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• Folder: CC MINUTES AND AGENDAS 2001
Document: CC MINUTES 01092001
0
l CITY OF ST. ANTHONY
• CITY COUNCIL REGULAR MEETING MINUTES
3 January 9, 2001
4 I. CALL TO ORDER.
5 Mayor Cavanaugh called the meeting to order at 7:04 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Mayor Cavanaugh invited the Council and audience to join in the Pledge of Allegiance.
8 III. ROLL CALL.
9 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and
10 Hodson
I Councilmembers absent: None.
12 Also present: City Manager Michael Mornson; Assistant City Manager Susan
13 Henry; and City Attorney Jerome Gilligan.
14 IV. APPROVAL OF JANUARY 9, 2001 CITY COUNCIL REGULAR MEETING AGENDA.
15 Motion by Sparks to approve the January 9, 2001 City Council Regular Meeting Agenda as
16 presented.
10 Motion carried unanimously.
18 V. PROCLAMATIONS AND RECOGNITIONS.
19 A. Presentation of Appreciation Plaque to Doug Bergstrom
20 Mayor Cavanaugh read in full and presented a plaque of appreciation to Doug Bergstrom in
21 recognition of his years of outstanding service from 1993 to 2000 on the Planning Commission.
22 Bergstrom stated he has enjoyed the opportunity to work with the City Council, City Staff, Parks
23 Commissioners, and Planning Commissioners. He stated he believes there are outstanding
24 people appointed to those positions.
25 VI. COMMUNITY FORUM.
26 Mayor Cavanaugh invited any residents in the audience to speak to the Council on items that are
27 not on the regular agenda.
28 Chris Bratsch, BRW, Inc., introduced himself and presented the Executive Summary, Phase 1
29 Environmental Site Assessment for the Central Park Redevelopment Project. He recommended,
30 based on the proposed park redevelopment, that the City Council enter the MPCA Voluntary
31 Investigation Clean-up Program. Bratsch reviewed the steps that would be taken as part of that
32 program to determine the site of the contamination, character of what is found, and to determine
33 if it poses a risk to human health. They would also present a recommendation on the corrective
Ifaction which the MPCA may approve or modify.
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City Council Regular Meeting Minutes
• January 9, 2001
Page 2
l Sparks inquired regarding the time this would take. Bratsch stated it is about 16 weeks to
2 approval but can be done in conjunction with work at the park so it may be closer to a 10 to 14
3 week period. He stated the nature of the dump resulted in the majority of the waste being burned
4 which generally leaves ash and incombustible materials. There may also be metals or
5 carbohydrons that would pose little risk once properly covered.
6 Horst asked if this is an expensive process. Bratsch stated it can be, depending on what the
7 Phase II Study shows. He estimated the investigation will cost $30,000 to $40,000 plus $5,000
8 to $10,000 for MPCA review.
9 Horst asked how much of these costs were planned for originally. Mornson stated some was
10 planned for but the extent was not known. He explained the City just complete this process at
11 Silver Points Park and, perhaps, some costs can be cut. Mornson stated Phase II will determine
12 if there are any issues and correct those issues once excavation begins.
13 Hodson asked if grant funds are available. Bratsch stated there were some reimbursement grants
14 but those funds are related to gas tank and petroleum clean-up and this project would not qualify
15 for that funding.
0 Mayor Cavanaugh stated all knew this was a dump site back in the 1940s. He indicated his
17 support to proceed expeditiously.
18 Morrison stated he has spoken to Bob Cost, project manager for the park, who indicated they will
19 try to get Phase II done as quickly as possible so anything found can be taken into consideration
20 when the project is bid out at the end of March or beginning of April.
21 Hearing no further response, Cavanaugh moved forward with the agenda.
22 VII. CONSENT AGENDA.
23 Mayor Cavanaugh stated the first meeting in January is an organizational meeting to determine
24 committee appointments. He read the slate of appointments that would be made upon adoption
25 of the Consent Agenda. He also noted that the Consent Agenda continued a resolution to approve
26 the standing rules.
27 Sparks inquired whether the Council has ever used the tool provided on page 48, whereby the
28 Mayor can make liberal use of the"unanimous consent" procedure. It was noted that in this
29 procedure, the Mayor can introduce for approval items if there are no objections.
