HomeMy WebLinkAboutCC MINUTES 10141997 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
100924
Box: 19
Folder: CC MINUTES AND AGENDAS 1997
Document: CC MINUTES 10141997
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 OCTOBER 14, 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 Mike Morrison and City Attorney William Soth.
10 Councilmembers Absent: None.
11 III. APPROVAL OF OCTOBER 14, 1997 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Marks, second by Enrooth to approve the October 14, 1997 Regular Council
13 Meeting Agenda with the following change:
14 IX. New Business C. Ordinance 1997-010, Amending Cable Franchise Ordinance 1982-
15 009, Article II., Section 4. Franchise Term
16
17 Motion carried unanimously.
IV. APPROVAL OF SEPTEMBER 23, 1997 CITY COUNCIL REGULAR MEETING
19 MINUTES.
20 Motion by Marks, second by Faust to approve the September 23, 1997 City Council Regular
21 Meeting Minutes as presented.
22 Motion carried unanimously.
23 V. LICENSES/PERMITS/PETITIONS.
24 Motion by Enrooth, second by Marks to approve the following licenses:
25 Contractors License:
26 Steve Zebro Cement Company, Coon Rapids, MN/working at 3320 Roosevelt Street
27 Heating License:
28 Roseville Plumbing & Heating, Inc., St. Paul, MN/working at Freedom Service Station
29 Total Heating & A/C, Crystal, MN/working at 3408 Downers Drive
30 Aspen Heating and Air Conditioning/working at 4028 Macalaster Drive
31 Fisher-Bjork Sheetmetal Co., Inc./working at SAV Liquor Store-Apache
32 Motor Vehicle Starting License:
33 Dick's St. Anthony 66 Service
34 Garbage Haulers License:
35 Name change for Woodlake Sanitary Inc., BFI
36 to Waste Systems of North America, Inc./Residential Hauler/Same Owner
City Council Regular Meeting Minutes
October 14, 1997
• Page 2
1 Councilmember Enrooth stated he would like to exclude the Contractor's License for Johnson
2 & Sons Concrete, Champlin, MN/working at 3327, 3331, and 3335 Skycroft Drive as the
3 work on these properties has been done for three weeks. He asked the City Manager to
4 investigate.
5
6 Motion carried unanimously.
7 Motion by Faust, second by Wagner to approve a temporary wine permit for St. Charles
8 Borromeo Church, Affirming the Faith Dinner/November 8, 1997, 2727 Stinson Boulevard.
9 Voting on the motion: Ranallo, Enrooth, Faust and Wagner-aye. Marks abstained.
10 Motion carried.
11 Mayor Ranallo asked what recourse the City would have against Johnson & Sons Concrete.
12 City Attorney William Soth stated that the City can grant or deny the license. The work
13 being done without a license is a violation and Johnson & Sons Concrete can be issued a
14 citation.
0PVI. PRESENTATION OF CLAIMS.
6 Motion by Marks, second by Wagner to approve the following claims:
17
18 A. General.
19 1. Calgon Carbon Corporation
20 a. In the amount of $19,257.60 for material for water filtration system.
21 b. In the amount of $18,758.40 for material for water filtration system.
22 C. In the amount of $38,649.60 for material for water filtration system.
23 2. Dorsey & Whitney in the amount of$715.64 for legal services rendered
24 through August 31, 1997.
25 3. Foster, Ojile, Wentzell, & Brever in the amount of $3,000.00 for professional
26 services rendered for the month of October 1997.
27 4. St. Anthony Fire Relief Association in the amount of $24,824.00 for 2%
28 insurance premium payment for fire relief.
29 B. 1997. Street Improvements:
30 1. Northdale Construction in the amount of$29,288.50 for Payment Application
31 #3.
32 C. Storm Water
33 1. Dorsey & Whitney in the amount of $1,334.58 for legal services rendered
34 through August 31, 1997.
35 2. WSB & Associates, Inc. in the amount of$1,443.50 for professional services
36 rendered August I through August 31, 1997.
City Council Regular Meeting Minutes
October 14, 1997
• Page 3
1 D. New Liquor Store
2 1. Dorsey & Whitney in the amount of$3,500.00 for legal services rendered
3 through August 31, 1997 regarding $940,000 Liquor Revenue Bonds, Series
4 1997.
5 2. KKE Architects, Inc. in the amount of$2,289.03 for services rendered through
6 August 29, 1997.
7 3. Lund Martin Construction in the amount of $100,247.80 for Payment
8 Application #2.
9 E. 6 pages of Verified Claims as presented by the Finance Director.
10 Motion carried unanimously.
11 VII. REPORTS.
12 A. Discussion of Storm Water Recommendations.
13 City Manager Morrison referred to the report entitled, "City's responses to the Storm Water
14 Management Task Force's Short-Term Recommendations for Flood Damage Control". Copies
15 were available for the audience.
