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HomeMy WebLinkAboutCC MINUTES 05271980 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII (III 102126 BOX: TZ Folder: CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 05271980 dW CITY OF ST. ANTHONY COUNCIL MINUTES May 27 , 1980 The meeting was called to order by Mayor Haik at 7 :30 P.M. Present for roll call: Marks, Sundland, Haik and Letourneau Absent: Ranallo Also present: Jim Fornell, City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney and Carol Johnson, Clerk/TreasurLr Motion by Councilman Sundland and seconded by Councilman Marks to approve as submitted the minutes for the May 13, 1980 Council meeting. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to approvs as submitted the minutes for the Board of Review held May 21, 1980. Motion carried unanimously. Paul Paulos, 3417 Roosevelt Street N.E. , was present to answer questions regarding a request for a temporary beer permit for June lst which the Manager had recommended be granted. Motion by Councilman Sundland and seconded by Mayor Haik to grant a temporary beer license to Marianne Debelak for a softball game to be held as part of her wedding festivities in Silver Point Park, Sunday, June 1, 1980. Motion carried unanimously. The minutes for the meeting of the Cable T.V. Advisory Committee held May 5th and 19th were accepted as informational. Mr. Berg informed the Council Mike Ondrey had resigned from the Committee and Gary Medin, 3200 Edwards Street N.E. , had submitted a letter of intent to fill the vacancy. The question of whether Mr. Medin' s employ- ment by N. � . T—aleproduction constituted a conflict of interest had been cleared by the Minnesota Cable Board who agreed with Councilman Mark' s assessment that since Mr. Medin's firms only make commercials for T.V. , his employment should be no problem. The Council there- fore agreed to accept Mr. Medin's application for membership on the Advisory Committee. Mr. Berg then announced the meeting with the Roseville Cable Communications Committee, May 28th. d -2- Before ordering the minutes for the May 12th meeting of the Advisory Committee to the City' s Health Board to be filed, the Mayor commented she was delighted the Committee had seen fit to address so many of the pressing issues in public health before the community. Brad Bjorklund was present to review actions taken as well as recommendations made to the Council by the Planning Commission during their long meeting held May 20th. He pointed out several minor changes to the minutes of that meeting and a major additional report of the conversation with Eliot Saliterman, which amendment will be made to the minutes at the next Commission meeting. Present to address' the Commission recommendation of approval for the rezoning of Lot 12 of the undeveloped western portion of the Hedlund PUD' site at approximately 3925 Silver Lake Road, were David Ames , the developer for the proposed townhouse project, and half a dozen interested property. owners of the area. Mr. Ames said he appreciated the Commission' s recognizing, in their recommendation- of approval, the justifications for permitting twenty-two townhouses to be built where duplexes are now permitted. He especially noted the advantages of having only one driveway off Silver Lake Road where nine might have been required for duplexes. The townhouses will be built with a "presale requirement" , he told Councilman Sundland, and con- struction will proceed in an orderly fashion from one side of the • site to the other as he indicated on the site plans which had been accepted by the Commission as Exhibit A. E. Lloyd Hedman, 3924 Penrod Lane, identified himself as "an abutting property owner who is in favor of the proposal" . Although he has only been a resident of that location for a year and a half, Mr. Hedman .has concluded from what he has heard about the various proposals made for that parcel, "this is the best" and "the hope that the site will be developed for single family dwellings is just not realistic. " Ruth Thompson, 3015 39th Avenue N.E. , who had not been able to attend the Planning Commission hearing on the 20th, said she had not seen what she now understands is a proposal with $60,000 units rather than the "low cost housing of about $45 ,000 for a two bedroom unit" which Mr. Ames had proposed at first. Mr. Ames stated that because the financing market had opened up he no longer saw the need for increment tax financing from the City and no longer intends to include assisted owner financing for any of the units. He is, therefore, not "ask- ing for any pay down money from the City" but rather will seek FHA financing for the entire project. Ruth Nelson, 3916 Macalaster Drive, said she "is not in favor of subsidized housing nor for spending any City money on the project" . She then told of her -concern with the exterior finish for the pro- posed buildings, hoping the units "will not be unpainted as are those 1� �t -3- • in the new development down near .26th Avenue" . Mayor Haik did not believe it was the prerogative' of the Council to comment on the exterior or architectural styling of the buildings. Councilman Sundland indicated his willingness to approve the rezoning for the townhouses