30 Mayor Cavanaugh stated that tool has not been used in the past as the occasion has not come up.
dHowever, if a discussion is held he could make a consensus statement.
32 Horst requested a report on the Northwest Youth and Family Services.
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City Council Regular Meeting Minutes
January 9, 2001
• Page 3
I Sparks stated she met with this group and reviewed what they have done and are intending to do.
2 She recommended the City proceed for another year and evaluate it at the end of the year.
3 Sparks explained this group is on notice of the need to keep the City better informed so she
4 would recommend they be funded for another year.
5 Mayor Cavanaugh advised that a representative of the School Board will also serve on the
6 Northwest Youth and Family Services. Mayor Cavanaugh asked if this item should be removed
7 from the Consent Agenda and voted on separately.
8 Horst requested a clarification on the meeting Sparks had with them and asked that it be
9 removed from the Consent Agenda.
10 Motion by Sparks to approve the Consent Agenda with the removal of consideration of 2001
1 ► dues for the Northwest Youth and Family Services.
12 1. Truth in Taxation Continuation Meeting Minutes of December 20, 2000;
13 City Council Meeting Minutes of December 20, 2000;
14 2. Licenses and Permits,
3. Claims; and
01 4. Housekeeping Resolutions 01-001 - 015 and 01-024.
17 Motion carried unanimously.
18 Motion by Sparks to approve continued funding in 2001 of Northwest Youth and Family
19 Services.
20 Horst asked if their reporting function will be improved in 2001 and what type of services they
21 provide which the Police Department does not provide.
22 Sparks explained that they provide services like counseling and diversion with youth who
23 commit crimes to work on community service projects. She explained that currently the City
24 tickets and then the County handles the diversion so she believes to pull out at this point may be
25 counter-productive. Sparks explained how they serve the city through the schools.
26 Horst stated his understanding the City has not utilized diversion. Sparks stated that is correct
27 but family and youth have utilized counseling and connect young people with seniors who need
28 services such as lawn mowing and household chores. Sparks stated the City is being billed
29 according to what the City is using and that information has been detailed.
o Mayor Cavanaugh requested a copy of that report so the Council can learn what the City's use is.
He explained how the meetings have resulted in including the school's participation into this
32 process to create broader ownership between the Northwest Youth and Family Services, the
City Council Regular Meeting Minutes
January 9, 2001
• Page 4
1 school, and the City. Mayor Cavanaugh stated he wanted the City to either embrace this program
2 more strongly or eliminate it and he feels the school's involvement will create a better benefit.
3 Horst thanked Sparks and Mayor Cavanaugh for this explanation.
4 Motion carried unanimously.
5 VIII. PUBLIC HEARINGS.
6 A. Resolution 01-019, re: Vacating a Portion of Anthony Lane (Accurate Wire)
7 City Manager Mike Morrison explained this is the second public hearing held on this issue as the
8 Planning Commission had held the first public hearing. He explained that Accurate Wire
9 Solutions, Inc., has submitted a formal petition to the City of St. Anthony for a street vacation for
10 St. Anthony Lane. Morrison advised that the City Engineer recommended a second public
I l hearing be held since it involves the vacation of a public right-of-way.
12 Mayor Cavanaugh opened the public hearing at 7:30 p.m.
13 Planning Commissioner Stille displayed a survey of the property and identified the location of
the proposed vacation which is in conjunction with the applicant's proposed addition measuring
7,000 square feet. More parking is needed and necessary per City Code. To accommodate this,
16 Accurate Wire Solutions is requesting the street vacation so they can add 20 cars to their parking
17 lot. Stille stated the Planning Commission found no real public need for this property and the
18 City of Roseville was also contacted and indicated they have no public need. He presented the
19 Planning Commission's recommendation to approve the vacation subject to the City Engineer's
20 recommendations, requiring the needed easements, that the proposed addition meet the City's
21 standards without the need for variances, and that the associated costs ($800 to $1,000) be paid
22 by the applicant.
