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HomeMy WebLinkAboutCC PACKET 10221991 �1 t ! Meeting Sheet jr rGr 103045 r xh ' Box: 30 II Folder: CCIIPACKETS 1990-1994 Document: CC PACKET 10221991 i. kl r• i+l la k2, .ii; �I e I^, ,j+�. is �, No.247—Application for Municipal License; General Form. (Revised 1926. MILLER•D4VI5 CO.,MINNEAPOLIS i Mate of ;fflinnegota, C01171,ty of.......Ramsey S .................................................. TOTHE City .......................................................OF THE...........q1.tY................................................................................ OF...........St.......Anthony.................................................................................................................LV SAID COUXTYA.A"D STATE: temporary permit to serve 3. 2 beer & wine The uaadersien.ed hereby applies for a, ................................................................ t at the World' s Largest Spaghetti Dinner sponored by City of St. Anthony i i7l. the..............C1.t. '......................................of...............S.t......Anthony.................................in said county and state for the term of..........one day* from the date hereof, subject to the laws of.Minnesota and the ordinances of said..................City.........................................; and herewith tenders .................... ....................a.s the license feeth•erefore..............................................................................................................................................................................................................:............... ............................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................ i *..Ootobe.r....2.............19.9 ............................................................................................................................................................... j 12 Noon to 5 : OOPM ............................................................................................................................................................................. ................................................................................ Apache Plaza . ............................................................................................................................................................................................................................................................. 3800 Silver Lake Road ............................................................................................................................................................................................................................................................. 1 .................................................................................................................................................................................................................................................. : ............................................................................................................................................................................................................................................................. i D(7 t,,d..............................................................................19............. i CITY OF ST. ANTHONY RESOLUTION 91-047 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the Agreement between Hennepin County and the City of St. Anthony for road maintenance services on behalf of the City of St. Anthony. Adopted this day of , 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of St. Anthony, Minnesota, on the day of , 1991, as disclosed by the records of said City Council in my possession. City Clerk Agreement No. PW 65-10-91 City of St. Anthony County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT AGREEMENT, Made and entered into this day of 19 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" , and the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as 'the "City" . WITNESSETH; WHEREAS, Pursuant to Minnesota Statutes, Section 162.17, Subdivision 1, and 471.59, the parties desire to enter into an agreement relating to the maintenance of County State Aid Highways within and adjacent to the corporate limits of the City upon the terms and conditions hereinafter set forth. NOW, THEREFORE, The parties do agree as follows: I The City will , during the term of this agreement, maintain as hereinafter provided, those portions of County State Aid Highways within and adjacent to the corporate limits of the City listed as follows: Mileage Centerline Lane CSAH 27 - between St. Anthony Boulevard and 37th Avenue N.E. 1.16 4.64 CSAH 136 - between CSAH 153 and 37th Avenue N.E. 1.25 3.82 CSAH 153 - between Stinson Boulevard and CSAH 136 0.53 2.12 2.94 10.58 CSAH 88 - between St. Anthony Boulevard and East. County Line 0.70 2.80 II The maintenance to be performed by the City on CSAH's 27, 136 and 153, shall consist of the fol.lowing: -1- dl Agreement No. PW 65-10-91 A) Keep the aforementioned County