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HomeMy WebLinkAboutCC MINUTES 11131979 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII 105890 Box: 36 Folder: CC MINUTES AND AGENDAS 1979 Document: CC MINUTES 11131979 . _ r3oot CITY OF ST. ANTHONY COUNCIL MINUTES November 13 , 1979 The meeting was called to order at 7 : 30 p.m. by Mayor Haik. Present for roll call: Sauer, Sundland, Ranallo, Letourneau and Haik. Also present: Jim Fornell, City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; and Larry Hamer, Director of Public Works. Motion by Councilman Sundland and seconded by Councilman Sauer to approve as submitted the minutes for the Council meeting held on October 23 , 1979. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve the minutes for the special meeting 'of the Council held November 6 , 1979 . Motion carried unanimously. Mayor Haik and the Chairman of the Chemical Abuse Information Committee . had not been informed as to the appointment of Bernard Webber to that Committee. Councilman Ranallo said Mr. Webber did attend the Committee meeting on November 12 . Motion by Councilman Sundland and seconded by Councilman Ranallo to adopt the resolution which modifies the 1979 budget to allow trans- fer of an excess of receipts in the Miscellaneous Revenues fund to the account paying for the Comprehensive Plan. RESOLUTION 79-072 A RESOLUTION MODIFYING THE 1979 BUDGET Motion carried unanimously. Mr. Fornell reported the City Attorney had found the final 911 plan to be in order and told the Council the City is not bound to finan- cially participate in the program except perhaps through costs in- curred by the Sheriff ' s Association, most of which are paid from grants. Motion by Councilman Sauer and seconded by Councilman Sundland to adopt the Resolution 79-073 . RESOLUTION 79-073 A RESOLUTION RECOMMENDING THE FINAL 911 PLAN Motion carried unanimously. -2- Mr. Hamer explained that the resolution which adopts the shade tree program budget for sanitation and replanting for 1980 is required for a Department of Agriculture grant application. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 79-074 . RESOLUTION 79-074 A RESOLUTION PROVIDING A SHADE TREE PROGRAM BUDGET FOR 1980 Motion carried unanimously. The new purchase order policy he is recommending should improve control, yet reduce unnecessary paperwork for the staff, according to Mr. Fornell. Motion by Councilman Sundland and seconded by Mayor Haik to adopt Resolution 79-075. RESOLUTION 79-075 A RESOLUTION APPROVING THE PURCHASE ORDER POLICY FOR THE CITY Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Sauer to adopt the resolution which authorizes the City' s participation in the Criminal Justice Datacommunications Network terminal. RESOLUTION 79-076 A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE CJDN AGREEMENT Voting on the motion: Aye: Ranallo, Sauer, Haik and Letourneau Abstention: Sundland Motion carried. The City Attorney reiterated some of the points made in his October 11, 1979 review of the proposed plat for the Blanske Addition empha- sizing the necessity of rezoning or subdividing Lot 1 if any use other than R-1 of that parcel is contemplated. He also said Mr. Blanske will only have to grant a five foot easement on the south line to bring the easement width into conformance with the City ordi- nance. All delinquent taxes on the property have been paid, Mr. Berg reported. -3- Motion by Councilman Letourneau and seconded by Councilman Sauer to adopt Resolution 79-077 . E RESOLUTION 79-077 A RESOLUTION APPROVING BLANSKE 'S ADDITION Motion carried unanimously. Motion by Councilman Ranallo and seconded by Mayor Haik to adopt the resolution rescinding Resolution 79-062 which in part was a duplica- tion of a prior application of funding for Water Improvement Project 1979-002 . RESOLUTION 79-078 A RESOLUTION RESCINDING RESOLUTION 79-062 Motion carried unanimously. Some concern regarding what the City' s responsibilities will be under the joint powers agreement for participation in the Inter-Agency Special Investigation Squad was expressed by Councilman Letourneau, but he was told the City is not anticipated to use many of its re- sources and Councilman Sundland said he views this as no different than the mutual aid arrangement for the Fire Department. An insur- ance rider to specifically cover the City under such an agreement was recommended by Mr. Soth who said the agreement was "legal and • permissible for the City" , especially since no financial