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HomeMy WebLinkAboutCC MINUTES 10131998 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooaai Box: 19 Folder: CC MINUTES AND AGENDAS 1998 Document: CC MINUTES 10131998 1 CITY OF ST. ANTHONY REGULAR CITY COUNCIL MEETING 3 OCTOBER 13, 1998 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen. 9 Councilmembers absent: None. 10 Also present: City Manager Mike Momson; City Attorney William Soth. 11 III. APPROVAL OF OCTOBER 13, 1998 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Faust to approve the October 13, 1998 Regular City Council 13 Meeting Agenda as presented. 14 15 Motion carried unanimously. 4 IV. APPROVAL OF SEPTEMBER 22, 1998 REGULAR CITY COUNCIL MEETING MINUTES. 18 Motion by Marks, second by Thuesen to approve the September 22, 1998 Regular City Council 19 Meeting Minutes as presented. 20 Motion carried unanimously. 21 22 V. LICENSES/PERMITS/PETITIONS. 23 Motion by Faust, second by Thuesen to approve the following licenses: 24 Heatinia License: 25 Suburban Air Conditioning Company, Inc., Minneapolis., MN/3739 Foss Road 26 Construction Mechanical Services, St. Paul, MN/2930 Anthony Lane NE 27 Dependable Indoor Air Quality, Inc., Coon Rapids, MN/3613 Edward St.NE 28 American Heating& Air Supply, Inc., Spring Lake Park, MN/3011 Rankin Rd. 29 Contractors License: 30 ADB Construction Company, Inc., Maple Grove, MN/ 3221 Skycroft Dr 31 AH Tree Service, Fridley, MN 32 Land Recycling Services, Inc., Bloomington, MN/demo 2713 St. Anthony Blvd. 33 Temporary 3.2 Beer and Wine Permit: 34 February 14, 1999/Mardi Gras/Church of St. Charles Borromeo Voting on the motion: Ranallo, Cavanaugh, Faust and Thuesen voted aye. Marks voted nay. 36 Motion carried. City Council Meeting Minutes. • October 13, 1998 Page 2 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Cavanaugh to approve the following claims: 3 A. Web Site Development: 4 1. Netlink in the amount of$6,000.00 for Web Site Development Project. 5 B. Legal/Prosecutions: 6 1. Dorsey & Whitney in the amount of. 7 a. $1,982.82 for general legal services rendered through August 31, 1998. 8 b. $530.00 for legal services rendered through August 31, 1998 with regard 9 to the Storm Water Project. 10 2. Foster, Wentzell, Hedback& Brever in the amount of$3,000.00 for professional I l services rendered. 12 C. 1999 Street Improvement Project: 13 1. WSB & Associates, Inc. in the amount of: 14 a. $11,428.59 for professional services rendered from August 1, 1998 15 through August 31, 1998 with regard to the Feasibility Report for 1999 street& water main improvements. b. $10,834.75 for professional services rendered from August 1, 1998 18 through August 31, 1998 with regard to 1999 Street& Utility 19 Reconstruction final plans& specifications. 20 D. Water Management/Flood Analyses: 21 1. WSB &Associates, Inc. in the amount of: 22 a. $1,699.34 for professional services rendered from August 1, 1998 through 23 August 31, 1998 with regard to the Harding Street public involvement& 24 preliminary design. 25 b. $13,523.50 for professional services rendered from August 1, 1998 26 through August 31, 1998 with regard to Silver Point/Central Park Final 27 Design. 28 C. $636.50 for professional services rendered from August 1, 1998 through 29 August 31, 1998 with regard to 1998 Flood Proofing Grant Program 30 Administration. 31 d. $569.50 for professional services rendered from August 1, 1998 through 32 August 31, 1998 with regard to Water Resource Management Plan. 33 e. $1,043.75 for professional services rendered from August 1, 1998 through 34 August 31, 1998 with regard to UI Study. 35 f. $1,878.75 for professional services rendered from August 1, 1998 through 36 August 31, 1998 with regard to Sump Pump Inspection Program. E. St. Anthony Fire Relief Association in the amount of$25,736.00 for transfer payment 6 from Fire State Aid funds. 39 F. 3 pages of Verified Claims as presented by the Finance Director. City Council Meeting Minutes • October 13, 1998 Page 3 1 Motion carried unanimously. 2 VII. PUBLIC HEARINGS. 3 Mayor Ranallo stated the public hearing with regard to improvement projects for Central and 4 Silver Point Parks on this evening's agenda follows an open house in May as well as a public 5 hearing in June. He added Todd Hubmer, WSB, would address the Council with regard to storm 6 water improvements, and Carol Jindra, Parks Commission Chair, would address the Council with 7 regard to parks improvements. 