16 Mornson reported that in response to the Task Force recommendations 1. and 2. Data
17 Collection, on September 26, 1997, staff sent a letter to the 55 property owners who have
identified themselves as suffering damage from the July 1 storm, which requested updated
9 damage estimates to both structural and personal property. A notice was also published in the
20 St. Anthony Bulletin and posted at City Hall. The process is still ongoing and to date the
21 City has received three responses. The City has also received a number of calls from
22 residents who state they have already done this and do not want to do so again. Morrison
23 noted that as a result of the City Fire Departments quick response in obtaining this
24 information from door to door surveys, the flood damage has been well explained to the State
25 Officials. There has been a lot of hesitation by the public to provide this information to the
26 City.
27 City Attorney Soth commented on Task Force recommendation 3. Home Buy Outs. He stated
28 that as discussed before, the City is legally authorized to buy homes if it is concluded to be in
29 the best interest of the City. In other words, if the purchase provides the best use to correct
30 the water problem. This depends on the engineer's opinion of what area can be used for
31 ponding and water retention.
32 In regard to Task Force recommendation 4. Technical Assistance, Mr. Soth explained that if
33 this is meant to provide professional assistance to individual home-owners, the City cannot
34 legally provide this service. This service can only be provided if it done on a city-wide basis.
35 It was also suggested that the City provide funds to improve certain homes. This is not
36 legally possible as it would be a private expenditure rather than a public expenditure.
In regard to Task Force recommendation 5. Moratorium on Building, Mr. Soth explained that
*8 it is possible under state statutes to adopt a moratorium. This is most frequently done for the
39 purpose of reviewing an ordinance and considering changes to an ordinance. A moratorium
City Council Regular Meeting Minutes
October 14, 1997
• Page 4
1 does not appear to be the correct way to approach the water problem. Any moratorium is put
2 in place on a temporary basis. This water problem needs to be dealt with on an ongoing
3 basis. Any redevelopment project should be addressed individually by Staff to determine if it
4 aggravates the water problem. If it does not, there is no reason to prohibit redevelopment.
5 In regard to Task Force recommendation 6. Change in the Storm Water/Sewer Sump Pump
6 Ordinance, Mr. Soth reported the City of St. Anthony does have an ordinance that prohibits
7 the connection of sump pump to the sanitary sewer system. A provision of the ordinance
8 requires that an inspection be made at the time of the sale of a property. The seller is
9 required to provide the buyer with a certificate stating that there are no illegal connections.
10 This is sometimes done-and sometimes not. Mr. Soth stated he and-Staff are currently
11 looking at the ordinance to determine how to make it more stringent and also the possibility
12 of offering incentives for compliance.
13 In regard to Task Force recommendation 10. Providing Financial Relief to Residents, Mr.
14 Soth stated that as individual prior opinions and the opinion of the League of Minnesota
15 Cities have expressed, this is not a permissible expenditure of City funds. Data is being
16 compiled by the City in the hope that State funds will be available because City funds are not
17 available for direct payment to the residents.
Peter Willenbring and Todd Hubmer, WSB & Associates, Inc. distributed a memorandum on
OP9 the subject of review of short term recommendations by the Flood Task Force. Mr.
20 Willenbring reported that at the City Council meeting of September 23, 1997, the Council
21 requested WSB & Associates to provide an engineering opinion on the advisability of
22 undertaking the home buyouts recommended by the Flood Task Force. Their review of the
23 recommendation is in three parts; Discussion of Ranking Criteria, Discussion of Prioritization,
24 and Analysis of Technical Merits of Constructing Improvements on Property Proposed for
25 Home Buyouts.
26 In regard to the Discussion of Ranking Criteria, Mr. Willenbring noted that the Flood Task
27 Force had recommended the purchase of the following homes: 2716 St. Anthony Boulevard,
28 2713 St. Anthony Boulevard, 2914 29th Avenue, 4029 Shamrock Drive, and 2800 St.
29 Anthony Boulevard. The Task Force recommendations indicated that these homes were
30 prioritized based on the following: Amount of damage caused by flood water only; The
31 number of incidences the homes have been flooded; The suitability of the home's location in
32 order to provide water control solutions for other homes. Mr. Willenbring stated that
33 although WSB & Associates fully supports the utilization of these three criteria, they would
34 also recommend other criteria be incorporated into the ranking and prioritization process to
35 further define the needs for purchasing homes and/or undertake improvements to correct
36 flooding problems in the area if such action is warranted. These additional criteria include:
37 1. Giving consideration to the level of flood protection that is currently provided to the
home relative to the flood protection provided and deemed reasonable in other
9 communities. Mr. Willenbring stated the storms which occurred on July 1 and July 23
40 both exceeded the amount of rainfall typically utilized in the design of a storm
City Council Regular Meeting Minutes
October 14, 1997
• Page 5
1 drainage system. The cost associated with that level of protection is generally too high
2 relative to the occurrences.
3 2. Evaluating the feasibility and cost-effectiveness of flood proofing the property instead
4 of purchasing it.
