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HomeMy WebLinkAboutCC MINUTES 08261980 Meeting Sheet IIIIII VIII VIII VIII VIII II I IIII IIII iozua Box: 21 Folder: CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 08261980 s . 64. • CITY OF ST. ANTHONY COUNCIL MINUTES August 26 , 1980 The meeting was called to order by. Mayor Pro Tem Sundland at 7 :30 P.M. Present for roll call: Marks , Sundland and Letourneau. Absent: Haik . and Ranallo. Also present: , Jim Fornell, City Manager; William Soth.,, City Attorney; Ron Berg, Administrative Assistant; Carol Johnson, Clerk/Treasurer; and Larry Hamer, Director of Public Works. The minutes for the Council 's July 22nd meeting were corrected at the request of Mr. Soth to more accurately reflect that "the project can change" and "will be subject to the conditions set by the City" . Page_ 7 , para. .2 , lines no. 4 through 10 : Should read "He also recommended against conditions pertaining to the disposition of the $75,000 reserves and settling. the traffic improvements on the approval of the plan and suggested that "The minutes show that the term 'Project' , as referred to in the resolution of approval, means 'project as proposed ' together with such other improvements as agreed to by the owner and the City• for. an expenditure of up to $75,000 in• reserves, in addition to! those -funds already set aside for construction" . . . . . Motion by Councilman Letourneau and seconded by Councilman Marks to approve as corrected the minutes for the Council meeting held July 22 , 1980. Motion carried unanimously. The minutes. for--the July 28th meeting of the Advisory Committee to the . Health. Board and the July 28th and August 7th meeting of the Cable T.V. Advisory Committee were .ordered filedas.' informational following Councilman Letourneau' s report that the Cab-le-T.V. Committee members had agreed to write letters opposing the cable deregulation bill before the U.S . Senate but- will proceed with -the franchise process in the interim. Judy Makowske reported on actions taken and recommendations to the Council made by the Planning Commission during their August 19 , 1980 meeting. She first reported the Commission. recommendation .of- Council approval of the variances to the City ordinances which must be granted before • -2- Susan. .Tobias= cam make the additions to her home at 3121 29th Avenue N.E. which she. believes will bring her older .home. .into greater con- formance with- the newer homes in that neighborhood. The petitioner showed the plans for a new garage, a'. bedroom-bathroom and deck additions she proposes to ,construct at. the same time she intends to remove the. existing non-conforming garage on the property- Motion by. Councilman.. Letourneau and seconded by Councilman Marks to grant a 5 feet 8 inch front yard setback ,variance. as. well as a side yard setback variance of_ 2 feet. 6 inches which .will allow Susan Tobias to construct the ,additions to the .home at- 3121 39th .Avenue N.E. as proposed in Exhibit I , Site Plan .=No. 1, on the condition the exist- ing garage on. the property .is removed upon completion of construction, finding, as did the Planning Commission, that granting these variances; (1) would result in an overall improvement of the lot and the exist- ing non-conforming .garage .can be removed; (2) would aid .in- saving the .existing aesthetics- of the property by allowing the preservation -of the existing Cstately) oak tree; and (3) would relieve a hardship and correct extraordinary. circuimstances applicable to. this property .but• not applicable to- other property in the vicinity or zoning district , as the hardship was caused by the City ordinance -which was adopted after the existing structure was built. In granting these variances,. the Council took into. consideration; • (a) the irregular. setbacks of the ad-jacent. properties; (b) adequate on site parking which will now be - available; (-c) the support of seventy-five percent of. the adjacent. property owners for the request; and (d) that better blending of this older home with the newer homes in the neighborhood can be expected from this improvement . Motion carried. unanimously. Harry Schroeder of.- Horizon Development Company, architect for the new office building in the St. Anthony Office Park was present, as he had been at the Commission meeting, to present a petition for a free standing sign variance- for -a. 60 square foot identification sign for that building. Motion by Mayor Pro Tem- Sundland and seconded by Councilman Letourneau to grant a .variance to-. the City sign ordinance for a free standing sign proposed .in the drawing for the Anthony Place building, 2855 Anthony Lane .South. presented to the Council August 26 , 1980 , with modifications agreed to .by the.. architect to bring .the sign within the definition of a monument type sign and on the condition there will be no tenant. identification on ,the sign-.or the building, finding