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HomeMy WebLinkAboutCC MINUTES 06121979 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 105863 Box: 36 Folder: CC MINUTES AND AGENDAS 1979 Document: CC MINUTES 06121979 � 1 CITY OF ST. ANTHONY COUNCIL MINUTES June 12 , 1979 The meeting was called to order at 7: 32 p.m. by Mayor Haik. Present for roll call : Sundland, Haik, Ranallo and Letourneau. Absent: Sauer. Also present: Jim Fornell, City Manager Dennis Buratti , City Attorney Ron Berg, Administrative Assistant Carol Johnson, Clerk/Treasurer Larry Hamer, Director of Public Works Skip McCombs and Alvin Schendel , McCombs-Knutson Motion by Councilman Sundland and seconded by Councilman Ranallo to approve as submitted the minutes for the Council 's May 22 , 1979 meeting. Motion carried unanimously. The following corrections were made to the minutes for the public hearing and special Council meeting, held May 30 , 1979 : • Page 5, Para 4 : Insert "only" between "disappointed to see. . . " and "the northern sections" in line 1; and change "33rd Avenue N.E. and Coolidge Street N.E. " to "35th and Coolidge and east of Silver Lake Road on 36th Avenue N.E. " in line 7 . Motion by Councilman Ranallo and seconded by Mayor Haik to approve as corrected the minutes for the Council ' s public hearing and special meeting held May 30 , 1979 . Motion carried unanimously. Motion by Mayor Haik and seconded by Councilman Letourneau to approve as submitted the minutes for the Board of Review held May 30, 1979 . Motion carried unanimously. The Mayor then reconvened the Board of Review at 7: 37 p.m. R. O. Becken of the Hennepin County Assessor' s Office reported an on-site reappraisal had been made at the direction of the Council of the Leonard Toth residence at 2900 Roosevelt Street N.E. and a market comparison made of this residence and four homes in the same section of the City which were sold in April and May of 1978 which resulted in a recommendation from the County that the market valua- tion for taxing purposes be raised $800 from $44 , 200 to $45 ,000 . The County Assessor had opted for utilizing the "cost appraisal" in this instance rather than the "market appraisal" which could have resulted in a raise to $46 , 300 . -2- Council members agreed that the policy set by the City for the last five years to only consider a change in valuation for amounts of either above or below $500 should be followed in this case. Mr. Toth indicated he was upset by the recommendation and asked to see the sales figures and addresses for the comparables. He sug- gested three of the four homes were larger than his own but Mr. Becken pointed out differentials which made them equal. The pro- perty owner then insisted a private conversation with Mr. Becken after the Board of Review May 30 had led him to believe he was not risking a raise in valuation through reappraisal because "the market had changed so drastically this year" . Mr . Becken replied that "the comparables were all for 1978 and 1979 sales . " The Manager said the fact there are so few property owners who request reappraisals is an indication that there is general under- standing that to do so involved the risk of having the valuations raised. He also suggested Mr . Toth could have attended the informal meeting prior to the Board of Review with the representatives of the assessor' s office along with 39 other property owners who had questions regarding their appraisals . Mayor Haik reminded Mr. Toth that his original valuation had resulted from a statistical appraisal made of 75% of the City and hoped he had become convinced that the "same system is applicable to the whole City" . She told of a review in a prior year where ten reappraisals were ordered by the City and the valuations for five went up and • the other five down. Motion by Councilman Sundland and seconded by Mayor Haik to continue the City policy regarding the $500 limitation on reappraisals and to accept the recommendations of the Hennepin County Assessor' s Office that the market valuation of the residence at 2900 Roosevelt Street N.E. be raised from $44 , 200 to $45 ,000 following an on-site appraisal and reevaluation of the property. Motion carried unanimously. - Mr. Toth continued his expression of dissatisfaction with this decision and was advised he could appeal his valuation to the County Review Board. The Board of Review was adjourned at 8 p.m. Resolution 79-037 was accepted as an addendum to the Agenda. The June 11 memorandum from Police Chief Hickerson detailed the problems with policing Central Park which had initiated the proposed amendment to the City Ordinance to include some controls which will hopefully discourage loitering and drinking by youths in the park. The Manager said a fine of a softball team for drinking should also prove a deterrent to such behavior. He agreed the Police Department would have to practice discretionary enforcement of the ordinance . • -3- The City Attorney read the ordinance and suggested one change in • its wording. Motion by Councilman Ranallo and seconded by Councilman Sundland to approve the first reading of chf, ordinance which has been modi- fied to provide aid for controlling park problems . ORDINANCE 1979-006 AN ORDINANCE RELATING TO PARKS , RESTRICTING FUEL USED IN PERMITTED FIRES , AND PERMITTING THE USE OF LIGHTED TENNIS COURTS DURING THE HOURS THE PARKS ARE OTHERWISE CLOSED. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to approve the resolution which authorizes the transfer of funds from the General Fund Reserve to the Utilities Account to permit the payment of part of the 1978 utilities for Park View from District #282 . RESOLUTION 79-036 BUDGET TRANSFER FROM GENERAL FUND RESERVE TO UTILITIES ACCOUNT. Motion carried unanimously. • Prior to the meeting, Councilman Sauer had given his reaction to the minutes for the public hearing on the liquor store alternatives and had indicated he would be interested in a staff report on the approxi- mate cost of building a new liquor store, but would be opposed to having a professional study especially of marketing surveys made. Mr. Fornell said he estimated it would cost about $40 a square foot, excluding land costs , to construct an 8 ,000 square foot on and off sale facility or between $400 ,000 and $500, 000 . He figured an off sale store should be about 5, 000 square feet which , when all variables had been considered, would also run approximately $40 a square foot, plus land costs . Councilman Sundland said he had also been interested in the report for the hearing which he and Councilman Sauer had not been able -to attend as well as the report on the meeting of the Apache ownership with the merchants and City officials , especially the possibility of the owners ' willingness to do some remodeling to further the viabil- ity of Apache. He speculated it might be possible to negotiate for a spot in the Apache complex for an expanded off sale liquor store. Mayor Haik then commented on the probable connection of the expansion of the Stonehouse facility with the relocation of City Hall as had been suggested during the hearing, but Councilman Sundland cautioned the existing parking problems near the Stonehouse will have to be solved before that option can be considered. All agreed splitting the liquor operation in the Kenzie Terrace area would probably not be profitable . -4- The hearing had made it obvious that building east of Silver Lake Road in the northern quadrant of the City is almost impossible said Councilman Ranallo, and he thought the idea of "raising taxes would be suicidal. " He favored locating the on-sale facility somewhere in the Apache property perhaps tied in with the bowling alley and its promotion accelerated. Other Council members agreed that the liquor expansion should stay within the confines of the Apache Plaza area, and the Manager will attempt to set up a meeting between the City officials and Apache ownership where it can be ascertained whether any of the suggested sites for a liquor store might be available for purchase. Mr. Fornell will also notify the two persons who had indicated an interest of their appointment to serve on the Cable Television Advisory Committee which will meet as soon as two more appointments have been made. The Council representative was designated as Dick Letourneau. Larry Hamer explained how the existing water line along Stinson Boulevard will be moved from the street to the City right of way and a cast iron main replacement made. He told of the history of breaks in the existing facility and said its new siting will make the Line more accessible when problems arise. The improvement will be funded from water revenues . Motion by Councilman Ranallo and seconded by Councilman Sundland • to authorize the advertising for bids for the upgrading of the water line along Stinson Boulevard. Motion carried unanimously. Appearing to request they be permitted to solicit $1 . 