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HomeMy WebLinkAboutCC MINUTES 10281997 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100926 Box: 19 Folder: CC MINUTES AND AGENDAS 1997 Document: CC MINUTES 30281997 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 OCTOBER 28, 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 U. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: City Manager Michael Momson and City Attorney William Soth. 10 Councilmembers Absent: None. 11 M. APPROVAL OF OCTOBER 28, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Wagner to approve the October 28, 1997 Regular Council 13 Meeting Agenda as presented. 14 15 Motion carried unanimously. 16 IV. APPROVAL OF OCTOBER 14, 1997 CITY COUNCIL REGULAR MEETING 17 MINUTES. 18 Motion by Marks, second by Enrooth to approve the October 14, 1997 City Council Regular Meeting Minutes with the following changes: 20 Page 14, Line 3: Replace"Atwood" with "Autumnwood". 21 Page 14, Line 5: Replace "Village Green" with "Village Commons". 22 Motion carried unanimously. 23 V. LICENSES/PERMITS/PETITIONS. 24 A. Licenses and Permits. 25 Motion by Marks, second by Enrooth to approve the following licenses: 26 Heating License: 27 D.A. Distribution dba: Condor Fireplace & Stone Company, Spring Lake Park, MN 28 Care Air Conditioning & Heating Inc., New Brighton, MN 29 Whelan-Davis Company, Inc., Bloomington, MN 30 Silvernail Enterprises, LTD, Robbinsdale, MN 31 Metro Sheet Metal, Inc., Maplewood, MN 32 Motor Vehicle Starting License: 33 Sroga's Automotive Services, Inc., 3201 Stinson Blvd., MN 4 Motion carried unanimously. City Council Regular Meeting Minutes October 28, 1997 • Page 2 1 B. Ron Hansen, re: Signage in the City. 2 Ron Hansen, 3220 Belden Drive, stated he was present this evening as he was a long time 3 advocate of good signage in the City and he believed that there have been a lot of things done 4 lately which are destroying the good image of the City of St. Anthony. He then distributed 5 pictures of signage at various locations in the City. He noted that the City had spent a lot of 6 money to create the new signage code and owes it to the taxpayers to do a better job policing 7 the code. Of the pictures distributed he called attention to signage on New Brighton 8 Boulevard at the entrance to the City, a Rapid Oil Change banner, and a sign at the 9 Stonehouse. 10 Mr. Hansen stated that the issue that prompted him to be present this evening is the dental 11 office of Dr. Osterbauer located at 3525 33rd Avenue. On September 14, 1997, the sign on 12 this building was removed. Mr. Hansen then contacted the Public Works Director and 13 Management Assistant and asked them to please investigate the situation to determine if the 14 proposed signage was in conformance with the new signage ordinance. Mr. Hansen stated 15 that he called the City twelve times between September 14 and October 4, 1997, when the 16 new signage was installed. Mr. Hansen stated that during one call to Management Assistant, 17 he was told that the matter had been discussed with the City Attorney and the City Attorney 18 had stated that the signage was in conformance. Upon the Management Assistant stating that she did not have time to pursue the issue, it was turned over to the City Manager. At this qP0 pont, Mr. Hansen asked if he could be placed on the Council agenda to address the issue. 21 Mr. Hansen noted a letter from City Attorney William Soth dated October 23, 1997. This 22 letter does not address the question of conformance with the new sign ordinance but addresses 23 the issues of expansion of a non-conforming structure as addressed in Section 1660. 24 The request from Dr. Osterbauer included the addition of a 60 square foot lit monument sign 25 rather than the previous 2 by 2 foot sign, and also a wall sign. This request for additional 26 signage clearly required a variance and a public hearing, and is an important issue to the 27 people that live in the area and pay taxes. He noted that the application for this signage was 28 not even in conformance with the code. He also noted that Councilmember Enrooth's 29 campaign signs were not in compliance with the Ordinance. 