that: (`1) The sign, as modified, falls well within the proposed guidelines set for signage in a Light Industrial district. (2) The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the neighborhood. -3- (.3) A particular hardship to .the applicant would result if the • strict letter of the regulations are adhered to. Motion carried unanimously. Mrs. Makowske then reiterated. the. many reasons cited ..by the Planning Commission-. for- not .withdrawing their. original recommendation that the Red. Owl request for 280 .square . feet of, additional signage on the Country'Store. at Apache be denied,.by the Council. . There was no- one from- Red Owl present to...discuss .their request. Mayor. Pro .Tem Sundland said .although he. had .originally. believed, the.-.request for identification on the south .side -had. been a reasonable. one, now viewing the plans for the sign which: had been .altered only to include striping to.. coordinate with the. signage. .at one. time .considered for the Sibley Catalog Showrooms in. the .-same building,. he had -concluded "the .proposal is not what I.- expected to. see , with the sign much larger than I thought at 56 feet long" . Councilman- Letourneau repeated. his .original .concern that ."another tenant might be lost down there" , but agreed-., with the other two Councilmen that it would only be fair. to delay any decision until Mayor Haik and Councilman Ranallo -are given an opportunity to provide input. Motion by Councilman Marks and' seconded 'by Councilman-Letourneau to table the request for additional signage for the Country Store until the next. Council. meeting,. September; 9 , 1980 . . . (Red Owl subsequently requested an extension- to 9/23/80. )- Motion /23/80. )Motion carried unanimously. Next, the. Council considered .the proposal for a bulletin board to be built at the intersection of Kenzie Terrace and Silver Lake Road with St. Anthony Boulevard by the Kiwanis Club to be dedicated to the City to carry. announcements' of community interest.. The Commis- sion- had recommended Council approvalof the project- as presented, Mrs. .Makowske said. The Kiwanis representative, Hobie Swan, 2501 Lowry Avenue N.E. , presented the drawings of the sign which he said will be modified to meet thedefinition of the monument type sign saying- the sign will closely resemble that recently erected for the Lowry Grove Manor. Motion -by Councilman. Marks and seconded' by Councilman ..Letourneau to grant a variance for a free standing sign to permit. .the St. Anthony Kiwanis Club to construct the monument type community bulletin board agreed to by Hobie Swan on that portion of land lying N.E. of parcel 94-63507-6805M-282 (:excluding the right=of-way) with City staff to determine the exact siting for the sign at that location, finding, as did the Planning Commission, the conditions set for such variances are met as follows: • -4- (1) The granting of this.. variance for. a free standing sign .will not be detrimental. to. the public welfareor injurious to other pro- perty as .it is intended .to promote the civic well being of the community, encourage good citizenship and participation in community events, and designed in .such .a way as to emphasize positive aesthetics and not endanger traffic.. on- the contrary, the sign will be an asset to the public. welfare. The only affected property is the municipal. liquor operation parking lot and the lost parking area will be nominal. (2). The sign is, by nature designed for the community and as such there is no building to which .the sign can- be .affixed to avoid being free standing... It. requires. high visibility to promote its purpose:. community. .spirit_ and involvement. (3) Due to. the need..for a free standing sign and the_ fact .that there are no structures on the. parcel in .question, . the conditions upon which the application for- the variance is based are unique. Voting on the motion: Aye: Marks and Letourneau. Abstention: Sundland (_Kiwanis member) . Motion carried.. • The Council .also agreed toa. refund of the application fee (non- profit organization) with Mayor Pro Tem Sundland abstaining. Accepted .as agenda addendum were Resolution 80-058 under 7F and the Lundeen beer license request under No. 10 . Motion by. Mayor Pro_ Tem Sundland and .seconded by Councilman Letourneau to adopt the resolution- which -authorizes .the contract for the sidewalk to be_ built from .Stinson Boulevard- to the:. Apache Plaza mall along 39th Avenue N.E. and to award. the contract to the' Alexander Con- struction Company. RESOLUTION 80-053 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT FOR CONSTRUCTION OF A SIDEWALK ON 39th AVENUE N.E. Motion carried unanimously. A copy of the notice of the hearing and the background information for the Highcrest Road rebuilding project which has been completed were included. in the agenda for Council consideration of amounts which may be assessed against properties along Highcrest. Mr. Fornell had in his August 7th memorandum recommended alternative No. 1 but confirmed final determination of the exact amount will not be made until after the hearing has been held.. However, the Mayor Pro Tem commented- that he saw the recommended 26 percent of the projected costs assessment as consistent with the assessment treatment of 29th • -5- Avenue N.E. Mr-. Soth said he. had made.