State Aid Highways reasonably free and clear of ice and snow, and undertake proper sanding or salting when necessary. B) Sweep, flush, and dispose of any debris from the aforementioned County State Aid Highways twice during the calendar year as follows: a. As soon as practicable after the spring snow melt, and b. During the period of mid-summer or early fall as conditions warrant. C) Clean the center medians in conjunction with the early spring cleaning described in Paragraph "B" . The maintenance to be performed by the City on CSAH 88 shall consist of the following: A) Mow the grassed areas of the aforementioned County State Aid Highway a minimum of five times per year. The City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of all and any of the work provided for in this agreement. III The County will pay the City for maintenance operations as specified herein for Calendar Year 1992, the amounts set. forth in the fee schedule as follows: FEE SCHEDULE Unit of Item Measurement Quantity Unit Price Total Fee Snow and Ice Control Lump Sum 1 $5,800.00(A) $5,800.00 Sweeping and Cleaning Center Line Mile 5.88(B) 255.10 1,500.00 Center Median Cleaning Lump Sum 1 200.00 200.00 Mowing None 0 0 0 TOTAL' HENNEPIN COUNTY FEE $7,500.00 -2- Agreement No. PW 65-10-91 A. If any of the highways or portions thereof covered by this agreement are removed from the County system during the term of this agreement as provided by law, the County's annual fee for snow and ice control shall be recomputed as follows: $5,800.00 - 5,800 X A X B = Total annual Fee for Snow 2.94 5 and Ice Control ; Where: A = Number of miles removed from County System. B = Number of winter months the mileage removal was in effect. (For the purpose of this computation, winter months shall be construed to be the period from January -1 to April 15 and from November 15 to December 31 of each calendar year giving a yearly total of five months. ) B. Estimated quantity consists of two sweepings as per Article II of this agree- ment. For each sweeping, the County shall pay $255.10 multiplied by the number of miles in the County system at the time each sweeping and cleaning operation is performed. Payments under this agreement shall be made on a semi-annual basis, and as soon after the respective dates of April 30 and December 31 of each year as may be possible, upon submission by the City to the County of a certificate approved by the County Department of Public Works certifying that all work has been done during the period for which payment is to be made, in full accordance with this agreement. This agreement shall be in full force and effect for the Calendar Year 1992. IV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees -3- c_ Agreement No. PW 65-10-91 while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all - claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. V Upon failure of the City to perform any of the work named herein under the terms of this agreement, the Board of County Commissioners may do and perform such work or cause it to be done and performed, and may retain from any monies then due to the City under this agreement, or thereafter becoming due, any such amount as is required for the completion of such work, provided however, that this paragraph shall not be construed to relinquish any right of action which may accrue in behalf of the County as against the City for any breach of agreement. VI The parties agree that with the exception of the payments due and payable or to become due and payable as herein provided, neither the County, its commissioners, officers, agents or employees either in their individual or official capacity shall be responsible or liable in any manner to the City or to any other person or persons whatsoever for any claim, demand, judgement, fines, penalties, expenses, action or causes of action of any kind or character arising out of or by reason of the negligent performance and completion of the work provided herein or arising out of any contract let by the City for the performance of any of the -work provided for herein and the City agrees to defend, save and keep said County, its commissioners, officers, agents and employees harmless from any liability, claims, demands, actions or causes of actions, judgements, fines, penalties and expenses (including without limitation reasonable attorney fees and disbursements incurred in the defense thereof) .arising out of the negligence of -4- Agreement No. PW 65-10-91 the City, its officers, agents or employees. The City also agrees that any contract let by the City for the performance of any of the work included hereunder shall include clauses that will : 1) Require the contractor to hold the County,, its commissioners, officers, agents and employees harmless from any claim, demand, judgement, fine, penalty, expenses, action or cause of action of any kind or character arising out of or by reason of the negligence of the said contractor, its officers, employees, agents or subcontractors and 2) Require the contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. VII