5 3. Determining and defining if the purchase of the property provides a public benefit so
6 as to meet the legal requirements of such a purchase.
7 In regard to the Discussion of Prioritization, Mr. Willenbring reported WSB has reviewed the
8 prioritized home buyout list provided by the Task Force for conformance with the criteria
9 utilized, and gave general consideration to the other 50 homes surveyed by the City and
10 identified to have been flooded in the July 1 event. He provided two flood damage inventory
11 tables with a listing of the homes that experienced flood damage. One is sorted by the
12 amount of damage reported in the July 1, 1997 event and the other is sorted by the number of
13 times the homes have been flooded. The review indicates that there is a potential that some
14 of the other 50 homes could rank higher based on these three prioritized criteria than the five
15 identified in the Task Force report. He noted that 2709 Armour Terrace reported their home
16 was flooded more than 20 times, making it the most frequently flooded home in the City, and
17 3503 Edward Street reported that their south basement wall collapsed, one of two homes with
18 reported structural damage. These two homes were not included on the list provided by the
19 Task Force. Mr. Willenbring asked that the Task Force provide WSB with additional
information in regard to the ranking of the homes chosen for buyout relative to criteria.
21 In regard to the Analysis of Technical Merits of Constructing Improvements on Property
22 Proposed for Home Buyouts, Mr. Willenbring explained a review of the technical merits of
23 buying these homes to construct improvements in their location to alleviate flooding problems
24 was also undertaken. Interviews were conducted with residents at these locations, the July 1,
25 1997 high water marks were recorded, low building elevations of those homes affected and
26 not affected by flooding in these locations were recorded, and the hydrologic merits of
27 constructing improvements at these locations were reviewed. WSB then reported the problem,
28 the preliminary findings, and proposed actions for each home on the Task Force list.
29 In summary, Mr. Willenbring stated the recommendations of WSB are as follows:
30 1. The public benefit associated with the purchase of these homes be defined. To
31 accomplish this, the City should be broken into thirteen study areas as shown in Figure
32 4. For each area, the regional improvements needed to correct the flooding problems
33 should be evaluated, along with an estimated cost for these improvements. Each of
34 these areas could then be prioritized based on the cost/benefit ratio for each of these
35 public improvements.
36 2. The City define a desired level of flood protection for homes in the City. It must be
37 noted that the July 23, 1987 storm and the July 1, 1997 storm far exceeded any design
38 parameters commonly used in providing flood protection to residents within the Twin
Cities' metropolitan area. It is also noted that the City will never be able to guarantee
0 flooding will never take place in a selected location, even if improvements are
41 constructed.
City Council Regular Meeting Minutes
October 14, 1997
• Page 6
1 3. The sanitary sewer and storm water issues be approached as two separate problems
2 within the City of St. Anthony. Sanitary sewer backup is a chief means of inundation
3 of many structures within the City and the solutions are different from storm water
4 problems.
5 4. The prioritization of homes considered for buyout be re-evaluated based on the
6 suggested updated criteria and further review of the background data utilized by the
7 Task Force.
8 Mr. Willenbring reported WSB also investigated the cost to provide technical assistance for
9 flood proofing homes. The cost would be between $400 to $1,000 per lot. The work would
10 typically include the need for a survey of the homeowner's lot, an engineering inspection:of
11 the property and the preparation of a memorandum outlining the results of the inspection, and
12 recommendations for flood proofing improvements. These improvements could include
13 berming, diking, pumping, etc.
14 Marks asked if the cost to provide technical assistance would only be assessed to the lots that
15 require change.
16 Mr. Willenbring stated he understood that the City would be required to make the program
17 available to all residents in the City but that he did not believe that every structure in the City
of St. Anthony would require flood proofing improvements.
19 Enrooth questioned recommendation #3 in regard to separating sanitary sewer and storm water
20 issues.
21 Mr. Willenbring explained that this recommendation focuses more on the criteria used to
22 respond to the problem. The homes experiencing storm sewer back up may not be located in
23 the lowest areas and the criteria which applies to storm water problems may not apply to
24 homes with sanitary sewer problems.
25 Norine Lockrem, 2916 Old Highway 8, stated she no longer lives at 2716 St. Anthony
26 Boulevard. She and her husband moved two weeks ago. She stated it is a difficult position
27 to be in owning two homes but there was no alternative.
28 Mrs. Lockrem referred to the criteria of the WSB report which sorted by the number of times
29 flooded. She suggested that this information may not be accurate as some residents have
30 lived in their homes for over 40 years and know how many times the homes have been
31 flooded. Others may have only lived in their homes for 10 years and would not have that
32 information available to them.
