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HomeMy WebLinkAboutCC MINUTES 04221980 i Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102132 . BOX: TZ Folder: CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 04221980 i CITY OF ST. ANTHONY COUNCIL MINUTES APRIL 22 , 1980 • The meeting was called to order at 7 : 30 P.M. by Robert Sundland, Mayor Pro Tem. . Present for roll call: Letourneau, Ranallo, Sundland and Marks. Absent: Haik. A 6 Also present: Jim Fornell, City Manager; Ron Berg, Adm. Asst. ; ` Wm. Soth, City Attorney and Carol Johnson, Clerk/Treasurer. s Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve as submitted the minutes for the Council meeting held April 8 , 1980. Motion carried unanimously. Ray Sopcinski presented the actions taken and recommendations made by the Planning Commission as reflected in the minutes of their April 15 , 1980 meeting. J. A. Cadwallader was present to discuss the signage requested as identification of the new Realty World franchise for his realty office at 3901 Silver Lake Road. The franchise owners had indicated the sign restrictions specified by the Planning Commission in their April 15th recommendation *of approval will be acceptable to them but he proposed the total surface area for the sign be specifically written into the approval as 30 square feet on each side to avoid future misunderstandings. Motion by Councilman Marks and seconded by Councilman Ranallo to follow the. recommendations of the Planning Commission to approve signage for -the realty building at 3901 Silver Lake Road which will result in -a "monument" type sign not to exceed 6-1/2 feet in height from the top of the existing berm with a maximum sign size of 30 square feet per side, defining "monument" as a sign mounted on a s full scale base with no visibility between the bottom of the sign and the base on which it is anchored, which base can be larger than the sign itself. In granting approval, the Council finds that: (1) The signage as described will not be detrimental to the public welfare or injurious to other property in the neighborhood or the City since its size will not differ substantially from the existing signage it replaces. (2) Not. granting the signage may result in a hardship for the applicant since better visibility for the sign -is needed so traffic proceeding north along Silver Lake Road will be able to recognize the realty office .in time to make the turn on 39th Avenue rather. than having to come back on the resi- dential street, Penrod Lane, having missed the turn the first time. .:� .. -2- (3) 2-(3) The signage will conform to .that for other properties in the surrounding area. • Motion carried unanimously. The Commission hadiven -conce tual g� P approval to the proposal from � Ed Brown whereby the southern 131.2.5 feet of the existing properties at 2702 ,. 2700 .and 2608 33rd Ave. N.E. , may be developed for two buildable single family. dwellings with 75 foot wide front yards on Belden Drive under an owners ' cooperative agreement.. Mr. Sopcinski reported his personal concern regarding the life expectancy of the existing 50 to 60 years old dwellings on .-these newly created lots which will be substandard to -the City Zoning ordinance requirements for lot size and depth of front yard, the-'latter -which -had beengrand- fathered in with the new ordinance. Mr. Soth then advised that the legal description for the -existing lots, especially for the corner lot owned by Mr. Brown, are quite. complex making subdivision by metes and bounds under the City ordinance almost impossible and platting of the propeties imperative. In response to Councilman .Ranallo's concern-regarding -settinga _ _ precedent for substandard lots, .Mr. Soth cautioned that if the City is to grant the necessary variances for the proposal, both the Plan- ning Commission and Council will have to make conditions under which they are granted very specific, especially addressing the unique shape of the lots as distinguishing them from the usual lot sizes in the City. • The Planning Commission representative-'told the Council, that when no one appeared for the continuation of the hearing on the Compre- hensive Plan, a -majority of the Commission members .had voted to close the hearing. At the conclusion of this presentation, Mr. Sopcinski related the Commission' s discussion of what the City's role may be in developing the various alternatives proposed in the plan. 7, He then gave the anticipated timetable .for Commission approval of the Plan and its presentation to the Council- and the- Metropolitan Council. The recommendations of the Commission were followed- regarding the change in .image for the .signage at the Fas Gas :-:station. Motion by Councilman Sundland and seconded by Councilman-.Marks .-to grant the owners of the Fas :Gas station .