23 Mayor Cavanaugh closed the public hearing at 7:33 p.m.
24 Motion by Thuesen, seconded by Sparks, to adopt Resolution 01-019, re: Vacating a Portion of
25 Anthony Lane.
26 Motion carried unanimously.
27 IX. GENERAL POLICY BUSINESS OF THE COUNCIL.
28 A. Resolution 01-016, re: Call Hearing on 2001 Street and Utility Improvements (WSB,
29 Inc.
30 Morrison noted this involves the City's road improvement program and declaring the costs to be
assessed for the 2001 street projects. He noted it is unusual to include wording to address the
46 excavation of the pond in the Harding area. He noted there will be two public hearings; one to
33 consider the project and the other to assess the costs.
City Council Regular Meeting Minutes
January 9, 2001
Page 5
l Todd Hubmer, WSB, Inc., reviewed the three resolutions being presented and used a map to
2 identify the project areas involved. He also noted the location of the ponding area that is to be
3 excavated (Harding Street pond) and project costs. The first resolution will call for the public
4 hearing on February 13, 2001.
5
6 Sparks inquired regarding the language to be contained within the call for the public hearing.
7 Hubmer stated the legal notice will contain the full language including mention of the pond
8 excavation. He noted the attachment that is sent to the affected property owners.
9 Mornson stated that notice will be sent out two weeks before the hearing dates. Hubmer stated
10 they will receive mailed notice prior to each of the two public hearings.
I I Hubmer stated the second resolution declares costs to be assessed and proposed to be assessed
12 which allow them to prepare the assessment roll in accordance to the Statue 429 rules. He stated
13 they would like to mail that value in the notice or have it present at the public hearing. They
14 intend to include that information in the mailed notice. Hubmer reviewed the construction costs
15 and amount of City contribution to fund 100% of the watermain and 65% of the street
16 reconstruction costs. In addition, the DNR will have a construction budget for the storm sewer
work, pond work, and sanitary sewer reconnections. He presented the funding mechanisms
which will be the basis for preparing the assessments.
19 Sparks inquired regarding what the DNR is paying for the pond. Hubmer recommended the cost
20 for pond excavation be included in the notices so all individuals affected will receive notices.
21 Sparks stated it looks like the City is assessing for the pond. Hubmer stated that is not the case
22 and that issue will be addressed at the public hearing. He stated the public will have the
23 assessment roll and that detail can be included.
24 Sparks stated she wants to make it clear to residents that the City is not assessing for the holding
25 pond.
26 Horst stated he also thought it looked like the pond would be assessed and asked if this will be a
27 finished pond or cover just the initial grading. Hubmer stated they anticipate that between now
28 and February 13th, a landscaping plan will be presented to residents and the bid awarded before
29 May. He stated that is a separate bid component so they have more control over how the
30 landscaping is put in. Hubmer stated they are taking the quality of the project very seriously and
31 plan to include a two to three year maintenance agreement to assure the landscape is growing,
32 erosion control addressed, and the area completely restored.
Thuesen asked if the funds from the DNR fall in line with the engineer's estimate. Hubmer
16 stated the land acquisition costs may be higher than anticipated in 1997 but he does not believe
35 the project budget has been compromised in any way. He stated he is comfortable with where
City Council Regular Meeting Minutes
January 9, 2001
Page 6
1 the budget is and the DNR funding mechanism is in the 2002 bonding cycle so they will talk
2 with the DNR to assure that bonding cycle remains intact.
3 Mayor Cavanaugh asked if this is a third allotment from the DNR. Hubmer stated that would be
4 the third allotment. Mornson stated they have already received two allotments. Hubmer stated
5 there is money in hand to complete this project and the 2001 street projects.
6 Sparks asked how the land acquisition schedule is coming along in relationship to the scheduled
7 public hearing dates. Hubmer stated the Council will receive an update on the land acquisition
8 process at the January 23, 2001 meeting.
9 Mornson stated easements are needed from ten property owners. Two have been received and
10 three to four are anticipated to be received by January 23, 2001. He stated staff will recommend
1 1 proceeding with the condemnation process for the other four easements that are needed for this
12 project. He reviewed the time schedule with a quick take deed process.
