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HomeMy WebLinkAboutCC MINUTES 01091979 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iossao Box: 36 Folder: CC MINUTES AND AGENDAS 1979 Document: CC MINUTES 01091979 CITY OF ST. ANTHONY COUNCIL MINUTES January 9 , 1979 The meeting was called to order by Mayor Haik at 7: 30 p.m. Present for roll call : Letourneau, Ranallo, Haik, Sundland and Sauer. Also present: Jim Fornell, City Manager Ron Berg, Administrative Assistant Bill Soth, City Attorney Carol Johnson, Clerk/Treasurer Don Hickerson/Chief of Police The Manager requested a discussion of subleasing the former city hall be placed under No. 11 of the Agenda. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve the Minutes for the December 20 , 1978 Council Meeting as submitted. Motion carried unanimously. George Marks reported on actions taken by the Planning Board during its meeting December 19 , 1978. Although Gordon Hedlund appeared to request Board consideration of several modifications of the PUD for his property located across from Apache, Mr. Marks said because the presentation did not include a specific proposal which is required as the next step in the PUD, the Board took no formal action on the request. During the discussion of the proposed revision of the City's Sign Ordinance Board members had indicated a willingness to get away from all types of pole signs, the Board representative told the Council, especially since the question has been raised whether a particular type of signage can be legally allowed exclusively for one type of business as gas stations are now singled out in the existing ordinance. Mr. Marks relayed several items of information he had gained from a recent seminar on planning he had attended and urged the Council to attend the next such meeting; He particularly found the discussion on downzoning, procedures to be fol- lowed by planning commissions and suggested methods for municipalities to secure conformance with zoning ordinances as especially helpful. Equally pertinent to current problems faced by the City in its attempt to bring existing zoning into conformance with usage and zoning districts were the conclusions reached by seminar participants that it is preferable to incorporate such changes into the adoption of a Comprehensive Plan. • In this context Mr. Marks said the Board had decided to defer action on the proposed rezoning of eight properties until the City' s comprehensive • planning is formulated and had -tabled consideration of rezoning the pro- perty located on Coolidge Street N.E. and St. Anthony Boulevard which has been scheduled for the January Board meeting. Councilman Ranallo said he approved of this decision citing the Amerman property controversy as an example where the owner had complained he was being singled out for downzoning in the face of many other similar cases of non-conformance throughout the City. Mr. Marks concluded his presentation with a reiteration of the importance of documentation in the minutes of reasons for any official action saying seminar speakers had illustrated numerous instances where municipalities had lost apparently worthwhile litigations because such documentation was lacking. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt the resolution designating the St. Anthony edition of the New Brigh- ton Bulletin as the City legal newspaper for 1979 . RESOLUTION 79-001 A RESOLUTION DESIGNATING LEGAL NEWSPAPER FOR THE CALENDAR YEAR 1979 Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to adopt Resolution 79-002. RESOLUTION 79-002 A RESOLUTION ESTABLISHING MARCH 15, 1979 AS CUT OFF DATE FOR RECEIVING PETITIONS FOR PUBLIC IMPROVEMENTS Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 79-003. RESOLUTION 79-003 A RESOLUTION APPROVING THE SIGNATURE OF THE MAYOR, TREASURER AND THE CITY MANAGER ON ALL DRAFTS DRAWN AGAINST DEPOSITS OF THE CITY OF ST. ANTHONY, MINNESOTA Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to adopt Resolution 79--004. RESOLUTION 79-004 A RESOLUTION AUTHORIZING ENGINEERING HELP FROM MINNESOTA DEPARTMENT OF TRANSPORTATION Motion carried unanimously. (2) • The Clerk/Treasurer said she would not recommend any changes in the de- pository for City funds. Motion by Councilman Ranallo and seconded by Councilman Sundland to adopt Resolution 79-005. RESOLUTION 79-005 A RESOLUTION DESIGNATING DEPOSITORY FOR CITY FUNDS Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Sauer to adopt the resolution designating Robert Sundland to serve as the Mayor Pro Tem for 1979 . RESOLUTION 79-006 A RESOLUTION DESIGNATING MAYOR PRO TEM FOR CALENDAR YEAR 1979 Voting on the motion: Aye: Letourneau, Sauer, Haik and Ranallo Absent-ion: Sundland Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to table action on designating a consulting engineer until the Manager anticipates a need for such action. RESOLUTION 79-007 A RESOLUTION DESIGNATING CONSULTING ENGINEER Motion carried unanimously. Several firms have indicated an interest in serving the City as Attorney for 1979 . Councilman