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HomeMy WebLinkAboutCC MINUTES 09131977 Meeting Sheet I IIIIII VIII VIII VIII VIII VIII IIII IIII 105569 Box: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 09131977 • CITY OF ST. ANTHONY COUNCIL MINUTES September 13 , 1977 The meeting was called to order at 7: 36 p.m. by Mayor Miedtke following the interview of Planning Board candidates . Present for roll call: Sauer, Stauffer, Miedtke and Sundland. Absent: Haik (arrived at 7: 37 p.m. ) Also present: Jim Fornell, City Manager Larry Vickrey, City Attorney The minutes for the August 23, 1977 Council meeting were corrected as follows: Page 4, Paragraph 4 : Mr. Soth answered Councilman Sauer's question of whether the assessment • amount. . . "could be adjusted after the Public - Hearing by saying the gross amount could probably only be adjusted by changing the amounts assessed to each parcel . Mayor Miedtke preferred determining the gross assessment amount" . . . through a line by line consideration Motion by Councilman Sundland and seconded by Councilman Sauer to approve the August 23, 1977 minutes as corrected. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to adopt Resolution 77-044. RESOLUTION 77-044 A RESOLUTION REQUESTING A SET OF BOCCE BALLS Motion carried unanimously. Motion by Councilman Sauer and seconded by Councioman Stauffer to adopt Resolution 77-045. • RESOLUTION 77-045 A RESOLUTION SUPPORTING THE CONCEPT OF A JOINT POWERS AGREEMENT FOR THE PROVISION OF PUBLIC HEALTH SERVICES IN THE CITY OF ST. ANTHONY Motion carried unanimously. Mr. Vickrey reported that his office had received most of the material necessary for the final platting of the Penrod Addition and although a few title problems remained, he anticipated they could be easily cleared in a short time. Councilmen Haik and Sundland wanted these questions solved before taking further action on the P.U.D. for the Hedlund property. Motion by Councilman Haik and seconded by Councilman Sundland to table action on the Final Plat review for the Hedlund P.U.D. Voting on the motion: Aye: Haik and Sundland Nay: Sauer, Stauffer and Miedtke Motion to table not carried. • Gordon Hedlund arrived accompanied by Thomas Brickner of Brickner Builders, 6245 Ben More Drive, who he said was interested in purchasing the entire section of the P.U.D. which had been designated as Residential. Mr. Hedlund contended the questions regarding title were minor and re- quested the plat be filed in the interest of saving time which he felt was running out for this construction season. The Attorney was con- cerned with relying on the County for clearance, however. Motion by Councilman Sundland and seconded by Councilman Stauffer to approve the final plat for Penrod Addition subject to review by Mr. Fornell and the Attorney with the City Clerk and Mayor directed not to sign the plat until these two have indicated their approval . Motion carried unanimously. Mr. Brickner then indicated this opposition to the chain link fence which is required in the P.U..D. to separate the residential from commercial areas. He felt such a fence would detract from the saleability of the homes in the price range which he intends to construct on that tract. He said he would prefer to give each purchaser a choice of type of fencing. The developer also thought "having two types of fencing or screening together would be ugly" . Considering the variation in grade elevations of the tract he felt the chain link fence was also not practical. Mr. Fornell said the Planning Board's reasons for requiring the chain link fence was to prevent the use of the residential property for a (2) • pedestrian access route to the commercial areas on both sides of Silver Lake Road but that some other type of barrier may prevent such access . Councilman Haik felt the fence would also serve as a barrier to trash from the commercial -area and objected to starting to change the require- ments so soon after they had been worked out with the developer. Councilmen Sundland and Stauffer agreed with her that some sort of con- sistent fencing should be retained. Motion by Councilman Stauffer and seconded by Councilman Haik to waive IV C of the Screening and Landscaping Component of the Hedlund P.U.D. which requires a chain link fence between the residential and commercial development on the condition an alternate consistent type of fencing is provided which will create an aethestic, physical and visual barrier to pedestrian traffic through the residential development along Penrod Lane. Motion carried unanimously. The Mayor then opened the Public Hearing on setting assessments on Street Improvement Project 1976-2 at 8 :00 p.m. , which he immediately recessed to hear the remainder of Mr. Hedlund 's presentation. This consisted of a request from Mr. Hedlund that VI B of the Scheduling Component of the P.U.D. which required four homes to be under construc- tion before any commercial is begun be eliminated in view of the change in ownership of .the residential tract. The Council was adamant about not waiving these requirements and no further action was taken. The Public Hearing was reconvened at 8 : 05 p.m. and when no one appeared to speak for or against setting the assessment rolls for the benefited property for Street Improvement Project 1976-2, the hearing was closed at 8:06 p.m. Motion by Councilman Sauer and seconded by Councilman Haik to adopt Resolution 77-043 which sets the amount to be assessed against the benefited property at 2401 Silver Lane for Street Improvement Project 1976-2 at $996. 