The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. -5- . Agreement No. PW 65-10-91 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY (SEAL) By Mayor Date: And: City Manager Date: COUNTY OF HENNEPIN ATTEST: By Clerk of the County Board Chairman of its County Board Date: Date: And: Upo prop r execution, this agree nt Associate County Administrator and wil: be le ally vali indi "' County Engineer 19 By: Date Assist County Attorney Date: Approved as to execution: RECOMMENDED FOR APPROVAL: By: BY Assistant County Attorney Director, Department of Public Works Date: Date: "'PIK • CITY OF ST. ANTHONY CITY COUNCIL AGENDA COMMUNITY CENTER CAFETERIA OCTOBER 22, 1991 7:30 P.M. I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF OCTOBER 22, 1991 COUNCIL AGENDA. IV. APPROVAL OF OCTOBER 8, 1991 COUNCIL MINUTES. POLICE CHIEF ENGSTROM WILL INTRODUCE NEWLY-HIRED POLICE OFFICER MARK LEBENS. COUNCIL WILL RECEIVE PUBLIC INPUT RELATIVE TO THE 1992 CITY BUDGET. • V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. HANCE & LEVAHN, LTD. - $2,400.00. B. VERIFIED. VII. REPORTS. A. COUNCIL. B. CITY MANAGER. 1. REQUEST FOR A TEMPORARY PERMIT TO SELL BEER AND WINE AT APACHE PLAZA ON OCTOBER 27, 1991. VIII. PUBLIC HEARINGS - NONE. IX. NEW BUSINESS. A. ROGER BONA, OWNER OF UNOCAL 76 ON KENZIE TERRACE WILL BE PRESENT TO • DISCUSS EXPANSION OF HIS BUSINESS. B. AWARD BIDS FOR HIGHCREST SPILLWAY IMPROVEMENTS. CITY COUNCIL AGENDA • OCTOBER 22, 1991 PAGE 2 C. CHANDLER DRIVE PAVEMENT REHABILITATION - CHANGE ORDER 1. X. UNFINISHED BUSINESS. A. ORDINANCE 1991-007, RE: AMENDMENT TO THE FENCE ORDINANCE (2ND READING). XI. ADJOURNMENT. CITY OF ST. ANTHONY 3 CITY COUNCIL MEETING MINUTES 4 5 OCTOBER 8 , 1991 6 7 8 1 . CALL TO ORDER/PLEDGE -OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo, Councilmembers Enrooth, Marks , 17 Fleming and Wagner 18 19 Staff Present : City Manager Burt , Management Assistant Urbia 20 and City Attorney Soth. 21 22 23 3 . APPROVAL OF OCTOBER 8, 1991 COUNCIL MEETING AGENDA 24 25 Motion by Marks , second by Enrooth to approve the agenda for 6 the October 8 , 1991 Council Meeting. 29 Motion carried unanimously 30 31 32 4 . APPROVAL OF SEPTEMBER 24 , 1991 COUNCIL MEETING MINUTES 33 34 Motion by Marks , second by Wagner to approve the minutes of 35 the September 24 , 1991 Council Meeting as presented and there 36 were no corrections . 37 38 Motion carried unanimously 39 40 41 42 43 INTRODUCTION OF NEW POLICE OFFICER 44 45 Mayor Ranallo recalled that Police Chief Engstrom had been 46 charged with forming. a Police Department which reflected a 47 "public service" image. He felt that so far he had responded 48 to that charge. 49 50 Chief Engstrom introduced Jack Christman, the newly-hired 51 police officer for the City of St . Anthony. 54 1 REGULAR COUNCIL MEETING • 2 OCTOBER 8 , 1991 3 PAGE 2 4 5 6 The Chief advised that Officer Christman had received a four 7 year degree in Sociology from the University of Wisconsin, 8. Madison. Officer Christman received his Certificate in 9 Criminal Justice from the Law Enforcement Training Center in 10 Edina. Chief Engstrom felt Officer Christman fits in very well it with the "community-oriented" police philosophy of St . 12 Anthony. 13 14 Mayor Ranallo and members of the City Council welcomed Officer 15 Christman to the City and to the Police Department . 16 17 18 5. LICENSES/PERMITS/PETITIONS 19 20 21 Contractors Licenses 22 23 Motion by Marks , second by Fleming to approve the contractor ' s 24 license for Panelcraft of Minnesota. 25 26 27 Motion carried unanimously 28 29 30 Motion by -Marks , second by Fleming to approve the contractor ' s 31 license for Rodney Mysliwiec, R & R Construction. 32 33 34 Motion carried unanimously 35 36 37 38 Motor Vehicle Starting -- -- 39 40 Motion by Marks , second by Fleming to approve the motor 41 vehicle starting license for Dick' s St . Anthony Service. 42 43 44 Motion carried unanimously 45 46 47 48 6. PRESENTATION OF CLAIMS 49 50 A. Dorsey & Whitney 51 52 Motion by Marks, second by Enrooth to approve payment in • 53 the amount of $1 , 895 . 45 to Dorsey & Whitney for legal 54 services rendered through August 31 , 1991 for various 40 REGULAR COUNCIL MEETING OCTOBER 8 , 1991 3 PAGE 3 4 5 6 matters concerning the City . 7 8 9 Motion carried unanimously 10 11 12 13 B . Dorsey & Whitney 14 • � Mo+ i`n b., marks- ; second by Enrooth to approve payment in 1✓ 16 the amount of $5 , 090 . 00 for legal services rendered 17 regarding recodification of ordinances . 18 19 20 21 City Attorney Soth advised that this will be the last 22 bill submitted by his firm for recodification legal 23 services as the maximum expenditures authorized by the 24 Council have been reached and the grant funds have been 25 exhausted . is 28 Motion carried unanimously 29 30 31 C . Verified Claims 32 33 Motion by Wagner , second by Marks to approve the four 34 pages of verified claims as presented by the Finance 35 Director . 36 37 38 Motion carried unanimously 39 40 41 6 . REPORTS 42 43 A. Plannina Commission Report - September 17 , 1991 44 45 Commissioner Werenicz was present representing the 46 Planning Commission . 