HomeMy WebLinkAboutCC MINUTES 07261988C= TY O F S T. ANTHONY
C= w C OUN C S L M= NUT E S
.JULY 26, 1988
1 The meeting opened at 7:30 P.M. with the Pledge of Allegiance led by
2 Mayor Sundland.
3 ROLL CALL
4 Present for roll call: Marks, Sundland, Enrooth, Makowske.
5 Absent: Ranallo.
6 Also present: David Childs, City Manager
7 JULY 12, 1988 COUNCIL MINUTES
8 Motion by Makowske, seconded by Marks to approve with the following
9 changes:
10
Page
9,
line
2:
Substitute
"same" for
"previous" before "day"
11
Page
9,
line
22:
Capitalize
"Marks".
12
Page
15,
line
7:
Substitute
"spending"
for "pending".
13
Page
18,
line
27:
Substitute
"proposed"
for "wants to hold".
14
Page
18,
line
28:
Close the sentence at
"year"; strike "which
15
would" and
capitalize
"A".
16
Page
18,
line
29:
Add "would
be one feature of the celebration"
after "exhibited".
m
19 LICENSES/PERMITS/PETITIONS
Motion carried unanimously.
20 Motion by Marks, seconded by Enrooth to approve the multiple dwelling
21 registration and grant the following licenses as listed in the July 26th
22 Council agenda packet:
23 Multiple Dwelling_ Registration
24 Cameron Properties, 3721 Chandler Drive
25 Contractors License
26 Keho Construction Company, Edina, MN
27 Heating License
28 Centraire, Inc.
29
01
Motion carried unanimously.
1 Motion by Enrooth, seconded by Sundland to grant temporary 3.2 beer
permits for the following events to be held in Central Park:
3 >a Honeywell softball tournament to be held September 6th as per
4 application from Gary Havey, 3004 - 31st Avenue N.E., in the
5 agenda packet;
6 >the
Burseth family
picnic
to be held August 7th
as per applica-
7 tion
from Catherine
Chun,
3904 Macalaster Drive,
distributed
8 that
evening by the
City
Manager.
9 Voting on the motion:
10 Aye: Enrooth, Sundland, Makowske.
11 Nay: Marks.
Motion carried.
13 CLAIMS
14 Motion by Makowske, seconded by Marks to approve payment of all City
15 accounts payable listed for July 12th as well as all liquor operation
16 accounts payable listed for June 30th and July 14th.
17 Motion carried unanimously.
18 Motion by Marks, seconded by Makowske to approve payment of $26,082.04
to the Metropolitan Waste Control Commission for sewer services in July.
20 Motion carried unanimously.
21 Motion by Enrooth, seconded by Makowske to approve payment of $774.68
22 to Bruce A. Liesch Associates, Inc. as payment of the City's share of
23 consulting costs as of July 13, 1988 in conjunction with the City's
24 lawsuit against the U. S. Army et al, related to the City's water
25 contamination problems.
26 Motion carried unanimously.
27 Motion by Makowske, seconded by Marks to approve payment of $10,085.81
28 to Springsted Incorporated for professional services regarding the
29 issuance of $875,000 in General Obligation Revenue Water System Bonds
30 for the temporary carbon filtration system installed on the City's
31 wells and other costs related to the City's water contamination
32 response actions.
33 Motion carried unanimously.
34 REQUESTED PUBLIC APPEARANCE - METROPOLITAN COUNCIL MEMBER CHUCK WIGER
35 Mr. Wiger indicated he represented Metro Council District #3 which
16 included 8 communities in Ramsey County and in the St. Anthony portion
2
of Hennepin County. He said he had asked to appear that evening to give
an update on a few issues the Metro Council is working on and St.
Anthony is reviewing as well.
4 Services of St Anthony Residents Bjorklund and Kozlak Receive Highest
5 Praise
6 The Metro Council member was accompanied by Brad Bjorklund, a former St.
7 Anthony Planning Commission member. Mr. Wiger indicated he first wanted
8 to draw attention to the fine work this City resident was performing
9 for the Metro Council as a member of its Land Use Advisory Committee.
10 He reported Mr. Bjorklund had brought his expertise in land use planning
11 to such projects as the proposed mega mall in Bloomington and other
12 types of developments which have metro significance.
13 Another resident, Connie Kozlak, had been unable to come with him
14 because she was riding with her family in the Central Avenue parade that
15 evening. The Metro Councilmember distributed copies of several reports
16 and brochures which the Metro Council had developed. Included in these
17 were the forecasts of population, households, and employment for cities,
18 townships, and counties in the Twin Cities metropolitan area for the
19 years 1990 and 2000 with a specific breakdown of those statistics for
20 St. Anthony. There was also a "Citizens Guide to the Metropolitan
21 Council" handout and a map and guide to the regional parks in the Twin
22 Cities metropolitan area.
93 St Anthony Commended for Recycling Planning
z4 Mr. Wiger indicated solid waste disposal was a "top priority" for the
25 Metro Council and he knew from reading the City Council's minutes he
26 receives, that Councilmember Enrooth was very much involved in planning
27 the City's efforts to conform to the Solid Waste Management Act through
28 its newly formed Recycling Task Force.
29 He said he was particularly happy to learn that the Task Force was
30 considering the option of using the privately owned Reuter facility,
31 which would be able to take all waste materials without separation. The
32 Metro Councilmember indicated he perceived there was no main strategy
33 for waste disposal and said he would be interested in knowing whether
34 the City's final decision is to go with a massive curbside recycling
35 effort or to a combination of services to include a company like
36 Reuters.
37 Knowing the City Council wanted to be updated on not only regional
38 trends but also might want to hear what recyclers from all over the
39 country had to say about recycling, Mr. Wiger reported he had given
40 Councilmember Enrooth a button for the National Recycling Conference to
41 be held in St. Paul around September 18th.
42 Residents Complaints About Flight Pattern Changes Aired
1 Sundland explained how frustrated City officials had become trying to
convince the Metropolitan Airport Commission (MAC) and the Federal
Aviation Administration that they were actually receiving complaints
4 from residents about the noise generated by planes flying over St.
5 Anthony. He indicated the July City Newsletter had suggested that those
6 persons with complaints should call the Manager of Noise Abatement at
7 the MAC directly so the City would have more leverage in requests for
8 changes in flight patterns.
9 The Mayor said City Councilmembers knew from personal experience when
10 flying out of the International Airport that plane engines are throttled
11 back when first leaving the airport, but when they get to a certain
12 height (probably right over St. Anthony), the engines are accelerated.
13 He said he really questioned whether those plans were 3,000 feet in
14 the air by the time they are over St. Anthony because there had been
15 many occasions when the dishes in his own home rattled as the planes
16 went over.
17 The Newsletter article was written to let the complainers know the
18 Council and staff are really trying to solve the noise problems which
19 annoy them, Mayor Sundland reported.
20 Marks commented that the fact that the City had gotten no response at
21 all from the letter the City Council had written and personally signed
22 to MAC several years ago had only intensified their frustration. The
23 City Councilmember indicated he had heard numerous complaints about
24 airplane noise while he was out campaigning, but sensed those residents
hadn't bothered calling MAC because they perceived they were really
.&6 powerless to effect any change.
27 Mr. Wiger commented that it had been the noise complaints from South
28 Minneapolis residents which had ultimately led to the study which MAC
29 is now having done to determine whether the metropolitan area needs a
30 second airport. He indicated the study was also geared to respond to
31 the questions about what economic impact not building another airport
32 might have on this area in terms of lost opportunity for economic
33 growth. Such opportunity loss could result from the Twin Cities losing
34 the air traffic hub through our airport. With the new airport Denver
35 is building, there's a real chance that would happen.
36 The Metro Council member urged the City to keep in contact with Ms.
37 Kozlak to let her know whether St. Anthony would be supporting a major
38 investment being made for a second airport. He concluded this portion
39 of his report by telling the City Councilmembers the Metro Council was
40 now aware of the noise factor in their area and suggesting they follow
41 up on their letter to MAC. Their complaints might reach a more
42 receptive ear now that Jo Nunn, the former Minnesota League of Cities'
43 President, now chaired the noise abatement committee.
44 City Urged to Get Involved in Light Rail Transit (LRT) Issues
1 Mr. Wiger indicated he had noticed the Council was scheduled to discuss
the Anoka/Hennepin Northeast Corridor Study later in the agenda. He
s said as they already knew, the Metro Council was going through some
4 major decision making as to whether and when the metropolitan area is
5 going to have light rail transit. He perceived St. Anthony was caught
6 in the middle of decisions made between the three counties in terms of
7 how the City wanted to position itself with all the options,
8 including numerous proposed corridors of which Highway 88 is one.
9 The statutory mandate from the state is for the Metro Council to
10 coordinate all seven county proposals and Mr. Wiger's advice to the City
11 would be to work closely with at least Hennepin Ramsey, and Anoka County
12 Railroad Authorities to determine how St. Anthony's interest could best
13 be served. Metro staff people would be available to help the City
14 "troubleshoot" any problems encountered with the planning, he added.
15 Sundland indicated he had sat in on a couple Anoka/Hennepin meetings
16 on light rail and had a personal conversation with an Anoka County
17 Commissioner where he had gotten the impression that not everybody's
18 questions on the issue had been answered yet. He said he personally
19 had sensed things were moving too fast when it came to Hennepin County's
20 proposal. The Mayor said he was glad to find out that the Metro Council
21 intended to serve as the bridge over which the plans had to travel to
22 assure equal treatment for all areas.
23 Marks commented the question of whether we really need a public transit
?4 system is easily answered by just driving down Highway 35 in rush hour
traffic which he has to do to get to the southern part of the
26 metropolitan area to teach. He said driving long distances at "a fast
27 walk" pace made him conclude "it's a lot worse than last year and
28 projecting what will happen next year with major construction projects
29 planned for Highways 35, 94, 694, and 55, it's apparent even with
30 another lane of traffic added that we have to do something different to
31 solve the transportation problem."
32 The City Councilmember said he perceived there was a high level of
33 frustration with the unsuccessful attempts in the Legislature to do
34 something about getting a LRT system set up while the current system
35 gets more tightly packed every year. He commended the Metro Council's
36 and Hennepin County's efforts to grapple with the transportation
37 problem "which is getting worse and worse every year."
38 Makowske told the Metro Council Member that the City hadn't included
39 metropolitan transportation questions in the community survey this year
40 and she later suggested that might be an issue the City might want to
41 get insight on with the next survey.
42 Sundland commented that because St. Anthony is so close to Downtown
43 Minneapolis and residents can use other methods to get there, the level
44 of frustration might not be as high as it would probably be in Fridley
45 and Coon Rapids. He agreed that St. Anthony had good bus service, which
5
1 he perceived was an in place system which might not have been exploited
as much as it could be.
3 Biorklund Tells How He is Involved in Mall Plannina in Metro Area as
4 Well as Other States
5 The St. Anthony resident reported he was consulting on the Bloomington
6 and Nicollet Avenue malls and also had been flown to two Washington
7 state cities as well as Denver, and Portland, to provide consultation
8 services on projects.
9 Wiger and Bjorklund were both thanked for the insight they had provided
10 related to various issues which were very important to the City.
11 REPORTS
12 JULY 19, 1988 PLANNING COMMISSION MINUTES - LONDON
13 Conditional
14 Davidson Mc
15 Street N. E.
16 Commission Recommendation
17 London reported the Commissioners had unanimously recommended the above
18 be granted because during the two public hearings, on the Ordinance
19 change and the permit, which they had conducted, they had been convinced
none of the activities proposed to be carried out at that location would
z1 be an annoyance for residential or business neighbors in that area.
22 The Commission representative indicated the applicants had given
23 assurance that there would be no store associated activities carried on
24 outside the store and major repairs would be done at another location.
25 Hours of operation would be such as not to disturb the neighbors and
26 demonstration rides would be minimal and not on residential streets.
27 The Commissioner told the Council Leo Kuelbs and his two sons, Joe and
28 Kevin, had been very forthright in their responses to Commission
29 questions and had agreed to all the conditions the Commission had
30 stipulated for approval.
31 Proponent - Kevin Kuelbs, 8545 Highway 101, Savage, MN
32 Mr. Kuelbs confirmed that the restrictions the dealership imposed on
33 demonstration rides because of the liability which they might suffer,
34 minimized the number of rides which could be expected at this location.
35 When Councilmember Makowske suggested not tying the hours of operation
36 to those kept by the Savage operation for fear those hours might be
37 expanded, Mr. Kuelbs had to be assured that by doing so the City would
38 not be preventing them from shortening those hours if business dictated.
39 Council Action
2
1 Motion by Marks, seconded by Makowske to grant a Conditional Use Permit
to Leo and Joe Kuelbs, Twin City Harley-Davidson, for a motorcycle sales
and accessory shop at 2519-21 Harding Street N.E., which is not to
4 include major repair services at that location. The permit is also
5 granted contingent upon annual review by staff on the basis of excessive
6 complaints about the operation.
7 The business will also be required to:
8 1. maintain hours of operation not to exceed:
9 9:00 A.M. to 8:00 P.M., Monday through Thursday, and
10 9:00 A.M. to 5:00 P.M., Friday and Saturday;
11 2. encourage test drivers to use Highway 88;
12 3. provide all services and displays within the building with no outside
13 storage;
14 4. do only setting up and minor repairs at the St. Anthony location
15 with all major repair jobs done elsewhere.
16 In granting this permit the Council finds, as did the Planning
17 Commission, that:
18 a. the proposed conditional use meets all three conditions which have to
19 be satisfied before a conditional use may be authorized;
z0 b. no opposition to the permit was registered during any of the hearings
21 on this use or the permit itself;
22 c. the applicants have been made aware of the City concerns related to
23 access in light of nearby residences.
24
25
26
27 Commission Recommendation
Motion carried unanimously.
28 London reported there had been considerable discussion during the July
29 19th hearing after which the Commission had voted 5 to 1 not to
30 recommend the Council grant the necessary variances for a garage and
31 second story additions for the property at 4029 Penrod Lane. Eugene B.
32 Tomas of that address had requested he be allowed to add a second 32
33 foot X 24 foot garage to his existing garage to access on Silver Lane
34 and to construct a bedroom addition above the existing garage.
35 The Commission representative presented a lengthy report of the
36 deliberations of the Commission, which were contained in their minutes.
7
1 Missina Minutes Noted
Makowske indicated she perceived the omission noted on Page 8 might
3 contain testimony vital to the Council's decision that night.
4 London told her his recollection was that the missing portion contained
5 mostly Commissioner Hansen's reasons for wanting the variance granted
6 as well as his own perception that the issue hinged on whether or not
7 the new garage might only be used to expand the plumbing business which
8 was being run out of the Tomas home. Mr. London said he personally
9 believed in garage additions as a way of getting vehicles inside, but
10 when Mrs. Hogan brought up the issue of the plumbing business, it
11 changed his mind about granting a variance for this addition. He also
12 thought that testimony changed other minds on the Commission as well.
13 The Commission representative reported Commissioner Hansen had
14 emphatically stated that he didn't believe whether or not the business
15 was run out of the home should even be an issue in the Commission's
16 deliberations but rather, they should only be acting on the applicant's
17 statement that he wanted to add onto his garage for additional parking.
18 Secretary Crowe reported she had gone out of town right after she
19 submitted her draft of the minutes and had not realized until just that
20 moment that the minutes were incomplete. However, she said she thought
21 most of Commissioner Hansen's arguments in favor of the variance had
22 been pretty well reiterated on Page 10 of the minutes in the agenda.
Minutes Report of Withdrawal also Confusing
24 Enrooth reported when he had read that the variance request had been
25 withdrawn he hadn't been too concerned about what the missing page of
26 minutes might have reported and that information had also caused him
27 not to make his usual inspection of the property. He asked what had
28 happened.
29 Mr. Tomas told the Councilmember he had gotten "quite heated" at the
30 end of the hearing because he had been taken "off guard" by the claim
31 about his plumbing business and the possibility that he might be forced
32 to go with a detached garage because of that report.
33 Proponents - Eugene and Nicole Tomas, applicants
34 Dick Fisher, 3000 Silver Lane; Don Zebro, 4017 Penrod
35 Lane; Ernest M. Wirtz, 4028 Macalaster Drive, neighbors
36 Eugene Tomas reiterated that the purpose of the new garage was to "get
37 vehicles, etc. which are parked outside now, off the driveway." He said
38 his lot is 138.8 feet deep and 85 feet wide and the attached garage
39 would maintain the same alignment as already existed by variance since
40 1966 for the existing garage.
41 "As proof for anyone who doubted it would be a real hardship for him to
A2 construct the new garage in any other location", the applicant presented
3
1 four sketches of "bird's eye views of his house" with ways of building
the garage which wouldn't require a variance but would ruin either his
s own or his neighbor's view of his backyard. Mr. Tomas reiterated that
4 he perceived any detached garage couldn't help but be "ugly."
5 Petition Supporting Request Provided by Applicant
6 Tomas then handed the Secretary a petition in favor of the variances
7 which he said had been signed by all but one of his neighbors who had
8 been reluctant to sign the paper until he saw what the other neighbors
9 did.
10 Mr. Tomas told the Councilmembers he had lived in that same house for
11 22 years and the testimony at the July 19th hearing had been the first
12 complaint he had ever gotten concerning his business.
13 The petitioner told Enrooth if he had not been so taken off guard by his
14 neighbor's testimony at the hearing, he could have explained that he
15 actually only has two vans which are used for business because the one
16 his wife drives is intended for recreational use and his wife only uses
17 it when he needs to have her bring supplies to him at the job site.
18 He added that:
19 *he could easily get all the supplies out of the garage by purchasing
20 a large "cube" van which probably wouldn't look too good for the
21 neighbors;
1 *the van which is going to be used for work now was the one his family
c3 had gone camping in the last two years and doesn't look at all like a
24 work vehicle;
25 *only one of his four sons works full time for him now and the other
26 three only help out during the summer when they are out of school;
27 *the reason he wants to get the new garage built this August is that
28 those three have to return to school in September;
29 *basically, he has never worked out of his van and no one he has
30 worked for has ever come to his home to have work done;
31 *only supplies coming from out of town are delivered to his home and
32 thee were five of those were delivered from St. Cloud since the first
33 of the year.
34 Mr. Wirtz reported he had lived right behind Mr.Tomas for the last three
35 years, during which time he had experienced "no trouble when it came to
36 noise morning or evening, or even when he and his wife were sitting in
37 their back yards." The neighbor said he liked Mr. Tomas' plans and
38 the reason he had signed the petition had been because he "certainly
39 didn't think the new addition would be an eyesore."
9
1 Sundland commented that if he were Mr. Wirtz, he would certainly be
a lot happier to have the addition attached to the house rather than the
s rear of the lot.
4 Applicant Warned About What Could Happen if He Builds So Close to His
5 Property Line
6 when Marks observed that Mr. Tomas would only have 11 feet of driveway
7 in which to park vehicles much longer than that, Mr. Tomas indicated he
8 recognized that would be a problem he has to contend with because "the
9 City has every right to plow snow on their right-of-way." He also
10 indicated he perceived it might be advisable for him if he ever sold the
11 property, to warn the buyer that there was every chance the City crews
12 would be plowing the driveway in or vehicles parked in the driveway
13 might get hit by plowing equipment.
14 The applicant also told Makowske he clearly understood the extra
15 bedroom he was adding for his mother could never be rented out to anyone
16 outside the family.
17 Mr. Zebro indicated he was present that evening because he had gone
18 through a similar problem when he had added to his own garage and a
19 neighbor had opposed the addition because "her realtor had advised her
20 not to sign any papers." However, the Mayor and Building Inspector at
21 that time had decided to grant him the variance for the garage in spite
22 of that opposition. Mr. Zebro indicated that when Mr. Tomas had told
23 him what had happened at the hearing, he had advised the applicant to
: go to the council with his application for variance because he
z5 "personally believed that neither in his own or Mr. Tomas' case, should
26 one person's opinion prevent a homeowner from doing what he wants with
27 his own property."
28 Mr. Fisher told the Council he was the "neighbor who lived across the
29 street next to the woman who had opposed the variance." He said he was
30 also the neighbor "who allegedly had a car repair business in his
31 garage." The proponent said that was not true and explained that:
32 *he is an electronic engineer for a company in Chaska and has nothing
33 to do with cars;
34 *he is divorced and returned to his home only two months ago when he
35 had been awarded the house and custody of his two sons who had
36 previously lived with their mother;
37 *his ex-wife had let the boys do pretty much whatever they wanted to
38 do, including having parties when she was away, which had probably
39 irritated Mrs. Hogan.
40 In relation to the requested variance, Mr. Fisher stated he had no
41 problems with what Mr. Tomas proposed to do with his property because
42 "his cars have always been tucked away and not an eyesore for me."
10
1 London's Reaction
2 *reiterated his impressions of what had happened at the July 19th
3 hearing;
4 *reported a couple of the Commissioners had been "dead set" against
5 the proposal;
6 *indicated he had been "rather negative against it" because he
7 generally favored letting people build double garages rather than to
8 park outside;
9 *told the applicant's wife he was the lith child in a family of 12 so
10 he knew just what they had to contend with;
11 *indicated, however, that when it came to Mrs. Hogan, she had not
12 struck him as a "busybody" but rather had been brief and to the point
13 when she told the Commissioners "there's a plumbing business there and
14 a lot of boys with a lot of vehicles parked all over";
15 *said his vote against the variance represented his concern that the
16 City not allow something which might exacerbate the problem which is
17 already there;
18 *told Enrooth he wasn't sure how he might have voted if Mr. Tomas
19 had presented the signed petition he had just distributed during the
20 hearing or the neighbors who had spoken that evening had testified the
evening of the hearing and balanced out the report from Mrs. Hogan, but
22 *noted her absence that evening, probably because she thought the
23 issue was dead, still left some questions to be answered.
24 Childs commented that he perceived Mr. Tomas had been operating his
25 plumbing business out of his home for the past 22 years and that the
26 main concern of the Commissioners during the hearing had been that there
27 be no expansion of what was already there.
28 Sundland drew a comparison between the company he works for letting the
29 repairmen keep their trucks at home at night and Mr. Tomas' situation.
30 Marks agreed that running a business out of vans was not the same as
31 conducting business from the home. The Councilmember recalled the
32 difficulties the Planning Commission had encountered with trying to
33 write ordinances which limited home occupations which caused no problems
34 for neighbors related to traffic congestion or parking. He also drew
35 a parallel between what the Commission was trying to do in this case and
36 what the Council had not been able to do when they were writing an
37 ordinance which addressed complaints about "messy yards, general
38 unsightliness, and construction equipment parked in front and side
39 yards." Councilmember Marks said he had opposed the City imposing
40 arbitrary limitations on the number of vehicles which could be parked
Al on residential driveways because he knew from his own experience that
11
I such a regulation would be difficult to enforce because of the
difference in space available for parking on driveways. However, Marks
s said, he perceived there was a third aspect of this request which
4 involved the question of whether the variance legally met the statutes
5 of the State from whom the City derives its authority to issue
6 variances. Having taught about this issue in the Government Training
7 Service sessions and discussed it with many planners and planning
8 commissions over the last eight years, Councilmember Marks said he had
9 concluded what it came down to finally was that a particular parcel of
10 land had to be so very unusual that the normal application of the
11 variance would be unreasonable. As an example, he gave several examples
12 of cases where the unusual topography of the land itself might prevent
13 the owner from properly siting a structure or making a "reasonable" use
14 of his land.
15 In looking over the Tomas site, the Councilmember indicated he "couldn't
16 see any reasonable way for the City to grant a variance because there
17 was nothing unusual with respect to the parcel of land which prevented
18 it from being used in a reasonable fashion without granting a
19 variance."
20 Marks said he believed from the standpoint of the State statutes there
21 might be some serious questions raised about the City granting the
22 variance requested in this case. The Councilmember added he knew
23 Councils at times granted variances without justification for doing so
24 because they wanted to be "good guys."
Snrooth challenged the last statement, telling Councilmember Marks he
t6 perceived instead, Councils based their decisions on general
27 architectural design or how a proposed structure would fit into how the
28 property is viewed, maybe not from a legal standpoint, but rather for
29 its looks or appearance. He pointed out that the non -conforming
30 existing structure is already there and the City is not going to attempt
31 to remove it. The decision should therefore be whether "to enhance or
32 detract from its appearance."
33 Makowske indicated she disagreed with Councilmember Marks' assessment
34 of the City's ability to grant this variance. She said she believed
35 the physical surroundings which includes a deck which is already
36 present and the use of the land as a yard had also to be taken into
37 consideration. It was her opinion that adding the new garage where the
38 applicant proposed would be much better because it would be in alignment
39 with the existing structure which the City had allowed previously by a
40 variance and a "particular hardship" might result because of that
41 variance if the applicable ordinance were strictly enforced."
42 When Marks commented that he perceived the addition could be sited
43 elsewhere on the property, Sundland pointed out that the same had also
44 been the case in 1966 when the City approved a variance for the same
45 alignment as is being requested now.
12
1 The Mayor told Marks he agreed with his report on the "touchy
' situation" the Council faced when it unsuccessfully tried to pass an
s ordinance which dictated how many vehicles a homeowner could have, which
4 in his own estimation was not much different than trying to restrict the
5 number of children in a family. Mayor Sundland said, however, that he
6 had agreed wholeheartedly with the final ordinance restriction against
7 parking on lawns and in front yards which he perceived were activities
8 the Council had every right making a statement about. He said he
9 perceived the variance before them that evening addressed some of the
10 same issues.
11 Marks said he could still nothing unusual about the topography of this
12 parcel to justify a variance and he was concerned that by "granting
13 variances willy, nilly" the Council might be weakening the ordinance
14 itself.
15 Sundland's response was that he perceived ordinances weren't intended
16 to be "cast in concrete" either and variances, like conditional use
17 permits, were ways cities had given themselves to flex a little with
18 their constituents who are the people who live in the houses and whose
19 needs may have changed over the years.
20 The Mayor agreed that the courts might be "tough" about some variances,
21 but he continued to believe the City had to have a certain level of
22 flexibility to meet changes in standards and styles of living. He
23 wondered aloud whether some of the laws the City has on its books now,
24 like the ordinance requiring double garages on all new homes, would be
able to withstand a constitutionality challenge in the courts. He said
/6 he guessed he was looking at this issue from a different perspective
27 than Marks.
28 The Mayor indicated he was of the opinion that since the City had
29 already granted a variance for the garage alignment, it should be
30 continued with the addition. However, he perceived there was a need for
31 an understanding between the applicant and the City that there will be
32 no future complaints about snow or apartment rental if the Council
33 allows Mr. Tomas to construct the additions he proposes at this time.
34 Makowske reiterated that she perceived from a "common sense point of
35 view", the Tomas property would look much better with the new addition
36 in alignment with the existing structure and without a long driveway
37 which would just be taking up green space.
38 Marks said he had no argument about the proposal looking better, but
39 still perceived the addition did not qualify for a variance under the
40 State statutes. This prompted a long philosophical discussion of how
41 much higher governments should be able to dictate to local governing
42 bodies.
43 London inquired whether future expansion of the plumbing business ought
44 to be addressed in the Council's motion.
13
1 Sundland responded to the Commissioner's concern about preventing
further expansion of what business activities might be carried on in the
3 Tomas home by telling him that after the Commission and Council had
4 grappled with the issues of businesses in homes for a long time, the
5 City Attorney had advised them not to get too involved in writing
6 ordinances about businesses which didn't generate a lot of outside
7 traffic to a neighborhood. The legal adviser had indicated businesses
8 like beauty shops in homes were the types of businesses the City could
9 disallow, but there might be a lot of difficulties involved in trying
10 to distinguish the differences between workers who all left and
11 returned to their homes via whatever form of transportation worked best
12 for them personally.
13 Nicole Tomas gave the last testimony in favor of the variances. She
14 reminded those present that when someone at the hearing had complained
15 about "too many people" they were talking about members of her family.
16 She also said "hopefully some of the vehicles can be parked in the new
17 garage addition."
18 Makowske indicated she could still not accept Councilmember Marks'
19 conclusions about what constituted a "hardship" and reiterated her
20 reasoning in the following:
21 Council Action
22 Motion by Makowske, seconded by Enrooth to grant the request from
23 Eugene B. Tomas, 4029 Penrod Lane N.E., for a variance from the setback
4 requirements of the Zoning Ordinance to allow a 32 foot X 24 foot
e5 addition to the east side of the existing garage which would be 11 feet
26 from the Silver Lane property line as well as the variance necessary
27 for the proposed second floor addition to the existing garage.
28 In granting these variances, the Council finds that:
29 1. The three conditions required by statute are met in the
30 affirmative because it appears the physical surroundings, including the
31 patio and yard area, would best be served by the proposed extension of
32 the garage as proposed.
33 2. In light of recent ordinance changes in which the City was
34 trying to discourage outdoor parking, it seems logical for the Council
35 to grant a variance now which provides more indoor parking for this
36 parcel.
37 3. The variance to allow an 11 foot setback from the Silver Lane
38 property line where the City Ordinance requires 30 feet is perceived as
39 only an extension of a variance which was granted for the property
40 when it was first built.
41 4. The applicant understands that he can't park any of his vehicles
42 on the City boulevard and that the City Zoning Ordinance forbids his
14
renting out the addition above the existing garage on that R-1 (single
family dwelling) zoned property.
3 Voting on the motion:
4 Aye: Makowske, Enrooth, Sundland.
5 Nay: Marks.
6 Motion carried.
7 Council to Seek Further Leaal Guidance on Variances
8 In response to Councilmember Marks' "Nay" vote, Enrooth indicated it was
9 obvious to him that the Council might need further guidance from the
10 City Attorney as to how variances are to be reviewed in light of State
11 statutes. He said this wasn't the first time the Council had devoted
12 an hour or more to discussions about the variance process and he
13 thought further crystallization of the legalities and responsibilities
14 might be in order.
15 REPORTS
16 COUNCIL REPORTS
17 Residents Complain About High Noise Levels From Autotraac Sho
18 A petition from the residents across 37th Avenue N.E. regarding the
3 above had been previously received and Makowske reported one of the
z0 neighbors had indicated to her that the problem had not yet been
21 corrected. The Councilmember reported when she had gone to the shop to
22 talk to the owner he had indicated he perceived he was "being
23 harassed." Childs said he had talked to Mr. Krell a couple of hours
24 after Councilmember Makowske had left and he had admitted he had to keep
25 his shop doors closed while doing noisy repair work. Sundland
26 commented that he perceived the problem resulted from the County
27 removing all the trees, etc. which had acted as noise barriers between
28 the commercial on one side of 37th and residential on the other.
29 Untimely Death of John Rose Saddens Council
30 Sundland reported a bouquet of flowers from the Council and the St.
31 Anthony residents had been sent to the funeral home and all
32 Councilmembers had paid their respects to the State Representative "who
33 would be missed not only by his district but the whole state." His
34 sentiments were echoed by the other Councilmembers.
35
36
37 The Councilmember indicated he realized when he had attended a recent
38 "Hollywood Bowl" concert in the Roseville Bowl that the City's new
19 facility might also attract crowds like the 3,000 in attendance that
15
I evening. He said there would have to be very careful planning when it
? came to location, parking, traffic, etc. for the proposed band shell.
3 Councilmember Enrooth added that he was pleased to announce that the St.
4 Anthony Civic Orchestra was scheduled to play in the Roseville Park,
5 July 28th.
6 City Officials Invited to Participate in "Night Out"/Kick-off at NSP
7 Plaza, August 9th
8 Sundland indicated he would get further information regarding the above
9 to the other Councilmembers, but he recalled the invitation had included
10 bringing the City's proclamation to be posed with all the others in the
11 Plaza. The Mayor reported his company, U.S. West, had distributed
12 thousands of shriek alarms as a safety measure for everyone in the
13 company, men and women, which he perceived reflected the concern large
14 companies downtown have regarding recent parking ramp incidents.
15 Marks Gives His Perspective of John Rose From the Viewpoint of a
16 Political Opponent and Reports on Other Activities
17 The Councilmember recalled that during his campaign for the same
18 legislative seat as John, he had gone over Representative Rose's record
19 with a fine tooth comb and found very little to use against him when it
20 came to environmental, education, etc., issues. Councilmember Marks
21 indicated he and the legislator, in spite of belonging to different
22 political parties, had become very good friends over the years with Mr.
23 Rose even offering some very helpful suggestions for a project the
I Councilmember was undertaking. Marks said he perceived the large crowds
z5 at the funeral bore out what he had heard from other legislators, that
26 John Rose was one of the only a few legislators who served as a bridge
27 between opposing views of the Democrats and Republicans caucuses and
28 had been a "moderating influence on his own caucus."
29 Sundland affirmed that Representative Rose had always spoken very highly
30 about Councilmember Marks, saying the Councilmember had always
31 maintained a high level campaign against him, which the Mayor observed,
32 was not always true of all campaigns.
33 Marks reported the Youth Service Bureau fund raising was progressing
34 very successfully.
35 In reference to Councilmember Enrooth's report on the St. Anthony Civic
36 Orchestra in which he plays, the Councilmember indicated the Roseville
37 concert would be their last this season and had been preceded by very
38 well attended concerts at both the Lake Harriet Pavilion and Walker
39 Center. The Councilmember also noted that Councilmember Makowske's
40 son, Chris, was now playing with the orchestra.
41 Makowske Commends Staff for a "Super Job" on the July Newsletter
42 The Councilmember indicated she was proud to have the City's message
A3 to its residents going out now. Childs agreed that staff had done an
16
1 exceptionally good job in this regard, saying he realized just how much
better when he had pulled out an old 1980 Newsletter and compared the
3 two.
4 Sundland reported he perceived the Newsletter rated right up there with
5 the City Manager's Downgradient, copies of which he had been told many
6 recipients are posting on their bulletin boards.
7 DEPARTMENT AND COMMITTEE REPORTS
8 Brief discussions preceded the order to file the following for future
9 reference:
10 *Hance & LeVahn, Ltd. report on matters conducted at the Hennepin
11 County District Court through July 6th, in which the law firm had
12 represented the City.
13 *June, 1988 Financial Report.
14 CITY MANAGER REPORTS
15 Julv 19. 1988 Staff Meeting Notes
16 The Council expressed apprehension about spending $80,000.00 to replace
17 the 25 year old Fire Department utility van for which Chief Entner
18 reported his department was checking used vehicles and felt more
19 information was needed before making a final decision.
z0 The Manager reiterated the information he had given the Planning
21 Commission July 19th related to the Mickey D's Restaurant opening under
22 new ownership. He confirmed that the new owners have indicated they
23 would be taking down the "ugly" roof sign on the building and would be
24 improving the overall appearance of the restaurant.
25 Central Park Wading Pool Closed Down for County Permit and Automatic
26 Chlorinator
27 Childs explained the reference to the above in the Staff Notes. He said
28 Hennepin County had just become aware of the pool's existence and had
29 informed the City that they were not in compliance with the County's
30 above regulations. The Manager said staff thought they had found a
31 chlorinator which would work, but the pool couldn't open without it.
32 No Environmental Problems Discovered Yet with Study Preceding Parkview
33 Acquisition
34 When Makowske asked what the environmental problems referred to in Page
35 12 of the Planning Commission minutes were, Childs indicated the use of
36 the word "more" in the report had been an error because no
37 environmental problem had been unearthed to date although the asbestos
38 study had not yet been completed.
17
1 St Anthony to Participate in Anoka/Hennepin Corridor Study
l Copies of the July 14th invitation for the City to appoint
3 representatives to serve on three advisory committees working on the
4 study had been included in the agenda packet. Marks said he would be
5 interested in serving on the Intergovernmental Advisory Committee.
6 Sundland suggested resident Bernard Weber's state employment background
7 might prove helpful to the City on the corridor study, which would
8 include Highway 88. Childs recommended that when the City gets a new
9 Administrative Assistant, that person could serve on the technical
10 Advisory Committee.
11 Council Action
12 Motion by Enrooth, seconded by Sundland to appoint Councilmember Marks
13 to represent St. Anthony on the Intergovernmental Advisory Committee and
14 to authorize a letter be written to Bernard Weber to ascertain his
15 interest in serving on one of the Corridor Advisory Committees which
16 will be undertaking a comprehensive study of a light rail transit
17 corridor to link Anoka County with downtown Minneapolis.
18 Voting on the motion:
19 Aye: Enrooth, Sundland, Makowske.
20 Abstention: Marks.
21 Motion carried.
e2 Council Agrees Calgon Carbon Had Good Reason for Late uelivery or uarpon
23 Filtration Equipment
24 The Council agenda packet had contained a copy of the July 21st letter
25 from the project engineers, Rieke -Carroll -Muller Associates,
26 recommending a three day extension without penalty of the Calgon Carbon
27 contract because of the unavoidable conflict between Federal regulations
28 against transporting over the Fourth of July weekend and the contract
29 delivery deadline. The engineers had also based their recommendation
30 on the fact that the delay had not prevented completion of the project
31 within the second contract time frame which ended July 20th.
32 Council Action
33 Motion by Marks, seconded by Sundland to waive the penalty for the three
34 day late delivery of Calgon Carbon equipment as per the project
35 engineer's recommendation.
36 Motion carried unanimously.
37 Council Concurs that Sanitary Sewer Rate Adjustments Better Method than
38 Assessing for Financing $225,000 Foss Road Lift Station Replacement
39 Project
m
I The above had been the recommendation of the project engineers, Short -
Elliott -Hendrickson, Inc., whose July 12th letter had summarized the
3 findings of the study they had made which had caused them to conclude:
4 *a rate increase to cover these costs would be easier to justify and
5 less complicated to implement than an assessment to the customers
6 tributary to the pumping station;
7 *using a City-wide rate increase would result in a lower cost per
8 customer;
9 Childs recommended the same method of financing be adopted when the
10 City undertakes improvement of the sanitary sewer system under Wilson
11 Street N.E.
12 Enrooth stated that he still believed the reason the City had to replace
13 the lift station had by and large been because of sand and gravel
14 generated by the Happy's Potato Chip plant whose input far exceeded any
15 which could possibly emanate from a residential dwelling. The
16 Councilmember indicated he was usually "pro-business" but was concerned
17 that Happy's be required to pay their fair share.
18 Childs told him the only argument he could offer was the fact that
19 Happy's would also be paying the costs of the improvements on the south
20 side of the City, which would probably be of no particular benefit to
21 them. He stated the concerns of the engineers that an assessment might
22 be based on a low consumption quarter and result in residents perceiving
3 that method might be unfair for their particular situation. He
z4 confirmed that if the Council went along with his recommendations, the
25 only City projects which would be assessed in the future would be street
26 and storm sewer. However, the City might decide to establish a Storm
27 Sewer Utility Fund to cover future storm sewer projects and to avoid
28 resident protests about being assessed more than once for the same
29 system.
30 Enrooth acceded to the other Councilmembers' decision to go along with
31 staff and the engineers on this issue and Marks' perception that it
32 might cost the City more in engineering costs to find out how they
33 could make the assessment more reflective of usage than could be saved
34 by going with the rate adjustment.
35 Childs indicated he perceived he had a Council consensus on the policy,
36 but said he would return to the Council if the rate increase exceeded
37 the 10 cents he anticipated would be necessary to cover the lift
38 station project costs and would look more at the Happy's issue. Part
39 of the Wilson Street project costs would be incorporated into the MSA
40 study on the street improvements.
41 Council Not in Favor of St Anthony Dropping Sprinkling Restrictions Now
42 That Well #3 and the New Carbon System are in Full Operation
19
The general consensus was that, even though the City had enough water
for its own needs, it wouldn't be good public policy for the City to
start depleting the aquifer any further than necessary as long as the
drought continues. Sundland said he had a "gut feeling" that the City
was actually selling more water by having the odd/even sprinkling
schedule that it would if those restrictions were dropped. Childs
confirmed that the City's Water Fund was about $30,000 ahead of where
staff had anticipated it would be at this time.
9 Nadeau Company Selected to Construct Building for New Temporary
10 Filtration Plant
11 Motion by Enrooth, seconded by Marks to follow the Public Works
12 Director's recommendation to accept the low bid of $14,500 from the R.
13 A. Nadeau Company to erect a 40 Foot X 43 foot temporary pole shelter
14 to house the temporary plant until a permanent system replaces it. The
15 Council also concurs with Mr. Hamer's recommendation to accept Nadeau's
16 bid of $1,267.00 for 26 gauge rather than 29 gauge metal walls. Staff
17 is urged for safety reasons to get the building up as soon as possible.
IV]
Motion carried unanimously.
19 Peterson and Ernt to Serve on the St. Anthony Historical Committee
20 Childs reported Irving Peterson and Bob Ernt had indicated they wanted
L to serve on the above. Enrooth said Kim Johnson was also interested.
22 Florence Marks' name had been previously offered and Makowske reiterated
23 that she was going to talk to Ruth Harris about serving. Staff would
24 be confirming their willingness to serve.
25 It was agreed that Committee meetings should be video recorded for
26 posterity and that there should be a concerted effort made to get old
27 photos which Enrooth said should be duplicated and returned promptly.
28 NEW BUSINESS
29 Childs explained that when the City was dropped from the Hennepin County
30 Health Insurance program, the LOGIS program seemed to offer the best
31 replacement.
32 Council Action
33 Motion by Enrooth, seconded by Marks to adopt Resolution 88-029 with the
34 spelling correction in the second paragraph suggested by Councilmember
35 Makowske.
go
1
RESOLUTION 88-029
2 A RESOLUTION APPROVING PARTICIPATION IN THE
3 LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS)
4 HEALTH CARE GROUP (GROUP) BY THE
5 CITY OF ST. ANTHONY
C:
7 UNFINISHED BUSINESS
Motion carried unanimously.
8 Motorcycle Sales and Accessories Approved as Conditional Uses
9 Motion by Marks, seconded by Makowske to approve the third reading and
10 adopt Ordinance 1988-007 accepting motorcycle sales and accessories as
11 Permitted Conditional Uses in the City Zoning Ordinance.
W
ORDINANCE 1988-007
13 AN ORDINANCE RELATING TO ZONING: AMENDING
14 ORDINANCE 1976-006
15
Motion carried unanimously.
16 Shopping Centers Redefined in Zoning Ordinance
17 Motion by Makowske, seconded by Enrooth to approve the third reading and
3 adopt Ordinance 1988-008.
19
ORDINANCE 1988-008
20 AN ORDINANCE RELATING TO LICENSES, PERMITS, AND
21 BUSINESS REGULATIONS, AMENDING SECTION 430.00
22 OF THE 1973 CODE OF ORDINANCES
VFAI
Motion carried unanimously.
24 Childs Commended for Excellent Dedication Ceremony
25 Marks suggested thanks were in order for the planning which had gone
26 into the ceremony that evening to dedicate the City's new carbon
27 filtration plant.
28 ADJOURNMENT
29 Motion by Enrooth, seconded by Marks to adjourn the meeting at 10:20
30 P.M.
Z1
21
Motion carried unanimously.
I -
Respectfully submitted,
2 Helen Crowe, Secretary
3
4 May6r
5 ATTEST •
6 City Clerk
7 :cjk
8
22