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HomeMy WebLinkAboutCC MINUTES 01131998 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII _ iooaoi Box: 19 Folder: CC MINUTES AND AGENDAS 1998 Document: CC MINUTES 01131998 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 JANUARY 13, 1998 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. following the Truth in Taxation Meeting. 6 II. ROLL CALL. 7 Councilmembers Present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen. 8 Also Present: City Manager Mike Mornson, Police Chief Richard Engstrom and City Attorney 9 William Soth. 10 Councilmembers Absent: None. 11 PRESENTATION OF APPRECIATION PLAQUE TO ROSEMARY FRANZESE. 12 Mayor Ranallo presented a plaque of appreciation to Rosemary Franzese for outstanding 13 community service on the Planning Commission from 1983 to 1997. 14 Ms. Franzese thanked the Council and stated she had enjoyed serving the City as a volunteer. 15 She stated she hoped that the City was a better functioning place as a result of her 16 involvement. 17 III. APPROVAL OF JANUARY 13, 1998 REGULAR COUNCIL MEETING AGENDA. Motion by Marks, second by Faust to approve the January 13, 1998 Regular Council Meeting Agenda with the following changes: 20 Under III. Add A. Introduction of New Police Officer and New Reserve Officer. 21 Under IX. H. Add Resolution 98-019, re: Approval of the Application for Premises 22 Permit Renewal Relating to Charitable Gambling at the Stonehouse. 23 Motion carried unanimously. 24 A. Introduction of New Police Officer and New Reserve Officer. 25 Police Chief Engstrom introduced Brett Kernel, who joined the St. Anthony Police 26 Department in November 1997. Officer Kernel has served as a valuable asset to the Police 27 Reserves since January of 1995 and continues to be a valuable asset to the Police Department. 28 Police Chief Engstrom introduced Lincoln McFlor, who joined the St. Anthony Police 29 Reserves in November of 1997. Karen Moyer and Tressa Sunny also joined the Police 30 Reserves but were unable to attend the Council Meeting this evening as they were attending 31 school. 32 Mayor Ranallo welcomed the officers to the City of St. Anthony and asked them to be careful 33 while on duty. 34 �5 IV. APPROVAL OF DECEMBER 17, 1997 REGULAR COUNCIL MEETING MINUTES. Motion by Faust, second by Marks to approve the December 17, 1997 Regular Council 37 Meeting Minutes as presented. r City Council Regular Meeting Minutes January 13, 1998 • Page 2 1 Motion carried unanimously. 2 APPROVAL OF DECEMBER 17, 1997 CONTINUATION OF TRUTH IN TAXATION 3 ADOPTION MEETING MINUTES. 4 Motion by Faust, second by Marks to approve the December 17, 1997 Continuation of Truth 5 in Taxation Adoption Meeting Minutes as presented. 6 Motion carried unanimously. 7 V. LICENSES/PERMITS/PETITIONS. 8 Motion by Marks, second by Cavanaugh to approve the following license: 9 Contractors License: 10 Crosstown Sign, Inc., Minneapolis, MN/sign at Rapid Oil 11 Motion carried unanimously. 12 VI. PRESENTATION OF CLAIMS. 13 Motion by Marks, second by Thuesen to approve the following claims: 4; A. Storm Water/Water Resource Plan: 16 1. WSB & Associates, Inc. 17 a. In the amount of $9,395.65 for professional services rendered from 18 November 1, 1997 through November 30, 1997 for Flood Problem Area 19 Analysis. 20 b. In the amount of$1,097.50 for professional services rendered from 21 November 1 through November 30, 1997 for Water Resource 22 Management Plan. 23 C. In the amount of $1,382.00 for professional services rendered from 24 November 1 through November 30, 1997 for Storm Drainage Task 25 Force. 26 B. New SAV 2: 27 1. KKE Architects, Inc. in the amount of$1,233.31 for period ending November 28 28, 1997., 29 C. Road Improvements: 30 1. Firstar Corporate Trust Services 31 a. In the amount of $39,461.25 for St. Anthony MN 93A GO 32 Improvement Bond dated August 1, 1993 for 1993 Road Project. 33 b. In the amount of$43,372.50 for St. Anthony MN 1994B Go 34 Improvement Bond dated June 1, 1994 for 1994 Road Project. 35 C. In the amount of$62,657.50 for St. Anthony MN GO Improvement �6 Bond dated March 1, 1995 for 1995 Road Project. �j d. In the amount of $27,832.28 for St. Anthony MN General Obligation 38 Improvement Bond, Series 1997A for 1997 Road Project. City Council Regular Meeting Minutes • January 13, 1998 Page 3 1 2. Braun Intertec in the amount of $1,950.00 for professional services rendered 2 through November 28, 1997 for 1998 Street/Watermain Improvements. 3 D. Administrative/General:. 4 1. St. Anthony Housing and Redevelopment Authority in the amount of $9,281.58 5 for reimbursement of payment of property taxes. 6 2. Stuart J. Bonniwell in the amount of $1,850.00 for professional services 7 rendered for Liquor Fund portion of audit and preparation of the financial 8 report of the City of St. Anthony for the year ended December 31, 1996. 9 E. Legal: 10 1. Hessian, McKasy & Soderberg in the amount of$4,078.49 for Schnitzer Iron 11 and Metal.MERLA Site Group Assessment for St. Anthony Village. 