47 48 49 Setback Variance Reauest - G . Preussner, 2917 31st Avenue 50 Mr . Preussner requested a variance of thirteen feet , 1 three inches to allow for front yard setback of forty feet ( the ordinance requires as minimum of thirty feet or 3 equal to the average of the adjacent property ) for the 54 construction of an addition to the existing single family 1 REGULAR COUNCIL MEETING • 2 OCTOBER 8 , 1991 3 PAGE 4 4 5 6 dwelling at 2917 31st Avenue. 7 8 Commissioner Werenicz noted that this was a straight 9 forward request and that the addition will not encroach 10 any further than was allowable. He referred to the verbal 11 support Mr . Preussner had received from some of his 12 neighbors who had attended the Planning Commission 13 meeting. He noted the neighbors had also mentioned the 14 water problems which had been -experienced over the years 15 on this property. They felt the only acceptable location 16 for this addition was as selected by Mr. Preussner. 17 18 The Planning Commission recommends approval of the 19 request with the condition that the siding be completely 20 done on the new addition and the front of the house when 21 the addition is put on and that the remainder of the 22 house be sided within one year. 23 24 Councilmember Marks questioned the need for requiring 25 this variance. The City Attorney responded that the 26 presentordinance required it but that the ordinance 27 could be amended. He felt this requirement gave the City 28 some advantage in that there would be more control 29 afforded to the City when dealing with substandard 30 buildings . 31 32 Councilmember Marks felt the "hardship" was created by 33 the wording of the ordinance. 34 35 Councilmember Enrooth inquired if Mr. Preussner intended 36 to replace the garage which is presently on the property. 37 He questioned if there would be room for two cars to be 38 parked once the addition was put on . Mr. Preussner stated 39 he plans on replacing the garage eventually and that 40 there is sufficient room to park two cars at the present 41 time. 42 43 Motion by Marks , second •by . -Enrooth to approve the 44 variance of thirteen feet , three inches for 2917 31st 45 Avenue as the request does meet the three conditions 46 necessary for approval , water is a hardship, no one 47 appeared in opposition of the request , and the distance 48 from 31st Avenue is not greater than what it is currently 49 with the existing building. Approval of the variance is 50 contingent upon the siding of the south and east sides 51 being done on the new construction at the time it is 52 completed and the north and west sides to be done within • 53 one year of the granting of the variance. 54 REGULAR COUNCIL MEETING OCTOBER 8 , 1991 3 PAGE 5 4 5 6 Motion carried unanimously 7 8 9 Mayor Ranallo felt the Planning Commission did a great 10 deal of work. on the recodification and commended members 11 of the Commission. The City Manager advised the Planning 12 Commission will commence reviewal of the Sign Ordinance 13 at its October 15th meeting. 14 15 16 B. COUNCIL REPORTS 17 18 19 _Report of Councilmember Waciner 20 21 Councilmember Wagner had nothing to report at this 22 time. 23 24 25 Report of Councilmember flemina Councilmember Fleming addressed approximately two hundred and fifty sixth, seventh, and eighth grade students at 29 the Middle School . Her topic was "Turning Off the 30 Violence" and she felt it was very well received. The 31 Mayor thanked her for this work . 32 33 Councilmember Fleming also attended the demonstration at 34 Wilshire Park School put on by the City and the School 35 District . She felt this venture was .very worthwhile and 36 a good example of the City and the School District 37 working together . 38 39 40 Report of Councilmember Enrooth 41 42 Councilmember Enrooth advised the Council there is a 43 wrap-up meeting of the Village Fest Committee scheduled 44 for Monday, October 14th. 45 46 47 Report of Councilmember Marks 48 49 Councilmember Marks had nothing to report at this time. 50 51 0 Report of Mayor Ranallo 54 The Mayor advised that there is a Senior Issues Forum 1 REGULAR COUNCIL MEETING • 2 OCTOBER 8 , 1991 3 PAGE 6 4 5 6 scheduled for October 28th. It will be held at Chandler 7 Place from 10 : 00 a.m. to 11 : 30 a .m. and is to be hosted 8 by Representative Mary Jo McGuire. 9 10 On Wednesday, October 2nd a meeting was held regarding 11 the upcoming D.A.R. E. fundraiser . The fundraiser is 12 scheduled for November 22nd and will feature a 13 performance by Paul Todd. 14 15 There will be seating for seven hundred people and the 16 Mayor noted he is in receipt of one hundred tickets which 17 are to be sold. He indicated a willingness to supply 18 tickets to be sold to members of the City Council and 19 staff . He noted that members of the Students Against 20 Drunk Driving (SADD) will be selling tickets as will 21 members of the Police Department and Community Services 22 Officers . 23 24 Mayor Ranallo stated that members of the City Council 25 will serve as ticket takers and ushers at the event . He 26 will request members of the School Board to serve in this 27 same capacity. 