30 31 Mr. Hansen stated that the new signage is larger than the signage for Apache Medical Center 32 and a nearby church. He noted that the ordinance allows for inspection of signs which are 33 permitted. He asked if the City performs inspections and if so, is there written documentation 34 of the inspection results. 35 Morrison stated the City performs inspections on all projects and provides written 36 documentation on major projects. Mr. Hansen noted that if the footings are loose or if the electrical is incorrectly installed at q'8 3525 33rd Avenue, there is a possibility of injury. He stated he was present this evening to 39 make an appeal of an alleged error in the determination made in enforcement of the ordinance City Council Regular Meeting Minutes October 28, 1997 • Page 3 1 in regard to the new sign at 3525 33rd Avenue. He asked that the wrong done on the sign at 2 that location be corrected. 3 Mr. Hansen then noted that the City Cable Channel 15 frequently contains outdated 4 information. He stated that the Council meetings should be on Cable so that residents could 5 hear what is going on. He asked who was responsible for updating the channel. 6 Mornson stated he was responsible for updating the channel. 7 Mr. Hansen noted that there have been times when the channel has not been updated for over 8 three months. He suggested the City had an opportunity to make residents aware of what is 9 happening in the City and encouraged them to use the Cable Channel. 10 Mr. Hansen stated that he would like a written synapsis of what had happened with the sign at 11 3525 33rd Avenue. He would like to know why a non-conforming sign was allowed to be 12 constructed on this site. He would expect this feedback in a timely manner. 13 City Attorney, William Soth, stated that in his letter of October 23, 1997, he had responded to 14 the issue of whether a sign could be placed on a non-conforming use. He stated he had not 15 been furnished with any information in regard to the size of the signage and whether it conformed to this requirement. 17 There was Council direction to Staff to work with the City Attorney and develop a report of 18 what had occurred in regard to the signage at 3525 33rd Avenue. 19 Wagner commented that there are "temporary" signs placed in the City which remain too 20 long. This is an issue that needs to be policed. 21 Enrooth noted that he had placed his campaign signs based on the information that was 22 provided to him. 23 24 C. Presentation of a Retirement Plaque to Steve Koes, 30 Year Employee with the City. 25 Mayor Ranallo reported that Steve Koes, who has been employed with the City of St. 26 Anthony since 1967, will be retiring at the end of the month. He noted that Mr. Koes had 27 also served as a volunteer fire fighter for the City during that time. He presented Mr. Koes 28 with a Retirement Plaque in appreciation of his outstanding and faithful service to the City of 29 St. Anthony. An Open House will be held in honor of Mr. Koes on Friday, October 31 at 30 2:00 P.M. at City Hall. Mayor Ranallo thanked Mr. Koes for all the service he had done for 31 St. Anthony and noted it had been a pleasure working with Mr. Koes. 32 Mr. Koes thanked the City of St. Anthony. 33 VI. PRESENTATION OF CLAIMS. 5 Motion by Marks, second by Enrooth to approve the following claims: City Council Regular Meeting Minutes October 28, 1997 • Page 4 1 A. General: 2 1. Rieke Carroll Muller Associates, Inc. 3 a. In the amount of $22,352.91 for professional services rendered from 4 August 31 to September 27, 1997 in regard to 33rd Avenue Design. 5 b. In the amount of $2,151.50 for professional services rendered from 6 August 31 to September 27, 1997 in regard to 1997 Street/Watermain 7 Improvements Construction. 8 C. In the amount of$4,936.61 for professional services rendered from 9 August 31 to September 27, 1997 in regard to 1998 Street 10 Improvements Design/Bidding. 11 Motion carried unanimously. 12 13 Motion by Marks, second by Faust to approve the following claims: 14 B. SAV II: 15 1. HTW Investment Partners, Inc. in the amount of$1,908.00 for payment of the 16 storm sewer line constructed on Lot 4 for the benefit of Lot 5 per the 17 Reciprocal Easement Agreement with Freedom Gas Station, Lot 4, Block 1, 18 Silver Lake Road. 2. Lund Martin Construction in the amount of $100,700.00 for Pay Application 0 #3. 