- several changes to the. notice form.. which wil'l._ bring *it. into compliance with State- ordinances. Motion by Councilman Letourneau, and seconded .by . Councilman Marks to adopt the resolution which- sets the. hearing. on the assessment costs for the. Highcrest Road Improvement- Project for 8 :30 P.M. on Tuesday, September 9, 1980. . RESOLUTION 80-054 A RESOLUTION .CALLING= FOR .AN ASSESSMENT HEARING IN THE. HIGHCREST ROAD IMPROVEMENT PROJECT (_19:79-0:011_. AND 'DETERMINING THE AMOUNT THE'. 'CITY WILL PAY Motion carried unanimously. Motion by Councilman Letourneauand. seconded, by Councilman Marks to , adopt the resolution which author.izes . the- executiori. of, a developer 's agreement with Bernard B.lanske, for improvements along. Sunset Lane to be provided- by Mr. Blanske. .in conjunction with the construction of the proposed "mini-warehouse" facility. . RESOLUTION 80-055 A RESOLUTION .AUTHORIZING .THE. MAYOR AND- CITY' • MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT Motion carried unanimously. The.-,Council, co plied'-with -the_August 18.th request_for.,.its support for .the Certificate.- of Need--for:-an-"-intermediate- care facility addition to the .existing St. Anthony Health Care Center., 3700 -Foss Road, in the following: Motion by Councilman Letourneau and seconded by Councilman Marks to adopt Resolution 80-056 . RESOLUTION 80-056 A .RESOLUTION IN SUPPORT OF THE ISSUANCE OF A CERTIFICATE OF. NEED FOR. INTERMEDIATE CARE UNITS, ST. ANTHONY HEALTH CENTER Motion carried unanimously. Motion by Councilman 'Marks* and seconded by Mayor- Pro Tem Sundland to adopt the resolution which continues the agreement with Hennepin County .whereby ,the county will. perform .the 198.1 property assessment for the City. • -F- • RESOLUTION 80-057 A RESOLUTION AUTHORIZ.ING. THE MAYOR AND CITY' MANAGER TO' EXECUTE. THE. SECOND AMEND- MENT TO AGREEMENT NO. 80228 Motion carried unanimously. Mr. Fornell had recommended the-Council adopt the. -resolution which regulates the use of liquors in the City parks for the interim during .which a. new ordinance..can_.-be. developed by the'..City Attorney for the same purpose: Councilman:. Marks. said,.he..could: not , support the resolution .because of the conflict he perceived- between the City' s. permitting the- use. of: liquor--on, .one hand and on the ,other supporting the efforts of the ..Chemical Abuse Information Committee to combat the use of- the same beverages... The Manager disagreed with the assumption' that .the City would..be condoning .the consumption of liquor.,but rather saw the .resolution as. providing.. the tools by which the City may control . liquor usage- in the parks . It-.was also agreed that the Council will continuelto-. grant permits for liquor usage in the parks. Motion by Mayor Pro. Tem Sundland and. seconded- by Councilman .Letourneau to adopt Resolution 80-058. as submitted and to direct the City staff to incorporatethe same controls into the.. ordinance .designed to regulate liquor usage in the City parks- proposed..by the City Attorney. • RESOLUTION 80-058 A RESOLUTION REGULATING. THE USE OF LIQUORS , INCLUDING.- NON-INTOXICATING MALT LIQUOR (3.. 2 BEER)., IN CITY PARKS Voting on the motion: Aye: . - Sundland and Letourneau. Nay: Marks. Motion carried. The Manager had .concluded in. his July 30th..memo that the City had no alternative but- to drop the issue of whether the property -at 2505 27th Avenue N.E. could continue as a duplex since no evidence had materialized to indicate the property usage had ever been other than as a duplex and the owner' s attorney had instead presented information which seems to prove "the property is probably a valid non-conforming use as a two family dwelling" . The former City Assessor had also confirmed that he could remember. no time when the property had not been used as a duplex, and there are no county homestead records • available to- prove otherwise. -7- Ray Lang, 260O .Pahl Avenue N.E.., .whose .complaints about noisy. parties and lack. of maintenance . of the property had raised the questions about the use, was present and willing to. accept the. staff ' s con- clusions, but promised. to be back. again if thetenants become an annoyance to the neighbors again. . Mr.. Soth said his reply to the new owner' s . attorney will include .the City' s concern about noise, tidiness and. upkeep of the property which it appears the owner has already taken steps to correct. The Mayor Pro Tem reported satisfactory meetings- between the City and school district representatives. regarding the. City"s continued