28 29 The Mayor noted that a portion of the costs of the 30 entertainment has already been paid for and that other 31 donations are expected. The City Manager advised that 32 $1 , 500 has been contributed by the Eagles Club and $1 , 000 33 has been donated by Chandler Place. Some mention has been 34 made that a donation will be forthcoming from Tri-City 35 American Legion. 36 37 It was observed that the more donations received for 38 covering the cost of the Paul Todd Show will be realized 39 in a larger total of funds which can be given to the 40 D.A.R. E. Program. 41 42 The City Manager stated that many people involved in the 43 D.A.R. E. Program will be attending as this is the first 44 fundraiser being given for the Program. 45 46 Mayor Ranallo has contacted Steve Grimm and Colleen Ray 47 regarding their participation on a fundraiser for the 48 D.A.R. E. Program. They appear to be interested. He will 49 follow through on this matter. 50 51 The Mayor stated that the Columbus events were kicked off 52 on Sunday, October 6th at Apache Plaza . He reminded the • 53 Council of some of the activities which will be occurring 54 during the entire month of October . REGULAR COUNCIL MEETING OCTOBER 8 , 1991 3 PAGE 7 4 5 6 7 8 C. REPORT OF THE CITY MANAGER 9 10 Budget Presentation 11 12 13 The City Manager reminded the Council that there is a 14 budget presentation scheduled for October 22nd. He has 15 reserved the Cafeteria and confirmed the starting time as .16 7 : 30 p.m. 17 18 The starting time was acceptable to the Council but Mayor 19 Ranallo requested the presentation be held in the Council 20 Chambers with the Cafeteria as a backup. 21 22 23 Fire Department Open House 24 25 The Fire Department is holding its Annual Open House on 0 Tuesday, October 16th from 6: 00 to 8 : 00 . 28 29 Joint Meeting of City Council and School Board 30 31 October 16th at 7 : 00 p.m. is the date and time selected 32 for the joint meeting of the City Council and the School 33 Board. The City Manager indicated he has received no 34 confirmation nor comment from the School Board regarding 35 this joint meeting. Staff will check with the School 36 Board. 37 38 39 Foss Road Lift Station Legal Costs 40 41 The City Manager advised that as of this date $12 , 613 . 00 42 of legal costs have been incurred for the Foss Road Lift 43 Station dispute. 44 45 He noted it originally was to have been completed in 1989 46 but continued to be six to nine months behind schedule . 47 It is completed now and nearly all of the agreements are 48 wrapped up. 49 50 The City Attorney advised there will be no need to go to 1 court on this matter. 3 54 Clarification of Sewer Rates and Charges 1 REGULAR COUNCIL MEETING • 2 OCTOBER 81 1991 3 PAGE 8 4 5 6 7 A memo was received from Roger Larson, the Finance 8 Director, requesting members of the City Council to 9 advise staff of their interpretation of that section of 10 Ordinance 540 . 00 which addresses residential and 11 commercial designations relative to sewer rates and 12 charges and whether an ordinance amendment should be 13 drafted. 14 15 The City Manager advised that the present practice is to 16 have meters read quarterly . He noted that in- some 17 instances of apartment buildings or complexes there is 18 just one meter and he felt there are situations where 19 much more water is being used than is being charged for . 20 21 He cited the. example of more equitable charges being made 22 with Chandler Place where a special meter has been 23 installed specifically to monitor water usage for the 24 sprinkler system. 25 26 Presently, the commercial rate is being charged for • 27 apartment buildings and complexes . The City Manager 28 stated that on residential charges the first three months 29 of usage determines what is charged for the remainder of 30 the year . 31 32 Burt is recommending that the water meters be read 33 quarterly and the sewer charges be determined according 34 to the water meter reading unless there is a separate 35 meter such as Chandler Place . Staff would set R-1 , R-2 , 36 and. R-3 charges at the residential rate and R-4 at the 37 commercial rate. 38 39 Some discussion followed how businesses which consume 40 large amounts of water, such as car washes , could be made 41 more efficient and -less costly. 42 43 Motion by Marks , second by Wagner that staff be charged 44 with bringing to the City Council rates for R-1 , R-2 , and 45 R-3 charges based on residential rates and R-4 charges 46 based on commercial rates and that this be included in 47 the recodification. 48 49 50 Motion carried unanimously 51 52 •53 8 . PUBLIC HEARINGS 54 REGULAR COUNCIL MEETING OCTOBER 8 , 1991 3 PAGE 9 4 5 6 There were no public hearings . 7 8 9 9. NEW BUSINESS 10 11 12 Proposed Election Judges for 1991 City General Election 13 14 Motion by Fleming, second by Enrooth to approve the list 15 of election judges for the 1991 City General Election as 16 noted on the memo dated October 8-, 1991 from the City 17 Clerk . 18 19 20 Motion carried unanimously 21 22 23 24 Award of Bid for Kenzie Terrace Sidewalk Project - 25 Resolution No. 91-046 28 The City Manager advised that the last time this type of 29 project went out for bids there were more bidders . 