50 per house for painting house numbers on City curbing were John Olson, 2416 34th Avenue N.E . ; Dave Talbot, 3007 Garfield Street N .E . ; and Ed and Elie Dubay, 3012 32nd Avenue N.E. . Their spokesman, John Olson, said the receipts will be used for their educational expenses . Motion by Councilman Sundland and seconded by Councilman Ranallo to grant the request of the four youths who appeared before the Council to solicit as proposed within the City for painting house numbers on curbs. Motion carried unanimously. At 8: 35 p.m. the hearing on the Anthony Lane North Improvement Project was opened by Mayor Haik. Background history of the problems incurred with the improvement of the street, consisting of storm sewer installations , curbing, bitumi- nous overlay, as well as the looping of the water line, all in con- junction with the upgrading of County Road C, had been provided in • Mr. Fornell 's June 7 memorandum and June 8 and May 11 leters of ex- planation from the project engineer, McCombs-Knutson, Inc. The special meeting had pursued the matter further. Skip McCombs told -5- the representatives of the benefited properties who were present his firm had "made certain assumptions regarding the storm sewer project which, when it came to details , resulted in a difference between the estimated cost of $48 , 875 and the bid cost from Arcon of $78 , 734 . 93, plus engineering, legal administrative and Hennepin County fees. " He said his firm' s original estimate had been based on a field survey which did not take into account the flow from Roseville which Ramsey County has assumed would be collected into their line via flow through Anthony Lane. A rebidding of the pro- ject, in an attempt to lower the costs , had resulted in the lowest of the three bids coming in at least $14 ,000 higher than the Arcon bid, which Mr. McCombs recommended be accepted if the project is to be continued. He later conceded that "the error was his com- pany ' s only considering the drainage flow from St. Anthony and ignoring the Roseville flow when they made the field estimate on which the project was ordered" , which called for only one 18 inch pipe on one side of the street instead of the two 36 inch pipes which will be necessary for both sides of the street to accomodate the flow. Part of the discrepancy in estimated and bid costs are due to a 25 percent inflationary raise in the construction costs amounting to approximately $10 ,000 . He discussed the Roseville ordinance which restricts the flow from undeveloped lots requiring developers to provide storage for excess flow, but also said there is some question of whether the munici- pality ' s ordinance or the watershed district regulations prevailed. • Six benefited properties were represented at the meeting: Aro Industries, 3615 29th Avenue N.E. ; Cassidy Products , Inc. , 2920 Anthony Lane N.E. ; Cash Register Sales, 2909 Anthony Lane N.E . ; C. G. Hill and Sons, 2917 Anthony Lane N.E. ; Impressions , Inc . , 2908 Anthony Lane N.E. ; and Central Engineering Company, 2930 Anthony Lane N.E. Mr. Hill said he "is the largest property owner on Anthony Lane" and assumed all the contracts had been signed since the work on County Road C is already started. He said he had not been present for the public hearing on the project in 1978 , but "was looking forward to the curbs" . He chided the McCombs firm for giving an inaccurate estimate suggesting they "should be forced to do the job for $48, 000" . Mr . McCombs told him his firm does not do the construction work, "and the difference in costs resulted when only a field survey and not a detailed study to keep the costs of the project down in the first place resulted in their basing the estimate on the need for only one pipe. " Jon Miner, of Impressions , Inc . , told the Council , "It is apparent the owners of Cash Register, Cassidy Products , Aro, and Mr. Hill are opposed to the project at its higher cost" . In his June 5 notice to the property owners , Mr. Fornell had advised them that in addition to the increase in costs for the project there would also be discussed at the hearing the request from a prospective developer, M & M Development Corporation, for road access to Anthony Lane for a parcel located in Roseville to the northeast of the end of Anthony Lane as well as storm sewer service to drain this parcel for which the developer would be willing to share in that cost . -6- Rod Bernu, construction manager for M & M, said the property his firm proposes to develop for a warehouse encompasses the pond which • will be replaced with a storage area on the parking lot and control of the flow will be provided to conform to the 100 Year Flood Plan requirements as well as Roseville' s restrictions regulating run-off. He answered questions regarding what his property ' s share of the Roseville flow would be by saying it will represent 4 of the 18 acres in Ramsey County which may have to be drained through St. Anthony ' s sewer system. Mr. Fornell said he thought only 10 acres of the 18 will be directed through a possible City system serving Anthony Lane North. The M & M representative then said the question of whether he could gain access to the property his firm proposes to develop was holding up construction. Roseville had indicated