Sundland said that, though he intended moving that the City 's present attorneys, the Dorsey firm be retained for 1979 , he agreed with Mayor Haik that the Council should always be willing to hear from anyone who indicated an interest in serving the City. It was agreed that by adoption of the resolution which designates the Dorsey firm the City was not foreclosing a change at a later date. Mr. Fornell was requested to secure from anyone who should submit a pro- posal to serve as City Attorney a comprehensive resume and set up an inter- view with the person or persons who would actually be doing the City 's legal work. • He said he was satisfied with the Dorsey firm' s performance in the past and pointed out the advantages of a larger firm from which the City can (3) r f • draw on the expertise of those who are knowledgeable in diverse fields such as personnel and bonding. He suggested that one of the responsibilities of a City Attorney should be to anticipate potential areas of liability for the City and provide a diagnosis of the problems which could be foreseen. Consideration should also be given to the transitional costs of changing legal advisors , Councilman Sundland cautioned. Motion by Councilman Sundland and seconded by Councilman Sauer to adopt the resolution retaining the Dorsey Firm as City Attorney for 1979 . RESOLUTION 79-008 A RESOLUTION DESIGNATING ATTORNEYS FOR ST. ANTHONY FOR 1979 Motion carried unanimously. Further discussion of the subject was deferred until after the Public Hear- ing on the Hansen property street vacation which was scheduled for 8:00 p.m. Mr. Soth confirmed that it was appropriate for the vacation of the street to be considered in advance of action on the variances necessary for the lot split and construction of the proposed single family residence near the shoreline of Silver Lake at approximately 4033 Silver Lake Terrace. However he said, realistically, these factors will have to be taken into • consideration in conjunction with the petition for vacation by the City of the western 20 feet of the cul-de-sac which the owner of the property, Elmer (Pete) Hansen has maintained as a part of his front yard for the past ten years which will permit the proposed lot split. Mr. Hansen told the Council he was willing to grant the City a snow storage easement on the affected property if such is deemed necessary and agreed to relocate at his own expense the utility pole which will now serve two of his neighbors after he has his own electric service installed underground. The petition concurring with the vacation and lot split of Mr. Hansen's property for the purpose of a building permit for a single family residence for Mr. Hansen was signed by "100% of the neighbor, owner residents of Silver Lake Terrace" as well as the City Attorney 's confirmation that no lake setbacks are established in the City's Zoning Ordinance were con- sidered before the following: Motion by Councilman Sundland and seconded by Mayor Haik to adopt the re- vised version of the resolution which permits vacating a portion of Olsen's Addition for the Hansen proposal. RESOLUTION 79-011 A RESOLUTION VACATING A PORTION OF OLSENS ADDITION The maker and second of the motion agreed to accept Mr. Ranallo's friendly amendment which made the vacation subject to: 1. The granting of the agreed upon snow storage easement along the affected property by Mr. Hansen. (4) • 2. Relocation of the utility pole in the City's right of way for which Mr. Hansen agrees to assume the cost. 3. Plat and variance approval and issuance of a building permit by the City for the proposed single family home. The amended motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to adopt the resolution indicating concurrence with the amendment to the bylaws for City membership in the Hennepin County Criminal Justice Coordinating Council. RESOLUTION 79-009 A RESOLUTION REGARDING MEMBERSHIP IN THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL Motion carried unanimously. Mr. Fornell reported a slight increase in payment from Hennepin County for winter road maintenance. Motion by Councilman Sauer and seconded by Mayor Haik to adopt Resolution 79-010. RESOLUTION 79-010 • A RESOLUTION APPROVING HENNEPIN COUNTY WINTER MAINTENANCE AGREEMENT Motion carried unanimously. Chief Hickerson said his department viewed the proposed ordinance which will regulate parades and public gatherings as necessary so the police may be alerted well in advance of any such activity so manpower may be in- creased to provide the necessary supervision. The Manager said he could see value in the ordinance if private property is included, with limits. Chief Hic"kerson said there had never been a problem with the high school marching band practices because school officials had followed the practice of alerting the Police Department of band activities on City streets and a squad car usually supervised their practices . Opposing "an Ordinance just for the sake of an ordinance" was Councilman Sauer who wanted to know whether the control of carnivals and