13 Sparks asked if there is an intention to follow up with residents. Mornson stated it has been
14 turned over to Evergreen Land Services who have contacted the property owners individually to
0 talk about the easement and value based on the appraisals done.
16 Hubmer stated there are several residents who have been contacted numerous times and there are
17 a few people who were contacted only once because they indicated they would obtain their own
18 appraisals and their private attorney would contact Evergreen Land Services.
19 Mornson stated the private attorney hired in two cases is well aware that in asking for a second
20 appraisal it will force the City to start the condemnation process.
21 Mayor Cavanaugh commented on the need for Evergreen Land Services to have an excellent
22 paper trail so there is no confusion about what the next step is.
23 Sparks asked staff to assure all are clear of what the process is. Hubmer stated he will ask
24 Evergreen Land Services to call each property owner so they are clear about the next step in the
25 process.
26 Hubmer stated he hesitates going beyond February 13, 2001 to award the contract since it will
27 considerably delay the project and result in costly change orders.
28 Attorney Gilligan stated a quick take needs 90 days to occur. Mayor Cavanaugh stated if they do
29 not have all the negotiated easements at the next meeting, the Council will receive background
on how the process will unfold up to February 13, 2001. Attorney Gilligan stated that is correct
16 and negotiations will continue from the next meeting to February 2001.
City Council Regular Meeting Minutes
January 9, 2001
Page 7
1 Mornson stated that at the recommendation of the City Attorney, Paragraph 2 relating to the
2 DNR costs should be deleted from the Resolution.
3 Hubmer stated the third resolution calls for a hearing on the proposed assessment. He stated the
4 hearing would be on the assessment dollar amounts that would be assessed to each property. He
5 explained that notice with the amounts would be mailed to each property owner. Hubmer
6 presented an explanation of what will be included in that mailed notice and stated that
7 information will also be presented to the City Council.
8 Sparks asked if the language can be remedied to clarify that the pond excavation will not be
9 assessed.
10 Attorney Gilligan stated the pond is not being assessed so it is not part of the Chapter 429
11 process but it is part of the project. He stated, however, that this is a good point and suggested
12 the language be revised to add a new section as follows:
13 "This project consists of street reconstruction and replacement of watermain and storm
14 sewer lines to be done in conjunction with Pond Excavation in rear yard areas north of
30th Avenue, west of Silver Lake Road; and east of Harding Street (referred to as
01 Harding Street Pond);"
17 Motion by Hodson, seconded by to adopt Resolution 01-016, re: Call hearing on 2001 Street and
18 Utility Improvements as amended above.
19 Hubmer recommended the Council accept comments on the pond excavation since it is part of
20 one contract.
21 Mayor Cavanaugh asked if there should be two resolutions, one for just the pond. Mornson
22 stated a neighborhood meeting will be held prior to February 13th when that issue and the
23 landscaping plan will be discussed.
24 Motion carried unanimously.
25 B. Resolution 01-017, re: Declare Cost to be Assessed for 2001 Street and Utility
26 Improvements (WSB, Inc.)
27 Motion by Thuesen to adopt Resolution 01-017, re: Declare Cost to be Assessed for 2001 Street
28 and Utility Improvements removing paragraph #2 related to the DNR costs and adding the above
29 language as recommended by Attorney Gilligan.
0 Motion carried unanimously.
City Council Regular Meeting Minutes
January 9, 2001
Page 8
1 C. Resolution 01-018, re: Call Hearin on Proposed Assessment for 2001 Street and Utility
2 Improvements (WSB, Inc.)
3 Motion by Hodson to adopt Resolution 01-018, re: Call Hearing on Proposed Assessment for
4 2001 Street and Utility Improvements as amended to add the above language as recommended by
5 Attorney Gilligan.
6 Motion carried unanimously.
7 Hubmer stated information has been submitted to St. Paul Companies and they will be providing
8 the additional information requested. He stated he hopes to hear back from them next week.
9 X. REPORTS FROM COMMISSIONS AND STAFF.
10 A. Planning Commission - December 19, 2000.
11 Planning Commissioner Stille was in attendance to present the Planning Commission's
12 comments.
13 1. The following requests were made by TOLD Development Company for
14 Wal r
a. Resolution 01-020, re: Rezone Property.