they intended eventually to make the con- nection which will loop Anthony Lane with County Road C, but were reluctant to press the matter at this time with several -property owners of undeveloped lots who were lukewarm to the proposal . Loren Swanson of Central Engineering was concerned about losing the pond which is a point of interest for visitors to his plant, many from other parts of the world. He and other Central employees , Helen Erickson, Al Goetsch , and Angela Vail , expressed their opposi- tion to increased traffic down Anthony Lane and at the intersection with County Road C which they have great difficulty getting out on now at quitting time. They told of the traffic hazards they exper- ience at the intersection each day and were not convinced the im- provements of County Road C would alleviate these problems . Mr. Swanson said he would not oppose the curbs , however, and wanted the water line looped to provide greater protection for his firm. He "couldn' t see what the storm sewers will do for us since we have no flooding problems. " Mayor Haik protested the implication that the St. Anthony sewer system would be draining the M & M pond which is in Roseville and under that municipality ' s jurisdiction. Mr. Guzik, of Aro Industries, Inc . , discussed with Mr . Hamer the water line Roseville had installed next to his property which he felt provided him greater protection without his requesting it. Mr. Cassidy said he also wanted the water line looped, but was op- posed to the storm sewer. Looping of the water line will proceed even if the upgrading of Anthony Lane is abandoned and the costs paid out of the water utility funds , the City Manager and Public Works Director told those present. The road will remain the way it is with the open ditches draining into County Road C, the Mayor told Mr. Hill, who said he felt they should have been told that at the start of the discussion. When Mr. McCombs attempted to put a dollar figure on assessments for the rebuilding project, Council- man Ranallo cautioned against it saying, "You made a mistake on the first estimate and these property owners will hold you to any figure you quote now" , which Mr . McCombs took as good advice. The Councilman then answered another question from Mr. Hill by telling him the McCombs firm has already been paid $5, 000 for their engineering • services on the project, who responded by telling Mr. McCombs , "Maybe you owe us money. " The engineer responded to this after the hearing by apologizing for the problems with the project and agreeing "to work out the fee arrangements with the City staff . " Councilman Sundland, Mr. Fornell , and Mr . Hamer all pointed out the desirability -7- of remaining on good terms with neighboring municipalities and Councilman Letourneau reminded that it will be much more expensive to make the improvements later if they are not done in conjunction with the rebuilding of County Road C, but the Council indicated they would not be comfortable with going ahead with the project since there had been no documented assurance from Roseville that they intended to loop Anthony Lane through Roseville to County Road C; the would agree g ree to a joint powers agreement for the storm sewer participation or guarantee run off would be restricted and, since the deadline for approval was the next day, made the following: Motion by Councilman Ranallo and seconded by Councilman Sundland to reject the bids of Ro-So Contracting, Hennen Construction and Widmer Brothers for the St. Anthony Lane Project, 78-01 . Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to adopt Resolution 79-038. RESOLUTION 79-038 A RESOLUTION DIRECTING THE CONTRACTOR TO NOT PERFORM UNDER SUPPLEMENTAL AGREEMENT NO. 1 TO AGREEMENT NO. PW-22-10-78. • Motion carried unanimously. Mr. Bernu then continued his request for an access to the proposed warehouse. He pointed out the possible advantages to the City and the property owners along Anthony Lane for a turn around in the driveway for emergency and maintenance vehicles and promised if his firm proceeded with its construction plans , to aid the City in its water line loop. He discussed the amount of traffic he anticipated would be generated by the warehouse and assured those present the required 130 parking spaces for the warehouse would never be full . Mr. Swanson and Mr. Miner reiterated their opposi- tion to having trucks from the warehouse increasing the congestion at the County Road C intersection and when the Mayor called for a motion on the request, none was offered. The hearing was closed at 10 : 15 p.m. and the meeting recessed until 10 : 30 p.m. when the request for $1 ,000 ,000 City revenue bonds for Special Parts , Inc. was considered. Eric Anderson and