concluding that "after twelve or so years it will be nice to have this land developed" . Mr. Fornell reiterated his recommendation that the City should reserve at least 6 feet of sidewalk easement along Silver Lake Road. Mr. Soth advised it would probably not be proper to include in the motion of approval, stipulations for either tot lots or sidewalks since both could more properly be dealt with by the Council at the time the property is replatted. Motion by Councilman Sundland and seconded by Mayor Haik to adopt the ordinance, with wording modifications suggested by Mr. Fornell, whereby Lot 12 , Block 1, Penrod Addition, is rezoned from R-2 , two family residence district, to R-3, townhouse residence district. With the agreement of the maker and second, the motion was amended to waive the second reading. of the ordinance. ORDINANCE 1980-004 AN ORDINANCE RELATING TO LAND USE: AMENDING THE CITY ZONING MAP AS ADOPTED BY SECTION 300 OF THE 1973 CODE OR ORDINANCES OF THE CITY OF ST. ANTHONY The amended motion was then passed unanimously. In adopting the ordinance the Council indicated their agreement with the findings of the Planning Commission that the land usage result- ing from this rezoning will prove beneficial both as a buffer and an attractive land density between the family homes on Penrod and the commercial area across Silver Lake Road; allow owner-occupied hous- ing; provide lower cost housing, and; improve the ratio ,of townhouses, apartments and single family residences,.- in the City. In addition, finding that having only one curb cut off Silver Lake Road appears to provide a much safer and more effective traffic pattern than would be feasible under R-2 zoning; the proposal conforms to the proposed City Comprehensive Plan; the zoning change will result in better maintenance control of the units under a homeowners associa- tion, and; better landscaping planning as required by ordinance for R-3 zoning will be developed than might have been provided for duplexes. The Council also followed the recommendations .of the Commission regarding the variance for a frontyard setback necessary for the development of the .site as proposed. • -4- Motion by Councilman Sundland and seconded by Councilman Letourneau to grant a frontyard setback variance to the City ordinance of 8 .5 feet (21. 5 proposed vs. 30 feet required) which will permit the construction of twenty-two townhouses, as proposed per Exhibit A, dated May 2, 1980, subject to the provision of landscaping as required by ordinance for R-3 zoning, finding, as did the Planning Commission: (1) The proposal, as presented, affords a harmonious blending of commercial with residential via townhouses. . (2) Because of the particular shape. of- this parcel and the extent of the - right of way required for Silver Lake Road, granting the 8 .5 foot variance will permit a more attractive configuration of groupings for the twenty-two units . (3) The purpose of the variance is not to increase the value of the property to the owner since he proposes to construct only twenty-two units where twenty-five could be built on that site under City ordinance. (4) The granting of the variance is intended to alleviate the. hardship czeated by the large roadway easement along • Silver Lake Road and the general recessionary conditions of the economy. Motion carried unanimously. The Council next considered the Planning Commission' s recommendation of approval fora conditional use permit and the necessary variance for the construction of seven townhouses sited on the northwestern corner of 37th Avenue N.E.'- and Chandler: Drive as proposed by Sid Johnson of Nu Way Builders, 1866 Tioga Boulevard, New Brighton— Mr. righton.-Mr. Soth answered questions regarding the procedure to be followed where property is subdivided for townhouses . He said because of the zero- lot lines involved in townhouse construction, it is often difficult to ascertain the exact boundary lines before the founda- tions are dug and the general practice has bE:en to go all the way with the subdivision process right up to the final platting and then allow the foundation permits to be issued and final platting approved after boundaries have been deter,-fined by digging the foundations. He assured Mayor Haik "there is no problem with using the zero lot line concept for townhouses", Mayor Haik wanted to make sure there would beano repeat of opposition to building on 37th Avenue from the residents of these townhouses as there had been from Fosston residents because the. walls of their A 7 -5- townhouses were not adequately insulated from the roadway noises. Mr. Johnson was then informed the legal description of these small lots will probably be very complicated which rules out subdivision by metes and bounds under the City ordinance. Before a motion was made, questions raised by the Clerk/Treasurer regarding the lot numbers were answered by reference to the City plat map. • It was noted that the numbers shown. on the map are probably parcel numbers and a better description would be to identify it as a proper portion of Lot 6, Block 9. Mr. Soth opinioned that the description used in the notice of hearing document would not invalidate the hearing as the property was still adequa-tely identified .in the notice. Motion by Councilman Marks and seconded by Councilman Sundland to grant a conditional use permit which will allow the construction of seven unit townhouses as proposed by Nu Way Builders on. the. south 189.2 feet of Lot 6, Block 9, Moundsview Acres Second Addition, subject to the following conditions : . (.1) A determination by the City Building Inspector (with consul= tation with an acoustical engineer if necessary) prior to the issuance of a building permit, that the insulation of the buildings nearest 37th Avenue meets all FHA require- ments and is adequate to protect residents from the traffic noises created by proximity to that busy roadway. (.2) . No building may be constructed closer to 37th Avenue N.E. than any existing building in the Fosston Townhouse complex. (3) Also prior to the issuance of the building permit, the Building Inspector shall determine whether the landscaping plans. for the project are in.: conformance* with the require- ments set in the City ordinance. The Council found, as did the Planning Commission, that under such a permit., individual home ownership may be allowed and the conditional use permit meets -the guidelines set for the property in the proposed City Comprehensive Plan. Before voting on the motion, an amended motion was made by Councilman Sundland and seconded by Councilman Marks, to add the following additions to the .conditions for approval for the permit: (4) Adequate drainage of the site must be provided by the developer so this development will not have an adverse effect on the adjoining property. (5) Soil borings be made, as required, at the expense of the developer. The amendment passed unanimously and the amended motion carried unanimously. Motion by Councilman Sundland .and seconded by Councilman Marks -to grant a three foot sideyard setback variance at the 37th Avenue N.E. frontage of Lot 6, Block 9, Moundsview Acres. Second Addition, for . . the proposed townhouse project, finding, .as did the Planning Commission, the variance is necessitated. by the ten foot right of way recently acquired on that site by Ramsey County for their proposed rebuilding of that roadway and, the variance is not prompted by a desire to increase the value of the property since the developer has reduced the number of 6nits to be developed from the possible permitted eight to seven. Bruce Mc.Reever and Douglas Goodard, representing Red Owl Stores , were present to discuss the firm' s request for an. additional 280 square feet of signage on the south side of the Country Store at 2508 38th Avenue N.E. Mr. Goodard identified himself as in charge of engineering and store planning for Red Owl and said he is. generally opposed to too much signage but felt that although the store has 304 square feet of signage through variance to the sign ordinance on the front of the store, the competitive nature of the grocery • business makes it essential that the store can be identified from 37th Avenue N.E. on the south as well. He was "confused as to why the Planning Commission should question Red Owl 's -assumption that the signage would. be effective believing the firm itself is best equipped' to make such a determination. " Sibley Showrooms, who share the building with Country Store, has approval for -signage on the south and Red Owl is willing to coordinate the exterior finish of the building and the sign with Sibley' s redecorating schemes. The- Country Store has been losing business to the newly remodeled Snyder-Red Owl store in the' St.- Anthony Shopping Center and needs to make up the loss by capturing some of the potential shoppers who travel east on 37th Avenue and never know there is a Country Store at that location unless they happen to glance back, Mr. Goodard said. It was noted that when the existing eastern frontage sign variance was fronted in - 1978, the Red Owl representative then assured the Council that was all the signage Red Owl would ever require at -this site. Mr. Goodard felt this was not a prudent statement and that individual is no longer with Red Owl. In any event, he continued, conditions change. Councilman Marks told Mr. Goodard he was Chairman of the Planning Commission when such a large concession to sign size was granted Red Owl and he questioned whether grocery shopping is done by- impulse or is rather a carefully planned activity for 'most .shoppers. Mr. Berg confirmed that Country Store now has 304 square feet of signage for 38, 000 square feet of building area where 180 is permitted by the City sign ordinance and they would have 584 if the request is granted. • -7- Sibley has- 442-. square feet of signage for their 50,000 square foot store through variance. With Country Store's additional signage, the building will have over 1,000 square feet of signage. Councilman Sundland appreciated. the fact that the Red Owl representa- tive had acknowledged his company had made a mistake when they sought signage for the store in 1978 and agreed identification is important for them. He also appreciated the two Red Owl representatives ' guarantee that the south side of the building will be cleaned up and suggested staff remind them of their promise should that area become unsightly again. However, he wondered if a smaller sign than