33 Mr. Willenbring stated he agreed. He stated there is a need to perform a more thorough
34 analysis of the information provided by the survey. This is the rationale for the
recommendation to talk with the Task Force in regard to the information they used to
qP6 prioritize the home for buyouts. Mr. Willenbring stated the information used was taken
City Council Regular Meeting Minutes
October 14, 1997
Page 7
1 directly from the survey form which was the same information which was provided to the
2 Task Force.
3 Mrs. Lockrem stated the statement in the WSB report regarding the number of times flooded
4 could be misleading and she would like a footnote added which would clarify the point just
5 discussed.
6 Mrs. Lockrem stated that criteria #1, on page 2 of the WSB report is confusing. She
7 questioned if it inferred that because she and her husband had only constructed a three foot
8 wall that they had not done a reasonable job in protecting their home from flooding. She
9 stated she did not believe this was true.
10 Mr. Willenbring stated that criteria was not specifically aimed at the Lockrem property. He
11 explained that another goal in preparing this report is to help the City define the public
12 purpose to allow the purchase of the homes. In order to define the public purpose, WSB
13 needs to determine design standards. WSB needs to be told how much rain they need to
14 design for.
15 Mrs. Lockrem verified that WSB was referring to the City providing flood protection in
16 criteria #1.
07 Mr. Willenbring stated this was correct.
18 Enrooth noted that the City, together with the Task Force, needed to determine the degree of
19 flood protection and that most storm sewers are designed for a ten-year event.
20 Mrs. Lockrem questioned the WSB summary recommendation #1 on page 6. She noted that
21 the City and residents need information to present to the legislature within the next month.
22 She asked how long it would take to study thirteen areas and if this was a reasonable
23 recommendation. She stated she was feeling a great deal of pressure and noted that Senator
24 Marty has stated that he needs a recommendation by the 1st of November.
25 Mr. Willenbring explained that different areas require different levels of study. Each study
26 area will require approximately 40 to 100 man-hours. This would be 2 to 3 weeks in each
27 area including survey time.
28 Mrs. Lockrem stated she feared the residents were going to miss the boat again. She
29 questioned if it was reasonable to think that something will be ready for the legislature.
30 Mrs. Lockrem then referred to the letter from Dorsey and Whitney dated September 17, 1997.
31 The last paragraph on the first page states, "Such a conclusion would have to be based upon
32 findings established by engineers and could not be based solely upon the desire to be of
assistance to homeowners." She stated that she believed the third factual piece to this is that
4 her property is used as an overflow catch basin for the City of St. Anthony but unfortunately
35 her house is on the property. This is not an either/or issue.
City Council Regular Meeting Minutes
October 14, 1997
Page 8
1 Mrs. Lockrem then referred to the letter from the Fire Chief dated October 3, 1997. The first
2 paragraph under Conclusion states, "The north end of the community rarely sees a City
3 response during a storm because all of our resources are consumed on the south end.
4 Consequently, the north end residents are more self-reliant (cleaning out grates, etc.) than
5 residents on the south end." She stated that every single time it rains her husband and many
6 of the neighbors are out cleaning grates. She stated it disturbs her to see the Fire Chief make
7 an assumption like that.
8 Wagner agreed with Mrs. Lockrem that there is a lack of self-reliance on the north end.
9 _ Many of the grates on the north end are not cleaned out.
10 Marcia St. Hilaire, 2800 St. Anthony Boulevard, stated she was speaking this evening on
11 behalf of her mother who owns the home at this address. She stated that in the 47 years that
12 she has been affiliated with this house, the sewer had never kept up to the rainfall. She stated
13 that as a young girl she would wade through the water and people whose cars had flooded
14 would knock on the door at 3:00 A.M. and spend the night at the house. This area has been a
15 holding pond for her entire life. She noted that her mother's house has not sustained major
16 damage to the upper portion and asked that if a buyout did occur, would the home be
17 destroyed or moved. She also asked what value would be used to purchase the homes.
Mayor Ranallo stated this has not been discussed. Mornson stated the Task Force short-term
9 recommendations utilized the market value based on the 1997 tax assessor's figures.
20 Mike Jacobs, 2914-29th Avenue NE, noted that there were a number of people in the
21 audience who did not receive the survey sent by the City. He asked who was responsible for
22 sending out the survey. He noted he had recommended at the last meeting that the survey be
23 included in the water bill. He stated residents not receiving the survey has resulted in
24 information that is erroneous and has not been calculated properly to determine the number of
25 houses affected and the damages.
26 Morrison explained that this is why the City had the Fire Department go door to door with the
27 survey. If people were not home the survey was left on their door. Staff has now sent a
28 letter to the 55 people who filled out the initial survey.
29 A number of residents in the audience stated they had not received the letter from the City.
30 Mornson noted that the process is ongoing and this is an obvious oversight. He stated Staff is
31 working with a couple of lists and he would investigate this problem.
32 Mr. Jacobs stated he wanted the letter to be sent in the water bill because everyone reads that.
33 He noted that the St. Anthony Bulletin does not get to every house in the City.
Mayor Ranallo noted that this was not possible because the water bill had been sent out even
OP5 previous to the last City Council meeting. He suggested a letter be sent to every resident in
36 the City.
