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HomeMy WebLinkAboutCC MINUTES 09231980 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIII III IIII iozim Box: 21 Folder: CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 09231980 • CITY OF ST. ANTHONY COUNCIL MINUTES September 23 , 1980 The meeting was called to order 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 September 2 , 1980 budget work session on the Public Works budgetary areas. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Sundland to approve as submitted the minutes for the Council meeting held September 9 , 1980 . Motion carried unanimously. • Ray Sopcinski opened his presentation of the September 16th minutes of the Planning Commission meeting by reporting._.that body -had recom- mended approval of the variances to the City ordinances necessary for the 50 X 14 foot garage addition within the front yard setback of the property at 2817 Silver Lane. He said precedents for per- mitting non-conforming front yard setbacks had already been set in several instances along that street and cabin footings buried on the west side of the property would make siting a garage there very difficult. When Councilman Ranallo reminded the Council of the similar requests which had been denied, the Mayor said there had been intense neighbor opposition to that proposal while, in this case, there had been no opposition to this Solie request, and two neighbors had signed petitions favoring the proposal and the adjoining neighbor had indicated to a Commission member that he would not oppose the request._ Councilman Ranallo reported the Council could expect another front yard garage request on Edwards Street in the near future. Motion by Councilman Sundland and seconded by Councilman Marks to approve the variances necessary for siting the garage proposed to be built by Ken Solie within twenty feet of the front yard lot line for the property at 2817 Silver Lane as per the site plans presented by Mr. Solie, finding, as did the Planning Commission, that; (1) the existing City ordinances , which were adopted after 1955 when the structure of the property was built, do not permit upgrading that -2- residence to the standards now enjoyed by the surrounding structures and, (21 the topography- of the property being lakeshore, the addi tion of a garage to the front of the existing structure would reduce the cost of enlarging the house and, at the same time,, tend to improve the aesthetics of the surrounding area. Motion carried unanimously. The Council also accepted the Commission ' recommendation of approval of the proposed amendment of .the Blanske Addition plat which will permit the home existing ori Lot 1 to be sold. Motion by Councilman. Sundland and seconded by Councilman Ranallo to adopt. .the resolution which will permit the subdivision of the existing plat for the Blanske property presently described as Lots 1, 2 , and 3 , Block 1, Blanske Addition which will- divide existing Lot 1 of the plat into Parcel "A described as Lot 1, Block 1, Blanske Addition, except the East 137 . 80 feet of that part of said Lot -1, lying North of the North line of Lot 2 , and its extension West and Parcel "B described- as the East 137 . 80 feet of that part of Lot 1, lying North of the North line of Lot 2 and-its extension West, Block 1, Blanske Addition, finding that this action continues previous City discussions regarding developing buildable sites for the properties to the south. RESOLUTION 80.062 • A RESOLUTION APPROVING THE SUBDIVISION OF LOT 1, BLOCK l,. BLANSKE ADDITION Motion carried unanimously.. That portion of the minutes pertaining to the opposition from Mrs. Makowske and Mr. Jones permitting children to live in a mini-ware house facility were read aloud by Mr. Sopcinski, as directed by Commission motion, prior to Council consideration' of Ordinance 198.0-006 . This ordinance amendment to the City Zoning Ordinance had been prepared by the City Attorney at the direction of the Council to better define and permit a dwelling unit -for a caretakers residence in a mini-warehouse facility such as the recently approved Blanske property on Foss Road and, as written, would have excluded children over the age of 18 . The Commission had voted four to two to eliminate the age delineation and instead to permit "dependent children" to live in the caretakers residence. Mr. _Blanske told the Council he does.