HomeMy WebLinkAboutCC MINUTES 09231997 Meeting Sheet
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Folder: CC MINUTES AND AGENDAS 1997
Document: CC MINUTES 09231997
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 SEPTEMBER 23, 1997
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by
6 Mayor Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust.
9 Also Present: City Manager Michael Mornson and City Attorney William Soth.
10 Councilmembers Absent:-None.
11 M. APPROVAL OF SEPTEMBER 23, 1997 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Marks, second by Wagner to approve the September 23, 1997 Regular Council
13 Meeting Agenda with the following changes:
14 VI. Presentation of Claims, B. Rieke Carroll Muller Associates, Inc.: change the amount
15 from "$15,726.63" to "$12,511.42";
16 VI. Presentation of Claims, C. Rieke Carroll Muller Associates, Inc.: change the amount
17 from "$11,544.79" to "$3,383.74".
`3 Motion carried unanimously.
19 IV. APPROVAL OF SEPTEMBER 9, 1997 CITY COUNCIL REGULAR MEETING
20 MINUTES.
21 Motion by Marks, second by Enrooth to approve the September 9, 1997 City Council Regular
22 Meeting Minutes as presented.
23 Motion carried unanimously.
24 V. LICENSES/PERMITS/PETITIONS.
25 Motion by Marks, second by Enrooth to approve the following licenses:
26 Contractors License:
27 Tom Walek Construction, St. Anthony, MN/working at 3317 Roosevelt Ct.
28 ECI Building Contractors, Mendota Heights, MN/working at new service station on
29 Silver Lake Road
30 Motion carried unanimously.
31 Motion by Wagner, second by Faust to approve the following permit:
32 Temporary 3.2 Beer and Wine Permit:
St. Charles Borromeo Mardi Gras Celebration/February 22, 1998/2727 Stinson
q'4 Boulevard
City Council Regular Meeting Minutes
September 23, 1997
• Page 2
1 Vote on the motion: Ranallo, Enrooth, Faust, and Wagner voted aye. Marks abstained.
2 • Motion carried.
3 VI. PRESENTATION OF CLAIMS.
4 Motion by Marks, second by Wagner to approve the following claims with the changes to B.
5 and C. as presented by the City Manager:
6
7 A. Foster, Ojile, Wentzell & Brever, LLC in the amount of $3,000.00 for professional
8 services rendered for the month of September 1997.
9 B. Rieke. Carroll Muller Associates, Inc. in the amount of$12,511.42 for professional
10 services rendered from July 27 to August 30, 1997 for 33rd Avenue Design.
11 C.. Rieke Carroll Muller Associates Inc. in the amount of$3,383.74 for professional
12 services rendered from July 27 to August 30, 1997 for 1997 Street/Watermain
13 Improvements Construction.
14 D. Rieke Carroll Muller Associated Inc. in the amount of$3,500.00 for professional
15 services•rendered from July 6 to August 31, 1997 for 1998 Street Improvements
16 Feasibility Report.
17 E. 3 pages of Verified Claims as presented by the Finance Director.
Motion carried unanimously.
19 VII. REPORTS.
20 A. Eagle Scout Community Project Presentation, Mickey Morris, Troop 153.
21 This item was postponed to later in the meeting as Mickey Morris had not yet arrived.
22 B. Planning Commission - September 16 1997.
23 Planning Commissioner Doug Bergstrom was present to report on the issues addressed at the
24 September 16, 1997 Planning Commission meeting.
25 1. Bernard Preussner, for 3209 Skycroft Drive; Variance for Fence Height.
26 Commissioner Bergstrom reported the Planning Commission held a public hearing on
27 September 16, to consider a request by Bernard Preussner for a 10 foot variance to the City
28 Ordinance limiting a fence in an R-1 District to 8 feet. Mr. Preussner is proposing to build a
29 fence 18 feet in height and 125 feet in length.
30 The situation which led up to this request was that the property owner located to the north of
31 the applicant had an air conditioning unit which was very noisy and was located in an L-
32 shaped area which reflected the sound toward Mr. Preussner's house. Mr. Preussner measured
33 the noise to be over 60 decibels. Reportedly, upon consulting the neighbor to the north, Mr.
34 Preussner was given a set of ear plugs and was told to move from his master bedroom. The
35 noise from the air conditioner has increased this summer as a result of the removal of a metal
shed that was located between the two properties.
City Council Regular Meeting Minutes
September 23, 1997
• Page 3
1 After discussion, the Planning Commission did not believe the request satisfied the three
2 conditions required by State Law to grant a variance. The Planning Commission was
3 sympathetic to Mr. Preussner's situation and suggested some options for resolution of the
4 problem. One of the Commissioners had spoken with the neighbor and she was intending to
5 install a new air conditioner.