21 C. Storm Water: 22 1. WSB & Associates, Inc. in the amount of$2,693.00 for professional services 23 rendered September 1 through September 30, 1997 in regard to the Storm 24 Drainage Task Force. 25 D. 3 pages of Verified Claims as presented by the Finance Director. 26 Motion carried unanimously. 27 VII. REPORTS. 28 A. Planning Commission - October 21, 1997. 29 Planning Commissioner Richard Horst was present to report on the issues addressed at the 30 October 21, 1997, Planning Commission meeting. There were no public hearings at that 31 meeting. The Commission did consider a concept review of the Salvation Army Silver Lake 32 Camp long range plan and a proposed townhome construction at 33rd Avenue and Stinson 33 Boulevard. The townhome project will require a variance which will be presented at the 34 November Planning Commission meeting. 35 Marks asked if a map had been provided which illustrated the location of the buildings for the 36 Silver Lake Camp and if any of the proposed buildings were located near the shoreline. Horst stated that the long range plan included renovation in locations where buildings are 4t currently located. City Council Regular Meeting Minutes October 28, 1997 • Page 5 1 Faust commented that the Silver Lake Camp has had a master plan in place since the mid 2 1980's. All of the buildings located there are in conformance with shoreline requirements. 3 1. Ordinance 1997-011, re: Lot Coverage and Parking for Schools, Churches, 4 Temples and Synagogues. 5 Planning Commissioner Horst reported that the Commission had considered the proposed 6 amendment to the Zoning Ordinance re: Schools, Churches, Temples and Synagogues. After 7 lengthy discussion, the Commission voted unanimously to recommend approval of the 8 amendment to the Ordinance per Ms. Moore-Sykes memo of September 23 and including the 9 minor wording changes discussed. 10 Marks questioned the 35% lot coverage requirement. 11 Horst explained that the 35% lot coverage did not pertain to permitted and permitted 12 conditional uses as listed in Section 1615.05. Those uses will are addressed in Subd. 9 13 Building to Land Ratio. The impervious surfaces, such as the parking area, are not included 14 in the building to lot ratio. 15 Marks clarified that the sidewalks and landscaping which used plastic ground coverings were 16 also not included in the building to land ratio. 97 City Attorney Soth noted he had reviewed proposed Ordinance 1997-011. Subdivisions 9 and 18 10 of Section 1615.05 remain unchanged, but he had revised the other paragraphs of the 19 ordinance considerably in an effort to make them clearer and more specific. 20 Mayor Ranallo noted that this ordinance requires only one reading for approval. 21 Motion by Wagner, second by Marks to approve Ordinance 1997-011, relating to zoning and 22 land use; establishing regulations for non-residential uses in the R-1 District amending 23 Sections 1605.01, Subd. 44; 1615.05; and 1650.05, Subd. 1(f), of the 1993 St. Anthony Code 24 of Ordinances. 25 26 Motion carried unanimously. 27 Mayor Ranallo noted that St. Charles Borromeo Church would still require a conditional use 28 permit. He asked when the Church would be soliciting bids. 29 Gerry DeZelar, architect for St. Charles Borromeo Church, stated the intent is to solicit bids 30 for the addition to the Church and obtain a building permit the first part of November. 31 Mayor Ranallo requested that St. Charles go out for bids pending approval by the City of the 32 conditional use permit. 4R3 Mr. DeZelar agreed to this. City Council Regular Meeting Minutes October 28, 1997 • Page 6 1 B. Councilmembers. 2 Marks reported that negotiations continue for the visit of members of the "Hans" Band from 3 Salo, Finland in the Spring of 1998. Approximately 35 people are expected and the Sister 4 Committee is currently looking for host families. Marks asked that if anyone is interested in 5 being a host family, they contact him or City Hall. 6 Faust reported his attendance at the Storm Water Task Force meeting last Wednesday. The 7 Task Force gave direction to the hydraulic engineer and will meet again on December 2, 8 1997. This will allow the engineer time to gather information in regard to the thirteen areas. 