�not plan to have children living in the facility because he does not believe parents young enough to have young dependents "would stay around day and night to provide the necessary surveillance of the property Instead, he prefers caretakers who are retired to semi-disabled for the job. The unit he plans will only be 600 square feet and will have only one bedroom. Mr. Fornell suggested all units of this type might be • specified as to size and number of bedrooms, as had been suggested by Mrs . Makowske, thereby limiting the size of the family who might seek such quarters or employment. Mayor Haik agreed, saying she J -3- saw a validity for limiting the size of the. caretakers unit., leavng it up to the persons Who live there to make the economical decision as to whether children can five there. She' was ,. however, reluctant to set an age limit. Motion by Councilman Ranallo and seconded by Councilman Sundland to waive further readings and adopt Ordinance 1980-006- amending the word- ,ing to substitute for "the children under the age of 18 years" the wording "dependent children"' and inserting the--words "of no more than 600 square feet and one bedroom" to describe the "'Dwelling unit" referred to in subsection 7 . ORDINANCE 1980006 AN ORDINANCE RELATING TO LAND USE IN THE LIGHT INDUSTRIAL DISTRICT, AMENDING THE ZONING ORDINANCE & OF THE CITY OF 'ST. ANTHONY, ATTACHED AS APPENDIX T TO. THE 19.73 CODE OF ORDINANCES OF THE CITY- OF ST, ANTHONY Motion carried unanimously. The Council also concurred with the Commission recommendation that the building permit be granted for the proposed ,addition to the Central Engineering Company facilities, 2930. Anthony Lane following a discussion with Al Goetsch of Central and a representative of the architectural firm of MillerrDunwiddie regarding. the plans for the building. Mr. Goetsch said the engineering firm anticipates an increase in employees over the next three to five years of no more than 30 employees and the project will provide 100 parking spaces for 90 employees. Motion by Councilman Marks and seconded by Councilman Sundland to follow:..the:Planning Commission recommendation and grant a building permit for the proposed addition to the Central Engineering Company facilities, 2930 Anthony Lane, as . per site plans presented by the firm's representatives, provided- the proposal meets all applicable codes and ordinances; and, also,, grant an extension of 90 days for the temporary permit for the mobile trailer office now being utilized on the site by Central. Engineering. Motion carried unanimously. The remainder of the Commission report was deferred until after the General Revenue Sharing Budget hearing which was opened by the Mayor at 8 : 00 P.M. The Manager reported the City's 19.81 Revenue Sharing funds can be anticipated to be $40 ,000 . This will be combined with $20,000 from the revenue sharing fund balance and dedicated towards the operating expenses for the Fire and Police Departments , leaving $35, 000 in the Revenue Sharing Fund.. • No one else was present to. speak for or against the proposal and the hearing was -closed by the Mayor at 8 : 02 P'.M. for a continuation of Mr. Sopcinski ''s report.. -4- wThe Commission representative told the Council that body had hesitated to give too much. encouragement to Craig 'Morris for his proposal to remodel the existing residence at 390.9 Silver Lake Road for a beauty-barber. shop because of questions raised as to whether the concept would fit into the entire Planned Unit Development agree- • ment between the City and Gordon Hedlund for -that site; except for that concern, however, the Commission's. response was generally favorable. Mr. Fornell advised that David Ames had indicated to him that he was no longer interested in. developing the lots north of the property in .quest,ion for townhouses but had talked to Horizon Development who had expressed an interest in a similar development of that portion of the Hedlund PUD. It appears only a conference with the City Fire Marshal remains before- that firm will present a plan for townhouse development of the tract, but the Manager was of the opinion that the Morris request. could be staged into the basic plan for the entire Silver Lake Road.,. being "reasonably consistent with the mix of "B" and "C" uses permitted in the P.U.D. Mayor Haik was "not in favor of doing anything while the development is in transition" . She wanted to wait to ascertain whether Horizon might be considering the lot in question in their total package. Councilman Marks agreed, remembering "the many years the City has labored towards the development of the planned unit concept which Mr. Hedlund and his planners drew up and agreed to. but for which no concrete proposals have been presented for commercial component" . • He feared losing the P.U.D. characteristics of the plan with fragmentation. M.r. Morris responded. to this assessment- by saying he had researched the matter thoroughly with both the City Attorney and his own counsel and had assumed his proposal would fit into the P .U.D. requirements. He said the Commission members had indicated this might be an opportunity to "get something done with this property" , since he had expressed his willingness to meet. all the P.U.D. requirements. He thought most developers would see a barber shop as a most compatible neighbor in comparison to some of the other uses permitted under the P.U.D. He insisted Mr. Hedlund would never be willing to include this lot in a townhouse project and feared "finding a suitable developer could, go on for years. " He thought the City