8 9 Mayor Ranallo opened the public hearing at 7:07 P.M. 10 A. Improvement project for Central Park. 11 Mr. Hubmer reviewed the proposed park improvement projects to include the construction of 12 storm water improvements in Central Park to protect adjacent homes from flooding, and the 13 construction of storm water storage in Silver Point Park. 14 15 Mr. Hubmer stated storm water storage in Central Park will be increased to provide 100-year flood protection. He added the stockpiling of material in Central Park excavated from Silver Point Park was bid as an alternate to the project. 18 19 Mr. Hubmer stated the excavation in Central Park would take place next spring which would 20 complete improvements in the park and would not significantly impact its use. 21 22 Faust asked whether storm water storage in Central Park would alleviate flooding problems for 23 residents at the park's north perimeter. Mr. Hubmer confirmed the storm water improvements 24 would rectify that problem. 25 B. Im6rovement project for Silver Point Park. 26 Mr. Hubmer reviewed storm water storage within Silver Point Park, adding storm water would 27 be directed down 29th Avenue into Silver Point.Park. He stated 9 bids had been received on the 28 project, adding the proposed contractor is Richard Knutson, Inc., for a base bid of$1,231,266.95. 29 30 Mr. Hubmer stated WSB's recommendation to the City is the removal of excavated material 31 rather than stockpiling the material in Central Park due to cost effectiveness. He added WSB's 32 recommendation to the City takes into consideration the additional costs incurred by the hauling 33 and dumping of the material; parking lot damage repair; grading of the stockpile within Central 34 Park; as well as concerns expressed by the Parks Commission,the School Board and the Sports Boosters with regard to the size of the stockpile and accessibility of the park. 6 - 37 Mr. Hubmer stated WSB has previous experience with.Richard Knutson, Inc., and recommends J J City Council Meeting Minutes • October 13, 1998 Page 4 1 the firm for its quality and dedication. 2 3 Mayor Ranallo welcomed Carol Jindra, Parks Commission Chair, to the meeting. Ms. Jindra 4 introduced members of the Parks Commission who were present: Commissioners Donald 5 Siggelkow, Joanne Kosciolek, and Tim Morris; George Wagner(Community Services); Kathie 6 Wolff(School Board); and Jay Hartman, Public Works Director. Ms. Jindra thanked the Parks 7 Commission for their hard work, as well as their attendance at the meeting. She added many of 8 the Commissioners are lifelong residents of the City and are dedicated to their task of parks 9 improvement. 10 11 Ms. Jindra stated the Parks Commission meets the second Monday of every month and 12 encouraged residents to attend. She added the Commission's first official meeting was in August 13 1998 and they have been asked to make immediate decisions regarding parks improvements. 14 15 Ms. Jindra stated the Parks Commission reviewed the bids received, and supports WSB's 16 recommendation of Richard Knutson, Inc. She added the Parks Commission strongly advocates 17 the use of County Highway 88 for access to Silver Point Park for excavation of material. 0 Ms Jindra added the bid for Silver Point Park includes $40,000 allowance for playground 20 equipment which will not be sufficient. She added the existing equipment is not salvageable and 21 additional funding will be necessary. 22 23 Ms. Jindra stated it is the consensus of the Parks Commission that decisions have been rushed 24 and the Commission required more time to deliberate on these issues; however,they realize the 25 importance of timeliness with regard to the project. Ms. Jindra reviewed the proposed park 26 improvements for Silver Point Park, to include two youth fields, a full-size soccer field,hockey 27 area with removable boards and lights,play structure and picnic shelter/warming house, as well 28 as half-court basketball area. 29 30 Mayor Ranallo asked for clarification from Mr. Hubmer with regard to access from County 31 Highway 88 to Silver Point Park. Mr. Hubmer stated the County originally denied access to the 32 Park from Highway 88; this was appealed by the City and recently access was awarded by the 33 County with special signing considerations. 