9 Wagner reported his attendance at the Park Task Force meeting on October 20, 1997. The 10 Task Force is requesting that the City Council approve construction of a tot lot immediately 11 behind the community services portion of the City Hall. This will provide a play area for 12 children in the community, meet the requirements by law, and fulfill the promise made by the 13 City. The Task Force would also like to locate a larger, multi-age equipment playground near 14 the water tower. 15 Wagner noted that there are many options being considered for Central Park and the decision 16 process may take quite some time. The space for location of the tot lot is available. The tot 17 lot would affect the size of a major ballfield in Central Park but not a minor ballfield. 08 Motion by Wagner, second by Enrooth to authorize the construction of a 5,000 square foot tot 19 lot near the community services behind the City Hall. 20 Motion carried unanimously. 21 Mayor Ranallo noted that the funds for the tot lot have been set aside in the budget. 22 Enrooth reported his attendance at a neighborhood meeting in regard to the project on 33rd 23 Avenue. At the meeting, the residents questioned if it is the intention of the City to plow the 24 sidewalks on 33rd Avenue to Highcrest. 25 Mayor Ranallo stated that the City currently plows the sidewalk and intends to continue. 26 Faust asked if this was a City policy. 27 There was Council direction for Staff to determine if plowing of the sidewalks is a City 28 policy or just an accepted and understood practice. 29 C. Mayor. 30 Mayor Ranallo reported his attendance at Wilshire Park School to explain government to the 31 children. This was a well attended event. • City Council Regular Meeting Minutes October 28, 1997 • Page 7 1 Mayor Ranallo reported that today he and the Chamber of Commerce met with interested 2 senior high students to teach them how to successfully complete the interview process. This 3 went very well. 4 Mayor Ranallo reported that on election night, November 4, 1997, Cable Channel 15 will start 5 programming at 8:30 P.M. and will cover all the elections in the ten cities that the system 6 covers. There will be a core group in Roseville, Shoreview, New Brighton, and St. Anthony. 7 Mayor Ranallo reported that he has volunteered to chair the group in St. Anthony. The four 8 Councilmember candidates will be interviewed in St. Anthony at 9:50, 10:25; 10:50, and 9 11:10 P.M. The School Board candidates will be interviewed at 9:05 and 9:30 P.M. Mayor 10 Ranallo asked for volunteers for the noted interviews 11 Enrooth volunteered for 11:10 P.M. interview, Brian Theusen the 10:25 P.M. interview, Jerry 12 Faust the 9:50 P.M. interview, and Dennis Cavanaugh was given the 10:50 P.M. interview. 13 D. City Manager. 14 Mornson reminded Councilmembers of the change in meeting dates. The November 11 15 Regular Meeting will be November 4 at 8:00 P.M. The Council's Regular Meeting schedule 16 to the end of the year will be as follows: November 4, November 25, December 3, and 17 December 17. 08 Mornson reported there will be a private showing of the new Liquor Store on November 13 19 which will include the vendors, City Councilmembers, Chamber of Commerce, and the 20 contractors. The Liquor Store will open on November 18. Liquor Operations Manager will 21 be holding a grand opening celebration from November 18 to December 31. 22 Planning Commissioner Horst asked if the Planning Commission would also be invited to the 23 private showing. 24 Mornson stated he would mention this to Liquor Operations Manager. 25 Mornson reported that it had been planned to install the new roof decking on the Liquor Store 26 building over the existing roof decking at a cost of$35,000. It has since been determined 27 that the old decking will need to be removed and the new decking installed. This will be a 28 one day project and will cost $10,000. However, it will require the Tires Plus Store to be 29 closed for one day. Mornson and Liquor Operations Manager will be meeting with the owner 30 of Tires Plus to determine compensation for loss of business for that day. The compensation 31 may be in the form of a rent reduction. 