would consider the developing of this lot a necessity since there have been 23 arrests for drug use on the site and the City "has had to pay out $600 to get rid of the rats" . Mr. Morris said he needs an immediate response to his request since he and his six employees are out of jobs since they lost their lease on their former shop at 2200 Silver Lake Road. He then drew the Council' s attention to six persons who were in attendance who he -said were customers who "had come on their own to support his request. Later in the discussion, the Mayor corrected his assumption that the City would pay the $600 , saying the costs were assessed to the owner. Mayor Haik expressed her sympathy with Mr. Morris ' frustration but • reminded him no immediate decision could be made by the Council until he had followed all the requirements set down in the P.U.D. , including submitting a detailed plan and a public hearing before the -5- Planning Commissions, and thought. that. in that...time the. City- might have some firm plans from Horizon Mr. Fornell suggested an. app_ . cation could be -made which. would, include an agreement by.- Mr.. Hedlund, guaranteeing the remainder. of the, undeveloped lots will' be totally developed within their existing zoning parameters .within' no more than one building season if this proposal (beauty shop). is accepted, thereby realizing all the components of the. P..U.D.. ; first, the residential along Penrod Lane. wh.ich. is almost accomplished; secon:df, the barber shop, and finally, the immediate. development of the. remaining tract of land. Mayor Haik questioned whether present. economics might make such a plan unworkable but was willing to wait two weeks in which time staff could be authorized to work with Mr. Hedlund and Mr. Morris, to develop the detailed plan for the. Morris proposal which will include a firm proposal for development of the lots- to the north. Councilman Sundland' said he -"'wanted to see Mr. Morris have his day in court"' but was not interested in seeing '&nother fragmented plan from Mr. Hedlund "Mr. Morris said he understood fully what is expected of him and this delay would not interfere with his plans, The Council had requested staff to provide specifics for the signage permitted Sibley Catalog Showrooms as compared to that now requested for the Country- Store in the same building at 2500 - 38th Avenue N.E. in the Apache. Plaza shopping area. Mr. Berg reported that, as a replacement for the large non-conforming sign from a previous tenant, Sibley had been- permitted to have 450 square • feet of signage for the 50.,0.00 square foot area they occupy, including a 5 X 18 foot sign on the -south wall facing 37th Avenue N.E. In addition to the 3G8 square feet of signage already permitted Red Owl for the 30,000 square feet they occupy in the Country Store, the firm is now asking for a 5 X 56, foot sign on the south wall which will bring their total signage to. 588 square feet.. The existing sign ordinance allows 270 square feet, at most., for the Country Store. Mr. Sopcinski said the Planning Commission believed. the Red Owl application had not satisfactorily addressed the. three conditions set by ordinance for granting a variance to the sign ordinance for the additional 280 square foot sign. Mr. Soth read these three conditions. Bruce McKeever who is in charge of construction for- Red Owl and Douglas Goodard, architect, said the signage request was prompted by "the marketing people at Red Owl who have studied the sales of the Country Store for a long time. and concluded there has not been the projected response to sales promotions for that store and "the store is not getting the. customers who drive by" . Mr. Goodard noted that Sibley, with the existing large sign, has 705 square feet of signage and the possibility of that operation leaving the building because of bankruptcy "has just magnified Red Owl's need for identification in that isolated spot, especially considering the • absence of Montgomery Wards from the mall area" . The architect said he. had driven the area when the Planning Commission had questioned the feasibility of locating the sign on the south side of the build- ing, and agreed with Mr. McKeever "the only way a driverc�going east -6- on 37th Avenue would see the Country Store. would. be to Zook back'',. He responded to Councilman Marks ' insistance that_ "Red Owl has not. yet presented the. marketing figures to prove they need the, sign" by saying "although Red Owl has not done , a survey, they base their request for additional signage on past experience and think the City must accept their expertise in at least this area" . Councilman Sundland told the Red .Owl .-representatives that, although he must have seen the drawings when they were submitted the. first time, he had not realized the proposed. sign''s actual length, commenting "It' s longer than a telephone pole. He. also. specixlated that, if the sign on the south side is- granted,. "it won 't be long before some Red Owl -marketing person will drive along the roadway past the Little Chief center to the west and -conclude the Country Store can' t be seen at that point and additional signage is needed on the Stinson side" . Councilman Ranallo. told .Mr.