34 35 Marks asked whether the improvements to Silver Point Park's amenities are included in the bid. 36 Mr. Hubmer confirmed all amenities are included except the picnic shelter/warming house and 37 hockey area with lights. He added additional funding will be necessary for the playground 38 equipment. 40 Cavanaugh asked whether it is necessary to lower the elevation of the parking lot. Mr. Hubmer 41 stated the parking lot provides additional flood storage. City Council Meeting Minutes • October 13, 1998 Page 5 1 2 Cavanaugh questioned the necessity of destroying 2 trees on the park's west side. Mr. Hubmer 3 stated minimal tree loss was achieved but some trees had to be sacrificed. 4 5 David and Cindy Lehner-Smith, 3100 - 29th Avenue NE, addressed the Council, stating their 6 home on the corner of 29th Avenue and Rozelle Drive is located on the park's north perimeter. 7 Mr. Lehner-Smith stated they would wish the project be delayed until all issues related to the 8 project have been satisfactorily handled. 9 10 Mr. Lehner-Smith stated the regrading of the parking lot in Silver Point Park requires Rozelle 11 Drive be regraded as well. He added due to the City's right of way, Rozelle Drive will be moved 12 15 feet onto their property; a sidewalk and retaining wall adds another 9 feet; for a combined 13 total of 24 feet into their existing yard. 14 15 The Lehner-Smiths expressed their frustration and helplessness throughout this process, adding 16 WSB did not inform them of these plans until Saturday October 10. Mr. Lehner-Smith added if 17 plans are finalized and construction begins in 2 weeks, they have no alternative but to submit to the City's right of way. 20 The Lehner-Smiths believe the project's changes will affect the resale value as well as aesthetic` 21 quality of their home. They stressed they are committed to the City and support the potential 22 benefits of the project, but requested more time from the Council to work out the details of their 23 situation. 24 25 Mayor Ranallo asked whether the Lehner-Smiths had attended the June 1998 public hearing, and 26 whether they had voiced their concerns at that time. Mr. Lehner-Smith stated he had been 27 present, but he was not notified of the specific impact to his home until October 10, 1998. 28 29 Mayor Ranallo requested clarification from Mr. Hubmer. Mr. Hubmer stated the plans for Silver 30 Point Park were reconfigured to effect sufficient elevation changes after the June public hearing. 31 He added the Rozelle Drive situation affecting the Lehner-Smith's home became apparent only 32 recently while preparing plans for bidding. 33 34 Mr. Hubmer stated he met with the Lehner-Smiths on Saturday October 13 and as a result of that 35 meeting WSB produced a new concept for their consideration which removes a portion of the 36 proposed retaining wall and fencing, and drops the grade on the driveway to a less excessive 37 degree. Mr. Hubmer added he believes a compromise can be reached which will accommodate 38 all parties involved. He reiterated the construction will all be completed within the City's 46 ownership. 41 Mrs. Lehner-Smith questioned the amount to be spent on park improvements and requested a City Council Meeting Minutes • October 13, 1998 Page 6 1 detailed list of how the money will be spent, questioning the accuracy of WSB's proposed costs. 2 She also requested the credentials of the proposed contractor be made available to the public. 3 She added the original plans proposing a gravity-forced storm water system were obviously 4 flawed. 5 6 Mr. Hubmer stated he is proud of the accuracy of the estimate provided by WSB, adding most 7 such estimates represent a much larger variation from bids received. He added the funding has 8 been reviewed on a number of occasions, including previous Council meetings. He reviewed the 9 funding sources again, which include the Department of Natural Resources, Storm Water Utility 10 funds, as well as additional funding from the FEMA grant. He also reviewed the allocation of 11 funds for park improvements at Central and.Silver Point Park,to include excavation of material, 12 removal of park amenities, construction of storm water utilities, restoration of parks, ballfields, 13 playground equipment, sodding, and the overall provision of 100-year flood protection to the 14 citizens of St. Anthony. 