City Council Regular Meeting Minutes
October 14, 1997
Page 9
1 Enrooth suggested the letter be sent with the City quarterly newsletter. He asked if there was
2 anyone in the audience who did not receive the newsletter.
3 There was no response.
4 Wagner asked if Mr. Jacobs was saying that there were a lot of people who had sustained
5 damage that were not on the list.
6 Mr. Jacobs stated there are. He stated he is part of the Task Force that has worked
7 extensively formulating the short-term necessities which in a matter of a few minutes have
8- been shot down. He stated that this is a bunch of crap. He stated that if 54 houses are
9 affected, that is the public. Even one person is the public. He questioned the purpose of the
10 Task Force if everything they suggest is shot down and not even considered.
11 Mr. Jacobs stated the new actuary tables are needed now. The Task Force is working with
12 tables from 1961. He stated the July 1 event was not a 100 year storm and cannot be blamed
13 on God. The residents need to be protected and they look to their public servants to take
14 responsibility for them. He stated he was frustrated that no one is rising to the occasion. He
15 stated he cannot apologize as the frustration runs too deep and that if this affected the
16 Councilmember's family life they would consider it differently. He noted that several of the
residents have a chronological history of all the flooding which has occurred in the past 40
8 years and the articles which state that nothing has been done to correct the problem. He
19 stated that he can walk out tonight with his head held high because he has tried to do
20 something right and asked if any of the Councilmembers could do the same.
21 Wagner asked if the surveys of the thirteen locations included consideration of the piping
22 which went from the City and out to other connections.
23 Mr. Willenbring stated WSB has no control over piping outside of the City border. He
24 explained that in the study WSB identifies the need to define the public benefit. The City can
25 undertake any\or all of the recommendations at the same time. WSB can begin at once.
26 Most of the resources can be done is short order. He noted it was not a good idea to have a
27 large number of engineers work on the project because that would not provide a consistent
28 approach to the study. He stated that each of the study areas would require approximately 1.5
29 weeks or 60 hours of engineering. There are thirteen areas and if three people were working
30 on the study, a substantial report could be completed within two to three months. Preliminary
31 feedback could be provided sooner.
32 Enrooth asked if a report for submittal to Senator Marty could be completed by November 1.
33 Mayor Ranallo noted he thought Senator Marty needed a report by the end of November.
34 Mr. Willenbring stated WSB could have a product ready by then.
)5 Mr. Hubmer stated WSB was close to having the resources necessary to provide a
36 recommendation and a reasonable estimated cost for the legislature.
City Council Regular Meeting Minutes
October 14, 1997
Page 10
1 Morrison noted a report was also needed for submittal to FEMA and for the application for
2 Housing Assistance funds. The application for Housing Assistance funds is needed by the end
3 of October.
4 Mr. Willenbring stated a grant application describes in adequate detail the considered findings
5 and a way to sell the project. It would require considerably less detail. He stated WSB could
6 provide that type of documentation within two to six weeks.
7 Enrooth suggested Staff contact Senator Marty to reconfirm his deadline for information.
8 Mrs. Lockrem questioned what grants the City was pursuing.
9 Morrison explained that a preliminary grant application has been filed with FEMA. The other
10 grant is through the Minnesota Housing Finance Agency.
11 Mrs. Lockrem asked Mr. Willenbring to explain the difference between a 10 year and a 100
12 year storm event.
13 Mr. Willenbring explained that the U.S. Weather Bureau had collected rain measurements
14 from 1853 through 1961 and plotted the results. They then created a table called the TP40.
He explained that a 100 year storm is the biggest event seen in a 100 year period. A 100
6 year storm has a 1% chance of occurring within any single year. Since 1961 there has been
17 an indication that the Twin Cities will receive a greater amount of rain during a period of
18 time than received prior to 1961. As a result some cities are designing their storm water
19 systems to accommodate 30% greater than the 1.00 year standard.
20 Jane Hintz, noted that at the last Task Force meeting it was agreed that they would like to see
21 a 100 year event plus the 30% for storm water capacity.
22 Mr. Willenbring acknowledged that the Task Force had voted and agreed that this is the
23 standard they would like for the future.
24 Morrison noted this motion was not presented to the City Council as those minutes have not
25 yet been approved.
26 Morrison distributed a pad to the audience and asked anyone who had not received a copy of
27 either report this evening or had not received a survey to provide their name and address.
28 Mary Jean Higgins, 2712 St. Anthony Boulevard, asked why removal of the two homes on St.
29 Anthony Boulevard would not provide enough storm water storage but removal of one home
30 on either Shamrock or Fordham would.
01 Mr. Hubmer stated that the 1992 Barr Engineering Study states that a holding pond in the
2 area of St. Anthony Boulevard would need to have the capacity of 70 acre feet of storm water
33 to contain a 100 year storm event. He explained that the property on Shamrock and the flow
City Council Regular Meeting Minutes
October 14, 1997
• Page 11
1 of storm water is different. All three properties in that area have walk-outs at a low elevation
2 with adjacent catch basins. The flood water was three feet at the highest point on the
3 foundation was adjacent. It is possible that the flood proofing of all three homes and
4 regrading the backyards areas, could solve the flooding problem. He noted that the water
5 does not stand long in this area. Even after the July 1 storm the water was down in less than
6 two hours.
7 Ms. Higgins stated that she felt that there was a bigger problem on St. Anthony Boulevard
8 and that even the reduction of one home would help.
9 Mr. Hubmer stated there is also an economic side to this. It may be possible to provide
10 protection at less of a cost than purchasing the home. He also noted that the two lots together
11 are only 3/4 of an acre at the most and to provide the necessary holding pond on that size lot
12 it would have to be 140 feet deep. This would not be reasonable at this location.
13 Ms. Higgins stated that St. Anthony Boulevard is a beautiful street and an asset to the City.
14 She felt that a holding pond may distract from that but that it could possibly be landscaped.
15 She did not necessarily want a big holding pond next to her home but felt that removing the
16 Lockrem home and providing the additional green space would help the situation.
Mr. Hubmer stated he did not believe that the removal of a single home would prevent the
8 inundation of other homes. Most of the water in the St. Anthony Boulevard area comes in
19 from another area. If the house is removed the only water removed would be that coming
20 from the roof and the driveway.
21 Marks noted that at one time that area on St. Anthony Boulevard was swamps and
22 marshlands. He asked if the water table being high in that area could be a contributing factor.
23 Mr. Hubmer noted that some resident's pumps on W. Armour Terrace are operating
24 continuously. He stated this could have an impact but he did not know to what extent.
25 John Kuharski, 2709 Pahl Avenue, stated he felt that the short-term solutions were being
26 combined with the long-term solutions. The Task Force's idea to buy-out the homes was a
27 short-term solution. This would not solve the problem but would help residents to not get
28 water in their basements. He stated that if the water had been another two inches lower he
29 would not have gotten water in his basement. He stated that Mr. Willenbring has stated that
30 he received all his information from the survey but the owner of the house at 2709 Armour
31 Terrace has stated that she never received a survey. The Task Force considered the home at
32 3503 Edward Street as the sixth house on their list of buy-outs because this was the first
33 occurrence of flooding to that property. Mr. Kuharski stated that on September 10, at the
34 Task Force meeting, he asked if the City could reimburse residents for damage to their home
35 due to water being stored on public property. He still has not received an answer.
56 Morrison stated that this issue was answered on Page 10 of the City's report. The City does
37 not have the discretion to reimburse residents for damage to their property.
City Council Regular Meeting Minutes
October 14, 1997
• Page 12
1 Mr. Kuharski stated that three weeks ago he had asked the City Council to vote on the short-
2 term solutions recommended by the Task Force. The Council did vote on the first two. He
3 asked that the Council vote on the others this evening. The Council should vote and get it on
4 record.
5 Steve Bartz, stated he had not gotten water in his basement but as an outsider looking in he
6 could see the frustration. He stated that his heart goes out to all involved but it seems like
7 everybody is fighting with everybody. This has to get resolved and asked what will happen if
8 the City does not receive any grant money.
9 Mayor Ranallo stated he would like WSB to start the study tomorrow morning.
10 Faust noted that the City can purchase the property if it is in the overall public good. He
11 stated that the frustration level for everyone is very great. The goals are the same but the
12 time lines are different. The Council has a fiduciary responsibility and has to do things
13 according to state statutes. He stated he believed that if the City does not get any grant
14 money they will still do something.
15 Mr. Jacobs displayed newspaper articles dating back to 1988 in regard to the flooding
16 problem. He stated he could see the City finding a reason to back out and doing nothing
again. Everything that has been suggested by the Task Force has been shot down
W systematically by WSB. He stated he understood that WSB worked for the City.
19 Faust stated that WSB works for all of us and that he was sorry that Mr. Jacobs felt that way.
20 He would like to work together to try to bring this issue to resolution. Faust stated the
21 residents and the Council are on the same team and the Council is doing as much as they can.
22 Mayor Ranallo commented that in 1992 when Barr's report was received and the Council
23 approved a $3.00 per quarter charge per tax payer to put money into the flood program
24 everyone complained. He stated he agrees with the Task Force recommendation to raise this
25 fee to $36 per year but knows that once again everyone is going to complain. He stated that
26 he was perturbed. There were no children at the last Council meeting, yet he received an
27 unanimous call at 10:30 P.M. stating that there was graffiti on a Councilmember's picture in
28 the City Hall. These were adults who did this, not kids. Mayor stated it saddened him to
29 have children in the audience witness this behavior from adults.
30 Mr. Jacobs stated he wanted it on record that just because his dad was well off, it did not
31 mean he would offer his son assistance and hoped that no one had that perception.