6 Commissioner Bergstrom reported the Planning Commission recommended denial of the
7 variance request based on the determination that it did not meet the conditions of hardship
8 required to grant a variance.
9 Bernard Preussner, 3209 Skycroft Drive, stated the neighbor had installed a new air
10 conditioner last Saturday but it creates the exact same problem as the old unit. He stated he
11 wanted to be able to use his master bedroom. He noted it is his expense to install the noise
12 barrier, not like freeway barriers for which we all pay.
13 Mayor Ranallo noted that the Management Assistant and the Public Works Director had
14 checked the noise level of the new air conditioner and they reported the noise of the airplanes
15 and the noise from Highway 35W was much louder than the noise of the air conditioner.
16 Mr. Preussner stated it depended on the time of the day.
Councilmember Marks suggested the City could possibly help with the negotiations between
18 the two neighbors through mediation.
19 Mayor Ranallo stated the neighbor, Mrs. Gable, would like to see some bushes planted around
20 the air conditioner if that would help alleviate the noise problem.
21 Mr. Preussner stated this has been a problem since the beginning of the summer and now the
22 City is telling him to plant bushes and for the neighbor to get a new air conditioner but won't
23 allow him permission to erect a noise barrier. He stated he will have to take different steps.
24 Councilmember Wagner stated bushes were the logical noise barrier and the typical solution
25 to this type of problem.
26 Mr. Preussner stated there is 10 feet between the house and the property line and the house
27 has a 3 foot overhang. He questioned where he would plant an 18 foot high bush.
28 Councilmember Wagner asked if the shed had been 18 feet high.
29 Mr. Preussner stated it had not but the shed had an overhang. He stated he had tried to be
30 nice and asked the Council what they would do in his situation.
Mayor Ranallo explained that the Planning Commission could not find a reason to grant a
2 variance to erect an 18 foot high fence. He suggested the possibility of mediation.
City Council Regular Meeting Minutes
September 23, 1997
• Page 4
1 Mr. Preussner stated that was his first question to the neighbor. He noted he has an
2 appointment set up on Thursday with a big Law Firm.
3 Marks stated the best approach would be to find someone to mediate the situation. He noted
4 State Law requires such findings as unusual shape of the property, unusual topography, etc. to
5 grant a variance. These conditions are not present in this situation and there are no grounds
6 to grant a variance. He suggested mediation to solve the problem without confrontation.
7 Mr. Preussner noted he had contacted the Pollution Control Agency and they will not get
8 involved as this is a residential property.
9 Councilmember Faust asked if Mrs. Gable had been present at the Planning Commission
10 meeting.
11 Commissioner Bergstrom stated she had not been present.
12 Motion by Marks, second by Faust to deny the variance to fence height request of Bernard
13 Preussner, for 3209 Skycroft Drive, as it does not meet the requirements to grant a variance.
14 Mr. Preussner asked if he could have a transcript of the hearing.
05 City Manager Morrison stated minutes arent official until after being approved at the October
16 14, 1997 meeting.
17 Motion carried unanimously.
18 2. Ordinance 1997-008, re: Amendments to Lot Coverage and Parking
19 Requirements for Permitted Conditional Uses in R-1, Single Family Districts.
20 Commissioner Bergstrom reported this issue was initiated at the August Planning Commission
21 meeting when a concept review of an expansion/construction project was presented.
22 Bergstrom noted he had not been present at that meeting.
23 At the September 16 meeting, Staff presented suggested language that would govern permitted
24 and permitted conditional uses, that are not residential but are located in a residential district,
25 with regard to issues including building to lot coverage and parking requirements. The
26 Commission raised a number of questions with the proposed ordinance amendment including
27 the use of terminology and the non-specific parking requirements. There was a general
28 consensus of the Commission that a non-R-1 use does not perform the same as a residential
29 property and that Staff had a good start on the amendment. The amendment was referred
30 back to Staff for further revision.
31 Commissioner Bergstrom noted that the intent was not to reduce green space and that one
Wrecommendation in regard to the language was to address the storm water drainage. He stated
53 the goal of the Commission is to present the amendment to the Council at their October 28,
34 1997 meeting.
City Council Regular Meeting Minutes
September 23, 1997
• Page 5
1 Commissioner Bergstrom noted the Planning Commission has been evaluating commercial
2 property development in the City with respect to the split liquor issue. He stated that there is
3 an opportunity, with a relatively short window, that the City has for Apache and the shopping
4 center on the south end of town for developing, encouraging, allowing, a fine dining
5 establishment. He stated the.City would benefit with the amenity and it would be a good
6 addition to the commercial tax base. The recommendation of the Planning Commission to the
7 City Council is that they obtain a definitive answer to the process of changing to split liquor
8 and to consult with someone who works with the commercial development of fine dining
9 establishments. If the City Council wishes, the Planning Commission will work on this issue.