12 2. Dorsey & Whitney in the amount of $2,820.54 for legal services rendered 13 through November 30, 1997. 14 F. 5 pages of Verified Claims as presented by the Finance Director. 15 Motion carried unanimously. 16 VII. REPORTS. 17 A. Planning Commission - December 16, 1997. 8 1. Mendota Homes; for 3261 Old Highway 8; Rezoning Request. Planning Commissioner Chris Makowske was present to report on the issues addressed at the 20 December 16, 1997, Planning Commission Meeting. 21 Commissioner Makowske reported that Mendota Homes is requesting a rezoning of the 22 property located at 3261 Old Highway 8 to an R-4 zoning designation from a Light Industrial 23 zoning designation for purposes of constructing a senior home in that area. The property is 24 currently a parking lot and will continue to be used as a parking lot with a reduction in the 25 amount of impervious surface and an increase in landscaping. The adjacent property is zoned 26 residential and this rezoning would make the two properties consistent. 27 Commissioner Makowske reported the Planning Commission discussed this request briefly and 28 all were impressed by the project. The Planning Commission voted unanimously to 29 recommend approval of the rezoning request. 30 Cavanaugh stated this looked like a good project and asked the developer if this proposal was 31 in connection with the project on 33`d Avenue and Highway 88. 32 John Mathern, Mendota Homes, provided a brief summary of the project. It will include a 33 30-unit condominium in the City of Roseville and a 30-unit senior rental building on the 34 parcel located in the Cities of St. Anthony and Roseville. The parcel located in St. Anthony 35 will be used for parking. The parking has been reduced from 45 parking spaces and two 6 entrances, to 30 parking spaces with one entrance off Old Highway 8. An informational meeting had been held with the residents in the vicinity of the project. Most of the attendees 38 were residents of the Executive Condominium Building. The discussion at that meeting was 39 in regard to the location of the building, the removal of a chain-link fence, and the City Council Regular Meeting Minutes • January 13, 1998 Page 4 1 intertwining of the landscaping between the project and the Executive Condominium property. 2 The results of the meeting were positive. 3 Mayor Ranallo questioned the price range of the units. 4 Mr. Mathern stated the rental units would be $900 to $1,200 and the condominiums $90,000 5 to $125,000. 6 Motion by Marks, second by Faust to approve the rezoning of 3261 Old 'Highway 8, Lot 1, 7 Block 1, Medtronics First Addition, City of St. Anthony, Hennepin County, State of 8 Minnesota, from a Light Industrial zoning 'designation to an R-4 zoning designation. 9 Motion carried unanimously. 10 2. Jim Sarna, Stop `N' Go; 2400 - 37th Avenue NE; Requests for Two Sign Variances. 11 Commissioner Makowske reported that Mr. Sarna is requesting two variances for signage. 12 One variance is to allow installation of two monuments signs on the property. Currently, the 13 code only allows one monument sign. Mr. Sarna would like to remove the pylon sign on the 14 property and replace it with a monument sign. The second variance request is in regard to the size of the sign. At the Planning Commission meeting Mr. Sarna had requested a 7 foot by 46 10 foot double-sided monument sign and a 6 foot by 8 foot double-sided monument sign. 17 Commissioner Makowske noted that Mr. Sarna has now changed his request to include a 7 18 foot by 10 foot double-sided monument sign and a 4 foot by 8 foot double-sided monument 19 sign. 20 Mayor Ranallo asked if the change in the proposal would require a public hearing before the 21 Planning Commission due to the opposition expressed by residents via a petition received by 22 the City. 23 Commissioner Makowske stated he would continue to provide the original report and then 24 have Mr. Sarna present the changes in the request. He reported that Mr. Sarna does intend to 25 add landscaping and shrubbery to both monuments signs. The proposal would be an 26 improvement and in the past the Planning Commission has been in favor of removing pylon 27 signs. However, in this situation, the Planning Commission was unable to determine a 28 hardship to grant the two requested variances. 29 Commissioner Makowske noted that a few years ago the City made a change to the Sign 30 Ordinance to allow monument signs to contain a maximum of 68 square feet. The Planning 31 Commission has tried diligently to adhere to this ordinance except in the case of a 32 comprehensive sign package. 0 Jim Sarna, Stop `N' Go, 2400 - 37th Avenue NE, stated he would like to remove the pylon 34 sign and place a ground sign on 37th Avenue and another on Stinson Boulevard. City Council Regular Meeting Minutes January 13, 1998 Page 5 1 Commissioner Makowske noted that although the size of the second sign had been reduced to 2 comply with City Code, the first proposed ground sign would be 7 foot by .10 foot and would 3 require a variance. 