obligations are undertaken and the City can easily get out of the agreement at any time. Motion by Councilman Ranallo and seconded by Councilman Sundland to adopt Resolution 79-079 . RESOLUTION 79-079 A RESOLUTION FOR THE CITY TO JOIN I .S. I .S . Motion carried unanimously. During his conference with the Minneapolis Park Board regarding the reconstruction of the bridge over the Burlington Northern Railroad tracks on St. Anthony Boulevard, the Manager will request a copy of the specific transmittal which spells out the railroad' s responsibility for the bridge. Motion by-Councilman Sauer and seconded by Councilman Sundland to adopt Resolution 79-080. RESOLUTION 79-080 A RESOLUTION REGARDING BRIDGE NO. L9074 Motion carried unanimously. • -4- The question whether the existing City Shade Tree Ordinance should be repealed or revised with the adoption of the model firewood or- dinance required by the state for obtaining grants for the shade tree program led to the Council decision to approve only the first reading of the new ordinance with a request for further recommenda- tions from staff before the next reading. Motion by Councilman Ranallo and seconded by Councilman Sundland to approve the first reading of Ordinance 1979-007 . ORDINANCE 1979-007 AN ORDINANCE OF THE CITY OF ST. ANTHONY ESTABLISHING A SHADE TREE PROGRAM PROVI- DING REGULATION FOR THE CONTROL OF CER- TAIN DISEASES AFFECTING TREES, INCORPO- RATING AGENCY RULES AND REGULATIONS, AND PROVIDING FOR PENALTY FOR VIOLATION THERE- OF. Motion carried unanimously. Mr. Fornell ' s October 30 memorandum explained how an oversight by City Staff had resulted in the Northgate Motel not being charged the same increase in sewer rates put into effect for the rest of the City in 1977 and continuing to pay $.38 per cubic foot, excluding swimming pool water consumption, until the oversight was recently • discovered. The City estimates the motel has been undercharged $1,188 through September 1979 , when the swimming pool was eliminated. Mr. Williams, who said he had bought out the previous owner of the motel, Steve Chamison, appeared with Mr. Chamison to question the charges. The City Attorney told him the City does not feel the motel should benefit from the error, but should have paid the increased rate the same as everyone else in the City has since 1977 . However, because Mr. Williams was not furnished with the same data the Council had explaining the error, it was agreed no policy regarding the Northgate' s bill would be made until the staff can sit down with Mr. Williams and Mr. Chamison to attempt to clarify the problem for them. The matter will be placed on the Council ' s December 4 Agenda. Peter Leba, 3316 Edwards Street N.E. , requested action by the Council on the ruling against the City recently handed down regarding the Johnson Wholesale Florist lawsuit be tabled until the florist ' s neigh- bors are notified such action is- being -taken. I-n spite of--the advice" -from the special attorney retained in this case that the City not appeal this ruling, Mr. Leba felt he and other neighbors who had been involved in the controversy surrounding the proposed expansion of the florist operation beyond the property' s existing zoning should be allowed input during any decision making. Mayor Haik read the directions from the Court to the City "to issue • to the defendant-petitioner (Johnson) a building permit as applied for and to take all further steps which may be necessary to allow the defendant to complete its proposed business expansion on its -5- St. Anthony business property" . She also read the portion of the • ruling which poses the possibility of damages against the City if it "should unreasonably delay to comply" with the Court' s direction. The special attorney will be consulted as to whether the intense lighting of the Johnson operation had been brought up during the litigation or whether a judgment can now be sought. The Council had been informed- by the attorney that the Johnsons had indicated a willingness "to comply with reasonable commercial restrictions" . It was agreed that the same property owners who had been notified of the public hearings on the Johnson expansion plans should also now, as a courtesy, be informed when a building permit will come before the Planning Commission for review as to the proposed addition' s conformance with the City Zoning Ordinance. In addition, the Manager also confirmed that staff will review final site plans as to their conformance to