-at -3001 37th 'Ave.. N..-E. , permission to use their existing 6 .X 6 foot freestanding sign for the proposed price cost identification with the understanding the total area square footage will remain '36 -square feet as has existed _since 1973 but will now allow the -station to. advertise the current four figure gasoline price. In granting the necessary variance the Council agrees with the Commissionfinding that this action is in conformance with recent Council- and .Planning .Commission actions regarding the Mico price .:identification sign and 'that denying the variance may create a hardship for -the station owners who cannot now use the standard additional price numbers in their existing signage. Motion carried unanimously. 3- Mr. Sopcinski reported the Commission concurred with the City Manager ' s recommendation that consideration for-., having -Hennepin `. County take over St. Anthony Boulevard south of State Highway 88 should be included in the final draft of the Comprehensive Plan. Councilman .Sundland announced the New Brighton Council will probably act -that evening (April 22) on the- St. Jude .Medical .building proposal for the property just north of the City .boundaries and .-the Council agreed with the Commission assumption that such .a development could be expected to have a- positive effect on the City's economic growth as well as the public transportation .service.. Accepted as agenda addendum were the presentation .of the honorary citizenship award to the AFS student attending St. Anthony High School; discussion of the latest court ruling on -the Johnson Florist litigation; .and the Ames proposal for townhouse development of the Hedlund PUD. The citizenship award from the City of St_ Anthony to Kulruedee Otagononta, an AFS student from Bangkok, Thailand, was made by the Mayor Pro Tem. The recipient, who has .been staying with _ the Mr. and Mrs. Lorenz P. -Schrenk family, 3420 -Downers Drive, while going to school, thanked the Council for the honor and told them of her life in Thailand and future plans when she returns to her homeland. Commendation on the efforts of .Larry. Hamer. to develop the Compre- hensive Sanitary Sewer Plan at a great saving to the City are in order, Councilman Ranallo suggested. _Mr. Fornell: said the Plan has .been reviewed and modified by the Planning Commission. -for .submittal • to the Metro Waste Commission. as required. Motion. by Councilman `Ranallo and seconded. by Councilman Marks to adopt Resolution 80-032 accepting the Comprehensive Sewer Plan as presented. RESOLUTION 80-032 A RESOLUTION ACCEPTING THE COMPREHENSIVE SANITARY SEWER PLAN Motion carried unanimously. It was the .recommendation of the City. Attorney that the Retroactivity clause pertaining to the senior discount proposed-An. the_ new City sewer ordinance, be handled .-administratively _;rather than .specifically .addressed- in •the ordinance.. He also_advised, that. the,:age,;:limitation .� for qualifying for the discount is within -the :discretion of .the ' :f Council. . Motion by Councilman Sundland and seconded by -Councilman Ranallo to approve the .first. reading of Ordinance _1980-003.. ORDINANCE NO. 1980-003 AN ORDINANCE RELATING .TO SEWER -RATES AND CHARGES AMENDING SECTION 540:00 OF THE 1973. CODE OF ORDINANCES -4- Before voting on the motion, Councilman Ranallo moved that Sub- division 3 of Section 540. 00 of the ordinance should be amended to • set 65 rather than 62 as the age which will -qualify a person for one-half base rate charge. Councilman Marks said he concurred with the motion since he perceives the trend now is- towards later re- tirement. The amendment .carried unanimously. The amended motion also. carried unanimously. The question of whether the City should retain a community development consultant was reopened. Proposals , had.,been submitted from three consulting firms; TARS, BRW, Inc. and Westwood. Councilman Marks suggested it might prove helpful -to have such a consultant available for ready consultation. .if.- a .proposal should come in which warrants immediate consideration. Councilman Sundland wanted, instead, a determination made that, "never again will we be put in such a position that -we will be forced to react to any proposal which we have not studied carefully beforehand" . He_ wanted it clearly understood "the Council can be expected to react negatively to any proposal for which adequate time had .not• been provided for consideration" . . Councilmen Ranallo and Letourneau. indicated their agreement with this statement but -felt it .might be good to. get" some sort of con- sensus of the Council as to which consultant -might be called upon for their expertise when necessary. Councilman Ranallo- also saw the -interviews as. possibly providing .ano.ther source of :information • regarding community development alternatives. All necessary legal opinions should. .be .sought from the City Attorney whenever -possible �- since the City had just experienced _some "bad legal. advice" from another firm they had :retained in the Johnson Florist -litigation Since— the City' s Attorney could -not be utilized. because. of a conflict of interest. Motion by Councilman Ranallo. and seconded .by Councilman Sundland to direct the City Manager to set up one .interview of 30 to 45 minutes duration for three future. Council meetings where time will permit one consultant proposal presentation. 'Motion carried unanimously. ' r The .'latest courtruling in the ;Johnson';_Florist _litigation., , which.-would . ;! seem. to. demand -immediate :-issuance' of a _building :permit' to the :Johnson firm., prompted Councilman ..Ranallo� to .-conclude- ".The Court _has . taken- power away from the Planning. Commission--and .Council.. " ..However, -.he urged further negotiation. on -the .lighting ..for the new greenhouses and .notification of the neighbors of the .reasons-why.-the building permit had to be issued with no further -consideration of :the vari- ances for lighting and property- setbacks . .Although he .'had .not served as the City's. counsel .in this case, Mr. Soth advised the. Council they. ; . could have a ".closed meeting" with their special .counsel .since -such a meeting. seems to meet the ."client-counsel relationship regarding action in a litigation case" . He also -saw -issuance of the building • permit could .be delayed if the City can get the Johnson's attorney to stipulate that the order can be delayed the 30- days cited to file an appeal with the ' Supreme Court. The Council viewed such action as almost futile since: one of the justices had already indicated he .. sees the City as- having very little chance of overturning the original order. Final action on the matter will be placed on the agenda for the special Council meeting previously scheduled for -8 :00 A.M. , May 3rd, and the staff will notify all property owners within 200 feet of the Johnson property that the disposition- of the Johnson .building permit will -be decided at the meeting and a "closed meeting" with the City's counsel will beheld.-at 10:00 A.M. that morning. ADDENDUM David- Ames had requested Council consideration of his proposal for developing the .western portion of the Hedlund .PUD_ .for_a townhouse complex which will be developed with owner assisted financing. The request had been previously tabled .by the Planning Commission when this type of financing had appeared doubtful. Mr.. Soth cautioned that, though -Mr. Ames must be granted due process- of his request,- the Council should be very careful not to preempt the Planning Commission process. The Ames proposal will be placed on .the Com- mission' s May 20th agenda. The Annual and the March report from the Fire Department were accepted as informational. • Motion. by Councilman Ranallo and seconded by Councilman Letourneau to approve all licenses listed in the April 22 , 1980 agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Marks to approve payment of -all verified Claims listed in the April 22 , 1980 agenda. Motion carried unanimously. Motion :by Councilman Letourneau .and seconded by Councilman 'Ranallo = toapprove payment of $9,850 to Short-Elliott-Hendrickson for the overlay. study .from the General Fund 10A. Mction:.carried unanimously. Motion-.by Councilman Marks and seconded by Councilman Ranallo to unprove ,payment of $100; which represents the initial fee chargel . for me«,bership in the Suburban Recruitment System. Motion carried unanimously. Motion. by Councilman .Letourneau and seconded by Councilman Marks to approve payment .of $1,769. 86 to the Dorsey firm for legal services • during January, 1980: Motion carried unanimously. -6- REPORTS Councilman .Marks said he would. like to address the newly organized Advisory Committee of the City Health Board regarding the unsatis- factory conditions at the Equinox apartments. Mr. Fornell told Councilman Letourneau, who had received a brochure from a seal coating firm, all new methods of overlay are being investigated by the Public Works Director. Motion by Councilman Letourneau -and seconded by Councilman Marks to adjourn the meeting at 9:10 P.M. .Motion carried unanimously. Mayor ATTEST City Clerk '=3 LICENSE LIST FOR COUNCIL APPROVAL APRIL 22 , 1980 AMUSEMENT Advance Carter-Apache Liquor, Fifth Wheel Restaurant s JUKE BOX Advance Carter-Anthony ' s , Pizza .Hut CIGARETTE Advance Carter-Anthony' s RESTAURANT MET WAH Restaurant HEATING Blaine Heating & Air Conditioning . I l All businesses that were licensed last year have taken out their 1980 licenses.. . .with the exception of one service station. .They have been contacted and will be in this week. . 'kt `3