4 City Attorney Soth noted that this request would not have to be considered again by the 5 Planning Commission as the variance requests were not being increased. 6 Mayor Ranallo noted that there is residential opposition to the proposal. 7 Mr. Sarna stated the residents who signed the petition were not aware of the details of the 8 proposal. He noted that there was no residential opposition expressed at the Planning 9` Commission Meeting. 10 Commissioner Makowske explained that Management Assistant Moore-Sykes had spoken with 11 the resident who circulated the petition. The resident had been under the impression that the 12 requested signage would be in addition to the existing signage rather than in place of it. The 13 Planning Commission was unable to discern if there was residential opposition to the project 14 as there were no residents in attendance at the Planning Commission Meeting. 15 Commissioner Makowske reported that Mr. Sarna claims the hardship is that the stop lights, telephone poles and wires obstruct the view of the pylon sign. The Planning Commission 7 viewed this as a inconvenience but not a hardship. 18 Mayor Ranallo noted the intersection of 37`h Avenue and Stinson Boulevard is known to be an 19 area of many accidents. He suggested the large monument sign would add more visual 20 obstruction to a problem area. 21 Marks noted that per State Statutes the hardship could not be related to the difficulties of a 22 business owner. A hardship must be due to the shape of the lot or the topography. This 23 property is a standard lot without unique circumstances. 24 Mr. Sarna stated that from a business standpoint the hardship is the clutter on the corner. 25 Cavanaugh questioned the height of the pylon sign and the large ground sign. 26 Mr. Sarna stated that the pylon sign is 8 feet high and the ground sign is 8 feet high including 27 the base. 28 Cavanaugh asked if the sight lines had been determined. He suggested that the pylon was 29 above the ground and provided the ability to "look through" the sign. A ground sign would 30 result in a 4 "wall". 32 Faust stated that the issue is not the aesthetics or the sight line but rather if the request meets 33 the requirements for granting a variance. f City Council Regular Meeting Minutes January 13, 1998 • Page 6 1 Mr. Sarna stated he believed that the sign would look much nicer on the ground. 2 Mr. Sarna's son stated that the sign they are requesting is within code when located on the 3 pylon. They thought the sign would look more uniform if it were located on the ground. 4 Thuesen asked if it would be possible to configure one ground sign to be located on 37' 5 Avenue and Stinson Boulevard. 6 Mr. Sarna's son stated this would require a very large sign. Mr. Sarna noted the pylon sign is 7 actually ten feet smaller than the maximum allowed. 8 City Attorney Soth noted that the Council was focusing on the correct issue. In order to grant 9 the variance the Council needs to be able to distinguish this lot from any other commercial lot 10 in the City. 11 Mr. Sarna's son stated that most gas stations on a corner lot do not have the abundance of 12 telephone poles and lines obstructing the view of their sign. If the customer cannot see the 13 price on the sign, they are liable to keep driving to the next gas station. The ground signs 14 would be more uniform and look nicer. 0 Marks explained that although he understood the rationale from a business standpoint, there 16 was no suggestion of a legal hardship. 17 Mr. Sama's son agreed that there was no legal hardship. 18 Motion by Faust, second by Marks to deny the variance request to be allowed to install two 19 monument signs and the variance request in regard to the size of the monument signs for Jim 20 Sarna, Stop `N' Go, 2400 37`'' Avenue NE based on the inability to establish a hardship. 21 Motion carried unanimously. 22 Mayor Ranallo encouraged Mr. Sarna to continue to work with City Staff to find a solution 23 that is within City Codes. 24 25 B. Peter Willenbring-, WSB & Associates, Inc. To Discuss the Recommendations of the 26 Storm Water Task Force. 27 Peter Willenbring, WSB & Associates, Inc. stated he was present this evening to present the 28 Storm Drainage Task Force recommended step-by-step approach to solve the City's flooding. 29 problems. The approach has been developed based on technical information in the report 30 provided to the City by WSB which identified the problems in the City and in the WSB 31 memorandum of December 12, 1997. This memorandum was updated on January 8, 1998 to 2 reflect the suggestions for revision by the Task Force. This approach is divided into six tasks. 