10 Mayor Ranallo stated that the City has communicated the desire of a fine dining establishment
11 to all the developers who have worked in the City. If one could be located in the City and
12 would want to serve liquor, the City would view this favorably. Thus far, after performing a
13 survey of the City, no one has been interested.
14 Councilmember Enrooth stated it was not that the City was against split liquor. They have
15 made inquiries but have been told that the demographics are not favorable for that type of
16 establishment, nor are we located on a 35W or 694.
17
18 A. Eagle Scout Community Project Presentation, Mickey Morris, Troop 153.
Mickey Morris, Boy Scout Troop 153, apologized for arriving late to the meeting and stated
wo he was.present this evening to present his Eagle Scout Project for City Council approval. He
21 asked to be allowed to have a City Safety Day and if available, use the gym and the
22 Community Center. He reported he-had called various community organizations including the
23 Police and Fire Departments and Poison Control to request that they set up booths for this
24 event and explain how people can be safer in their home and community. Mickey suggested
25 March 21 or 28, 1998, for the event. He noted he was debating whether to sell food or pop
26 to defray some of the related costs.
27 Council suggested the event could be held in the Great Hall or the Community Service Room
28 and suggested Mickey tour the facilities.
29 Motion by Marks, second by Wagner to approve the Eagle Scout Project proposed by Mickey
30 Morris and that the logistics be worked out with City Manager and Community Services.
31 Motion carried unanimously.
32
33 The Council congratulated and commended Mickey for his Eagle Scout Project.
34 C. Storm Water Management Task Force - Subcommittee Report on Short Term Storm
35 Water Problems.
36 Sue Kozarek, 4029 Shamrock Drive, stated the St. Anthony Stormwater Management Task
Force Sub-committee has presented a Report of recommendations for short-term relief and is
qF8 asking the Council to approve the recommendations as soon as possible. She stated she
City Council Regular Meeting Minutes
September 23, 1997
• Page 6
1 believed that if the City did not act quickly, they would be jeopardizing the opportunity for
2 relief assistance from the State of Minnesota.
3 Ms. Kozarek displayed a letter from Senator John Marty dated September 17, 1997 which
4 stated that there would be some State assistance to affected residents in the metropolitan area.
5 Ms. Kozarek reported that the FEMA inspector had been in the community and has
6 determined that the homes are too damaged to be eligible for grant money. They could
7 however provide assistance in the amount of $600 per month but St. Anthony residents do not
8 qualify for this as their income is too high. Ms. Kozarek stated she had filed an appeal on
9 this decision.
10 Ms. Kozarek reported that low interest SBA loans are not available to the residents of St.
11 Anthony because they do not have flood insurance. She stated she has submitted a special
12 request of waiver for the Flood Insurance Program.
13 John Kuharski, 2709 Pahl Avenue NE, rioted that all members of the Council had received a
14 copy of the Report. He proceeded to outline the individual sections of the Report.
15 Mr. Kuharski explained that the purpose of Section 1 was to identify which residents are
eligible for assistance. The Task Force wants to be certain that all residents have the
OP7 opportunity to respond and are suggesting that some sort of notice be sent to residents and
18 that this also be published in the St. Anthony newsletter.
19 Marks asked if the intent of Section 1 was to compile a database.
20 Mr. Kuharski stated that was the intent.
21 Wagner noted this had been done by the Fire Department.
22 Mr. Kuharski stated the,Task Force was not entirely certain that the City had.been in touch
23 with everyone that was affected.
24 Morrison stated he felt the residents had been surveyed to the best of the City's ability. Three
25 firemen spent one week surveying residents and it was announced in the newsletter. He stated
26 he has received approximately 54 responses.
27 Mike Jacobs, 2914-29th Avenue NE, suggested notice be included on the water bill.
28 Mr. Kuharski explained that Section 2 outlines what expenses are eligible for reimbursement.
29 This would include out of pocket expenses and additional expenses incurred that are directly
30 related to the flood. It also explains that reimbursement will be made of the marketable value
as of July 1, 1997 and that funding received from other sources would be deducted from the
2 eligible amount of reimbursement.
City Council Regular Meeting Minutes
September 23, 1997
• Page 7
1 Marks asked if this was for the purpose of the database and if the City had collected this
2 information.
3 Mr. Kuharski stated this was to determine eligible expenses. He noted the City had only
4 obtained estimated damages.
5 Wagner asked if these items were covered in the FEMA grant.
6 Ms. Kozarek stated that FEMA would not cover these items. The SBA would cover some of
7- the items-but not-all of them. She. noted the structure itself, furniture, hot water heater,
8 washer, and dryer were covered. Items like carpeting are not covered and only a certain
9 percentage of personal property is covered.