32 Mr. Kuharski stated his son and friends were embarrassed to see a Council who were doing
33 nothing and who had done nothing for the past 20 to 40 years. He demanded to know if the
34 Council would be voting on the short-term solutions 3 through 11 that were presented by the
0 Task Force.
36 Mayor Ranallo stated he did not know.
City Council Regular Meeting Minutes
October 14, 1997
• Page 13
1 Wagner stated he believed that if the City was to have any chance of obtaining any funds they
2 needed to move ahead with the study immediately. He did not see any question.
3 Motion by Enrooth, second by Wagner to accept the report as presented by WSB and move
4 forward in the process immediately of collecting the information necessary to meet the grant
5 criteria as discussed this evening.
6 Motion carried unanimously.
7
8 The Council proceeded to discuss each of the short-term recommendations of the Task Force.
9 There was Council consensus that recommendations#3--and #4 had been discussed and
10 explained adequately.
11 Marks noted in regard to recommendation #5 that a moratorium on building would not have a
12 significant positive effect.
13 Mr. Willenbring stated that additional asphalt or concrete which would cover existing land
14 would have an effect on run-off. However, it would not be a significant, measurable, or
15 visibly observable effect.
Wagner noted that most of the redevelopment includes a holding pond.
17 Mr. Willenbring stated that as part of any redevelopment the City can require a ponding area.
18 This would result in a benefit rather than a negative effect.
19 Marks noted that three holding ponds have been installed at Apache and one at City Hall as a
20 result of redevelopment. The redevelopment is actually having a positive effect. He
21 suggested that the City could adopt a policy to use redevelopment as an opportunity to help
22 handle the storm water.
23 Enrooth suggested the Building Inspector could be directed to specifically address the issue of
24 run-off on each building permit.
25 Mornson stated he did not feel the Building Inspector was educated in this area. The Building
26 Inspector is aware that City Policy is that any issues regarding run-off are to be referred to
27 the appropriate City Staff. This has been City Policy since it was recommended in the Barr
28 Engineering Study of 1992. Developments of 2.5 acres or more are also required to abide by
29 the Watershed District requirements. Staff also advises any development, even if.less than 2.5
30 acres, to check with the Watershed District.
31 There was Council consensus that this issue was being adequately addressed without the use
32 of a moratorium on building in the City.
03 Ms. Hintz stated there is a rumor that the Town and Country property is being sold and will
34 be developed into townhomes and condominiums.
City Council Regular Meeting Minutes
October 14, 1997
• Page 14
1 Wagner stated that property is not zoned residential and townhomes could not be built without
2 the approval of the City Council.
3 Mayor Ranallo noted that the Atwood property was commercial but was rezoned to residential
4 and was required to install holding ponds. Wagner stated that holding ponds were required
5 for the Village Green townhome development where he lives.
6 In regard to recommendation #6, Mornson stated that the recommendation is to change the
7 sump pump ordinance by May 1, 1998. The current ordinance requires inspection at the point
8 of sale. This was done for economic purposes. Staff will draft a revised ordinance for Task
9 Force review. The ordinance change will then require three readings.
10 Enrooth noted the White Bear Lake ordinance on sump pumps was very stringent. He stated
11 he would supply a copy of that ordinance to Staff.
12 Mornson noted that the City of Plymouth's ordinance only allows residents one year for
13 compliance and if residents do not allow an inspection, they can be fined up to $100.
14 Mayor Ranallo asked if the change to the ordinance could be accelerated.
Mornson stated Staff can begin to work on the Ordinance immediately and possibly have a
6 draft by the November 4 City Council meeting.
17 Mr. Jacobs noted that White Bear Lake was part of the National Insurance Program and
18 compliance with the ordinance is mandatory to maintain insurance coverage.
19 There was Council consensus that recommendation #7 and #8 were not feasible as the Fire
20 Department did not have enough man hours and the cost factor involved. There was a
21 question of who would be allowed to use the six generators if there were ten generators
22 needed and also a liability issue.
23 In regard to recommendation #9, Mornson reported that the suggested sources of funding are
24 available. There was Council consensus to proceed with the increase in the storm sewer rates
25 of$9.00 per quarter. This will be included on the November 4 City Council agenda for
26 consideration. Mornson noted that Staff has sought to secure outside funding at the Special
27 Session of the Legislature, through the DNR, Metropolitan Council, etc., and both Hennepin
28 and Ramsey Counties as well as federal funds. None of these sources could assist due to the
29 lack of funding and the fact that St. Anthony exceeds income limits. Staff is currently
30 working with the Minnesota Housing Finance Agency and FEMA for flood protection grants.
31 There was Council consensus that recommendations #10 and #11 had been discussed and
32 explained adequately.
City Council Regular Meeting Minutes
October 14, 1997
• Page 15
1 B. Councilmembers - None.
2
3 C. Mayor - None.
4
5 D. Cil. Manager.
6 1. New Public Works Director.
7 Morrison reported that the new Public Works Director is Jay Hartman, who is a 16
8 year employee with the City. He was unable to attend the meeting this evening as he
9 is currently finishing his Business Administrative Degree but will be at the November
10 3 Truth in Taxation meeting. Morrison noted the upcoming retirement party for Larry
11 Hamer and reminded Council of the deadline for the form.
12 2. Meeting - 37th Avenue NE
13 Morrison reported about a meeting last Thursday in regard to safety issues on 37th
14 Avenue NE which was attended by the School District Superintendent, Ramsey County
15 Commissioner and the Wilshire Park Elementary School Principal. Safety concerns
16 have been raised for students crossing 37th Avenue NE. It was agreed that
17 representatives of the six jurisdictions involved, Hennepin and Ramsey Counties, St.
18 Anthony, New Brighton, Roseville, and the School District, will meet and discuss the
19 issue,
00 3. Meeting with Falcon Heights and Lauderdale re: Police Services
21 Morrison reported the meeting went great. The contracts will expire in 1998. Staff
22 will begin working on the new contracts.
23 4. Meeting Dates
24 Mornson noted the November 11 Regular Meeting will be November 4 at 8:00 P.M.
25 due to the local election. The Council's Regular Meeting schedule to the end of the
26 year will be as follows: October 28, November 4, November 25, December 3, and
27 December 17.
28 5. Neighborhood Meetings 1998 Street Projects
29 Morrison reported the neighborhood meetings for the 1998 Street Projects, including
30 the 33rd Avenue NE improvements are scheduled for October 21.
31 6. Liquor Store Update
32 Morrison reported installation of the new roof membrane was started today and will
33 cost $25,000 to $35,000. Most of the windows are in and they are still anticipating
34 opening between November 11 and 15. Part of the purchase of the Tires Plus property
35 included the installation of a tire storage area in an amount not to exceed $6,800. This
36 cost has now been estimated at $9,800. The owner of Tires Plus has agreed to pay the
37 extra $3,000.
•
City Council Regular Meeting Minutes
October 14, 1997
Page 16
1 7. Hennepin County Road Contract
2 Mornson stated the Hennepin County Road Contract which reimburses the City
3 $10,250 for snow and sand removal will be on the October 28 agenda.
4 8. Compton's Cleaning Contract
5 Mornson reported the Compton's Cleaning Contract will be on the October 28 agenda.
6 They are providing an excellent service and are not proposing an increase in rate.
7 9. Clark Station Property Update
8 Mornson reported there is a developer interested in developing townhomes on this site.
9 The project is currently in the site plan review stage and Staff is paying special
10 attention to the drainage issues on the site.
11 10. Kenzie Terrace
12 Mornson reported the City closed on this home two weeks ago. DKH bid $6,000 to
13 demolish the home, compared to Belair Builder's bid of $7,500 and was awarded the
14 job.
15 11. ACTION Request
16 Mornson reported this request will be on the October 28 agenda.
07 Mayor Ranallo read a note that was left by Anthony Kazcor in regard to graffiti on the traffic
18 signal at 33rd.Avenue and the bus stop. He asked that the City adopt a zero tolerance policy
19 to graffiti.
20 VIII. PUBLIC HEARINGS - None.
21 IX. NEW BUSINESS.
22 A. . Resolution 97-046, re: Building Inspector Contract.
23 Motion by Marks, second by Enrooth to approve Resolution 97-046, appointing a Building
24 Official and approving the Agreement for Building Inspection services.
25
26 Motion carried unanimously.
27 B. Resolution 97-047, re: Application for Community Rehabilitation Funds.
28 Motion by Marks, second by Faust to approve Resolution 97-047, authorizing application for
29 Community Rehabilitation Funds from the Minnesota Housing Finance Agency Program.
30 Motion carried unanimously.
3.1 C. Ordinance 1997-0. 10, re: Amending Cable Franchise Ordinance ( 1st Reading ).
32 Mayor Ranallo reported that the Cable Franchise needs to be renewed but at this point that
needs to be stalled due to ownership problems. This Ordinance will allow the Franchise to
*4 continue until January 19, 1998. Hopefully by that time a new owner will be in place and a
35 new Franchise Agreement will be provided.
City Council Regular Meeting Minutes
October 14, 1997
• Page 17
1 Motion by Wagner, second by Marks to approve the 1st reading of Ordinance 1997-010,
2 amending Cable Franchise Ordinance 1982-009, Article 11., Section 4, Franchise Term.
3 Motion carried unanimously.
4 X. UNFINISHED BUSINESS - None.
5 XI. ADJOURNMENT.
6 Motion by Marks, second by Enrooth to adjourn the meeting at 9:40 P.M.
7 Motion carried unanimously.
8 Respectfully submitted,
9 Lorri Kopischke
10 TimeSaver Off Site Secretarial, Inc.
1104�IaAE o 11 U4.150
Q"2 Mayor
13 ATTEST:
14 City Clerk
•