33 Task I is to increase the residential Storm Water Utility Fee to $13 per quarter and the 34 commercial rate by 2.5 times the existing rate. $13 per quarter would be one of the highest City Council Regular Meeting Minutes January 13, 1998 Page 7 1 storm water utility fees charged in the metropolitan area based on a survey of thirty 2 communities performed by WSB approximately one year ago. This increase would generate 3 approximately $165,000 annually and would not be adequate to fund all improvements. ' 4 Outside funding sources are necessary. It is the opinion of the Task Force that the fee may 5 need to be increased in the future if no outside funding is secured. There is intent to obtain 6 outside funding. The increase in the fee will demonstrate that the community is doing all 7 they can to fund the solution but is unable to do so on their own. 8 Mayor Ranallo questioned if the fee would be the same for smaller lots with inexpensive 9 homes and larger lots with more expensive homes. 10 Mr. Willenbring stated the fee would be the same. He acknowledged the inequity but also 11 noted that the same inequity exists with the current $3 per quarter fee. He stated that 12 generally utility fees have no differential based on the ability to pay or the market value of 13 the property. 14 Faust noted that the amount of run-off from the smaller lot could be higher than that of the 15 larger lot and provide a case for the smaller lot to pay a higher fee. 16__---Mr—Willenbring agreed that it could be looked at either way. He noted it is possible to calculate the impervious surface on each lot and adjust the fee in that manner but that it is 8 difficult and not always accurate. 19 Marks asked if Mr. Willenbring was aware of any cities that adjusted the fee based on the 20 percentage of impervious surface. 21 Mr. Willenbring stated that most utility fees attempt to address this issue through the land use, 22 ex., single-family lot versus multiple-family lot. 23 Cavanaugh noted that this issue was discussed when the original fee was established. It was 24 determined then that a flat fee was the practical was to address the issue and the best for the 25 community. 26 Mr. Willenbring noted that the Task Force is recommending that the increase in the utility fee 27 be implemented in 1998. 28 Mr. Willenbring stated that Task II is to establish a Flood Proofing Grant Program. This 29 program would make $50,000 to $100,000 of City funds available annually over the next 5 30 years. Grant applications would be submitted by property owners who experienced damage as 31 a result of the July 1997 storm event. The grants would be used to provide flood proofing 32 improvements to the homes. The homeowner would pay 35% of the cost of improvements and the City would pay 65%. This percentage is based on the current percentage of payment for street improvement projects (the homeowner pays 35% and the City pays 65%). Also, if 35 the homeowner contributes to the cost of the improvements it will encourage them to keep the 36 cost of the improvements low. The Task Force has suggested that the grant application be City Council Regular Meeting Minutes • January 13, 1998 Page 8 1 made available to the homeowners in the Spring of 1998 to be submitted for approval and 2 prioritization. Prioritization will be determined by damage received in the 1997 storm, 3 frequency of flood occurrence, cost/benefit ratio of project, and lower cost projects receive 4 higher consideration. Eligible projects will include work completed since July 1, 1997, 5 provided the City issued a building permit; physical improvements constructed outside or 6 adjacent to the home; lot regrading; and sealing walkout and lookout openings. Non-eligible 7 projects include sump pump, drain tile, and basement water proofing projects. This program 8 would be available for approximately 5 years and would require approximately $470,000. 9 Without the grant program, structural solution costs increase significantly. Mr. Willenbring 10 stated that flood proofing is an integral part of the WSB recommendations and without it the 11 City will need to increase the size of the pipes and the retention ponds to resolve the problem. 12 Thuesen asked how WSB had determined the necessity of funds of$50,000 to $100,00 per 13 year. 14 15 Mr. Willenbring stated the Task Force is projecting that these improvements be completed by 16 the year 2005 at a total cost of$470,000. $50,000 to $100,000 per year will be necessary to 17 accomplish this. 168Mayor Ranallo asked if these funds would be paid by the Storm Water Utility Fund. 19 Morrison noted that the next step is for Staff and WSB to develop a criteria, the application 20 and the funding tool. This will be presented to the Council within the next 60 days. 21 Mr. Willenbring stated that Task III is the purchase of homes selected for removal. These 22 homes will be purchased to allow ponding to be constructed in the area where they are 23 currently located. The Task Force and WSB are concerned that the purchase be implemented 24 as soon as possible so that the homeowners are not "in limbo'. 25 Mayor Ranallo asked if the construction of the holding ponds would be affected if one or 26 more of the homeowners were unwilling to sell their home. 27 Mr. Willenbring stated this would have to be determined on a case to case basis. 28 Cavanaugh stated he has received a number of inquiries as to the next step after the purchase 29 of the homes. He recommended that people be informed of the intentions for the properties 30 concurrent with the purchase of the homes. 