15 16 Mr. Hubmer stated Richard Knutson, Inc., is a highly reputable firm which has done previous 17 work for WSB. He stressed the quality of all the firms who bid on the project. 0 John Gannon, Park Construction, Inc., addressed the Council as a representative of his firm, 20 requesting the Council's consideration. He added Park Construction submitted a bid which was 21 lower than that of Richard Knutson, Inc., for the alternate stockpiling proposal and reconstruction 22 of the parking lot. He stated the stockpile in Central Park would be a level, sodded area which 23 would be usable next spring. 24 25 Mayor Ranallo expressed concern over the loss of two parks for a full year. Mr. Gannon stated 26 since the dirt would be moved in November when parks.are not in frequent use, the stockpile 27 would be graded level with the parking lot by next spring. 28 29 Cavanaugh asked whether Park Construction could begin the project later this fall if the 30 Council's decision is delayed for 2 weeks. Mr. Gannon stated 20 working days are required to 31 complete the project. 32 33 Faust asked for the number of necessary truck loads. Mr. Gannon stated 6,900 truck loads would 34 be required. 35 36 Mr. Hubmer stated the parking lot improvements will be addressed in conjunction with Central 37 Park's improvements next year. He added the cost of stockpiling of material in Central Park is 38 prohibitive. Cavanaugh stated Mr. Hubmer and WSB initially proposed the stockpiling option. 0 Ms. Jindra expressed the Parks Commission's reluctance to move forward with plans for Central 41 Park since a physical survey has not yet been done on the park. She stated the Commission City Council Meeting Minutes • October 13, 1998 Page 7 1 wishes to move forward with plans for Central park in a deliberate yet timely manner. She added 2 the Commission wishes to explore grant opportunities for the funding of the park's 3 reconstruction. 4 5 Ms. Jindra stated Mr. Hubmer has worked in cooperation with the City Council and Parks 6 Commission to arrive at proposals which work for all parties involved and attacking the 7 engineering firm would be inappropriate. 8 9 Jane Hintz, 3503. Maplewood Drive, St.Anthony; addressed the Council on behalf of Mike 10 Jacobs, 2914 - 29th Avenue, who has concerns with regard to assessments on his street. Mr. 11 Hubmer stated State aid funds may be available to pay for some of the street improvements. 12 Those issues will be addressed when 29' is constructed. 13 14 Monica Mandell, 3520 Skycroft Drive, requested clarification with regard to the appearance of 15 the holding pond in Central Park, and whether park access will still be available to her family 16 through their property. Mr. Hubmer stated the ponding area will have a mild slope beyond the 17 fence line and a low maintenance, prairie grass mixture is proposed. He added Ms. Mandell will still have park access from her property. 20 Nora Morris, 4020 Macalester Drive, requested clarification with regard to the grading in Silver 21 Point Park, asking whether all parts of the park will be visible to patrolling police. Mr. Hubmer 22 stated the entire park will be visible from the parking lot and Highway 88. Ms. Morris asked 23 whether the water storage is a long-term solution or whether the pipes will ultimately have to be 24 replaced. Mr. Hubmer stated the project provides a permanent solution to an ongoing problem. 25 26 Motion by Faust, second by Marks to close the public hearing at 8:33 P.M. 27 Motion carried unanimously. 28 Mayor Ranallo stated a letter had been distributed to the Council with an unreadable signature 29 and requested acknowledgment from its author. He added the letter expressed concerns with 30 regard to the proposed park improvement project. No acknowledgment was made. 31 1. Resolution 98-071, re: Award bid for Silver Point and Central Parks 32 improvements. 33 Mayor Ranallo stated the Council is under some pressure to act quickly on this difficult 34 issue due to time constraints. He added that a deferred decision could result in a 2-year 35 delay in the park improvement project. Mayor Ranallo stressed the Council would work closely with the Lehner-Smiths to resolve their problem if the bid is awarded. 38 Cavanaugh stated the public hearing raised legitimate questions which could be resolved City Council Meeting Minutes • October 13, 1998 Page 8 1 with more time. He added he could not support the resolution and stressed a decision 2 should be deferred until these issues are resolved. 