30 31 Copies of the resolution were distributed at the Council 32 Meeting. 33 34 Motion by Marks , second by Ranallo to adopt Resolution 35 No. 91-046 ; being a resolution accepting bid in the 36 matter of Kenzie Terrace sidewalk construction. 37 38 R & D Enterprises , Inc . of Roseville, Minnesota was the 39 low responsible bidder in the amount of $17 , 055. 00 . 40 41 42 Motion carried unanimously 43 44 45 Ordinance No. 1991-007 , Re: Amendment of Fence Ordinance 46 ( lst Reading) 47 48 Mayor Ranallo stated he has had several conversations 49 with the City Manager and the City Attorney regarding 50 fences in the community and the guidelines to be considered. The City Attorney has reviewed the material and minutes 54 of meetings which dealt with a recent fence variance 1 REGULAR COUNCIL MEETING 2 OCTOBER 8 , 1991 3 PAGE 10 4 5 6 7 request . The height of this fence was of some concern to 8 members of the City Council and of the Planning 9 Commission . They felt this could become a trend if it 1.0 were not specifically addressed in a fence ordinance. it 12 To avoid any further concern- with this matter, the City 13 Attorney added to the amendment of Section 340 . 10 an 14 exception for height for only that which is affixed to a 15 deck and is measured from the elevation of the raised 16 deck. He felt this. exception would control heights of 17 fences which run the length of the property. 18 19 The City Attorney also addressed hardships on variances 20 and the criteria which must be met . The conditions for 21 finding hardships are addressed by State statute . He 22 noted that some City Councils interpret hardships as 23 inconveniences . During the last Legislative Session a 24 bill was introduced to relax the definition. The bill 25 failed. 26 27 It was the opinion of the City Attorney that the 28 interpretation should be kept rather narrow for fence 29 heights and a provision should be added to the fence 30 ordinance which allowed for "special permits . " 31 32 Mayor Ranallo referred to the Preussner situation which 33 granted a variance due to the problems experienced in the 34 back portion of the lot . The City 'Attorney felt it is 35 important to recognize something unusual or unique before 36 granting a variance. 37 38 Motion by Marks , second by Wagner to approve the first 39 reading of Ordinance No. 1991-007 being an ordinance 40 pertaining to fences which are constructed as part of a 41 raised deck; amending Section 340 . 10 , Subd. 10 of the 42 1973 Code of Ordinances . 43 44 45 Motion carried unanimously 46 47 48 The City Manager advised the Council that some thought is 49 being given to a request of the J.C. Penney Company at Apache 50 Shopping Center to include their name on the sign at the 51 Center which now exclusively used by Herberger ' s . 52 53 Councilmember Wagner recalled that Apache agreed to the sign 54 on a one-time only use basis . It was felt that to include another REGULAR COUNCIL MEETING 2 OCTOBER 8 , 1991 3 PAGE 11 4 5 6 store ' s name on the sign would be unlikely. 7 8 9 10 . UNFINISHED BUSINESS 10 11 Councilmember Wagner referred to the article written by 12 Don Slater, Executive Director of the League of Minnesota 13 Cities , in the recent edition of the League' s magazine . 14 The article addressed Tax Increment Financing and 15 Councilmember Wagner felt it had some merit . Mayor 16 Ranallo thought there were some exceptions . 17 18 11 . ADJOURNMENT 19 20 Motion by Marks , second by Enrooth to adjourn the meeting 21 at 8 : 25 p.m. . 22 23 24 Motion carried unanimously 5 28 29 30 Respectfully submitted, 31 32 33 34 Jo-Anne Student , Council Secretary 35 36 37 38 39 Mayor Clarence Ranallo 40 41 42 43 ATTEST: 44 City Clerk 45 46 47 48 49 50 53 54 LAW OFFICES STATEMENT OF ACCOUNT HANCE & LEVAHN SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE: October 7, 1991 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS,MINNESOTA 55418 PLEASE DETACH AND RETURN THIS Thomas D. Burt, City Administrator PORTION WITH YOUR REMITTANCE. City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 AMOUNT REMITTED $ (M) a RE: Village Prosecutions -------------------------------------------- DATE DESCRIPTION • $ 0 .00 PAYMENTS CREDITS & ACCOUNT ADJUSTMENTS UNPAID PREVIOUS BALANCE FINANCE CHARGE PROFESSIONAL SERVICES 2, 400 .00 Legal services rendered for the month of October, 1991, relative to St. Anthony prosecutions . CURRENT FEES NEW BALANCE DUE $ 2, 400 .00 MINIMUM PAYMENT DUE $ Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater-than$1.00,with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 19/91 13:58 Check Register GL540R-VO4.07 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT _LIQR .LIQUOR CHECKING ACCOUNT____ _ .00005 A-1 ROOTMASTER 1597 10/11/91 48.00 _---004009__ AETNA LIFE &_CASUALTY 159_8_10/11/91 _ 1 ,035.87 004013 AMBASSADOR SAUSAGE CORP 1599 10/11/91 52_.80 004015 AMERICAN LINEN SUPPLY CO 1600 10/11/91 596.28 004016 AMERICAN RISK _ SERV_IC_ES _ 1601 1 0/1 1/91 273.00 004025 APACHE PLAZA 1602 10/11/91 919.66 004026 APACHE PLAZA MERCHANTS 1603 10/11/91 118.00 .00001- BRIN NORTHWESTERN GLASS 1604 10_/11/91_ _ 316. 