31 Thuesen stated he agreed. Residents are voicing concerns as to what the property will look 32 like after the removal of the homes. They are expressing aesthetic concerns as well as safety 33 concerns. 0 Mr. Willenbring stated he has prepared some graphics and there are a number of options 35 available. City Council Regular Meeting Minutes January 13, 1998 Page 9 1 James Higgins, 2712 St. Anthony Boulevard, questioned the meaning of"and facilities would 2 be constructed in locations specified" in the WSB memorandum. 3 Mr. Willenbring explained there will be a depression of 10 to 15 feet in the area where the 4 home was previously located. In some situations a lift station may be installed to pump out 5 the water. The issue of how the properties will be used and maintained has not yet been 6 determined. He reported the Parks Task Force met yesterday and had some suggestions as 7 how to landscape the properties including the possibility of playgrounds and soccer fields. 8 Mr. Willenbring noted there will be a public meeting with all homeowners to discuss the 9 issues. 10 Mr. Higgins questioned the slope of the walls of the depressions and asked if fencing would 11 be installed. 12 Mr. Willenbring stated there are different options available. 13 Thuesen questioned the plans for Pahl Street. 6 Todd Hubmer, WSB & Associates, Inc., explained the path of the water through the neighborhood. He stated that the proposed plan includes ponding in the areas at 2716 St. 16 Anthony Boulevard and 2709 Pahl Avenue. Pahl Avenue would remain a street as it 17 currently is now and a cross culvert will be installed to equalize the ponding on the south side 18 of Pahl Avenue with 2716 St. Anthony Boulevard and 2709 Pahl Avenue. The alley between 19 Pahl Avenue and Wilson Street is an issue which will have to be resolved in the design phase. 20 Mr. Willenbring stated that Task IV is to secure grants. This will include actively and 21 aggressively pursuing funding over the next four-year period. These outside sources will 22 include the State of Minnesota, Hennepin and Ramsey Counties, the Federal Government, 23 MNDOT, County Highway Departments, Adjacent Cities, Soil and Water Conservation 24 Districts, FEMA, Metropolitan Council and the Watershed Districts. 25 Mayor Ranallo stated letters have been sent to all these agencies. All have responded and will 26 be attending a meeting on Thursday at 2:00 P.M. 27 Cavanaugh invited any interested residents to attend the meeting on Thursday. 28 Mr. Willenbring stated that Task V is to construct storm drainage improvements. 29 Construction would begin in 1998 and total improvements would cost $5.7 million. 30 Mr. Willenbring stated Task VI is to revise the Storm Water Utility Fee as necessary between now and the year 2005. The fees would be increased or decreased based on outside funding received. City Council Regular Meeting Minutes • January 13, 1998 Page 10 1 Mornson reported the Storm Water Task Force has basically agreed to adjourn, unless the 2 Council needs them to meet, until May 6, 1998. At that time they will reconvene to make an 3 evaluation. 4 Mr. Willenbring reported that the Task Force had also considered the installation of sanitary 5 sewer check valves as part of the grant program. They have determined that this is a sanitary 6 sewer issue rather than a storm sewer issue. When the study of the sanitary sewer system is 7 completed the check valve issue will be addressed as part of that study. 8 9 C. Councilmembers. 10 Thuesen reported his intent to attend a Land Use Planning Workshop on January 24, 1998. 11 He reported his attendance at a Community Service Advisory Committee Meeting. He 12 reported the budget looks good due to an increase in the extended day fall enrollment and an 13 increase in enrollment in other fall activities. 14 Thuesen reported his attendance at a recent Parks Task Force meeting. The Task Force is still. 15 working on a financial strategy. They have tentatively planned to review the program and 16 possible recommendations with the Council at the March 9, 1998, City Council Meeting. 17 Thuesen reported Mr. Willenbring has kept the Parks Task Force informed as to how the 8 storm water recommendations will affect their planning. 19 Faust reported his attendance at the January 7, 1998 Storm Water Task Force Meeting. 20 Cavanaugh reported his attendance at the recent Storm Water Task Force Meeting. He also 21 reported his attendance at a seminar on comprehensive planning at the University of 22 Minnesota. He stated this seminar has given him a deeper feeling for what comprehensive 23 planning is about and attempting to accomplish. 24 Cavanaugh reported his attendance at an ACTION retreat. He noted that organization would 25 like to make a presentation to the Council and asked when this would be possible. 26 Mornson stated this could be scheduled for the February Council work session. 