use of the Park View building.. In .his August 8th memo, Mr. Fornell had advised that the school does not-..wish to sell .the building at this time -and he recommended. a..lease..which would be of .long enough duration to recapture any capital investments the- City might want to make. He had listed .the various. areas. of discussion he thought should be involved. in the negotiations and. the City Attorney said he agreed with .the Manager's conclusion. that the Consumer Price Index is a poor standard, for. the yearly. adjustment. under current economic conditions .. Councilman Marks wanted any agreement- to recognize that a purchase agreement could be worked out at a later- date. Councilman Letourneau questioned the- options- for utilizing space- in the building for the City Fire Department. Mayor Pro Tem Sundland saw a. g.eneral consensus • of the Council towards. approving. the Manager's recommendation and suggested negotiations should be left, to Mr. Fornell. .and. Tom McMullen of the school district with .the Council - having the opportunity to suggest any options they wish to .have included at any time during the process. . The Manager then said .he was relatively satisfied with the August 8th conclusions of Short-Elliott-Hendrickson, Inc. that the most feasible pond outlet would..- be on. Anthony .Lane by storm sewer within the street surfacing. He told the Council if the City had experienced the same torrential. rains.. the rest of the state had within the last few weeks, there could .have been real flooding problems on Anthony Lane. The Public Works. Director later confirmed that there has already been flooding on that street. Councilman. Letourneau was concerned- about the City' s legal responsi- bility.. for resurrecting, a project .which. had been-,previously turned down by -the property owners. The City -Attorney told him, "It is the responsibility of-the City to- make decisions -from time .to time and the question will again be put to the property owners-- at a public hearing" . He also said the .problem, of determining whether Roseville has- a "reasonable" right to permit the runoff could- involve a very "touchy- legal question" which the courts have previously addressed "case by case" . Mr. Hamer.. discussed the water problems further. giving the reasons • why the storm sewer has to be .placed within the street itself thereby -8- making a street reconstruction feasible and curbs. necessary to al- leviate drainage ditches. He believes , the. Rice Creek District and Roseville are willing to work with. the City to alleviate the problems and Roseville will pay its share of the costs "of disturbing the street surface" -for the sewer. Motion by Councilman. Marks and seconded :by Councilman..Letourneau to approve the Short-Elliott-Hendrickson,. Inc. proposal for engineering .services for investigation, study and report on the street recon- struction for Anthony Lane .at a..cost. of $2 ,500. as proposed in their File No. 80.105. Motion carried unanimously. Consideration-was next given . to .the. August 26 , 1980 request from R. E. Timmer-, Hockey Program Coordinator for- the St. Anthony Boosters for City funding of the costs. of hooking up power- for additional lighting of the City hockey rinks. Mr. Timmer- was present. and,.said. the new lights have been in the offing since 1976 but agreed with Mr. Hamer that it had not been the City who had "dragged- its feet" on getting the project accomplished. The Public Works Director had informed the Manager about the lighting proposals August 8th and the Manager had .suggested. in his August 22nd memo .that, ali. lighting alternatives should be studied. before any. Council.. action taken. Mike Dickson, the City' s electrical contractor, then made recommenda- tions for what he believed would be more - efficient.- lighting than proposed by- the Boosters. He and City staff will work with the Boosters to work out- a- final proposalto be presented to the Council September 9:th following a contact by Mr: Hamer of NSP to ascertain the electrical. service they can provide.. Mrs. Johnson had. indicated the difficulty the .City_ has attaining equal political party representation on .the election boards and Councilman Marks suggested publicizing the matter before the general elections in November. . - Motion by Councilman Marks and seconded by. Mayor Pro- Tem. Sundland to approve the list of judges , as submitted, for the Primary Elections September 9th. Since. there was no one. present to discuss the complait_from Christiansen Rubbsh. Hauling .concerning the.. Highway Patrol. giving tickets to garbage haulers for being overweight, no -.Council . action was deemed necessary. Motion by Councilman Marks and seconded-by Mayor Pro. Tem Sundland to authorize the City Attorney to prepare a. joint powers agreement with Columbia Heights for the proposed railroad signal on Stinson Boulevard. • Motion. carried unanimously. ' y -9- Motion by- Councilman