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HomeMy WebLinkAboutCC AGENDA 11091982 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozoss Box: 21 Folder: CC MINUTES AND AGENDAS 1982 Document: CC AGENDA 11091982 D CITY OF ST. ANTHONY COUNCIL AGENDA No vember_ 9, 1982 • 7:30 P.M. A. Call to Order/Pledge of Allegiance B. Roll Call . C. Approval of October 26, 1982 Council Minutes. D. Licenses/.Permits/Petitions E. Presentation. of Claims . 1 . Matheny Construction. - $101 ,957_. 17 2. Short-Elliott-Hendrickson, Inc. - $482.27 3. Verified Claims F. Reports 1 . Council Reports a. Mayor Sundland d. Councilman Marks b. Councilman Enrooth e. Councilman Ranallo c. Councilman Letourneau 2. Commissions/Departments/Committees. a. Roscella Connelly - East Side Hennepin Human Resources Committee-report 3. City Manager G. Public Hearings. H. New Business 1 . Resolution #82-050-re:City's outstanding checks. 2. Resolut.ion #82=051.-re: transferring costs of special assessment projects to proper funds. 3. Resolution #82-O52-re: terminating Fund #506. 4. Resolution #82-O53-re: road maintenance services agreement with Hennepin County. I . Unfinished Business 1 . Ordinance #1982-007-re: conditional use within commercial district - (tabled, 3rd reading) . J. Adjournment = r_4 LICENSES FOR COUNCIL APPROVAL HEATING Equipment Supply Inc. Air Comfort Inc. MULTIPLE DWELLING REGISTF.ATION PEPMIT D4acalaster Apts-New owners • CITY OF ST. ANTHONY • COUNCIL MINUTES November 9 , 1982 Mayor Sundland opened the meeting with the .Pledge of Allegiance at 7 : 30 P .M. Present for roll call": Marks , Ranallo, Sundland, Letourneau and Enrooth. Also present: David Childs , -City Manager. PRotion by Councilman Enrooth ,and seconded by Councilman Letourneau to approve as submitted the minutes for the Councilmeeting held October 27 , 1982. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Ranallo to grant heating licenses to Equipment Supply Inc. and Air Comfort Inc. and a multiple dwelling registration permit to the new owners of the Macalaster Apartments . Motion carried unanimously. Mr. Childs reported only the sodding remains to be done on the St. Anthony Boulevard Bridge project andhe would report back later on his negotiations with the Matheny Corporation related to the delays on the project. However, he told Councilman Marks it had been a staff decision that the bituminous should not be laid over a wet base. Councilman Ranallo questioned whether the sod should be laid this late in the season- The Manager confirmed that there would be approximately $25 , 000 withheld on the project which includes a retainage fee of $9 , 639 . 84 , and the check for $101,957. 17 would not be delivered to the Matheny Corporation until the City had been reimbursed for the expenses incurred by the Burlington Northern which had been billed to the City. Motion by Councilman Marks and seconded by Mayor Sundland to approve payment of $101, 957 . 17 to the Matheny Construction "Co. as partial payment for their services on the St. Anthony Boulevard Bridge project, to be made after receipt of reimbursement for expenses incurred by Burlington Northern Railroad and billed to the City. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to approve payment of $8 , 697 . 20 -to the Burlington Northern provided the City is reimbursed. in that amount by the Matheny company before their check is released .to the construction company. Motion carried unanimously . -2- The consulting engineers " planning services costs related to the • entrance closures at Sunset Memorial Cemetery had also' been billed to the City for reimbursement by the cemetery association. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve Change Order #1 on the- St. Anthony Boulevard Bridge Project in the amount of $482 . 27 to be paid to Short-Elliott-Hendrickson, Inc. Motion carried unanimously. Motion by -Councilman Ranallo and seconded by Councilman Enrooth to . approve payment of all verified claims listed in the November 9 , 1982 Council agenda. Motion carried unanimously . Councilman Ranallo reported receiving several calls from residents who were greatly concerned about the possibility that. a hazardous waste site might be established in Roseville , close to St. Anthony . Councilman Marks reported he had attended a meeting .the previous evening in Roseville which he said was one of a number of informa- tional meetings sponsored by the Metro Waste Commission at which that possibility was discussed. He said the Commission is looking at the industrial area in Roseville where either a transfer or processing plant could be� built and Councilman Marks showed a map which indicated several sites near St. Anthony ,.. including two underutilized buildings , which could -be considered. The Councilman reported the concerns lam voiced by those in attendance included the population densities of potential sites which would make evacuation. in case of an emergency very difficult; the potential for ground water contamination and further pollution of lakes in Roseville into which there has already been oil seepage and dumping. The Mayor urged all the Council members to attend the hearing scheduled to be held in the North East Junior High School, .November 22nd., and suggested a resolution of opposition be passed to reflect these concerns which. could be presented at that hearing and sent to any government body or city representative who might be able to influence the decision. He recalled that at the time St. Anthony had responded to a potential emergency on its border with Roseville this summer , several EPA and Civil Defense officials had indicated that had there been an explosion of the unidentified chemicals found in abasement o'f a home and had there been a wind- from the southeast, at least 20 percent of St. Anthony would have had to be evacuated, which would have been very difficult, if not impossible. He also agreed with Councilman Marks that an accident involving one of the trucks trans- porting the. hazardous. waste on County Road C, Highway 88 , or 35W would no doubt create an emergency for St. Anthony and he indicated he intends to discuss their mutual concerns with Roseville mayor Demos . Judy Makowske,. .a member of the City Planning Commission, was present to ascertain .what the ramifications of siting such a plant in Rose- ville might be for the City and to express her own opposition to such a siting. -3- Motion by Councilman Marks and seconded-.by Councilman Ranallo to adopt Resolution 82-054 which staff would develop to reflect the Council 's opposition to and specific concerns about the possibility of siting: a hazardous waste transfer/processing plant in Roseville . RESOLUTION 82-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. ANTHONY EXPRESSING CONCERN ABOUT THE POSSIBLE LOCATION OF ANY HAZARDOUS WASTE STORAGE OR TRANSFER FACILITY IN OR NEAR THE DENSELY POPULATED AREA OF THE CITY OF ST. ANTHONY Motion carried unanimously-. After the motion had been passed, Councilman Marks commented that there is even some doubt .whether. an environmental impact study would be required for such a plant, which Mayor Sundland .said he finds ironic since the City had to make a very detailed environmental assessment for the Kenzie Terrace Redevelopment Project. Roscella Connelly, who .represents the City on the newly created Eastside Hennepin County Human Services Council and who was selected to chair that commission:, reported on that body ' s activities since .. June. She presented a list of recommendations for social services to be delivered by the Human Services Council as they were developed and given priority ranking during two public -forums and a meeting with County Commissioners Sivanich and Spartz . These included various services .for the elderly, the mentally retarded and mentally ill and called for programs which would address the problems of family violence and chemical dependency and authorized a chemical dependency counselor for. Edison High School. .- Services already available to those in need, including the Meals on Wheels , emergency food and clothing centers as well as emergency fuel aid were discussed and Mrs . Connelly said there is a need for a, contact person in St. Anthony to relay requests and questions related to these services . She also informed the Council that someone would have to be named to replace Iry Peterson on the Human Services Council. Mayor Sundland .told Firs . Connelly he is very impressed with the achievements of . the organization and the number of services they .propose to deliver to St. Anthony residents . Chief Entner. and Mike Ferderer of Northwestern Bell were present to report -the City's civil defense siren is operable after months of difficulty in identifying the. source of the problem as originating in the Bell center downtown and correcting the malfunction in the relay system. Councilman Plarks commented that he could personally vouch for the success of their efforts having been home when* the siren was tested one day.. The Fire Chief thanked the telephone company representative for the hard work he had put into restoring St. Anthony to the emergency warning system. • Mr. Childs ..had distributed copies of his third quarter report for the City 's liquor operation and he indicated that, although sales for the -4- first nine months are down $128 ,000 from last year at this time , tkat. • the net profit has decreased by. only $3 ,100 , partially because non- operating profits are up. . He is afraid the fourth- quarter profits of $157,000 for last year would. prob.ably remain a record for a number of -years. but has also heard that total sales for other municipalities have declined . even further than St. Anthony 's . Councilman Letourneau speculated that the City may retain its first place ranking this year in spite of the slow, pace of . business this year. Council members had been provided copies of Senator Boschwitz ' November 5th letter to which he had attached the HUD reply to his inquiry- as to why the City 's senior housing project had not been funded when it had received such a high rating by -the Metropolitan Council.. The HUD official ' s, comments that HUD's project selections "rarely agree with the Metropolitan Council" was very puzzling to the Council since the Metro Council review is mandated by HUD-. Mr. Childs said he believes the Metro Council 's assessments are only one of the factors in the HUD. selection system. The Mayor commented he had been very sorry to learn Archie Fjeld, who spearheaded the development of the project, had died within the last few weeks . The November .5th. Dorsey firm status .report on the Chick 's litigation was noted by the Manager,. who confirmed that Chick 's is complying with the _City ordinance which requires the establishment to close at 1:00 A.M-. , and there is a slight possibility that Chick's may decide not to pursue their suit against the City. The Manager had included Chief Hickerson ' s report on police-calls- to amusement establishments 18 in the City during October, as requested by the Council. Mayor Sundland congratulated Senator Neil Dieterich, who was present, on his reelection to the Minnesota Senate . ' The Senator agreed to keep his eye out for the hazardous waste facility proposal, but reminded the Council that ,. just because a site is considered, doesn' t mean it would necessarily ever become a reality since the selection process has: already been .reversed at least once to date. He was also puzzled by HUD ' s comments regarding the importance of the Metro Council 's review. The Senator said he would be happy to do anything he can to get future funding for any City project. Motion by Councilman Ranallo and seconded by Councilman P4arks to adopt the resolution which authorizes the cancellation of uncashed checks and the transfer of those monies into the General Fund as directed by the. City auditor. RESOLUTION 82-050 A RESOLUTION MODIFYING THE 1982 BUDGET Motion carried unanimously. Motion by Councilman P4arks and seconded by Councilman Enrooth to adopt the resolution which authorizes the transfer of the costs of special assessment projects to the proper funds and the reimbursement of the Construction Fund in those amounts . -5- RESOLUTION 82-051 A RESOLUTION. MODIFYING THE 1982 BUDGET Motion carried unanimously. Motion. by Councilman Letourneau and seconded by Councilman Marks to adopt the resolution which .authorizes the transfer of $5 ,262 from the Debt Service Fund #506 into the General Reserve Fund, a bookkeep- ing transfer recommended by the auditors . RESOLUTION 82-052 A. RESOLUTION TERMINATING FUND #506 Motion carried unanimously. Mr. Childs indicated he had been able to negotiate a .raise in the City 's reimbursement from Hennepin County for maintaining County .State Aid highways in the City next year. Motion by Councilman Letourneau and seconded by Councilman Marks to adopt Resolution 82-053 . RESOLUTION 82-053 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES Motion carried unanimously. Ordinance 1982-00.7 had been tabled October 12th so the City Attorney could .develop language, for the ordinance .which would enable the City to make a distinction between restaurants in general' and- those eating places which are .located. close to residential areas and to end the impasse on the Council related to whether or not restaurants , cafe- terias and delicatessans should be .changed from permitted to condition- ally permitted uses in the ordinance. - Maps indicating where eating places could .be sited without- conditional- use approval of the City if a 250 foot distance criteria were adopted were included in the agenda packet and the Mayor commented he perceives all such facilities would now. be .restricted to commercially zoned areas and that, if the City had had such an ordinance 25 -.years ago, many of the existing restaurants would have had to be sited in different locations and some of the problems the City is now experiencing would never have evolved.. He also reminded the Council that any of those existing restaurants , etc. which are now located within "250 feet of residential structures or zoning" would be grandfathered in with the new ordinance and any request to establish an eating facility closer to a residential area than permitted,. would not necessarily be denied but, rather, would have"-.to go through the conditional use process . Councilman Ranallo noted that a .conditional use permit application would have to be filed for any restaurant in the area near 33rd and Stinson but most requests for eating establishments in a shopping centerwould probably not require such a permit as . long as they were at least 250 feet away from any residences . -6- The Mayor confirmed .for Mrs . Makowske that the ordinance changes would only pertain to restaurants , cafeterias and delicatessans and not to the other type of recreational establishments named in the original ordinance amendment. The - general consensus was that nofurther language changes were needed to indicate that, if an eating establishment wanted to add a drive in facility, the owners would have .to make an application for a conditional use permit, since all drive through facilities require a conditional use permit, .since it is up to the .City staff to administer that ordinance. Mr. Childs :told Mrs . Makowske that, even if the Zantigo restaurant were to eliminate the .drive through facility, the owners would not have . to apply for a permit for the restaurant alone because a building permit had been issued to Zantigo's prior to the passage of this ordinance. There was general agreement on the Council that an acceptable compro- mise had been reached between .those Council members who felt restaurants , cafeterias and delicatessans should not be included in the ordinance and those who had insisted that all businesses of these types should be required to undergo the conditional use scrutiny. Specific word chages in the ordinance were agreed to before a vote was taken. • Motion by Councilman Marks and seconded by Councilman Enrooth to adopt Ordinance .1982-007 with changes in wording specified by the Council. ORDINANCE 1982-007 • AN ORDINANCE RELATING TO PERMITTED AND CONDITIONAL USES WITH A GENERAL COMMERCIAL DISTRICT "C" ; AMENDING 'SUBDIVISIONS 2 AND 3 OF SECTION 9 OF THE ZONING ORDINANCE ATTACHED AS APPENDIX I TO THE 1973 CODE OF ORDINANCES BY DELETING CERTAIN USES AS PERMITTED USES AND ADDING USES AS CONDITIO14AL USES WITHIN THE "C" GENERAL COMMERCIAL DISTRICT Motion carried unanimously. _ Motion by Councilman Ranallo and seconded by Councilman Letourneau to adjourn the -meeting at 8: 50 P.M. Motion ,carried unanimously. Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST:— Cit-y- TTEST:Ci y Clerk