27 Marks reported his attendance at the recent Parks Task Force Meeting. He stated there is an 28 atmosphere and attitude of people working together. He suggested that upon procurement of 29 the homes on the south end some of the land could be used for park space. 30 Marks reported that the Sister City Committee continues preparation for the visit of the 31 Finnish group in April. He asked anyone interested in hosting one or more people in their 32 homes or in providing noon meals or transportation, to please contact him or leave their name 33 at City Hall. 4 D. Maw 36 Mayor Ranallo reported his attendance at a recent Cable Commission Meeting. He noted the 37 issues surrounding U.S. West's purchase of Meredith Cable are still being resolved. Ranallo City Council Regular Meeting Minutes • January 13, 1998 Page I1 I stated he had mentioned that the Council will be passing a resolution to cable televise the 2 Council meetings and the Cable Commission is extremely pleased and willing to help. 3 E. Ci y Manager. 4 Mornson reported the City has been reimbursed $22,000 by FEMA for damages incurred to a 5 police car and lift station in an amount in excess of$30,000 during the July 1997 storm 6 event. Mornson reported that Staff attempted to obtain reimbursement of the balance through 7 Hennepin County CDBG funds but was denied. Some of the monies used to fund these costs 8 were from the Storm Sewer fund and one-half of those monies were reimbursed back to that. 9 fund. 10 Mornson reported the computer upgrade proposals are due this week. They will be discussed I1 at the February Council work session. 12 Mornson reported the contract with Bob Koss of BRW Inc. for work with the Parks Task 13 Force terminates in January. Mornson has asked Mr. Koss to prepare a quote for contract 14 from now until June of 1998. 15 Cavanaugh asked how long the Parks Task Force had been involved in the process and if it 466 was practice to have a Task Force report on an interim basis to the Council. 17 Marks stated that the idea behind a Task Force is that they are charged with certain things and 18 given a certain amount of time to accomplish them. The Parks Task Force was provided with 19 a mission and a set of goals. 20 Faust noted that there are two Councilmembers on each Task Force who serve as liaison to 21 relay information back and forth without undue influence. He noted the Parks Task Force has 22 had two difficulties, one the water situation and the other trying to overcome 30 years of 23 neglect. 24 VIII. PUBLIC HEARINGS - None. 25 IX. NEW BUSINESS. 26 A. Resolution 98-018, re: Purchase of Homes Relating to Storm Water Mana eg_ment. 27 Mornson explained that this resolution will basically get the process started. This will have to 28 be a willing seller/willing buyer arrangement and if it is not, it will not be eligible for FEMA 29 Funds, if the City is granted funding. The City will not know if they have been awarded 30 FEMA funding until March or April. Within one week, a letter will be sent to each of the 31 five property owners of the homes located at 2713 St. Anthony Boulevard, 2716 St. Anthony 32 Boulevard, 2700 Pahl Avenue, 2704 Pahl Avenue and 2709 Pahl Avenue. It will state that if 33 they are interested in selling their property to the City a brief written response is needed, which can be typed or handwritten. Their response must include the following: That they are 16 interested in selling the property at that address to the City at this time; That relocation 36 benefits are not applicable to this transaction as it is voluntary in nature; That the property is 37 currently not under any written or unwritten lease or rental agreement; That the City is City Council Regular Meeting Minutes • January 13, 1998 Page 12 1 following the recommendations of the Storm Water Task Force and will offer the owner the 2 purchase price in the amount that the Hennepin County Assessor valued the home at prior to 3 the July 1, 1997 storm event. 4 City Attorney noted that in some cases there has been suggestions that the property owners 5 are making claims against the City for storm water damages. The City should have a 6 provision in each of the agreements that any seller of the property releases all claims against 7 the City and waives all claims against the City. The agreement should also make clear that 8 this is a contingent agreement depending upon receipt of funding. There is no obligation by 9 the City to proceed in acquiring the property. The City could decide at any time not to 10 proceed. A reasonable contingency time should then be established during which the City 11 will obtain the funding. 12 Motion by Marks, second by Faust to approve Resolution 98-018, authorizing the purchase of 13 the five homes relating to storm water management. 14 Motion carried unanimously. 15 B. Ordinance 1998-001, re: Storm Water Facility Rates ( l' Reading ). 16 Motion by Marks, second by Cavanaugh to approve the I" reading of Ordinance 1998-001, •j relating to storm water facility rates, amending Section 625.01 of the 1993 St. Anthony Code 18 of Ordinances. 