90 Planning Commissioner Stille presented the Planning Commission's recommendation for
17 approval of the requested rezoning of Lot 3, Block 1, Apache Terrace 2nd Addition, from
18 Industrial to Commercial based on the finding that it is consistent with further
19 development of the Apache Mall area including the northwest quadrant, it is not
20 anticipated to be detrimental to the City, it provides a service to residents in the northern
21 part of St. Anthony Village, and while it is not currently planned to be rezoned
22 commercial in the Comprehensive Plan, it is consistent with the general development of
23 the area anticipated in the Comprehensive Plan.
24 Motion by Thuesen to adopt Resolution 0l-020, re: Rezone Property.
25 Motion carried unanimously.
26 b. Resolution 01-021, re: Combination of Lots.
27 Planning Commissioner Stille advised that the Planning Commission made no
28 recommendation with regard to lot combination based on the recommendation of the City
29 Attorney that the lot combination can be accomplished administratively without
30 consideration before the Planning Commission or City Council.
31 Motion by Hodson to adopt Resolution 01-021, re: Combination of Lots.
Motion carried unanimously.
City Council Regular Meeting Minutes
January 9, 2001
Page 9
1
C. Resolution 01-022, re: Conditional Use Permit.
2 Planning Commissioner Stille presented the Planning Commission's recommendation for
3 approval of the Conditional Use Permit based on the finding that the use is not
4 detrimental or injurious, the use is necessary and desirable at this location, and subject to
5 the ten conditions recommended by staff which includes a restriction on hours and
6 providing a 20 foot utility easement.
7 Horst asked if questions were raised regarding the validity of the drive thru or other
8 points of the special use. Stille stated the drive isle meets City code but the drive isle
9 itself is a conditional use.
10 Horst asked if the Walgreens use requires a conditional use. Stille stated it does not but
I I the Planning Commission was able to address the neighborhood impacts and other issues
12 since a conditional use permit is needed for the drive thru feature.
13 Mayor Cavanaugh reviewed the Planning Commission meeting minutes which detailed
14 the ten conditions of approval, one of which includes the hours of operation. He asked
15 how those conditions are incorporated into the Council's resolution.
QMomson noted the reference contained within the Council resolution stating "...in
17 agreement with the findings of the Planning Commission at their December 19, 2000,
18 meeting..."
19 Mayor Cavanaugh stated his preference to have the process streamlined so the conditions
20 are explicitly outlined within the Council's resolution.
21 Horst stated this has always been a question, and what happens to the conditional use
22 permits once approved.
23 Attorney Gilligan stated some cities have a written conditional use permit agreement
24 which itemizes the conditions placed on approval and is signed by the applicant. The
25 Council stated their agreement to direct the City Attorney to draft such a document for
26 signature.
27 Mornson reviewed the approvals that are granted which require conditions of approval to
28 be itemized and met prior to issuance of a certificate of occupancy.
29 Motion by Hodson to adopt Resolution 01-022, re: Conditional Use Permit incorporating
30 additional language as proposed by legal counsel to itemize conditions 1-10 as contained
0 on page 10 of the December 19, 2000 Planning Commission Meeting minutes.
32 Motion carried unanimously.
City Council Regular Meeting Minutes
• January 9, 2001
Page 10
I d. Resolution 01-023, re: Sign Variance.
2 Planning Commissioner Stille advised that the applicant has withdrawn their request for
3 an electronic readerboard sign variance. However, a variance on the sign is still being
4 requested to increase the size to 50 square feet per side. Stille explained the Planning
5 Commission only considered the copy variance and the motion to recommend approval
6 of the Sign Variance failed on a split vote since the hardship criteria was difficult to meet.
7 Stille noted the applicant is not requesting a pylon sign or a lot of wall signage.
8 However, it was difficult to make a finding of hardship.
9 Stille noted a subcommittee has been formed to address the possible need to revamp the
to Sign Ordinance to address electronic readerboard issues.
I 1 Morrison stated the Planning Commission is correct in indicating it is difficult to find a
12 hardship for a sign variance. He explained that businesses have applied for a
13 comprehensive sign package which allowed them to propose a larger ground sign if they
14 did not have a wall sign. In this case, they could not apply for a comprehensive sign
15 package because they did not meet the definition.