61 which is to be paid off in ten years with an interest rate of 6% established for the unpaid balance. RESOLUTION 77-043 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT 1976-2 Motion carried unanimously. Mr. Fornell presented the rough sketch prepared by the Public Works ' Department for the shelter/storage/lavatory building proposed to be erected with Community Development funds in Central Park and discussed Larry Hamer' s memorandum in which he projected the costs and methods of • constructing the shelter. The Acting Manager said that because Hennepin (3) • County had failed to complete the last step in the required environmental impact review the project would probably be delayed for another four weeks but every effort would be made to complete it during the short time remaining in this construction season or to start it first thing next spring. Mayor Miedtke was concerned that the building should be aesthetically compatible to the homes in the neighborhood and suggested it might be worth an investment of $500 . 00 or so to have the building design reviewed by an architect. Motion by Mayor Miedtke and seconded by Councilman Sauer to authorize the expenditure of not more than $500 . 00 to seek the advice of Construc- tive Design Architects whether the building proposed to be erected in Central Park can be done so with an expenditure of between $7,000. 00 and $9 ,000 . 00 and yet which will fulfill its functional purposes and at the same time be aesthetically compatible to the neighborhood. Motion carried unanimously. Councilman Sundland, who is chairman of the Kiwanis Peanut Day in St. Anthony and his fellow Kiwanian, Gerry Ballott, distributed peanuts to those present and requested their organization be allowed to utilize this method of soliciting donations on the City streets September 30th with the proceeds of the fund raiser to be devoted to the civic enter- prises listed by the Councilman. • Motion by Councilman Stauffer and seconded by Councilman Haik to author- ize the St. Anthony Kiwanis Club to distribute peanuts and accept donations on the streets of St. Anthony September 30th as long as the procedures for such a solicitation established by the Council in the past, are followed. Motion carried unanimously. Leonard Bisanti, Chairman of the Club facilities for the St. Anthony Village Legion Post #513, along with approximately 20 other Legion and Auxiliary members appeared to discuss the club' s request they be granted a Club Liquor license for their bar operation for which they now have a Bottle Club license. Mr. Bisanti said the group felt their two years ' experience with the latter disproved the contention that the organiza- tions serving liquor to its members and guests would have an adverse effect on the municipal liquor store 's gross sales which had increased in that time. He then told how the club would operate so that no one but Legion members and their guests would be served if the expanded license was granted Mayor Miedtke suggested the requested license be granted with the understanding that it could be reviewed to ascertain whether this guaranty had been kept and to evaluate the effect on the municipal liquor operation. However, later in the evening the Attorney said "once the license is granted it can only be revoked for ' just cause ' " . • The meeting was recessed from 8 :40 p.m. to 8 : 55 p.m. for research of the City's records to ascertain the effective date of the post's bottle (4) • license which Mr. Fornell reported runs from March 15th to March 15th. The fee paid for this license was $300 .00 and it was agreed that the Club Liquor license fee to be determined later should be paid in addition. Councilman Stauffer said she had not been convinced that conditions had changed to any great extent since the Council had refused the same re- quest by the Legion two years ago and felt it was the Council 's duty to preserve the low tax rate which is a result of favorable liquor store revenues. She was also concerned that setting such a precedent might lead to similar requests from other civic organizations. Mr. Bisanti responded to this by saying "the Legion is the only such organization who can qualify for such a license because it has been in existence for 15 years" . Motion by Councilman Sauer and seconded by Councilman Sundland to tempor- arily table action on the Legion request to enable the post's officers to submit the formal application for the license. Motion to table carried unanimously. Mr. Fornell said the oversight by Hennepin County to complete the re- quired environmental assessment required for the release of Community Development funds for the park improvements projects would also result in a delay of four weeks in the tree planting project for which C.D. funds were to be used. It was his suggestion that the tree plantings in Ramsey County could go ahead if Public Works funds were authorized for • such a project and the C.D. funds when they could be released, could be used for such plantings in Hennepin County. Motion by Councilman Sauer and seconded by Councilman Sundland to authorize the expenditure of up to $3, 000. 