58 004060 CARLSON TRUE VALUE 1605 10/11/91 12.90----- .00003 CHARLES KALUZA 1606 10/11/91 150.00 004068 CHESLER/HARVEY _ _ 160710/11/91 150.00 004080 CITY COUNTY FED CREDIT U 1608 10/11/91 110.00 004094 COAST TO COAST #997 1609 10/11/91 9.86 -004095-__ COCA COLA_ BOJ - _NG _ _ 16_10 -10/11191 1 ,516.75 _ .00006 COMM. OF REVENUE 1611 10/11/91 961 .03 004100 COMMISSIONER OF REVENUE 1612 10/11/91 25,736.63 004109-__ DENTICARE_.--._ ___-_- _ 1613_1-0-/11/91 _ 14.00 004120 EAGLE WINE CO 1614 1011/91 1 ,205.52 004125 EAST SIDE BEVERAGE CO 1615 10/11/91 26,096.60 04118.__ _EMS MUSIC-INC----.--- 1616 10/_191 04139 FARMER BROS CO 1617 10/11/91 99.74 004311 FIRST BANK 1618 10/11/91 2,022. 55 _-_004410- _. FIRSTAR ST, ANTHONY BANK_--- -- 1619 10/11/91 15,000.00------- 004411 FIRSTAR ST ANTHONY BANK 1620 10/11/91 5,000.00 .00008 FIRSTAR ST . ANTHONY BANK 1621 10/11/91 5,659.65 0041.45-_ GANZER-DISTRIBU_T-ORS INC_ __- 1622_10_/11/91 5,670.45 004162 GLENWOOD INGLEWOOD 1623 10/11/91 67.70 .00002 GOPHER ST VENETIAN BLIND 1624 10/11/91 175.00 _--0041-75-_ -GRIGGS COOPER_&_CO__INC _ _ _1625 _10/_11/91 _ 56,473.06 004202 HENN CTY SUPPORT & COLL 1626 10/11/91 83.00 004205 HOME JUICE CO 1627 10/11/91 76.23 004208 _I C _M A__RETIREMENT_ TRUS 1.628 10/11/91 - 40.46___ 004218 JOHNSON PAPER & SUPPLY C 1629 10/11/91 678.94 004220 JOHNSON WINE CO 1630 10/11/91 4 ,962.05 004221 -__ _KASSULKER/REIN-E._- _ 1631 10/1_1_/_91 _ 120.00 004225 KRAFT FOODSERVICE 1632 10/11/91 1 , 157 . 11-- 004230 KUETHER DISTRIBUTING CO 1633 10/11/91 19,498.45 _-004234____ LMCIT _ 1634_ 10/Ij91 159.28_ _ 004261 MANNINGS III 1635 10/11/91 306.37 004265 MARK VII SALES INC 1636 10/11/91 7,057 .21 _.- 004266___ MARKET_ MECHAN-ICAL _ _ _ _ . 1637__ 10411/91 2_70. 50__ _ 004272 METZ BAKING .CO 1638 10/11/91 43.47 004293 MINN BAR SUPPLY 1639 10/11/91 1 ,330.24 -__004295- - MINN _BENEFIT-ASSN___________!_ _1640 10/11/91 _ _ 5.00 _ 004290 MINNEGASCO 1641 10/11/91 2_19.97 4318 NAT FINANCIAL INS CO 1642 10/11/91 17.28 _ 4338__ - NORTH STAR ICE -_. 1643 10/11/91 _ --------- 634 . 74_ 004345 OLD DUTCH FOODS INC 1644 10/11/91 94 .60 s O BRC FINANCIAL SYSTEM ST . ANTHONY VILLAGE 10 /91 13:58 Check Register GL540R-VO4.07 PAGE 2 BANK VENDOR CHECK# DATE AMOUNT LIQR-_LIQUOR CHECK-I-SLG ACCOUNT 004355 PEPSI COLA-7 UP BOTTLING 1645 10/11/91 650.40 00007P-ERA 16446 10/11/91 2,023.78 _ 004360 PHILLIPS AND SONS COMPAN 1647 10/11/91 1 ,847.91 004372 PLUNKETT 'S 1648 10/11/91 114.50 004376__ PRIOR_WINE CO1649_1_0/11/91 - 731 .00 004378 PROFESSIONAL PROCESSING 1650 10/11/91 425.07 .00004 PROGRAMMERS CLEARING HS 1651 10/11/91 179.40 00438.0PUBLIC-EMPLOYEE RETIREME 1652 10/11/91 _ _ 46.36 _ 004385 QUALITY WINE CO 1653 10/11/91 2,408. 13 004390 REX DISTRIBUTING CO 1654 10/11/91 10,069.73 004392--RlCHARDS/_JOHN _ _- - _ _ _ _. 1655 10/11/91_ 80.00 004409 ST ANTHONY MERCHANTS ASS 1656 10/11/91 50.00 004450 STUART DISTRIBUTING CO 1657 10/11/91 322.50 —x.04463 SUPERIOR_P_RODUCTS__MFG CO 1658 10/11/91 45.90 004480 TWIN CITY FILTER SERVICE 1659 10/11/91 124.65 004481 TWIN CITY JANITOR SUPPLY 1660 10/11/91 74.70 --004491_—_UN.ITED--WAY---__-_-_ 1661 10/11/91 3_6.0_0 _ 004494 WASTE MANAGEMENT - BLAIN 1662 10/11/91 475.00^ �I-Q..UOR-CHEC-KnLG-ACC0UNT 206,099.37 *** -- --- --- - - - -- - - --- - --------- -- -- - -- - • CHANGE ORDER No. 1 PROJECT: CHANDLER DRIVE PAVEMENT DATE OF ISSUANCE: OCTOBER 7, 1991 REHABILITATION SAP 161-107-01 OWNER: City of St. Anthony (Name, 3301 Silver Lake Road Address) St. Anthony, MN 55418 OWNER's Project No. 490-004-30 CONTRACTOR: PROGRESSIVE CONTRACTORS,INC. ENGINEER: MAIER STEWART & ASSOC. , INC. 8736 Zachary Lane 1959 Sloan Place Osseo, MN 55369 St. Paul , MN 55117 CONTRACT FOR: CHANDLER DRIVE CONCRETE PAVEMENT REHABILITATION ENGINEER's Project No. 490-004-30 You are directed to make the following changes in the Contract Documents. Description: See Attached Purpose of Change Order: See Attached Attachments: (List documents supporting change) See Attached CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 155,713.00 • days or date Previous C.O. 's No. to No. Net change from previous Change Orders S 0 days Contract Price prior to this C.O. Contract Time prior to this Change Order S 155,713.00 days or date Net Increase (decrease) of this C.O. Net Increase (decrease) of this C.O. $ 24,468.50 days Contract Price with all approved C.O. 's Contract Time with all approved C.O. 