Horst explained that a number of years ago there were questions about wanting ground
monument signs and how large they should be. The City tried to come up with a sign
18 proposal that would be consistent, present what the City wanted to see constructed, and
19 not require variances. Horst stated if this larger ground sign is approved, the "bar" is
20 moved up and creates a new basis of 50 square feet. He stated the Council needs to
21 determine if this is the standard the City wants to set since others will expect the same.
22 Hodson stated in looking at the current sizes, reviewing history, and the criteria used,
23 perhaps the Planning Commission should revisit that criteria. He commented on "smart
24 growth" of a first ring suburb and questioned if there is a need to revisit the sign
25 ordinance.
26 Horst commented on the regulations used by another community where the signs are too
27 small to read. He stated that a balance is needed and he is cautious about considering this
28 sign variance.
29 Morrison noted the proposed resolution denies the variance which would still allow them
30 to erect a ground sign that meets the ordinance requirement for square footage. He
31 commented on the study conducted seven years ago and the result that sign variances
32 have not been requested up to this point.
Mr. Mike Kalscheur, representing TOLD Development, thanked the Council for the
46 actions they have taken tonight. He stated he thinks the intent of the City's Sign
35 Ordinance is clear and he tried to determine how their needs would fit within those
City Council Regular Meeting Minutes
January 9, 2001
. Page 11
► requirements. Mr. Kalscheur noted that Walgreens is unique in being a stand alone
2 retailer with 15,000 square feet, much smaller than other stand alone retailers such as
3 Target. He stated if a 15,000 square foot strip center were proposed, the Ordinance
4 would allow for a 150 square foot monument sign as opposed to a 64 square foot
5 monument sign. He suggested that their signage needs do not fit the typical signage
6 needs which the Sign Ordinance does a good job of addressing. He stated that 50 square
7 feet per side would better fit their signage needs. Mr. Kalscheur noted the unique
8 characteristics of this site including a 20 foot wide utility easement on the eastern side of
9 the building which resulted in having to push the building farther back from Silver Lake
10 Road than is typical. Also, if traveling southbound on Silver Lake Road, the trees along
I 1 the railroad tracks block the view of the building. If traveling northbound, the residential
12 homes make the view difficult as well. In addition, the elevation falls from east to west
13 so their floor elevation will be five to six feet lower than the elevation of Silver Lake
14 Road. Mr. Kalscheur stated they want to be sensitive to residents so the building signage
15 used is not very intense. He suggested that their situation is unique and they feel making
16 a sign variance request is more appropriate than requesting an ordinance revision. Also,
17 they feel the proposed sign will be in better scale with the building.
Mr. Kalscheur pointed out the location of the proposed sign on the southeast corner in an
east/west orientation.
20 Hodson asked if a 15,000 square foot multi-use building would have the ability to get 150
21 square feet of signage. Mornson explained that if the building has multi-tenants, the
22 ordinance contains a provision to exceed the sign square footage.
23 Hodson noted that a Walgreens business includes a pharmacy, photo shop, etc. which is
24 somewhat of a multi use.
25 Mayor Cavanaugh noted that approving this variance would result in setting a precedent
26 and raising the "bar" for others to request the same. He stated that would move off the
27 established standard and asked the Council if they want to consider establishing that
28 precedent.
29 Horst stated that approval of a variance cannot be considered lightly and a hardship must
30 be found to consider approval.
31 Mayor Cavanaugh noted the Planning Commission recommendation, on a split vote, to
32 maintain the standard. He stated he is uncomfortable with changing the "bar."
Thuesen stated he understands the justification for the request and some of the rationale
it seems logical. However, he is also uncomfortable with approving the variance use due to
35 the future requests that may be received. Thuesen stated the City needs to have flexibility
City Council Regular Meeting Minutes
• January 9, 2001
Page 12
i for businesses and to assure fairness. He explained that it would have been helpful if a
2 visual presentation could have been made so all understand how it would look.
3 Mayor Cavanaugh stated the electronic readerboard sign was discussed by the Planning
4 Commission as well. He suggested the sign size variance request be returned to the
5 Planning Commission for further debate, without the issue of the electronic readerboard
6 sign.