10 Mr. Kuharski explained that Section 3 addresses home buyouts. The Task Force is
11 recommending that the City purchase five homes: 2716 St. Anthony Boulevard, 2713 St.
12 Anthony Boulevard, 2914-29th Avenue, 4029 Shamrock Drive, and 2800 St. Anthony
13 Boulevard. These homes are listed in order of priority based on the amount of damage
14 caused by flood water, the number of instances of flooding, and location to provide a water
15 control solution for other homes in the neighborhood. Mr. Kuharski stated he had spoken
16 with the owners of four of the properties and they would be interested in a buyout. He stated
that the daughter of the fifth property owner is present at the meeting this evening and has
qF8 stated that her mother, the owner of the property, is also in favor of a buyout.
19 Mayor Ranallo asked how Mr. Kuharski had determined the values of the homes.
20 Mr. Kuharski explained he had obtained the value for homes a,b,c, and e from the Hennepin
21 County Property Taxation Manager. Home d is located in Ramsey County and he obtained
22 the value from the homeowner's copy of the report from Ramsey County. The value used is
23 the taxable market value.
24 Marks noted the Sub-committee has suggested that purchase of these homes is part of the
25 water control solution. The next step would be to have the engineer view this proposal and
26 determine if it would have any affect on the problem.
27 Mayor Ranallo suggested that the report completed in 1992 be extended to include the rest of
28 the City and that the engineer then work with City Staff and the attorney to determine what
29 the City can do. He noted that these ideas will not resolve all of the problems.
30 Mr. Kuharski noted that these are short-term solutions, not long-term. He explained Section 3
31 also included the cost of removing the homes and construction of the water overflow basin
32 and landscaping in the total amount of$40,000.
Marjorie Hurt, 2815 Wilson, asked what a water overflow basin was.
City Council Regular Meeting Minutes
September 23, 1997
• Page 8
1 Mr. Kuharski explained this would be a temporary holding pond that water could not escape
2 from. The next day City Staff would pump the water out of the basin and into the sewer.
3 Mr. Kuharski explained that Section 4 addressed technical assistance for flood proofing
4 homes. After establishing which homes were damaged by the July 1 flood, the City would
5 hire an outside engineer to work with City Staff and the engineer to determine what
6 improvements can be made to the home to prevent future water problems. The engineering
7 firm would also recommend possible minor improvements the City would be responsible for
8 in various areas.
9 Mr. Kuharski explained that Section 5 called for a moratorium on building until short-term
10 solutions are carried out. The City should not permit any property grading or construction
11 which would increase any possible risk of flood damage or increase the public cost of
12 alleviating flooding. He noted this recommendation came straight-from the 1992 Barr
13 Engineering recommendations. This Section also states that redevelopment of the City's parks
14 should not begin until it is determined that the parks will not be involved in a long-term
15 solution to the flooding issues.
16 Mr. Kuharski explained that Section 6 addressed the sanitary sewer ordinance. It is the
17 opinion of the Task Force that the Ordinance should be strengthened to allow a fine to be
imposed for failure to comply. It would allow the City to inspect all residential and
9 commercial property for compliance at any time, not just when the property is sold. Also, a
20 number of homes do not have check valves. It is recommended that the City install the check
21 valves. If the owner refuses, he would be required to install a check valve at his own expense
22 or sign a release form. It is recommended that these items be completed by May 1, 1998.
23 Mr. Kuharski explained that Section 8 states that no funds should be expended to improve
24 City parks until the short-term needs of the flood victims are resolved.
25 Marks noted that some of the neighbors on the northeast edge of Central Park have suggested
26 that installation of a walkway would help their flooding situation. There is some synergy in
27 the goals of the two Task Forces.
28 Mr. Kuharski stated he felt that was a long-term solution. Also as a member of the City Task
29 Force he could not recommend use of land that was not owned by the City.
30 Mr. Kuharski explained that Section 8 addressed use of current City resources. It calls for the
31 City's Maintenance Department and the Fire Department to be put on alert when a heavy rain
32 is forecasted by the Weather Bureau or is in process. It also suggested that the City purchase
33 six additional generators to use is cases where the power is lost. He noted that during the
34 July 1 storm many homes were without power and therefore, the sump pumps did not work.
35 This Section also suggests that the Fire Department establish through its Civil Defense unit a
hot line telephone number for senior citizens and the physically challenged to call and get
*7 help during a heavy rain or after it is over.