3 4 Thuesen stated valid concerns had been raised during the public hearing with regard to 5 private property, and expressed his confidence in the ability of the City to arrive.at an 6 agreement with the Lehner-Smith's. He added he supports the resolution. 7 8 Marks stated the immediate approval of this resolution would reduce construction risk at 9 this time of year, adding he supports-the resolution. 10 11 Faust stated the potential for flooding makes the immediate resolution of this issue 12 necessary. He stated Mr. Hubmer has proven his willingness to work with the City and 13 its residents. He expressed his concern over the proposed 6,900 truck loads on city 14 streets to Central Park. He added he supports the resolution. 15 16 Mayor Ranallo stated the City will work with the Lehner-Smith's, and added the 17 stockpiling of materials in Central Park was an option not favored by the School Board. This statement was confirmed by Kathie Wolff,the School Board's representative to the Parks Commission, and George Wagner, the Community Services liaison to the Parks 20 Commission. 21 22 Motion by Marks, second by Faust to approve Resolution 98-071, awarding bid for 23 redevelopment/improvements for Silver Point and Central Parks in conjunction with 24 proposed flood mitigation projects to Richard Knutson, Inc., in the amount of 25 $1,231,266.95; and to advance toward issue resolution between WSB, the City and 26 homeowners David and Cindy Lehner-Smith. 27 Voting on the motion: Ranallo, Marks, Faust and Thuesen voted aye. Cavanaugh voted nay. 28 Motion carried. 29 VIII. REPORTS. 30 A. Councilmembers. 31 Thuesen reported on his attendance at the St. Anthony Shopping Center Retailer's Association 32 meeting this past week. He stated he had informed the members of the Council's upcoming 33 meeting with Richard Krier regarding redevelopment of the shopping center, and added he 34 anticipates a good turnout. 0 Faust reported on his attendance at the Pahl Avenue and Wilson Avenue street reconstruction 36 meeting on September 30. He congratulated Michael Morrison, City Manager, Mr. Hubmer, and City Council Meeting Minutes • October 13, 1998 Page 9 1 Jay Hartman, Public Works Director, for their organization and preparedness with regard to the 2 meeting. 3 4 Thuesen stated he had attended the street reconstruction meeting as a homeowner and was also 5 impressed with the planning and organization. 6 7 Marks reported the Sister City organization has received 501 C3 status from the IRS and a 8 membership meeting is planned for mid-November. He encouraged residents to join the 9 organization,_and thanked William Soth, City Attorney for his efforts on its behalf. He added the 10 first teacher from St. Anthony has gone to Salo, Finland on the teacher exchange and will be 11 reporting on his experiences at the meeting. 12 13 Cavanaugh reported on his attendance at the St. Anthony Chemical Health Coalition's focus 14 group training session. He added fundraising efforts have commenced in the form of a letter sent 15 to residents asking for their support. 16 17 Cavanaugh reported on his attendance at the ACTION (Adults and Children Together In Our Neighborhoods)board meeting that morning. He stated ACTION will serve as an umbrella organization for unaffiliated groups to brainstorm ideas for the development of youth in the City. 20 He added ideas can be directed to Amy Sparks at the Community Center, and residents interested 21 in participating in focus group discussions should contact Cavanaugh. 22 B. Mayor. 23 Mayor Ranallo stated he had nothing to report. 24 C. Ci ,gager. 25 Mr. Morrison stated the City has finalized its web site and 2 types of computer training will be 26 offered to City staff. Microsoft Outlook and E-Mail Internet. He added the staff will attend 2 full 27 days of training, and the Council is encouraged to attend in that format or an evening of training 28 could also be arranged. 29 30 Mr. Morrison stated that the Parks Commission vacancy had been filled on an interim basis by 31 George Wagner, who currently serves as its Community Services liaison. He added the 32 Commissioner vacancy is a voting position. 33 34 Cavanaugh expressed his disappointment that the Council is not soliciting general participation 35 in the Parks Commission. 