Letourneau and seconded -by Mayor- Pro Tem Sundland to grant .a .temporary beer license to St. .Charles Borromeo Church for their annual steak fry September 12 , 1980 , subject .to the policy established. in Resolution 80-058 and waiving .the application fee for that license. Voting on the motion: Aye: Letourneau and Sundland. Abstention: Marks. Motion carried. Motion by Mayor- Pro Tem Sundland and seconded by..Councilman Letourneau to grant a .temporary beer license to Jim Strassburg for the softball games. to .be held in Central. Park the evenings of August 27 and Sept- ember 3, 1980, .subject . to the policy. established_ in Resolution 80-058. Voting on the motion: Aye: Sundland. and Letourneau. Nay: -Marks . Motion carried. Agenda addendum. Motion. by Mayor Pro Tem Sundland and seconded by Councilman Letourneau to ,grant a temporary beer license to the applicant for permit No. 79492 for a .family picnic at Central Park, September 14 , 1980 , subject to the policy established by Resolution 80-058. Voting on the motion: Aye: Sundland and Letourneau. Nay: ' Marks . Motion carried. No action was deemed necessary for the notification .of the City of its right not .to be included in the CDBG program for 1981. Plans .were made for Council attendance* at the meeting with Metropolitan Council representatives August 28th. The Manager recommended Council support of the proposed building project for. the League of Minnesota Cities which he _estimated may • cost the City $5,000 - in addition to their regular memberhsip fees . He reported that amount had been already anticipated in the 1981 budget. -10.- Motion by Councilman Marks. and seconded by. Mayor Pro 'Tem Sundland to authorize the. Manager to . fill out the opinion survey for the League of -Minnesota Cities indicating the.. City's support. of. their plans to construct a .building..and for a lump payment assessment. for the costs . Motion carried unanimously. Councilman-Marks' suggested. the -dedication of the statue in the St. Anthony Cemetery might be an appropriate- event whereby .the City might commemorate Local Government Day. Motion._by. Mayor Pro Tem Sundland .and seconded by Councilman Marks to declare October 21, 1.98.0 as Local Government. Day. for the City of St. Anthony, and torequest the City. staff to, plan the activities appropriate for the observance. Motion. carried..unanimously. The George M. Hansen. reports on the. City's audit for 1979 as well as the Manager:'s .observations onthe .reports. were= ordered .filed as informational as was the reminder .to. the. Council of a. later starting time for the Council meeting scheduled for September 9th because of the City Primary Election. Also accepted as informational were the June .P.olice Department and -the July Fire-Department and the liquor. operation- financial reports • along with the Manager's report on the HUD 701 .grant application and listing of Council: budget meeting dates. Motion by Councilman Letourneau and seconded by Mayor Pro Tem Sundland to grant a restaurant license to the Northgate Restaurant. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to approve. payment of all Verified Claims listed in .-the August 26 , 1980 agenda. Motion carried unanimously. Motion, by Mayor: Pro Tem Sundland and seconded by Councilman Marks to approve payment of $8,809 .75 to- the St. Anthony School. District 282 for fuel and maintenance charges for 6 months. Motion carried. unanimously. Motion .by Councilman Letourneau .and seconded by Councilman .Marks to approve payment of $1,920 . 19. to. the. Dorsey firm for services during May, 1980 . Motion carried unanimously. 0 Motion by Councilman Marks and seconded by Councilman Letourneau to approve payment of . $2 ,401.25 to the Dorsey firm for services during June, 1980 . Motion carried unanimously. -11- Motion by Councilman Letourneau.. and seconded. by Councilman .Marks to approve payment of $1,154,.61 .to .Short-Elliott-Hendrickson, Inc. for services towards the construction of the sidewalks along 39th Avenue N.E. Motion carried unanimously. Motion by Councilman Letourneau and. seconded by. Councilman Marks to approve-payment of $125.67:. to .Shor.t-Elliott7Hendrickson, Inc for preparation of the letter .concerning the.: MSA funding of the above sidewalks. Motion carried. unanimously. Motion. by. Mayor.. Pro Tem Sundland and .seconded..by Councilman Letourneau to approve payment of $250'. 86'. to Short-Elliott-Hendrickson, Inc. for evaluation of the. proposed diversion- of .sewage to the Minneapolis system. Motion carried .unanimously. Motion by Councilman Letourneau .and. seconded .by Mayor Pro Tem Sund- land to approvepayment of $2 ,.383. to ..the League of Minnesota Cities for the dues for the 19.80-811 membership year. Motion -carried unanimously. Motion.. by -Councilman Marks and seconded by. Mayor---ProTem Sundland to adjourn the meeting at 9 : 55 P.M. Motion carried unanimously. Mayor Pr em ATTEST: ( '�A Clerk Treasurer