City Council Regular Meeting Minutes
September 23, 1997
• Page 9
1 Mr. Kuharski explained that Section 9 outlines suggested sources of funding, including the
2 following from the City of St. Anthony: Amount in the current Sewer Fund, which will have
3 a balance of$265,000 as of December 31, 1997;
4 Mayor Ranallo noted it is the Storm Sewer Fund.
5 Mr. Kuharski continued: An interfund payable to be made by transferring uncommitted funds
6 from the General Fund for $50,000 and from the Revolving Improvement Fund for $255,000,
7 reimbursements to the fund will come from increasing the quarterly Storm Sewer Fund charge
8 and would take two years to repay; A portion of current undesignated funds would be
9 transferred to the Storm Sewer Fund and would take two years to repay; An additional tax
10 levy for the Storm Sewer Fund to be included in the 1998 budget and in future year's
11 budgets; and, An increase to all residents and commercial property owners of the quarterly
12 Storm Sewer Fund charge effective January 1, 1998 for a yearly increase from $48,000 to
13 $150,000.
14 Mr. Kuharski stated other sources of funds would include Federal and State, residents and
15 donations. He noted the donations would be tax deductible and would be similar to the
16 donations to SANBE.
Marks noted that SANBE is a 501(c)(3) organization and asked Mr. Kuharski if he intended
8 to set up that sort of an organization for these funds.
19 Mr. Kuharski stated the funds could be donated to the City and designated to be used for the
20 Storm Sewer Fund.
21 City Attorney William Soth stated that the problem is that once the funds have been donated
22 to the City, there are limitations by Statute as to how the City can use the funds. It would be
23 more appropriate to set up a charitable organization.
24 Faust asked the amount of the proposed increase to the quarterly Storm Sewer Fund charge.
25 Mornson stated the proposed figures included an increase of $12 to $36 per resident per year.
26 Commercial would pay more because they are charged on a land use ratio.
27 Mr. Kuharski explained Section 10 describes a method to determine emergency financial relief
28 to residents. Those residents requesting funding by October 31, 1997 would be required to
29 complete a list showing the items that were damaged and sign an affidavit stating that this is
30 true to the best of their knowledge. It also suggests that the City contract with an
31 independent insurance adjuster who will review the items listed and visit each property to
32 determine the current market value of the items listed.
Mr. Kuharski explained that Section 11 is a recap of what it will cost to accomplish the short-
4 term solutions suggested in this report.
City Council Regular Meeting Minutes
September 23, 1997
t Page 10
1 Mike Jacobs asked the Council to look closely at the recommendations for short-term
2 resolution. He stated he was frustrated that the Council continues to back pedal. There has
3 been no resolution to this problem in 40 years. He stated his neighbor had given him a City
4 Code of Ethics and he referred to page 21 where it states, "All property must be properly
5 drained". He stated his personal feeling is that the Task Force is trying to chisel at the
6 problem. The more chiseling and eventually the mountain will be broken into a molehill. He
7 hoped the Council would seriously consider this. He stated this is what the City can do for
8 the residents. He noted the Council had to use their head in this decision but also hoped that
9 they would use their hearts as this could happen to anyone and if it were the Council's
10 children, they would look at the problem differently.
11 Wagner suggested that the Report be studied and a written response addressing each item be
12 completed as soon as possible.
13 Mayor Ranallo stated the engineer needs to look at the Report and determine which items the
14 City can do. He suggested the 1992 report be extended and that the engineer, City Manager,
15 and attorney meet to arrive at the positive short-term solution that will extend into the long-
16 term, within the next week to ten days.
17 Mr. Soth noted the City could purchase the suggested properties if it was determined that it
was being done for a public purpose.
19 Ms. Kozarek reported that the City of New Brighton has hired Barr Engineering to perform a
20 study. She suggested the City of St. Anthony could work together with the City of New
21 Brighton on the northern end of town and possibly save some money. She also stated that if
22 an appeal was to be made to the State legislature, these recommendations had to be acted
23 upon now.
24 Mayor Ranallo commented that it was not possible for the City of St. Anthony to fund all the
25 expenses of a long-term solution.
26 There was direction to City Manager to contact the City of New Brighton to determine if
27 there was a possibility to work together with Barr Engineering to conduct a study on the north
28 side of town.
29 Mayor Ranallo suggested that a full report be made at the next Council meeting of October
30 14, 1997. If more discussion was necessary, he suggested a special work session be held
31 prior to the Council meeting.
32 Mary Ann Kuharski, 2709 Pahl Avenue NE, thanked the Council and applauded them for
33 moving ahead and looking at the recommendations quickly. She noted that the affected
34 residents have had to become realists. They are no longer able to live in their homes. Winter
is approaching and some homes have no heat, no facilities. She stated the City needs to
6 address the point that some people cannot live in these homes anymore. She stated there is an
37 urgency and pleaded with the Council to understand this.
City Council Regular Meeting Minutes
September 23, 1997
• Page 11
1 Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated that it was his understanding that the
2 Council intended to pick up where the 1992 Barr Engineering study had left off. The study
3 had recommended non-structural solutions and more ponding areas'in an incremental fashion
4 as the ultimate solution was not affordable. These items will start to make a contribution
5 until such a time as the City can afford the ultimate solution. In the study, it was also
6 recommended, and the City of Minneapolis is implementing, that the residents grow their
7 grass longer. This will hold more water and allow the water to leave by means of
8 evaporation. He stated he hoped that by the next Council meeting some of the suggestions of
9 the 1992 study would be implemented.
10 Mrs. Hurt stated she had been hit by the 1992 storm but not badly. At that time she had been
11 told that it was a 100 year storm event. She stated that on July 1, 1997, she had been hit
12 badly by the storm. She stated she is 75 years old and does not have the courage to look for
13 somewhere else to live. During the last storm she paced the floor wondering if the water
14 would come up again. She had a complete mote built around her house. A fireman came
15 and checked on her to see if she was okay. She stated this is frightening. She has been
16 advised that she should spend $5,000 to tile the basement and install a sump pump but she
17 questioned what a sump pump would do in a heavy rain. She noted that the insurance man
18 told her that the water came right in through the structure itself. She asked that the City not
19 only look at the short-term but think about the future. She does not want to leave her home.
20 Bob Graham, 4020 Fordham, stated he had not experienced the problems incurred by other
21 residents because he was on high ground but he does see his neighbors with their lights on
22 looking out their windows every time it rains. He stated the water is flowing toward his
23 property from the new development which the City felt was necessary in his area. The City
24 deviated on the lot size requirements and built more houses and the drainage has been
25 changed to flow down Fordham and through his backyard. The 1992 Barr Engineering Study
26 had encouraged control on.development. The City has made a policy itself by not listening to
27 the recommendations and cutting the lot sizes and increasing the size of houses.
28 Mayor Ranallo stated that the drainage is controlled by Rice Creek Watershed District
29 (RCWD) and the City required things that the RCWD did not even request.
30 Mr. Graham stated he did not have a history of the water in the area but he felt that the
31 deviation in requirements of the City has affected the water flow.
32 Mr. Kuharski asked if the Council would approve Sections 1, 2, 4, 5, 6, 7, and 8. At least
33 then something would be set in motion.
34 Marks noted that Sections 1 and 2 were for the purpose of collecting information.
35 Wagner stated Section 1 and 2 are another method of compiling data with a date certain.
4R6 Motion by Marks, second by Enrooth to approve Sections 1 and 2 of the Task Force Sub-
37 committee Report for the purpose of continuation of collecting data only.
City Council Regular Meeting Minutes
September 23, 1997
Page 12
1 Motion carried unanimously.
2
3 Mr. Kuharski suggested that Section 4 could be initiated.
4 Mayor Ranallo stated he would prefer to obtain the engineer's opinion on that action. He also
5 questioned who would fund this action.
6 Mr. Kuharski stated this could be funded by the Storm Sewer Fund as it would be used for a
7 public purpose.
8 Mayor Ranallo stated he would prefer to have the whole report looked at by the engineer,
9 finance director and attorney. He commented that some of the suggestions could be'
10 considered as individual assistance.
11 Marks questioned if any building in the City would be affected by Section 5.
12 Mayor Ranallo noted that St. Charles Borromeo Church would be affected.
13 Mr. Kuharski noted the moratorium in Section 5 would only be in effect until the short-term
14 solutions were carried out.
*5 Enrooth stated he felt that the issues in Section 5 were being dealt with currently. If there is
16 any new construction in the City, the Council is aware of it.
17 Mr. Kuharski stated he felt the Planning Commission should be made aware of the flooding
18 problem. Commissioner Bergstrom was present this evening suggesting construction of a new
19 restaurant.
20 Enrooth noted that Planning Commissioner Makowske is the Planning Commission liaison to
21 the Storm Water Management Task Force.
22 Enrooth asked how strictly the Sanitary Sewer Ordinance could be enforced.
23 Mr. Soth stated that the City cannot force their way into a person's home to enforce the
24 ordinance. If the City is aware of a violation under the current ordinance they can issue a
25 citation. It could be built into the ordinance that a person who will not allow an inspection
26 can be penalized.
27 Mayor Ranallo suggested that Staff begin to look at the ordinance now.
28 Mornson noted the Sub-committee has recommended that the changes to the ordinance and
29 check valve installation be completed by May 1, 1998. Staff will begin to put a draft
Wtogether.