the City zoning requirements for setbacks, parking and land area coverage, and will schedule any public hearings should variances be required which process will require notification of the neighboring property owners. Interested persons will also be kept informed of any actions taken by the City regarding the expansion through news stories in the St. Anthony Bulletin. Information on the lighting requested by the Council will be brought to them at their December 4 meeting. The steps taken by the City and the proprietor of the St. Anthony Fun Center to assure underaged children are not hanging around that establishment after the 10 p.m. curfew, were outlined in Mr. Berg ' s • November 7 memorandum. At the Mayor' s request, he will inform par- ents who have complained about the operation of these actions. The 1980 salary structure for non-union employees as proposed by the Stanton Associates was considered with Councilman Ranallo questioning whether the 7. 5 percent structure raise might not meet the President' s guidelines. Mr. Fornell assured him that figure represents only a "benchmark" ; there is every indication the guidelines are being changed upwards by the government, and this does not mean the salary increases will average 7. 5 percent. Motion by Councilman Sundland and seconded by Mayor Haik to approve the 1980 salary structure proposed by Stanton Associates. Motion carried unanimously. The proposal from Short-Elliott-Hendrickson, Inc. for a preliminary project study_ at a cost of $9_,_800 for---the bituminous-overlay/restora- - tion program encompassing two miles of MSA streets, plus about nine miles of City Streets to be undertaken next spring, was discussed with Richard E. Moore of that firm. Mr. Fornell reiterated the con- cerns stated in his October 30 memo that an indepth study of the cost and financing questions involved be made with perhaps a municipal financial consultant retained as well. The Public Works Director answered questions about the project, telling the Council the process • proposed should produce rejuvenated streets which should require no further work for at least five years. He said the entire blacktop network in the City will be included in the project. -6- Motion by Councilman Sundland and seconded by Councilman Sauer to authorize the preliminary project study of St. Anthony streets as proposed by Short-Elliott-Hendrickson, Inc. �? Motion carried unanimously. The same engineering firm had submitted a proposal for a study of the City' s sanitary sewer system which is served by the Minneapolis sewer system which will be directed towards further relief of the sanitary sewer flooding within the St. Anthony system. Michael Kramer and Donald Lund, representing Short-Elliott-Hendrickson, Inc. , discussed the proposal agreeing the first step in the study should be to ascertain whether concurrence with the additional diversion into the Minneapolis system at St. Anthony Road is possible to obtain from Minneapolis officials and the p project stopped if an agreement is not reached. Mr. Fornell wanted the engineers to quantify the benefit, if feasible, the City could reasonably expect from such a diversion. Motion by Mayor Haik and seconded by Councilman Letourneau to accept the October 15 proposal from Short-Elliott-Hendrickson, Inc. for a study of the City' s sanitary sewer diversion into the Minneapolis system. Motion carried unanimously. j In his memorandum of November 8, Mr. Fornell cited the indications • made in the 1978 audit of the City by the George M. Hansen Company i that the City has made some positive improvements in the financial management. He recommended that firm be again retained for the 1979 audit at a cost not to exceed $7, 500 with the City Clerk-Treasurer undertaking a little more of the preparatory work. I Motion by Councilman Sundland and seconded by Councilman Ranallo to accept the George M. Hansen Company proposal for the 1979 audit at a fee of $7,500. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to refer the letter from Ann Grassman, 2608 Murray Avenue N.E. , re- garding a fence ordinance for the City, to the Planning Commission. Motion carried unanimously. Motion--by Councilman-Sauer- -and seconded by Councilman -Sundland to direct staff to prepare an ordinance which modifies the parking size I requirements of the existing ordinance to a minimum size of 9 x 19 i feet, as recommended by the Administrative Assistant. Motion carried unanimously. There was Council consensus that number three of the cost allocation method (flat rate for residences with discounts for apartment dwellers and senior citizens), as presented in Mr. Fornell ' s November 9 memo, should be utilized to achieve the necessary sewer charge increase; and the additional data they requested will be presented by the staff for their consideration at the next Council meeting. -7- Motion by Councilman Letourneau and seconded by Councilman Sauer to grant the heating and motor starting and towing licenses listed in the November 13, 1979 Agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to approve payment of all Verified Claims listed in the November 13 , 1979 Agenda. Motion carried unanimously. Mr. Hamer discussed with Councilman Letourneau complaints the Council- man had received regarding the discarded concrete and fire hydrants left lying around after the Walbon Construction Company had finished the replacement of the water line along Stinson Boulevard. In his November 8 memo, the Public Works Director had recommended the Walbon Company be paid for the work completed with ten percent of the cost retained by the City, plus the performance bond of $55, 566, to assure the black dirt and sod are replaced in the spring, as requested by the residents. Motion by Councilman Sauer and seconded by Mayor Haik to approve payment of $28 ,538. 92 to Walbon Construction Company for their work on Water Project 1979-002. I Motion carried unanimously. • Motion by Councilman Sauer and seconded by Councilman Sundland to approve payment of $530 to Stanton Associates, Inc. for their ser- vices in updating salary ranges, survey data, and a merit increase guide chart for all noncontractual City personnel. j Motion carried unanimously. Reports Councilman Ranallo relayed tho request from the Chemical Abuse Infor- mation Committee that three more persons be appointed to serve on their committee and their questioning whether Jan Stroom had been officially appointed. New officers are Donna Stauffer, Chairman; Dick Carlson, Vice Chairman; and Irene Lund, Secretary/Treasurer, j he reported. Motion by Councilman Ranallo and seconded by Councilman Letourneau to appoint-- Hal Gray, Denise-Grupa and Mike Jacobs to serve on the Chemical Abuse Information Committee. Motion carried unanimously. The Councilman then told the Council the Committee does not believe there is sufficient Police Department presence visible at school events, which the Community Services Officer has suggested might be • provided by a police intern or reserve officer who might establish better rapport with the students to allay their impression of the Police Department as a "Gestapo-type operation rather than a source students may go to for help" . -8- Councilman Sundland and Mayor Haik reported meeting with the St. Anthony Gardenettes regarding a new identification sign for the park area developed by the City garden clubs at the intersection of St. Anthony Boulevard and Highway 88 . Mr. Hamer suggested a flat sign with identification on both sides might be erected on the northern edge of the site with the exact wording to be decided by the garden club membership. He then reported on the rebuilding of Highcrest Road saying the project will not be completed until spring, but a base is down for the winter. Staff was requested to inquire as to the additional data being developed by Al Perez for the noise level study developed for various City streets. The Mayor informed the Council the sodding around the expansion of American Monarch' s operation will not be done until spring. She also announced a planning seminar will be held December 13 and 14 . Various means of providing the City residents with greater accessi- bility to their elected officials were discussed with failure of previous attempts to attract interest cited. Mr. Marks, who will serve on the Council in 1980, suggested an open house for new resi- dents, which was acceptable to the Council although his suggestion that the event be held jointly with the School Board was not viewed as advisable since prior experience had indicated such joint meetings only further confuse city and school responsibilities in the minds of the residents. New residents will be invited to meet informally with the Council at 6 : 30 p.m. prior to the Council ' s organizational meeting in January. Motion by Councilman Letourneau and seconded by Mayor Haik to adjourn the meeting at 9 : 50 p.m. Motion carried unanimously. Mayor ATTEST: City Clerk Reviewed for Adm'nistr Cit M ager i