00 from Public Works funds for tree plantings with the size and location of the trees to be left to Mr. Fornell 's discretion. Motion carried unanimously. The North Memorial report of services to City patients was filed. The Council discussed the proposed tennis courts which seem to be eligible for Community Development funding on the Well House #5 property on Silver Lane. Mayor Miedtke and Councilman Stauffer expressed their concern with "squeezing the courts into such a limited space just because the funds are available" as well as "possible traffic generation at an already con- gested corner" . Councilman Haik could foresee no more than two cars being parked at the courts at any one time. Motion by Councilman Haik and seconded by Councilman Sundland to direct • the Acting City Manager to submit an application for Community Develop- ment Block Grant funds to be used for a tennis court located on the Well #5 property. (5) r • Voting on the motion: Aye: Haik, Sundland and Sauer Nay: Miedtke and Stauffer Motion carried. The Legion Post request was then taken off the table and application for a club liquor license submitted by Legion officers. Motion by Mayor Miedtke and seconded by Councilman Sundland to grant a Club Liquor license to Legion Post #513 with a license fee of $100.00 set in addition to the $300. 00 paid by the post for a Bottle Club license and on the condition that the physical facilities at the club 's 2701 Kenzie Terrace address are not expanded to increase the liquor dispensing operation. Before a vote on the motion was taken, Mr. Vickrey raised the question of whether the City had the authority to issue such a license and the matter was again tabled so he could further research the matter. The August Fire and Police Department reports were filed. Councilman Sundland reported he had been appointed to an intergovern- mental group and would be attending a seminar for which he anticipated incurring an expenditure of $10. 00. Mr. Fornell reported the St. Anthony Jaycees had approached him regarding their use of the old city hall for meetings but said the group were seeking permission to have liquor during these meetings. It was the consensus of the Council that the existing City policy of prohibiting of alcoholic beverages for such purposes should be retained. Motion by Councilman Sundland and Councilman Sauer to grant all licenses listed in the September 13, 1977 Agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to grant a heating license to Lawrence Havens , Wiota Car Wash. Motion carried unanimously. Motion by Council Sauer and seconded by Councilman Stauffer to approve payment of all Verified Claims listed in the September 13, 1977 Agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to approve payment of $1, 824 . 50 to the Dorsey Firm for legal services during July, 1977. • Motion carried unanimously. (6) r Motion by Councilman Sauer and seconded by Councilman Stauffer to ap- prove payment of $17. 60 to McCombs-Knutson for engineering services. Motion carried unanimously. Mr. Vickrey said he had been unable to verify the City' s authority for granting the requested Post #513 license. Motion by Mayor Miedtke and seconded by Councilman Stauffer to table until the next Council meeting action on the Legion request for a Club Liquor license for further legal clarification. Motion carried unanimously. Council members discussed the qualifications of the candidates for the opening on the Planning Board who they had interviewed before the meeting. Councilman Haik said since she was unable to be present for the inter- views, she felt she should abstain fromthe appointment vote. Motion by Councilman Sauer and seconded by Councilman Stauffer to appoint Richard Klick, 3405 Harding Street N.E. , to serve on the Planning Board. Voting on the motion: • Aye: Sauer, Stauffer, Sundland and Miedtke Abstention: Haik Motion carried. Mr. Fornell left the meeting at 9 : 50 p.m. for the discussion of the selecton of a Citv Manaaer. The Council discussed the favorable im- pression his work had made on them since he undertook the Acting Manager's position in July and felt this gave him a decided edge over the other finalists named by the Manager Selection Committee. Motion by Councilman Sundland and seconded by Councilman Haik to appoint Jim Fornell to the position of City Manager, effective September 13, 1977, and to appoint Council members Haik, Sundland and Sauer to negoti- ate salary and benefits with him. Motion carried unanimously. Mr. Fornell returned to the meeting at 10: 10 p.m. and was informed of their decision. Councilman Haik left the meeting at 10 :11 p.m. Motion by Mayor Miedtke and seconded By Councilman Sundland to adjourn • the meeting at 10 :10 p.m. Motion carried unanimously. (7) I ` s Mayor ATTEST: City Clerk • (8)