requested might not- do as good a job for them. Councilman Letourneau pointed out the isolation of the Country Store location and said it . is really not right- across .from residential but rather separated from 37th Avenue N.E. by a railroad tracks and the animal hospital. He agreed with Mr. Goodard -that since Montgomery Ward is gone from Apache the area is not as well identified as a shopping area and saw the additional signage as perhaps drawing more shoppers to that economically depressed area. Councilman Marks did not see. it as having been proven that the sign will improve business conditions. Because an exact comparison could be made between the proposed • signage and that which Sibley is putting up, Councilman Sundland suggested tabling the matter until the next Council meeting. Motion by Mayor Haik and seconded by Councilman Marks to table the Red Owl signage request for the Country. Store until further data has been presented by staff -to show how the proposed signage fits in with that to be placed on the building by Sibley. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to accept -the final plans for signage for Lowry Grove Motor Park and barber shop at 2413 Lowry Avenue N.E. as recommended by the Planning Commission agreeing with them that the reduction of signage and location of the- signs will -be an improvement- for the area. Motion carried unanimously. The conversation the Commission had with Bernard Blanske and his attorney was accepted as informational by the Council with no comments. However, Mr. Berg and Councilman Letourneau informed them that Mr. Blanske is drawing up.- new plans which include the vacation of Sunset Lane by. the City. Mr. Bjorklund reported the Commission's conversation with Eliot Saliterman regarding that portion of the St. Anthony Shopping Center . which -he owns, it' s possible redevelopment and the relation they saw for its deteriorating condition and Mr. Saliterman' s request for commercialization of the area. He read the paragraph he intends -8- to 8-to submit as an addition to the May 20 minutes further expanding the points made in this conversation. The Administrative Assistant said the elder Saliterman had contacted the City offices for a meeting with staff regarding the center. Mayor Haik expressed the Council ' s appreciation of the "quality and quantity of the work" *the Commission had accomplished during their meeting. The meeting was recessed at 9 :10 P.M: and resumed at 9 :20 P.M. to hear the presentation of Dick Krier of 'Westwood Planning and Engineer- ing' Co. , 7415 Wayzata Boulevard, for his firm's proposal for providing community development consultation to the City. This is one of three proposals the Council has sought for providing the expertise the Council may need in the area of .redevelopment in the future. Follow- ing the presentation and a question and answer period, the Council thanked Mr. Krier for his insights and input. Motion by Councilman Sundland and seconded by Councilman Letourneau . to adopt Resolution 80-035. RESOLUTION 80-035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SWEEPING AGREEMENT WITH RAMSEY COUNTY FOR 1980 Motion carried unanimously. Motion by Councilman Marks and seconded by Mayor Haik to direct the Manager to prepare a new sewer ordinance with rate calculations modified as per the recommendations of Mr. Fornell May 21, 1980 . ORDINANC. 1980-003 AN ORDINANCE RELATING TO SEWER RATES AND CHARGES AMENDING ;:EC:TION 540 :00 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. The Police Department report for March, 1980 was ordered filed. Motion by Mayor Haik and seconded b17 Councilman Sundland to grant a heating license to Egan and Sons Co. Motion carried unanimously. __-__'J \Motion by Councilman Letourneau and .seconded by Councilman Sundland _Vto approve payment of all Verified Claims listed in the May 27 , 1980 agenda. Motion carried unanimously. r• ' -9- Motion by Councilman Sundland and seconded by Councilman Marks to .approve payment of $11,430.50 to Short-Elliott-Hendrickson, Inc. for engineering services on the St. Anthony Boulevard bridge over the Burlington Northern Railroad tracks under Project 1979-004 as recommended in the memorandum dated May 27, 1980., from the Dir- ector of Public Works. Motion carried unanimously. Motion by Councilman Sundland and seconsded .by- Councilman Letourneau to approve payment of $1,432 . 75 to Talle, Herrick, Munns and Goodrich for legal services in the Johnson Florist Co. litigation. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to approve payment of $2,000 to the George M. Hansen Co. for the 1979 audit of the City. Motion carried unanimously. ADDENDUM Mr. Fornell compared the proposals from the League of Minnesota Cities and Home Insurance -Co. for providing Workers Compensation coverage. Motion by Mayor Haik and seconded by Councilman Sundiand to leave' to the City Manager the judgment as to whether the City' s coverage for Workers Compensation should be placed with the Home Insurance Co. or with the League of Minnesota Cities Insurance Trust Self-Insured Workers Compensation Program. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to adjourn the meeting at 10 : 45 P.M. Motion carried unanimously. Mayor ATTEST: Clerk Treasur