Warren E. Mack, of the Fredrickson, Byron, Colborn, Bisbee & Hansen law firm, were present to discuss the request their firm had made May 30, 1979 on behalf of their clients , Robert and Beverly Stafford, 2519 Arthur Street, for a preliminary resolution approving the bonds for a 35, 000 square foot manufacturing facility to be built in the south west corner of the St. Anthony Office Park. Mr. and Mrs . Stafford then discussed the anticipated costs of the project and type of • financing with the City Attorney. The Dorsey firm's official com- ments on the proposal had been given by Bill Soth in his letter of June 7 to Mr. Fornell, which was included in the Agenda along with other supporting data. -8- Mr. Mack, who said he is the general corporate counsel for the firm, told of the success of Special Parts , Inc. in New Hope and explained one of the reasons the company desires to expand in St. Anthony is that most of the employees are from the area and several have purchased homes in the City in anticipation of the move. The Council was told there will be no more than 50 persons anticipated to be working in the precision machine shop and the proposal may have a problem providing the 90 to 100 parking spaces required for a building that size by the City Zoning Ordinance. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 79-037 which sets a public hearing at 8 : 30 p.m. during the Council 's July 10 meeting to consider the issuance of Industrial Development Revenue Bonds for the proposed Special Parts , Inc. project. RESOLUTION 79-037 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE AUTHORIZATION OF CITY OF ST. ANTHONY INDUSTRIAL DEVELOPMENT REVENUE BONDS Motion carried unanimously. Councilman Sundland indicated an interest in attending the League • of Cities national convention in November. Agreement with the Manager' s approval of the service and cost of having Hennepin County perform the City' s assessor' s responsibilities was indicated by the following: Motion by Councilman Sundland and seconded by Councilman Letourneau to support the continuance of the agreement with Hennepin County to perform as City Assessor until formal legislative action permits . Motion carried unanimously. Mayor Haik reported on the levy limits strategy meeting she had attended that day. The Manager' s June 8 memorandum concerning an increase of the City' s levy limitation base as per the authority to do so granted by the legislature to the City in 1979 , was then considered. Councilman Ranallo felt the City had heard from the residents who opposed a levy base increase and said he would go along with that opposition until the cost of City services warrants an increase . Mayor Haik said she would favor taking the increase , but wanted a decision delayed until Councilman Sauer was present and staff provides potential property tax impact information. Mr. Fornell was requested to indicate to Ramsey County officials the Council ' s support for the proposed right of way and geometric designs for County Road D as well as the County ' s application for federal aid for the upgrading of that road as detailed in his memo- randum of June 6 . -9- Councilman Ranallo asked Mr. Hamer about current plans for street overlay. The Public Works Director said he had attended a demon- stration of a new machine designed for the job, but the City streets will only be sealcoated this year with the overlay program antici- pated for the future. Motion by Councilman Ranallo and seconded by Councilman Letourneau to grant all licenses listed in the June 12 , 1979 Agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve payment of all Verified Claims listed in the June 12 , 1979 Agenda. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve payment of $1 , 099 . 00 to the Dorsey firm for services in April , 1979 . Motion carried unanimously . Mr. Fornell estimated the Comprehensive Plan being developed by BRW, Inc. , and the Planning Board will be presented for Council ap- proval before October, 1979 . He said the majority of the costs for • the planning are funded through grants . Motion by Mayor Haik and seconded by Councilman Sundland to approve payment of $1 ,046 . 75 to BRW, Inc. . Motion carried unanimously. Motion by Mayor Haik and seconded by Councilman Sundland to approve payments of $14 , 355. 57 and $3, 521. 70 to Independent School District No. 282 for 1978 operating expenses of City Hall . Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to approve payment of $7, 099 . 96 to the LeFevere firm for legal ser- vices on the "dropped" special assessments in Ramsey County. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Ranallo to adjourn the meeting at 11:06 p.m. Motion carried unanimously. Mayor ATTEST: