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HomeMy WebLinkAboutCC MINUTES 01221980 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII i ionas Box: 21 Folder: CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 01221980 i CITY OF ST. ANTHONY COUNCIL MINUTES • January 22 , 1980 The Council' s regular meeting, which followed a work session on levy limitations , was opened at 7 :30 p.m. by Mayor Haik. Present for roll call: Letourneau, Ranallo, Haik, Sundland and _Marks. Also present: Jim Fornell, City. Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; and. Carol Johnson, Clerk- Treasurer. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve 'as submitted the minutes for the Council meeting held on - January 8 , 1980 . Motion carried .unanimously. Doug Jones presented the actions taken and recommendations made,;by the Planning --Commission as reflected in their minutes of January 15, 1980 . He reported that after a lengthy hearing, the Planning Commission had given unanimous recommendations of approval for both rezoning and the variances necessary for the senior housing proposed to be constructed on Kenzie Terrace between the Legion Club building and the Lowry Grove Manor by the Northeast Minneapolis/St. Anthony Senior Housing Corporation. The recommendation had been based on the Commission' s opinion that the project fulfilled the mid density residential dwelling development suggested in the Comprehensive Plan and would provide a good buffer between the commercial deve,:Pbp- ment east of Kenzie Terrace and the single family development to the west. j Opposition to the proposal, as at the Public Hearing, was presented by Joe and James Schluender and George and- Virginia Kieffer, who live just west ,of the alley which separates the site in question from the residential on 27th Avenue N..E. They saw the .four-sfory height of the proposed- structure as "intensifying the density of the area",-and �James -Schluender likened the development to "an ele- phant in a colony of ants" . George Kieffer saw the 'building "which will be twice as high as St. Charles School" as "disrupting the skyline" and expressed the concern that providing only 45 parking spaces for a 134-unit building will result in on-street parking on both 27th Avenue N.E. and Wilson Street N.E. Mrs. Kieffer indicated she was in agreement with all points of opposition. Their concern whether a fire in a building of that `size could be handled by the City ' s firefighting apparatus was answered by Mr. Fornell who -told them he is quite certain, especially considering the inherent controls required for a structure of this size, that -the City Fire Department is fully capable of serving the proposed building. -2- Proponents of the project were officers and board members of the • non-profit consortium. of churches making up the corporation in- cluding Don Risk, 3628 Johnson Street N.E. ; former Mayor of Minneapolis, Al Hofstede, 2220 St. Anthony Parkway; Carol T. Peterson, 3123 Hayes Street N.E. ; Paul Kerberger; Archie Fjeld, its president; and. Jack Boarman,, Boarman Architects, Inc. Mr. Risk assured the concerned .residents that great care- had been . taken in the development of the desiqn of -the building so it would have no adverse visual impact on the adjoining neighborhood, but would rather provide a buffer and .be a complement rather than a detriment to the.-area. Mr. .Peterson cited statistics to allay their fears that the building would shade their homes. Mr. Fjeld told them the development corporation is a perpetual organization bonded for forty years and this fact along with the number of seniors who had indicated an interest in living there (570, or over four times the number who can be accommodated) would seem to assure its successful continuance for that use for a long time. He added -any -other type of assisted housing for that site would have to meet the stringent criteria set by HUD. Mr. Boarman presented the site plans for -the project and answered questions regarding parking, screening, sidewalks and access to the shopping center across Kenzie Terrace. He saw the proposed congregate dining hall, .as sited, better because of its proximity to the center than the existing facility in the Parkview building. Mr. Jones identified himself .as a member of the St. Anthony Legion . Post and said he saw little possibility the club will expand much beyond its present membership and require more land nor parking space. Mr. Hofstede offered the Council some insights regarding increment tax financing he-had developed while he was mayor of Minneapolis and suggested to the Council that "the timing is unique and you O4-ave a unique opportunity which may never be repeated to provide the nec- essary housing balance for your community. " He suggested that . de- blaring the site a tax increment .district at the same time it is rezoned would foreclose any possibility of its being used for another purpose once_ it- is rezoned. Mr. Soth had advised. conditional zoning might be viewed later as legally untenable and suggested it might be preferable as a control of future uses for the property that• conditions for approval be placed on the variances instead. , These assurances that the City could. retain control of future develop- ment of the site in the event the senior housing did not materialize led Councilmen Letourneau and Ranallo to join in the following: Motion by Councilman Marks and seconded by Mayor Haik to adopt ordinance' 1980-002 by which Parcels 07-029-23-24-003 and 07-029-23-24-004 are rezoned from R-1, Single Family Residence, and C, Commercial, to R-4, Multiple Family Residence, subject to the necessary variances, finding that 1) thedevelopment will result in a 'great improvement in the use of this site; -3- 2): it may be the impetus for a major improvement of • that underdeveloped area in St. Anthony in confor- mance with the proposed Comprehensive Plan; 3) neighbor input indicates the project will not have a detrimental effect for. -adjacent property owners; and 4) the density of the zoning for the project would seem to create no. hardship for that neighborhood. Motion carried unanimously. The wording of the Planning Commission' s motion recommending Council approval of the variances necessary for the proposal was modified, at the City- Attorney's suggestion, to reflect their conformance to the conditions set by City Ordinance for such variance approval and to stipulate specifically their approval for that particular pro- posal. Other suggested changes- by staff and the Council were ac- cepted in the final motion, including the addition .of one and a half feet to the height variance as requested by the architect. Motion by Councilman Sundland and seconded by Councilman Ranallo to grant the following variances exclusively. to the Northeast Minneapolis/St. Anthony Senior. Housing Corporation to permit the construction of the 134-unit elderly apartment structure as proposed • on Parcels 07-029-23-24-003 and ' 07-029-23-24-j04 a) building height .variance of two and one half feet (35 to 37. 8 feet) as well as the variance necessary to permit construction of four full floors .without building the structure into the ground which would seem to be detri- mental to the psychological well being and security of the elderly occupants, finding that the site necessitate such a four-story configuration; 4. b) an increase in the permitted floor area ratio from 1. 0 to 1.18 because the existing R-4 zoning does not address elderly housing which requires less square footage than family-oriented housing and because there is. a large e portion of floor space to be dedicated for community usage proposed for the building; c) a density increase from -54 to 134 .units because the ex- pected. occupancy rate of 1.3 per unit for the- eldetly would almost match that of a family-oriented 54-unit building and it would. not be economically feasible but would create a hardship for the developers to restrict the building to the permitted 54 units; and d). reduction of• parking. stall size to 9 x 19 feet to con- form to the new City Ordinance requirements. L ,r -4- The Council concurs with the Planning Commission that the project is in conformance with the proposed Comprehensive Plan; that it appears to provide an enhancement for the community; and the granting of the variances meets the conditions set forth in the City Ordinance for granting such variances as follows: 1. Because of the unique physical characteristics of the property, the variances will relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purposes of the variances are not based exclu- sively upon a desire to. increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property, but not applicable to other property in the vicinity or zoning district because of the aforementioned reasons and due to the fact that the applicants for the variances and the project represent a non-profit organization. , 3. The alleged difficulty or hardship is caused by City Ordinance and