conventions were not already addressed in the City' s Zoning Ordinance. The City Attorney said to some extent the ordinance does provide some control by prohibiting some activities but he thought control could be more properly exercised by licensing activities on private property . Motion by Councilman Sauer and seconded by Councilman Sundland to table any action on Ordinance 1978-011 until the next Council meeting when the • Manager and Attorney are requested to provide zoning ordinance information which will allow the Council to put the question into a larger prospective. (5) Motion carried unanimously. Council members then discussed with the Police Chief and Manager the numerous complaints they had received regarding what residents viewed as "overzealous enforcement" over the holidays of the City ordinance which prohibits on-street parking in residential areas between 3:00 a.m. and 7: 00 a.m. from November lst to April 1st. Mr. Fornell had responded to similar complaints in his January 4th memo in which he asked the Council to either formally support the existing ordinance with possible modifications or rewrite the ordinance. Five pos- sible alternatives were presented along with suggested language which would allow the Police Department to exercise some discretion regarding tagging cars during periods when it does not appear the streets will have to be plowed. Chief Hickerson contended that though his department had followed the practice of not tagging cars whose owners had notified them of a problem of removing them from the street, he nevertheless believed the Police Department cannot legally make exceptions to the existing statutes . Mr. Fornell cited the no-win aspects of the question for the City where either the Public Works Department is criticized for not doing an adequate job of snow removal because of parked cars or residents complain if the police attempt to keep the streets open for plowing. He questioned whether equitable enforcement of the ordinance could be provided if dis- pensations are granted. Mr. Soth agreed saying residents might see the dispensing of the ordinance for some as arbitrary enforcement of the statute. Specific standards for Police discretion will have to be established to avoid such criticism. Mayor Haik referred to Chief Hickerson's telling that his department had issued 150 warning tags the first 10 days after the prohibition had gone into force and wondered why such warning tags issued in cases where it was obvious there was a late party going on during the holidays could be con- sidered "arbitrary" . She was concerned about a complaint she had received where 10 tickets had been issued at one home where it was obvious there was a party . In view of efforts which had been made to improve the public image of the Police Department, Councilman Ranallo saw the actions of the Police over the holidays as an obvious "lack of public relations" . Two residents, Stan Mirocha, 2604 29th Avenue N.E. and Ben Lonsky, 2524 W. Armour Terrace, were present to register their complaints regarding tickets issued to cars parked at their homes after 3: 00 a.m. Christmas and New Years Day. Mr. Mirocha said he paid the ticket for his guest and Mr. Lonsky said his ticketed car was on the street because guests of his son' s were parked in his driveway. Neither wanted all parking restrictions re- moved from the ordinance but felt there should be some allowance made for late parties over the holidays . (6) • Mr. Fornell wondered how much more the City could do to alert the resi- dents to the parking restrictions saying notification had been provided through the City ' s legal newspaper, the school paper and notices posted at various locations throughout the City. He and Mrs. Johnson discussed failure in past attempts to inform the residents saying stamped messages on the water bills have gone unnoticed and when letters have been sent with the water bills the whole envelope has been discarded as junk mail. Motion by Mayor Haik and seconded by Councilman Sundland to request the Manager to consider modifications to the winter Parkinq ordinance which will allow the Police Chief some discretion regardinq its enforcement under special circumstances at times when allowing parking will not interfere with snow removal. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to approve the resolution which permits the transfer of the receipts for court fines to the fund from which prisoner room and board costs are paid. RESOLUTION 78-074 A RESOLUTION MODIFYING THE 1978 BUDGET Motion carried unanimously. The Mayor thanked Mrs. Johnson for her informative explanation of year • end budget transfers. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 78-075. RESOLUTION 78-075 A RESOLUTION MODIFYING THE 1978 BUDGET Motion carried unanimously. Mr. Fornell' s January 3rd recommendations for the replacement of the bridge on St. Anthony Boulevard were reflected in the following: Motion by Councilman Sundland and seconded by Councilman Ranallo to adopt Resolution 79-012. RESOLUTION 79-012 A RESOLUTION DESIGNATING PART OF ST. ANTHONY BOULEVARD AS MUNICIPAL STATE AID (M.S.A. ) AND REMOVING PART OF 31ST AVENUE N.E. FROM M.S .A. DESIGNATION Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Hdik to request the Manager to solicit at least one engineering proposal in addition to that • from Short-Elliot-Hendrickson to assist with the applicationfnr funds and (7) do the design work for the replacement of the bridge over the Burlington- Northern railroad tracks on St. Anthony Boulevard. Motion carried unanimously. The repair of St. Anthony Boulevard as well as other deteriorating City streets were added as items to be considered in the City 's Comprehensive Plan. Motion by Councilman Sauer and seconded by Councilman Letourneau to grant a 3. 2 beer license for the St. Charles Borromeo Mardi Gras February 25 , 1979 and to waive the fee for such a license. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to re- new the Bingo license for the St. Charles Mardi Gras and waive requirement of a fidelity bond as permitted by State statute. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to approve payment of $100 .00 membership dues for 1979 to the Hennepin Emergency Communica- tions Organization. Motion carried unanimously. • Motion by Councilman Letourneau and seconded by Mayor Haik to set 7 :00 p.m. May 30th, 1979 as the time for the City's Board of Review. Motion carried unanimously. The Mayor told Ron Berg she appreciated his analysis of the Section 8 Rent Assistance Program. The December Fire Department report was filed. In discussing the Investment Report for 1979 by the Clerk/Treasurer, the Manager explained that a minimum balance is un-intentionally maintained in the General Fund, which accounts for a low rate of interest income, because of cash flow problems especially for the first few months of a year when tax payments have not been received yet. He then reported that the former city hall is going to be subleased for a barber shop. Motion by Councilman Ranallo and seconded by Councilman Sundland to approve the amendment of the lease with Park Travel for the old city hall to allow the lease to be assigned to Phil LaMere subject to a mutual waiver of sub- rogation on property liability limited to insurance proceeds recovered as recommended by the City Attorney. Motion carried unanimously. Councilman Sauer discussed his December 4th report on his attendance at the 1978 Congress of Cities in November and offered to share the tapes he made of several sessions. (8) Councilman Letourneau said he hoped to attend the Congressional Conference in Washington, D.C. in March and advised other Council members of the sav- ings possible for early registration. He informed the Council of the death of the school nurse who had served the district for many years and urged them to attend the high school class play the following Friday. An invitation to attend a meeting of the North Suburban Chamber of Commerce January 10th, where problems of juveniles and vandalism will be discussed was relayed by Mayor Haik . The Manager said he and Chief Hickerson may attend. A seminar for elected officials Friday, January 26th was also noted. Motion by Councilman Sundland and seconded by Mayor Haik to grant a heating license to Doody Plumbing. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Sundland to grant a motor vehicle service license to Sroga's Standard Station. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to approve payment of all Verified Claims listed in the January 9 , 1979 Agenda. • Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to approve payment of $237.50 to McCombs-Knutson for services during November, 1978 in connection with curbs, gutters and storm sewer on Street Improvement Project 1978-001. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to approve payment of $409 .45 to Weaver, Talle & Herrick for legal services pertaining to the Johnson Florist court action. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to ap- prove payment of $837.40 to BRW, Inc. for their services during November, 1978 toward the development of the City's Comprehensive Plan. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to approve payment of $47, 563.09 to the State of Minnesota Department of Transportation as the final payment of the City's share of costs for the construction of the storm sewer on Highway 8. • Motion carried unanimously. (9) Motion by Councilman Letourneau and seconded by Councilman Ranallo to ap- prove payment of $2, 649.20 to the Dorsey Firm for legal services during October, 1978. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Sundland to ap- prove payment of $1, 389 . 83 to the Dorsey Firm for services during November, 1978 . Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to approve payment of $2, 000 .00 to George M. Hansen Company for the 1978 audit of the City including the liquor fund. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Ranallo to adjourn the meeting at 9 :40 p.m. Motion carried unanimously. Mayor ATTEST: �!444e',' City Clerk (10)