19 Mayor Ranallo stated he would not vote in favor of this Ordinance on the basis that he did 20 not believe it was fair. He did not believe that owners of small lots should pay the same as 21 owners of large lots. 22 Allen Otte, 3508 Skycroft Drive, asked if the City or the School Board was required to pay 23 the Storm Water Utility Fee. 24 Mornson stated that the City does not pay the fee but the School Board does. 25 Mr. Otte stated he lives on the northern edge of one of the 13 areas in the flood study. He is 26 in favor of the single fee per household basis. He felt it was a fair deal. 27 Voting on the motion: Cavanaugh, Faust, Marks, Thuesen voted aye. Ranallo voted naye. 28 Motion carried. 29 C. Ordinance 1998-002, re: Sump Pumps ( I" Reading_2 30 Motion by Marks, second by Thuesen to approve the 15i reading of Ordinance 1998-002, prohibiting discharges into the Sanitary Sewer System; amending Chapter 13, Section 1335.15, Subd. 8, of the 1993 St. Anthony Code of Ordinances. City Council Regular Meeting Minutes • January 13, 1998 Page 13 1 Faust questioned item (g)., "for which a building permit is issued after January 1, 1998". He 2 suggested that new construction should be "after third reading" and existing homes should be 3 "after January 1, 1998". 4 City Attorney Soth stated that in the last sentence of item (h) "penalty" should be removed 5 and replaced with "surcharge". This would keep the verbiage consistent and would avoid the 6 use of the word penalty. 7 Cavanaugh noted that the title of the Ordinance is "Sump Pumps". He asked if other 8 prohibited discharge is looked for during the inspection. 9 Mayor Ranallo asked if illegal drainage to the sanitary sewer via drain tile could be detected 10 during an inspection. 11 Mr. Willenbring stated the inspector would only be inspecting the sump pump. It would not 12 be possible for the inspector to identify all illegal drainage. 13 Motion carried unanimously. 4 D. Ordinance 1998-003, re: Cable Franchise Term ( waive 151 and 2"d readings and adopt). Mayor Ranallo explained that the City of St. Anthony always holds three readings on an 16 Ordinance change to allow the public a chance to speak to the issue. The 15t and 2"d reading 17 on this Ordinance however, are being waived. This Ordinance will extend to Meredith Cable 18 the privilege to provide cable until April 20, 1998. Hopefully at that time the situation with 19 U.S. West will be resolved. 20 Motion by Marks, second by Faust to waive the 15t and 2"d readings and adopt Ordinance 21 1998-003, amending Cable Franchise Ordinance 1982-009, Article II, Section 4, Franchise 22 Term. 23 Motion carried unanimously. 24 E. Resolution 98-013, re: Call Hearing for 1998 Street and Utility Improvements. 25 Motion by Marks, second by Cavanaugh to approve Resolution 98-013, calling a hearing on 26 1998 Street and Utility Improvements on February 10, 1998 in Council Chambers of City 27 Hall at 7:00 P.M. 28 29 Motion carried unanimously. 30 F. Resolution 98-014, re: Declare Assessed Cost and Order Preparation of Proposed 31 Assessment for 1998 Street and Utility Improvements. Motion by Marks, second by Cavanaugh to approve Resolution 98-014, declaring cost to be assessed and ordering preparation of proposed assessment. 34 Motion carried unanimously. City Council Regular Meeting Minutes • January 13, 1998 Page 14 1 G. Resolution 98-015, re: Call Hearing for Proposed Assessment in 1998 Street and 2 Utility Improvements. 3 Motion by Marks, second by Thuesen to approve Resolution 98-015, calling a hearing on 4 proposed assessment for 1998 Street and Utility Improvements on February 10, 1998, in the 5 City Council Chambers at 7:00 P.M. 6 Motion carried unanimously. 7 Morrison introduced Bob Moberg, RCM, who will be at the public hearing to address any 87 questions the public may have. 9 Mayor Ranallo commended Mr. Moberg on an excellent job. He noted the importance of 10 communication during construction. 11 Mr. Moberg reported the variance requests for 33`d Avenue have been granted and the MSA 12 Funding will be allowed. The bids will be open for the project in February. 13 H. Resolution 98-016, re: Lease Agreement for Charitable Gamblinp— fu Mike Peterson, President of the Sports Boosters, distributed a list of charitable nds 164 distributed by the Sports Boosters in 1997 in the amount of$107,000. He then introduced 16 John Fabian, Vice President in charge of Administration and Bonnie Brever who will be the 17 new President of the Sports Boosters as of January 14, 1998. 18 Motion by Faust, seconded by Ranallo to approve Resolution 98-016, approving the lease 19 agreement for pull-tab activity relating to charitable gambling at the Stonehouse. 20 Motion carried unanimously. 21 Resolution 98-019, Application for Premise Permit Renewal relating to Charitable 22 Gamblinia at the Stonehouse. 23 Motion by Faust, second by Cavanaugh to approve Resolution 98-019, approving the 24 application for premises permit renewal relating to charitable gambling at the Stonehouse. 