36 Motion by Marks, second by Thuesen to appoint George Wagner to Parks Commission as a 46 permanent member for a 2-year term. City Council Meeting Minutes • October 13, 1998 Page 10 1 Motion carried unanimously. 2 Mr. Mornson stated a letter had been received by the City from Planning Commissioner James 3 Gondorchin who was terminated due to four absences in a calendar year in accordance with 4 Commission by-laws. He added Mr. Gondorchin requests reinstatement and apologized for the 5 inconvenience caused by his absences which were unavoidable. 6 7 Motion by Marks, second by Faust to re-instate James Gondorchin to the Planning Commission. 8 Motion carried unanimously. 9 Mr. Mornson updated the Council on the sump pump inspection program, which the City is 10 attempting to change to a grant program. 11 12 Mr. Mornson stated a request had been made by the City to Hennepin County for funds for the 13 home on St. Anthony Boulevard purchased by the City. 14 Mr. Mornson stated he and Mr. Hubmer will be requesting a meeting with the DNR to ask for the second $1 million due to the City, as well as an additional $600,000. 17 18 William Soth, City Attorney, addressed a right of way issue raised by the former owner of a 19 trailer park property. He stated a fence along Kenzie Terrace encroaches on the City's right of 20 way, and asked whether the City is willing to grant license agreement to leave the fence in place. 21 22 Mayor Ranallo asked whether such a decision would set a precedence. Mr. Soth stated in this 23 case, the fence only encroaches slightly on the right of way. Mayor Ranallo suggested the issue 24 be clarified and added to an upcoming Council meeting agenda for resolution. 25 IX. NEW BUSINESS. 26 A. Resolution 98-072, re: Hennepin County road maintenance agreement. 27 Motion by Marks, second by Faust to approve Resolution 98-072, authorizing the Mayor and 28 City Manager to execute the agreement between Hennepin County and the City of St. Anthony_ 29 for road maintenance services. 30 Motion carried unanimously. 31 B. Resolution 98-073, re: Approval of Schnitzer settlement. Motion by Thuesen, second by Marks to approve Resolution 98-073, approving settlement and 46 authorizing payment thereof, with the following changes to the Resolution: 34 City Council Meeting Minutes • October 13, 1998 Page 11 1 First line, after "one" insert "member" . 2 Third line, after"cities" insert "and others" 3 Third line, after "who" insert "allegedly" 4 In bottom paragraph, second line, delete "consents" 5 In bottom paragraph, third line, after "suit" insert "pursuant to a settlement agreement acceptable 6 to the City Attorney" 7 Motion carried unanimously. 8 9 C. Resolution 98-074,re: Approval of Minnesota Police Recruitment System (MPRS) 10 settlement. 11 Motion by Marks, second by Faust to approve Resolution 98-74, approving settlement and 12 authorizing payment thereof. 13 Motion carried unanimously. 14 D. Resolution 98-075, re: Call for public hearing on Comprehensive Plan Update. Motion by Marks, second by Faust to approve Resolution 98-075, calling for a public hearing for �f6 adoption of the City of St. Anthony Comprehensive Plan Update. 17 Motion carried unanimously. 18 E. Resolution 98-076, re: Appoint Y2k Coordinator. 19 Motion by Marks, second by Thuesen,to approve Resolution 98-076, appointing Y2k 20 Coordinator. 21 Motion carried unanimously. 22 F. Resolution 98-077, re: Approve 1999 contract for cleaning services for City 23 Hall/Community Center. 24 Cavanaugh asked why the cleaning services contract is not put out for bid. Mr. Soth stated the 25 City is not required by law to do so. Marks stated typically such matters are not bid out as the 26 rates tend to remain constant and certain working arrangements with regard to the facilities are 27 maintained. 28 29 Motion by Marks, second by Faust to approve Resolution 98-077, approving a cleaning service 30 contract and authorizing the Mayor and City Manager to execute said contract. 0 Motion carried unanimously. 32 X. UNFINISHED BUSINESS -None. City Council Meeting Minutes October 13, 1998 Page 12 t XI. ADJOURNMENT. 2 Motion by Marks, second by Thuesen to adjourn the meeting at 9:18 P.M. 3 Respectfully submitted, 4 Mary Mullen 5 TimeSaver Off Site Secretarial, Inc. IIA A 6 Mayor 7 ATTEST: 8 City Clerk • •