31 Mr. Kuharski asked if Section 7 could be accomplished now.
City Council Regular Meeting Minutes
September 23, 1997
• Page 13
1 Enrooth noted that any park improvement would require approval by referendum.
2 Mr. Kuharski stated Section 7 would address any park items that are not budgeted for.
3 Morrison noted that the tennis courts and the playground are included in the budget.
4 Mr. Kuharski asked if Section 8 could be accomplished now.
5 Mayor Ranallo stated that the City did not have enough Staff to carry out Section 8. During
6 the storm on July 1 eight of the twelve employees came to help but their first priority was the
7 lift station.
8
9 Wagner noted that many homes were not equipped to run on an external generator.
10 Bob Lomar, 2512 St. Anthony Boulevard,.noted that the maintenance employees only work
11 40 hours per week but the Fire Department is on duty 24 hours per day, 365 days per year.
12 Wagner noted there are only two firemen at the Station. The others have to be called in.
13 Mr. Kuharski stated that the City of New Hope purchased a home because of a continuous
water problem. He stated he could get the address.
15 Mayor Ranallo noted there may have been other issues surrounding the purchase of the home.
16 Brenda Yaritz, 2601-32nd Avenue, stated she had spoken with the engineers twice and they
17 seemed like they didn't care. She had attended both of the water meetings.
18 Morrison noted that that engineering firm was preparing the City's Comprehensive Water
19 Management Plan and only required minimal data.
20 Ms. Yaritz noted it was the same company that was working with the Task Force. She stated
21 she is fearful every time it rains and that her yard is a holding pond for the City of St.
22 Anthony.
23 Mornson noted that that engineering firm is involved with the Task Force but has not done
24 anything because the Task Force is currently considering short-term relief.
25 Mr. Jacobs stated that the engineering firm is working with an Actuary Table from 1961
26 which is so ancient it is no wonder they can't determine the next rain. He questioned the
27 credibility of the table and stated he would like to see more current data.
28 Enrooth noted that at the last Task Force meeting the engineer had stated that he would
attempt to obtain more current information.
r
City Council Regular Meeting Minutes
September 23, 1997
• Page 14
1 There was Council consensus to hold a special work session on October 8, 1997 at 7:00 P.M.,
2 if necessary, to discuss the recommendations prior to the October 14, 1997 Council meeting.
3 He asked if this was satisfactory to the Task Force members and stated he did not want to
4 take anything away from them.
5 Mr. Jacobs stated the Council was not taking anything away. The Task Force can only make
6 recommendations. He thanked John Kuharski and the other members of the Sub-committee
7 for all their efforts and thanked God that they were in the community and lived with the
8 residents to help them through this process.
9 Mayor Ranallo thanked all the members of the Task Force for their.efforts.
10 D. Councilmembers.
11 Faust reported his attendance at a League of Minnesota Cities Fiscal Futures meeting on
12 September 11, 1997. He noted the Committee completed its policy position for adoption at
13 the Annual League of Minnesota Cities meeting on November 21, 1997. He and City
14 Manager will attend that meeting. The upcoming policies will be more specific and the
15 Committee intends to deal with the legislature in a more positive means.
16 Marks reported his attendance at a recent Parks Task Force meeting. Members walked
through the parks and addressed the highest priority of locating the tot lot for Community
*8 Services which is required by law.
19 Marks reported that he and his wife had attended a State Sister City Organization Committee
20 meeting in Duluth last Saturday. There was discussion of various programs done in cities in
21 the area and part of Wisconsin. The Mayor of Duluth gave the final presentation and was
22 incredibly positive.
23
24 E. Mayor.
25 Mayor Ranallo had no report.
26 F. City Manager.
27 1. Minnesota Housing Finance.Agency Meeting.
28 Morrison reported he will attend this meeting on Wednesday. The Federal Government has
29 declared Ramsey and Hennepin Counties disaster areas and is giving $'/z million to FEMA.
30 All cities will be represented and he felt a representative of St. Anthony should be present.
31 Morrison also noted that he and Management Assistant have submitted a loss report on behalf
32 of the City of St. Anthony for the loss of a squad car, etc. Staff is still exploring as many
33 funding options as possible.
34 2. MPRS Meeting.
35 Morrison reported the City is a member of the MPRS and he will be attending a meeting to
update the 36 cities on Thursday.
37 3. Public Works Director.
City Council Regular Meeting Minutes
September 23, 1997
• Page 15
1 Morrison reported the application process for the Public Works Director closed on September
2 9. Eight applicants will be interviewed next Monday and Tuesday. A decision will be made
3 by mid-October.
4 4. Building Inspector.
5 Morrison reported he will be recommending Greg Schmit of Castle Inspection for Building
6 Inspector. Mr. Schmit will attend the October 7 Council Work Session for introduction and
7 the contract will be on the October 14 agenda. Mr. Schmit currently works with five cities
8 and was highly recommended by all. His first day will technically be November 21, but he
9 may be asked to start work sooner so he is able to work with Duane Grace to facilitate a
10 smooth transition.