25 Motion carried unanimously. 26 Mayor Ranallo thanked the Sports Boosters for their contributions to the community. 27 I. Resolution 98-017, re: Video Taping of Council Meetings. 28 Motion by Marks, second by Faust to approve Resolution 98-017, relating to the video taping 29 of City Council Meetings. aCavanaugh suggested the Resolution should be amended to state "enable the City Council to 31 broadcast live". City Council Regular Meeting Minutes • January 13, 1998 Page 15 1 Mayor Ranallo stated that someone needed to be hired to run the equipment. Hopefully, that 2 position will be filled by February. The two meetings in February will then be video-taped. 3 The Council will screen those videos and receive input. The intent is to broadcast live at the 4 first Council meeting in March. 5 Cavanaugh suggested that the Resolution should then read "to commence live broadcast of 6 Council Meetings on March 1, 1998". 7 Marks amended his motion to include "be broadcast live on cable television by the March 10, 8 1998 Council Meeting". Faust agreed to the amendment. 9 Motion carried unanimously. 10 J. Set Date for Local Board of Review. 11 Motion by Marks, second by Thuesen to set the Local Board of Review for April 7, 1998 at 12 6:30 P.M. in Council Chambers at City Hall. 13 Motion carried unanimously. K. Resolutions 98-001 - 98-012 ("Housekeeping Resolutions"Z 64 1. Resolution 98-001, re: Designate Mayor Pro Tem 16 Motion by Faust, second by Thuesen to approve Resolution 98-001, designating George 17 Marks as Mayor Pro Tem for the calendar year 1998. 18 Voting on the motion: Ranallo, Cavanaugh, Faust and Thuesen voted aye. Marks abstained. 19 Motion carried unanimously. 20 2. Resolution 98-002, re: Authorization to Make Banking Transactions, 21 Motion by Cavanaugh, second by Marks to approve Resolution 98-002, specifying persons 22 authorized to make certain transactions regarding City financial accounts. 23 Motion carried unanimously. 24 3. Resolution 98-003, re: Designate Local Newspaper. 25 Motion by Marks, second by Thuesen to approve Resolution 98-003, designating Lillie 26 Suburban Newspapers as the legal newspaper for the calendar year of 1998. 27 Motion carried unanimously. 28 4. Resolution 98-004, re: Cut-off Date for Public Improvement Petitions. 9 Motion by Cavanaugh, second by Marks to approve Resolution 98-004, establishing March 15, 1998 as cut-off date for receiving petitions for public improvements. 31 Motion carried unanimously. ti City Council Regular Meeting Minutes • January 13, 1998 Page 16 1 5. Resolution 98-005, re: Designate Official Depository for City Funds. 2 Motion by Marks, second by Thuesen to approve Resolution 98-005, designating Firstar St. 3 Anthony Bank the official depository for City funds. 4 Motion carried unanimously. 5 6. Resolution 98-006, re: Designate Public Health Officer. 6 Motion by Marks, second by Faust to approve Resolution 98-006, designating Dr. William 7 Carr as Public Health Officer. 8 Motion carried unanimously. 9 7. Resolution 98-007 - 98-011, re: Mayor and Councilmembers Participation in 10 Outside Organizations. 11 Motion by Marks, second by Faust to approve Resolutions 98-007 - 98-011, acknowledging 12 Mayor Clarence Ranallo, Councilmember George Marks, Councilmember Jerry Faust, 13 Councilmember Dennis Cavanaugh, and Councilmember Brian Thuesen as a participants in 14 outside organizations. Motion carried unanimously. 16 8. Resolution 98-012, re: 1998 Hennepin County Recycling Grant Application. 17 Motion by Marks, second by Thuesen to approve Resolution 98-012, approving submittal of 18 the 1998 Hennepin County Municipal Recycling Grant Application. 19 Motion carried unanimously. 20 XI. UNFINISHED BUSINESS. 21 Mornson reported that City Attorney William Soth will be taking a three-month sabbatical. 22 Jerry Gilligan will serve in his position. 23 Mornson reported he has spoken with the Cable Commission and has two possible people to 24 run the equipment for broadcast of the Council Meetings. One is the person who helped with 25 broadcast on election night. Mornson noted that the broadcast will be replayed. He intends 26 to consult with other cities and set up a replay schedule similar to their schedule. If requests 27 are received for replay at other times, they will be accommodated. 28 Mayor Ranallo stated that he hopes the school may supply some volunteers to run the cable 29 equipment and as it would help them gain experience. 10XI. ADJOURNMENT. 1 Motion by Faust, second by Cavanaugh to adjourn the meeting at 9:11 P.M. 32 Motion carried unanimously. r _v City Council Regular Meeting Minutes January 13, 1998 • Page 17 1 Mayor Ranallo reconvened the meeting at 9:12 P.M. 2 Motion by Faust, second by Marks to appoint Dennis Cavanaugh and Brian Thuesen to the 3 Housing and Redevelopment Authority. 4 Motion carried unanimously. 5 Motion by Marks, second by Cavanaugh to adjourn the meeting at 9:14 P.M. 6 Motion carried unanimously. 7 Respectfully submitted, 8 Lorri Kopischke 9 TimeSaver Off Site Secretarial 10 �1 Mayor 12 ATTEST: 13 City Clerk •