's E 179,981.50 days or date CHANGE ORDER NO. 1 • CHANDLER DRIVE CONCRETE PAVEMENT REHABILITATION CITY OF ST. ANTHONY DESCRIPTION Chandler Drive is a concrete surfaced roadway with concrete pavement in need of rehabilitation or replacement. When the concrete removal began it was determined that additional concrete.pavement not shown on the plans is necessary for removal or repair to completely rehabilitate the concrete pavement on Chandler Drive. PURPOSE OF CHANGE ORDER The purpose of this change order is to add to the total contract price the additional cost of removing and replacing the additional concrete pavement and repair the concrete pavement left in place. The following is a listing and description of each bid item increased or decreased from the Contract Bid Quantity. Item No. 1 The spot surface repair (Type B-2A) quantity will be increased from 20 SF to 80 SF. The purpose of the increased quantity is to patch the areas on the concrete pavement where the panels will not to be replaced. This means an increase in the contract price of $1,500. Item No. 2 The contraction joint repair (Type C-3A) bid quantity will be increased from 238 lineal feet to 251 lineal feet. The increase in contraction joint repair is due to the increased concrete pavement replaced. This means an increase in the contract price of $494. Item No. 3 The concrete pavement (Type D) bid quantity will be increased from 2675 square yards to 3290 square yards because -additional concrete pavement, other than shown on plans, needs replacement. This means an increase in the contract price of $22,140. Item No. 4 The structural concrete high early strength quantity will be increased from 62 square yards to .130 square yards. The purpose of this was to provide vehicle access to business and apartment complexes as soon as possible after the concrete was paved. This means an increase in the contract price for structural concrete high early of $680. • • Item No. 5 The 3/8" joint repair (Type A-1 mod.) bid quantity will be increased from 1960 lineal feet to 2190 lineal feet. The purpose of the increased quantity is to cut and seal the joints in the additional. concrete pavement replaced. This means an increase of $230 in the contract price. Item No. 6 The 3/8" longitudinal joint repair (Type A-5) bid quantity will be increased from 2300 lineal feet' to .2942 lineal feet. The increased quantity was caused by the additional concrete pavement replaced and the concrete curb saved in certain areas, creating a joint that must be cut and sealed. Item No. 7 Seal concrete pavement (silicone) bid quantity was increased from 163 pounds to 270 pounds. The increased quantity was caused by the additional joints in the additional concrete pavement placed- and changing the centerline joint from MnDOT 3723 material to silicone. The increased quantity means an increase in contract price of $802.50. Item No. 8 The 8" concrete driveway pavement bid quantity will be increased from 40 square yards to 270 square yards. The purpose of this is to provide driveway aprons • behind the curb for the commercial property and restore the driveway to the Public Works building. This means an increase in contract price of $8,280. Item No. 9 The sodding quantity will be increased from 1000 square yards to 600 square yards. The purpose of this is to restore the area from the curb to the bituminous pavement in front of the Berger Transfer property. This mans an increase in contract price of $2,400. Item No. 10 The subgrade excavation bid item was not needed because after testing, it was found that the subgrade met the requirements in the specifications. Therefore, 1350 cubic yards of subgrade excavation can be deleted from this contract, totaling $8,100. Item No. 11 The dowel bar assembly bid quantity will not be needed. The dowel bar assemblies were eliminated because the existing concrete pavement was not constructed with dowel bars at the transverse joints. This means a deduction in the contract price of $4,600. • ADDITIONS TO TOTAL CONTRACT PRICE O ITEM UNIT NO. ITEM UNIT QTY. PRICE TOTAL 1. Spot Surface Repair (Type B-2A) SF 60 $25.00 $ 1,500.00 2. Contraction Joint Repair LF 13 38.00 494.00 (Type C-3A) 3. Concrete Pavement (Type D) SY 615 36.00 22,140.00 4. Structural Concrete - HE CY 68 10.00 680.00 5. 3/8" Joint Repair (Type A-1 mod.) LF 230 1.00 230.00 6. 3/8" Longitudinal Joint Repair LF 642 1.00 642.00 (Type A-5) 7. Seal Concrete Pavement (Silicone) LBS 107 7.50 802.50 8. 8" Concrete Driveway Pavement SY 230 36.00 8,280.00 9. Sodding SY 600 4.00 2,400.00 TOTAL INCREASE IN CONTRACT PRICE $37,168.50 DELETIONS TO TOTAL CONTRACT PRICE ITEM UNIT NO. ITEM UNIT QTY. PRICE TOTAL 10. Subgrade Excavation CY 1350 $ 6.00 $ 8,100.00 11. Dowel Bar Assembly LF 1150 4.00 4,600.00 TOTAL DECREASE IN CONTRACT PRICE $12,700.00 TOTAL NET INCREASE IN CONTRACT PRICE DUE TO CHANGE ORDER NO. 1 $24,468.50 O CITY OF ST. ANTHONY ORDINANCE 1991-0 0 7 AN ORDINANCE PERTAINING TO FENCES WHICH ARE CONSTRUCTED AS PART OF A RAISED DECK; AMENDING SECTION 340.10, SUBD. 10 OF THE 1973 CODE OF ORDINANCES The City Council of the City of St. Anthony ordains: Section 1. Section 340.10, Subd. 10 of the 1973 Code of Ordinances is amended to read as follows: Subd. 3. No fence shall be over 6 feet in height, and no fence in a front yard shall be over 4 feet in height. Height shall be measured from the natural grade, except that the height of a railing, wall, fence or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for rthat portion which is affixed to the raised deck. Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. First Reading: October -8, 199.1 Second Reading: October 22, 1991 Adopted: Mayor ATTEST: City Clerk Published: St. Anthony Bulletin on the day of ' 1991.