11 5. Computer Upgrade.
12 Morrison reported a discussion for computer upgrading will be included after the budget
13 portion of the October 7 Work Session. The Finance Director is looking at various proposals
14 to upgrade the network capacity. The next step will be to authorize a contract for the
15 upgrading.
16 6. Neighborhood Meetings for 1998 Street Projects.
17 Morrison reported the Neighborhood Meetings for the 1998 Street Projects, including 33rd
Avenue NE improvements are scheduled for October 21. He noted 33rd Avenue NE is an
9 MSA street and in order the meet MSA funding requirements it must meet the 30 mph speed
20 limit. 33rd Avenue NE will not meet the requirement because of the hill. The City will be
21 requesting a variance and has sent the recommendation to the School. In regard to
22 enforcement, the Police Chief has stated he does not believe there will be a problem.
23 7. Joint City Council/Planning Commission Work Session.
24 Morrison recommended this be scheduled for either February or March of 1998.
25 8. Exhaust Pros.
26 Morrison reported Exhaust Pros has responded to his letter and stated that they are obtaining
27 bids. This will again be addressed in October to determine compliance with the intent of the
28 conditional use permit.
29 9. Silver Lake Bridge Update.
30 Mornson confirmed that the intent of the Council is to install the upgraded medium and
31 lighting. RCM has determined that the watermain needs to be replaced and this will also
32 require replacement of the west sidewalk. Although the issue of sidewalks on the east side
33 still needs to be determined, the engineer is currently designing the plan with the sidewalk
34 and this will be displayed at the Neighborhood Meeting. The bridge design has yet to be
35 determined but it is the intent of the Council to do some type of design on the bridge.
10. HRA Updates.
7 Mornson reported that 2546 Kenzie Terrace will close within two weeks. 2542 Kenzie
38 Terrace has been delayed due to title problems that need to be corrected by the seller. A
City Council Regular Meeting Minutes
September 23, 1997
• Page 16
1 meeting is scheduled with the owner of the Old Clark Station who has a developer that is
2 interested in building townhomes on the site.
3 11. SAV II Update
4 Mornson reported that the SAV II Liquor Store project is going well and is still anticipating a
5 completion date of November 11, 1997. The footings for the Freedom Gas Station are being
6 installed.
7 12. 1998 Bud eg t/Leyy
8 The Budget will be presented at the October Council Work Session. Mornson also reported
9 that there were a number of changes on this year's Property Tax Bill. The biggest change
10 was that the commercial rate was decreased so the homeowners will probably pay more tax.
11 The other side of this issue is that the School District will be receiving a larger share of State
12 Aid and this should reduce their levy. Mornson noted there could be a positive result to
13 homeowners.
14 VIII. PUBLIC HEARINGS - None.
15
16 IX. NEW BUSINESS.
17 A. Resolution 97-044, re: Authorizing Execution of Sub-Grant Agreement with the
Minnesota Department of Public Safety, Emergency Management Division for FEMA
9 Infrastructure Program.
20 Motion by Marks, second by Enrooth to approve Resolution 97-044, authorizing the execution
21 of a Sub-grant Agreement for Federal Assistance for the Infrastructure Program.
22 Motion carried unanimously.
23 B. Approval of Election Judges for November 4, 1997 Election.
24 Motion by Marks, second by Faust to approve the proposed Election Judges for November 4,
25 1997 Election per memo from the City Clerk.
26 Wagner noted that it was too late for the idea this year, but suggested that in coming years
27 the City consider youth as Election Judges. He noted this had been recommended by the
28 League of Minnesota Cities and the Healthy Youth/Healthy Community Organization.
29 Mornson stated he would have the City Clerk look into this matter.
30 Motion carried unanimously.
31 X. UNFINISHED BUSINESS.
32 A. Ordinance 1997-006, re: Add Professional Buildings to Comprehensive Sign Plan ( 3rd
33 Readin
Motion by Wagner, second by Marks to approve the 3rd reading and adoption of Ordinance
*5 1997-006, an Ordinance relating to signs, amending Chapter 14 of the 1993 St. Anthony Code
City Council Regular Meeting Minutes
September 23, 1997
• Page 17
1 of Ordinances, by adding Subd. 36 to Section 1400.04; and by amending Section 1400.09,
2 Subd. 5.
3
4 Motion carried unanimously.
5 XI. ADJOURNMENT. ,
6 Motion by Enrooth, second by Marks to adjourn the meeting at 9:52 P.M.
7 Motion carried unanimously.
8 Respectfully submitted,
9 Lorri Kopischke
10 TimeSaver Off Site Secretarial
11110A OA
12 Mayor
13 ATTEST:
14 City Clerk