has not- .been created by any persons pre- sently having an interest in the parcel of land, noting that City Ordinance addresses a R-4 district as multi- family, which section does not consider the innate char- acteristics of an elderly housing project in matters • such as reduced unit square footage and reduced average per unit occupancy. Motion carried unanimously. The Planning Commission representative next addressed the controversial expansion plans for the Johnson Wholesale Florists, Inc. property at 3333 Edwards Street N.E. which has involved the City and the Johnsons in a litigation which has lasted for over a year and a half. Mr. Jones said the Planning Commission was in agreement with the City's position that..althouth the expansion Plans: had been approved by the -court, . the ruling in Johnson's favor---did not address. the- -speeific variances to the City Ordinance which'---would. for- the expansion plans, as suLmitted for that.-property, for- whibh- a non-conforming usage in a R-1 zoning district has already been grandfathered in. The Commis- sion was especially concerned that variances had failed to meet the conditions set by City Ordinance for granting such variances and fol- lowing a lengthy hearing on the matter and agreeing with the points of opposition expressed by the neighbors, recommended Council denial of those variances. Mr. Fornell said the Johnsons had indicated only that afternoon their inability to attend the meeting and had requested the question be deferred until the next Councilomeeting. The special counsel repre- senting the City in the litigation had also informed him he would be • able to attend, but with some difficulty. Noting the three residents who were present for the consideration of the Johnson expansion and reminding the Council members the same persons had remained late in the evening to discuss the question with the Planning Commission the night of the public hearing, Councilman Ranallo said he would object to .any deferment since -there had been -insufficient time to notify the --residents of such a.deferment.. It,-was .his opinion the • matter had been given- a Iull_..hearing on. Januaryr:.11=,and --the Council should _proceed to- consider the Commi:ssion's recommendations. Brad Bjorklund., Chairman- of -the .Planning. Commission, pointed out that the.-Johnson'.s: attorney_,had responded -to- the opposition to the vari- ances during :the hearing -as was " recorded .in the :minutes of the .hearing. There being no -motion_,to -table, -the -,matter was, pursued with the Manager telling _the..Council_that .the .C ty':s :special- counsel had opined -that .the .City could possibly-have .a- problem-denying the frontyard setback .variances for- the expansion ..in .light of the pre- cedents. set forgranting such variances, and that ,he "was more com- fortable with -.not allowing the �rearyard setbacks. Mr. Jones agreed there are homes in the City which are built closer to the street than permitted .in the City Ordinance -and pointed out the allowance of thirty-foot .frontyard setbacks in the 1961 City Ordinance,.when-the -.gr-anting. of -the non-conforming- use was -issued - to the Johnsons. Councilman Ranallo'- said that -.that permission was for a ,greenhouse which was a non-conforming usage, but- he did not believe .the permit .should .be valid any- longer since the usage 'Rias changed to that. of :a. wholesale rose growing .and sales business. The Councilman could. .not .understand the court'-s ruling which he perceived as- "taking away the- City's right to consider variances to :its ordinances.. "- • Although hesaw the steel- -building on the Johnson ;site, rwhich is built- close _to Edwards_, ..as .possihl-y _setting the .building line for .the frontyard,: Mr_. Jones: did not .believes the other, variances had been grandfath:er.ed _in -for.-.this .,expansion... The .Manager'.said the existing .and -proposed, lighting -is not_•consistent with the lighting requirements-.of. 1961. He also .told the Council .the Johnsons werze reluctant to address the matter of the variances,.for fear they might compromise' their legal -position., _but had also _indicated Cto him they did .not_want to: return to the judge for a further judgment on the matter. The -three -residents who'-were present-Indicated they had no further _input than they 'had offered at .the ,Public Hearing: ti Motion by Councilman :Ranallo. And seconded. by :Councilman .Sundland to follow-.the -recommendations--of -the Planning `Commission ,that a building permit -be-dasued:-for. the .proposed, expansion, of - the Johnson Wholesale Florists; Inc.. greenhouse -facil-ity-_at :3.33.3 .Edwalas Street N.E_ on. a R-1,, -Sing:le::.Family. .Residence, .zoned .site with nonconfor- ming .usage_ allowed, ._but_that--the .following._variances'.proposed" In the :site plan. dated January .3, 1-978,, be denied:, :l) an .eleven-foot variance -to the :frontyard _setback -'requi:r.emerits...of :the City ordinance.; • 2) ' a _four-foot.variance 'to .the rearyard/.residential area setback ordinance requirements; 1 -6- 3) a four-foot variance to the parking requirements • for front yards finding that there will be no undue hardship for denial due to the condition of the parcel involved, but rather that granting these variances would aggravate the existing visual and traffic problems in that neighborhood. and adjacent properties would be adversely affected if the variances should be granted. Motion carried unanimously. In commenting on the Public Hearing to be conducted February 19, by the Planning Commission on the HUD assisted townhouse development proposed for the Hedlund property, Mr. Jones suggested the Council might be interested in a similar development in New Brighton along County Road E near the Country Club Market. Mr. Jones then reported the unanimous recommendations of approval from the Planning Commission for the signage request from Mico Oil Company. Motion by Councilman Sundland and seconded by Councilman Letourneau to grant permission to the Mico Oil Company to erect, at their gas station at 2400 37th Avenue N.E. , a sign of sixty square feet for the purpose of price identification only, taking into consideration the fact that the requested sign area is less than the allowable • total of square footage permitted under the City Sign Ordinance and the fact that the Mico Company policy is not to use company identification. However, it is. understood that granting' this vari- ance precludes an additional sign for company identification in ex- cess of six square feet. The Council finds further that denying the variance might create a hardship for Mico who cannot use the additional standard price numbers in their existing signage. Motion carried unanimously. Noting the Public Hearing on the Comprehensive Plan will be held before the Planning Commission during their February 19 meeting, Council members were agreed an in-house education session on the Plan, before that hearing, might be helpful. Motion by Councilman Marks and seconded by Councilman Letourneau to schedule a work session on the Comprehensive Plan at 6 :30 p.m. , prior to the regular Council meeting on February 12. Motion carried unanimously. Resolution 80-012 was accepted as an agenda addendum under VC. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve the third reading and adopt Ordinance 1979-008. • ORDINANCE 1979-008 AN ORDINANCE ESTABLISHING A BOARD OF HEALTH, AN ADVISORY COMMITTEE TO THE BOARD OF HEALTH, AND PROVIDING FOR THE ENFORCEMENT OF HEALTH LAWS, ORDINANCES AND ORDERS; AMENDING CHAPTER II OF THE 1973 CODE OF ORDINANCES BY ADDING SECTION 255 THERETO Motion 'carr.ied _unanimously. • Motion. by Councilman .Ranallo and -seconded by Councilman Marks to approve the third .read-ing and adopt Ordinance 1979-009. ORDINANCE 1.979-009 AN ORDINANCE RELATING -.TO COMMERCIAL PARKING LOTS _AND .SI.T-DOWN RESTAURANTS,. _AMENDING SEC ' TION -2, SUBDIVISION. 2,. .AND SECTION 12, SUB- DIVISION 9, OF- THE ST—ANTHONY ZONING ORDI- .NANCE. Motion carried unanimously. ,.Mo.tion _by Councilman---Marks and seconded "by Councilman Ranallo to approve the resolution which authorizes the lease for office space in the old city hall. RESOLUTION 80-.011 _ A .RESOLU.TION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE- WITH PHIL LaMERE.'FOR OFFICE SPACE.. Motion carried unanimously. Mr.. Fornell recommended _the :club. -liquor. ..license fee should be raised to $30.0., which is. also the. amount- _charged :for- -.liquor .set up licenses, because the ..investigative and administrative costs`-are comparable. Motion by Councilman Ranallo and seconded -by Councilman _Letourneau to adopt Resolution 80-012. ' RESOLUTION 80-012 A 'RESOLUTION :INCREASING THE CITY ;. LICENSE .FEE 'FOR CLUB LICENSES UN- :.DER M.S. 340.11, SUBDIVISION 11. e Motion carried unanimously. Bernard Pruessner., .3.209 Skycroft .Drive, waspresent to suggest .a clean-up campaign. be- .conducted- city-wide to eliminate unsightly' litter._ and `make ,.the City the -attractive community It could be. " A sample of the litter bag he urged be distributed..to -the residents was presented :to:.-the Council,-.who-considered the January 4 .,recommen- dations ;from .the Public Works :Director .Larry :Hamer., �sugge$,,ions from -the Manag.er .r.egarding the costs of such a .campaign, -and problemsC." encountered in--,- previous clean-up projects over .-the years. -A tight budget would -not- seem. to allow an expenditure of- $2,000, the amount paid the St. Anthony High School Band for the clean-up last year. The Council agreed keeping the City clean should .be an on-going pro- gram -of raising the public consciousness of the problem, perhaps with the aid of the community' s service organizations. • Motion by Councilman- Marks and seconded by Mayor Haik to request the staff to solicit the input of the City's service organizations towards a clean-up campaign. -8- motion carried unanimously. • Mr. Prues8her-.repeated his offer to contribute monetarily to the effort and then inquired- about-the City' s- restrictions against snowmobiling within the city limits. The pertinent ordinances will be prodided him by the staff. William Craig, President of the Minnesota Automobile Association, presented to the .Mayor a safety award plaque honoring the City for .its "outstanding -pedestrian_ safety record" . Motion .by Councilman. Marks- and -seconded by Councilman Letourneau to schedule-. the City' s Board of .Review for- 7 :30 p.m. , -May 21. Motion carried unanimously. The number of Council members and staff who may attend the LMC legislative action conference on February 20 was indicated and _Councilman Ranallo- reported he had .made- a reservation in the name of the City for the National Conference of Cities to-be held in Washington, D.C. The Short-Elliott-Hendrickson, Inc. lift station report and the Manager' s recommendation for_. implementing .some of the ideas were accepted as informational, as was -Ron--Berg's January 8 Section 8 housing update. • The street improvement report from- -Short-Elliott-Hendrickson, Inc. , with the Manager' s comments, had been distributed to the("-'Council members for their .perusal prior to . the February 12 meeting on the matter. The report covers only bituminous -road improvements and Councilman Ranallo suggested .a report on -any concrete streets with problems might also be helpful. Although there were no problems with .the American Legion Club' s on-sale- liquor facility last. year, Mr.. Fornell said the approved r -increase .in the club liquor license fee will justify a check by a private detective at. least once a' year-. He .--saw the facility 'as posing no real threat to the economic well-being of the City liquor operation. I Motion by Councilman Sundland and seconded by Mayor Haik to grant ' the club on-sale liquor license for the American Legion Post #513. Motion carried unanimously. fir` .Motion by Councilman Sundland -and seconded by Councilman Marks to . grant. .a- heating license to Home Trane Comfort Center. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Marks • to grant a. -starting and towing license to Blue Tow Service. Motion carried unanimously. -9- A discussion of the uniform allowance for office staff and the Fire • and Police Departments preceded the following: Motion by Councilman Marks and- seconded -by Councilman Sundland to approve payment of all Verified Claims listed in the January 22, 1980 Agenda. Motion carried unanimously. Y Motion. by Councilman. Sundland and seconded .by Councilman Letourneau to approve the change order payment of $1,122 to Short-Elliott- Hendrickson,. Inc. for engineering services on Highcrest Road. Motion carried unanimously. Words of commendation from James Zellmer, 3414 Downers Drive, re- garding the emergency medical assistance recently provided by the City' s Fire and Police Departments on his street were relayed by - Councilman Ranallo. Mr. Fornell responded to Councilman Marks ' inquiries as to what the City is doing about the icy sidewalks by telling him this year' s weather has ..presented. an almost impossible task in that regard for the Public Works Department. He also reminded.,him that the main- tenance of- Stinson. Boulevard _is the county's responsibility and it has been the school' s responsibility to keep their walks in front • cleared. Motion .by Councilman Letourneau and seconded by Councilman Marks to adjourn -the meeting at 10:15 p.m. Motion. carried unanimously. f Mayor ATTEST: City Clerk C Reviewed for Administration: City Manager