7 Horst stated he would not object to that but noted this decision is the Council's
8 responsibility. He stated his desire for consistency.
9 Thuesen asked if the sign can be placed on a berm. Mr. Kalscheur stated the sign is
10 proposed to be on an eight foot berm which is all the ordinance allows.
1 1 Sparks asked why the request should be returned to the Planning Commission. Mayor
12 Cavanaugh stated he did not believe the issue had good closure at the Planning
13 Commission and the issue of the electronic readerboard has now been removed.
Stille stated it was not indicated at the Planning Commission meeting that the building
01 would be located farther back and lower than Silver Lake Road.
16 Thuesen stated that may or may not be considered as a hardship so he would support
17 having the Planning Commission revisit this request and consider whether the City
18 should raise the "bar."
19 Mayor Cavanaugh corrected that bus service exists on Silver Lake Road and he thinks the
20 bus shelter will be reconstructed.
21 Mr. Kalscheur stated they are unclear about the bus service or whether the shelter will be
22 rebuilt. With regard to the referral back to the Planning Commission, he stated the
23 signage issue is very important to Walgreens and impacts signing the lease. He advised
24 that this site has not yet closed so he may have to take his chances that Walgreens will
25 accept a smaller sign with the absence of an electronic readerboard.
26 Council consensus was reached to refer the Walgreens sign variance request back to the
27 Planning Commission with the Council hearing the matter at the January 23, 2001
28 Council meeting.
29 Sparks asked when the subcommittee will make a recommendation on the electronic
itreaderboard signs. Stille stated the potential sign location in front of City Hall was
discussed but found that the visibility was poor so an alternate location will be
32 considered. He explained that the sign representative will be asked to come out again.
City Council Regular Meeting Minutes
• January 9, 2001
Page 13
l Sparks asked about a sign location by the tennis courts. Stille stated he does not think
2 that is a good place due to restricted visibility but they can revisit that site.
3 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
4 City Manager's report:
5 City Manager Michael Mornson stated an update on the pay equity report will be presented at the
6 January 23, 2001 Council meeting. He advised that the City has been found, by an outside
7 consultant, to be in compliance with that law.
8 Mornson stated the sale of tax abatement bonds will be on the January 23, 2001 agenda to fulfill
9 the Central Park redevelopment project.
10 Mornson advised that based on the resolutions approved tonight to authorize hearings for the
11 February 13, 2001 Council meeting, the agenda will also include items to award the bid for that
12 project and authorize the bond sale on March 13, 2001 to raise revenue for the project.
13 Mornson advised that the investment analysis is 2/3rds complete and will be presented at the
40 February 13, 2001 or March 13, 2001 meeting.
15 Mornson advised the bids for the Opticom System will be presented at February 13, 2001
16 meeting.
17 Mornson reported they got signatures for the purchase agreement for Custom Liquidators and
18 will proceed with due diligence and examination of the title. Also, SEH is doing the survey and
19 Phase I, and will report on the condition of the building and estimate of costs to fix it. Mornson
20 noted the transaction must close by April 15, 2001 so staff will present the SEH report to the
21 Council at the March 13, 2001 meeting.
22 Mornson noted the HRA will hold a public hearing to amend the tax increment district to allow
23 use of TIF to purchase the building.
24 Mornson recommended that for the first three months of the year, the City Attorney attend all
25 Council meetings.
26 Thuesen stated he is glad to be moving forward with the Opticom System which will result in
27 better safety.
28 Thuesen reported on the proceedings of the January 8, 2001 Park Commission meeting including
the quality of the Central Park project. He advised of the subcommittees they formed to address
it park shelter designs and other issues. Thuesen stated they would like Maurice Anderson to work
31 as a consultant to oversee the park development and BRW procedures. He stated he has a sense
City Council Regular Meeting Minutes
• January 9, 2001
Page 14
1 there has been miscommunication between the Commission and BRW so they want to involve
2 Mr. Anderson in the process. Thuesen stated there may be situations where Mr. Anderson holds
3 a different opinion than Bob Cost of BRW so a process will need to be established. The
4 Commission also discussed at what point they sever ties with Mr. Anderson. If the Council
5 approves using Mr. Anderson, some parameters need to be established. Thuesen commented on
6 the need to be proactive.