32 Mornson reported the Finance Director has reported that the third quarter liquor sales have 33 resulted in a $45,000 net income. This is a $5,000 increase over last year. Mornson reported that the City is currently involved in negotiations with the three unions and q'5 hopes to have a tentative agreement on the December 17, 1997 agenda. City Council Regular Meeting Minutes October 28, 1997 Page 8 1 Mornson reported he will be meeting with WSB, the City of Plymouth and the City of White 2 Bear Lake to discuss the Sump Pump Ordinance. The aforementioned cities have changed 3 their ordinance and hired an engineering firm or an inspection team to inspect homes for 4 compliance six months after their ordinances were in effect. 5 Mornson reported the Task Force has requested that the change to the Storm Sewer 6 Ordinance, which would increase the quarterly fee from $3.00 to $9.00, be delayed until 7 December 2, 1997. This will allow time for WSB to determine the sewer improvements and 8 estimate the cost. The amount of increase can then be determined. 9 Mayor Ranallo expressed his frustration that the Task Force has been criticizing the City for 10 not taking any action and when the City tries to take action, the Task Force asks them to wait. 11 Faust noted that the Task Force felt it would be more prudent to wait and obtain more expert 12 advice. This suggestion was approved by unanimous vote at the Task Force meeting. 13 Enrooth stated this made sense as it would then be part of the plan rather than just an 14 increase. 15 Mornson reported that Senator Marty's assistant has asked that they be provided information Vin regard to the water issue by December 15, 1997. 17 Mornson reported that an Open House will be held for Public Works Director Larry Hamer 18 on November 20 from 2:00 to 3:30 P.M. at City Hall. 19 VIII. PUBLIC HEARINGS. 20 Anthony Kaczor, 3008-33rd Avenue, suggested that street lights be installed on 33rd Avenue 21 in conjunction with that street project. He noted that the removal of the Parkview Building 22 resulted in the loss of the lights on the front of the building and it has become very dark. 23 Mayor Ranallo noted that the installation of street lights is generally approved by residents on 24 the street. In this case, there are no residents on that side of the street. 25 Wagner noted that the installation of street lights would really be the replacement of the lights 26 on the Parkview building. 27 Mr. Kaczor noted that it has been proposed that the eight foot sidewalks in front of the school 28 on 33rd Avenue be replaced with five foot sidewalks. He asked that the sidewalks be 29 replaced with eight foot sidewalks. 30 Brian Theusen asked if the liquor store profits reported by the City Manager were directly 31 related to a one time reduction in inventory or to an increase in sales. He stated that if the Vprofits were a result of a reduction in inventory, they may be deceptive. City Council Regular Meeting Minutes October 28, 1997 • Page 9 1 Morrison reported that the inventory had been reduced at the end of 1996. The issue now is 2 to maintain a stable inventory. 3 Faust noted that profit is a function of the number of people working at the stores and the 4 scheduling. These are managerial issues and the Liquor Operations Manager is taking a 5 proactive approach. 6 John Kuharski, 2709 Pahl Avenue, reported that at the last Flood Task Force meeting it was 7 suggested that the increase in the sewer rate be postponed. The City Manager noted at that 8 meeting, that the funds would not be collected until the end of the first quarter of 1998 and 9 that this postponement would not affect the date the funds would first be collected. He stated 10 that is why he voted in favor of the postponement. 11 IX. NEW BUSINESS. 12 A. Resolution 97-045, re: Approve Plans and Specifications and Order Advertisement for 13 Bids for 1998 Street Improvements Project. 14 Motion by Marks, second by Enrooth to approve Resolution 97-045, approving plans and 15 specifications and ordering advertisement for bids for the improvement of Edward Street, 16 from 34th Avenue NE to 35th Avenue NE; Harding Street, from 34th Avenue NE to 36th 17 Avenue NE; and Roosevelt Street, from 34th Avenue NE to 35th Avenue NE, by reconstruction of the roadways and utilities. 19 Motion carried unanimously. 