7 Morrison stated his understanding there has been some misunderstanding between the Park
8 Commission and BRW, and he feels Mr. Anderson may be a positive link to resolve those issues.
9 He recommended the Council approve the hiring of Mr. Anderson at an hourly rate and to allow
to the Park Commission Executive Board to work out the details.
1 t Hodson stated he thinks this is an excellent idea because he has concerns with regard to BRW
12 and some of the specifications they have put together. He would like to assure there is a separate
13 opinion on those specifications. Hodson stated this will be an excellent opportunity for some
14 "checks and balances" in this process.
15 Mayor Cavanaugh stated a meeting was already held with Mr. Anderson who had questions
about qualifications to review specifications. He sated he believes this hourly rate is more than
7 reasonable and would improve communication between all parties.
18 Horst noted the Parks Commission is a body that makes recommendations and its responsibility
19 is not necessarily one of oversight. He also noted there are differing opinions within the Parks
20 Commission.
21 Thuesen stated he thinks that Mr. Anderson will help to bring those differing opinions together.
22 Thuesen stated when the bid was put out, a question was raised to bid the building separately so
23 that will be further discussed. He presented the estimated time line and advised that Bob Cost
24 felt the project was about two weeks behind schedule.
25 Motion by Hodson to approve a contract with Maurice Anderson at the indicated rates.
26 Motion passed unanimously,
27 Sparks commented on the e-mail messages she had received about dissatisfaction of the quality
28 of ice at Silver Point Park. She asked if something can be done to remedy the bumpy ice
29 condition and commented on the desire to provide high quality service.
Morrison stated the other two rinks have smooth ice. He noted that the Park Commission was
41 advised that it would be difficult to create smooth ice at Silver Point Park due to the slope of the
City Council Regular Meeting Minutes
• January 9, 2001
Page 15
l ground. Morrison stated staff will look at the option of grading the rink area so the ice is more
2 smooth.
3 Hodson stated he also received several calls about Silver Point Park. He noted the ice at Emerald
4 Park contains pits and inconsistency as well as an odor. He stated he thinks there may be some
5 opportunity for improvement.
6 Thuesen stated if the ground at Silver Point Park is regraded, the issues of flood protection need
7 to be addressed to assure it is not compromised.
8 Thuesen stated the Park Commission is requesting a liaison to the weekly construction meetings
9 so they are better able to report back to the Parks Commission on the process.
10 Sparks stated a committee will be formed to look at improvements to City Hall and they hope for
I 1 resident involvement. The deadline to apply for that committee is February 2, 2001. Sparks
12 stated the issue of the City not owning tables was raised and will be addressed by this committee
13 Morrison advised that one application for that committee has been received.
0 Mayor Cavanaugh stated there is a parking problem on St. Anthony Boulevard by St. Charles.
15 With heavy snows, emergency vehicles are having a difficult time getting through. He stated he
16 will work with staff on that issue to determine if parking should be restricted to one side during
17 church hours.
18 Mayor Cavanaugh reminded the Councilmembers to submit their assessment for the upcoming
19 retreat. He advised of the upcoming meeting to discuss the Community concert events.
20 Mayor Cavanaugh announced meeting dates for the Northwest Quadrant Task Force on January
21 18, 2001 at City Hall where consultant data will be presented and the Community Prevention
22 Coalition on January 18, 2001 at the Community Center.
23 Mayor Cavanaugh stated he noticed an advertisement in the Northeastern about the new fitness
24 center at Apache Plaza.
25 XII. INFORMATION AND ANNOUNCEMENTS
26 None.
27 XIII. ADJOURNMENT.
28 Motion by Sparks to adjourn the meeting at 9:25 p.m.
GMotion carried unanimously.
City Council Regular Meeting Minutes
• January 9, 2001
Page 16
1 Respectfully submitted,
2 Carla Wirth
3 TimeSaver Off Site Secretarial, Inc.
4
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6 ATTEST: dx,�� A
7 City Clerk
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•