20 B. Resolution.97-050, re: Approve Plans and Specifications and Order Advertisement for 21 Bids for the MSA Street Improvement Project on 33rd Avenue NE. 22 Motion by Marks, second by Wagner to approve Resolution 97-050, approving plans and 23 specifications and ordering advertisement for bids for the concrete pavement repair and 24 rehabilitation on 33rd Avenue NE between Silver Lake Road and Highcrest Road. 25 Mayor Ranallo questioned the proposed width of the sidewalk in front of the school. 26 Bob Moberg, Rieke Carroll Muller Associates, stated that the existing sidewalk in front of the 27 school is eight feet in width and is deteriorating and in need of repair. The proposal will 28 replace the sidewalk with a five foot width and the remaining area will be converted to grass 29 or boulevard. 30 Wagner asked if the sidewalk could be eight feet wide all the way to Silver Lake Road. He 31 noted that the section in front of the school is used a lot in both directions. 32 Faust noted that children walking three abreast or playing on the sidewalk would require an 33 eight foot width. He stated that eight foot is reasonable in this area. He noted there are also many children which stand and wait on the sidewalk to be picked up. City Council Regular Meeting Minutes October 28, 1997 • Page 10 1 Mr. Moberg stated that the additional width is possible but may not be funded by State Aid 2 funds. The local government may have to share in the cost of the additional three feet. 3 There was Council direction for Mr. Moberg to check on the funding issue. 4 Mr. Moberg suggested that the Council attach a condition to Resolution 97-050, that it be 5 contingent on the approval of the variance request from Minnesota Rules for State Aid 6 Operations, Chapter 8820. 7 Marks,and Wagner agreed to the proposed amendment to the motion. 8 Motion carried unanimously. 9 C. Resolution 97-051, re: Application to the Minnesota Department of Transportation for 10 a Speed Limit on 33rd Avenue NE. 11 Motion by Enrooth, second by Marks to approve Resolution 97-051, a resolution for a 12 variance request from Minnesota Rules for State Aid Operations, Chapter 8820, for 33rd 13 Avenue NE, from Silver Lake Road to Highcrest Road. 14 Motion carried unanimously. 05 D. Resolution 97-048, re: Cleaning Services Contract with Compton's Commercial 16 Cleaning 17 Motion by Marks, second by Wagner to approve Resolution 97-048, approving a cleaning 18 service contract and authorizing the Mayor and City Manager to execute said contract. 19 20 Motion carried unanimously. 21 E. Resolution 97-049, re: Road Maintenance Services with Hennepin County. 22 Motion by Marks, second by Enrooth to approve Resolution 97-049, authorizing the Mayor 23 and City Manager to execute the agreement between Hennepin County and the City of St. 24 Anthony for road maintenance services. 25 Motion carried unanimously. 26 F. Discussion of City's Participation in Adults & Children Together in Our 27 Neighborhoods (ACTION). 28 Wagner reported that the Council has discussed this issue a number of times. This is the 29 Healthy Community/Healthy Youth organization which has been named locally (ACTION). 30 They are making an effort to increase the level of assets in the youth of the community. It 31 has been proven that increasing the assets of youth makes them less apt to get into trouble 32 with the law. ACTION is working with the Search Institute in providing information to the public and developing programs to reach the youth. ACTION is currently operating from the 4t funds provided initially by Nativity Lutheran Church and is in need of additional funds. City Council Regular Meeting Minutes October 28, 1997 • Page 11 1 Motion by Wagner, second by Marks to authorize the City of St. Anthony to contribute 2 $2,500 to ACTION. 3 Marks commented that this is a very positive program which helps youth develop and 4 effectively face the troubles in their lives. 5 Motion carried unanimously. 6 X. UNFINISHED BUSINESS. 7 A. Ordinance 1997-010, re: Amending Cable Franchise Ordinance ( 2nd Reading�� 8 Motion by Marks, second by Enrooth to-approve the 2nd reading of Ordinance 1997=010; 9 amending Cable Franchise Ordinance 1982-009, Article 11., Section 4, Franchise Term. 10 Motion carried unanimously. 11 XI. ADJOURNMENT. 12 Motion by Marks, second by Enrooth to adjourn the meeting at 8:24 P.M. 13 Motion carried unanimously. 04 Respectfully submitted, 15 Lorri Kopischke 16 TimeSaver Off Site Secretarial, Inc. 17 18 Mayor 19 ATTEST: &44� 20 City Clerk •