- McKeever and Mr. Goodard to remember there are City residents who live along 37th Avenue "who have to look at that sign" . Mayor Haik said she wondered if Mr. Fornell ' s suggestion. that" s-ignage allocation changes may be realistic might not be correct. Motion by Councilman Ranallo and seconded by-.Councilman Marks to follow-the.;recommendations of the. Planning Commission to deny any further variances to the Sign Ordinance for- the proposed 280 square feet sign for the Country Store.. • Voting on the motion: Aye : Ranallo, Marks, Haik and Sundland. Nay: , Letourneau. Motion carried. The budget transfer for gas purchases was accepted as .an agenda addendum under No. 7H. Motion by Councilman Sundland and seconded by Councilman Marks to waive further readings and adopt the ordinance which corrects a typographical error in the recently adopted Fire Ordinance, as requested by the Fire Marshal. ORDINANCE 19.80-007 AN ORDINANCE RELATING TO FIRE PREVENTION, AMENDING :'SUBDIVISIONS 1 AND-2 OF SECTI01.1- 350. 05 OF ,THE 1973. CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Sundland to • adopt the resolution which approves the joint powers agreement with Columbia Heights for a railroad signal gate on the railroad cross- ing on. Stinson Boulevard. -7- • RESOLUTION 80.061 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE .CITTY OF' COLUMBIA HEIGHTS ON BEHALF OF THE- CITY- COUNCIL Motion carried unanimously. The Council next discussed with the City Manager and Attorney the proposed agreement with Hennepin County whereby the county will be allowed to construct a 6 X 6 foot prefabricated equipment shelter with a 20 foot high antenna (sl near the City' s .water tower in Central Park for housing public safety radio communications equip- ment. Mr. Soth told them the agreement had been. modified to indicate only reception of communications will be permitted at this time and any provisions for radio transmission would have to be renegotiated by the county at a later date when the possibility of television interference can be thoroughly researched. Mr.. Fornell,_.in. his January 24th memorandum, apprised the Council of the reasons he saw such a tower as being beneficial to the City. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt Resolution 80-063 with changes in the wording of Agreement No. 01217 with Hennepin County recommended by the City Attorney. RESOLUTION 80-063 A RESOLUTION AUTHORIZING 'THE MAYOR AND CITY MANAGERTO EXECUTE AGREEMENT NO. 01217 REGARDING A RADIO COMMUNICATIONS AMPLIFICATION SYSTEM Motion carried unanimously. Considered next .was the' September 16th request from Paul Tietz of the Lindquist and Vennum law firm for a public hearing to consider the proposed issuance of industrial revenue bonds. for the purpose of financing the construction and equipping of-- an engineering and administration building proposed by Loren Swanson. The 11,000 square foot building will be located directly adjacent to the existing Central Engineering Co. facilities, 2930 Anthony Lane, and will be owned by Mr. Swanson and leased to Central Engineering. Mr. Tietz was present but did not speak. Motion by Councilman Sundland and seconded .by' Mayor Haik to adopt the resolution which calls for a public hearing -on the Industrial Development Revenue bonds requested by Loren Swanson to be held at 8 : 00 P.M. .before the City Council on October 28 , 1980 . RESOLUTION 80-064 • A RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT MINNESOTA STATUTES, SECTION 474 . 01, SUBDIVISION 7b, AND PUBLICATION OF NOTICE -8- motion carried unanimously,. The changes proposed in the wording for. the resolution-----authorizing the signing of the agreement with. the. M' and M Corporation and the City of Roseville were then considered along with the Manager's September 17th letter to M and M and Roseville setting down the conditions under which a. temporary connection to the City's water and sanitary sewer system will be. permitted for Mand M for their building project adjoining the easterly border of St. Anthony. Councilman Marks questioned whether No. .5 of. the. agreement specifically indicated M and M would be responsible for the� cost .of disconnecting the systems, but the Mayor thought M and- M's respons-ibilities had been specified adequately in No. 1 and .Mr. Soth 'said the City would have the control since it can just cut off the water supply to M and M. However, he suggested making the agreement recordable as a means of alerting any futurecowners rather than- changing the. agree ment itself since Roseville has, in all likelihood, already signed the papers. Motion by Councilman Ranallo and seconded by Councilman Sundland to adopt Resolution 80-065 contingent upon the administration costs being paid by M and M Corporation and the agreement being made recordable. RESOLUTION' 80-065 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO. EXECUTE THE AGREEMENT WITH' THE CITY OF ROSEVILLE AND M-M DEVELOPMENT CORPORATION ON BEHALF OF THE CITY- OF ST. ANTHONY Motion carried unanimously., The Council concurred with the September 23rd recommendations from the City Manager that a. budget transfer of $9:1100.0 including the funds on hand, a tax credit of $2 ,284 and MSA funds, be made -to defray the cost of filling the new 14 ,000 gallon gasoline tank and to cover motor oil purchases. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve Resolution 80-066 . RESOLUTION 80-066 A RESOLUTION MODIFYING THE 19.80 BUDGET Motion carried unanimously, Richard Carlson, Chairman of the Chemical. Abuse Information Committee , had told Mayor Haik he saw no clear direction- emerging for the committee and would not favor its continuance. He indicated a willingness to call another meeting of the committee members to iascertain their interest in serving on' the joint `.City Council-School Board appointed. citizen input committee recommended- by the City Manager in .his September 17th memorandum. Mayor Haik commented on -9- the fine accomplishments of the committee and said .she understood the former committee heads would not oppose the new- directions for the group. Mr-. Fornel'l suggested the Chief of Police would be a logical representative from the City to the joint committee and he agreed to contact the existing C.A.I.C. members regarding the suggested meeting. Mr. Berg' s September 19th memorandum regarding the proposed video tape store in the St. Anthony Shopping Center, which will rent and sell tapes for video tape machines , including X-rated tapes, was discussed. Mr. Soth advised there is no provision for a rental facility of this type for a commercial district in. -the City ordin ances with rental businesses as the only operations coming close to that designation. He suggested an ordinance defining such a store could be referred to. the Planning Commission for development but cautioned that "the City cannot deny a business because it sells X-rated materials"'. It can, however, be regulated through a licensing ordinance. The -request was referred to the Planning Commission for consideration of an ordinance and/or licensing. It was agreed that---the St. Anthony Government Day will be observed on November 19th from 4 :00 P.M. to 6 :00 P.M. in the Council Chambers with presentations limited to 10. to 15 minute periods. The dedication- of the sculpture "Generation" in the St. Anthony • Cemetery will be held in conjunction with the state observance of "Government Day" at 3 : 30. P.M. , October 21st. The City Attorney outlined what he saw as the county's right to jurisdiction regarding the establishment of municipal tax increment districts in response to the resolution addressing such rights forwarded from Hennepin County. The resolution was ordered filed as informational. Mr. Fornell explored further with the Council the reasons for his September 19th memorandum recommending the acceptance of the Helgeson proposal for the City's 19.80 audit. He said he believed .from past experience with Mr. Bonniwell, who would conduct the audit for Helgeson, that firm would work better with staff to implement changes suggested in the audit. Motion by Councilman Marks and seconded by Councilman Sundland to follow the City Manager' s recommendation and accept the proposal from Adrian S. Helgeson. and. Co. to conduct the City's 1980 audit at a fee not to exceed $7 ,500. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Mayor Haik to grant a heating license .to Neil Heating and Air Conditioning. Motion carried unanimously. _10- motion by Councilman. Letourneau and seconded. by Councilman Sundland to approve payment of all Verified Claims listed., n. the September 23rd, 1980 agenda. Motion carried unanimously. Motion by Councilman Ranallo and seconded by. Councilman Letourneau to follow the recommendations of the. Public. Works Director to return the. retainer fee of $5.0.0 for the replacement .of sod on the Stinson water. main replacement project to the Walbon Company. Motion carried unanimously.. Motion by Councilman Sundland and seconded by. Councilman Letourneau to approve payment of $1,675 to the. Dorsey firm .for legal services during July, 1980. Motion carried unanimously. Mr. Fornell requested the. Council approve the writing off of the 1979 uncollectible checks listed, in the agenda. He said the ratio of such checks is low compared to the number of checks cashed and recommended continuance of check cashing for the City liquor stores . The Police Department has not discontinued its efforts to collect the bad checks, he. added. Motion by Councilman Sundland and seconded by Councilman Ranallo to write off the listing of uncollectible checks included in the September 23, 1980 agenda. Motion carried unanimously., Motion by Councilman Letourneau and seconded by Councilman Ranallo to adjourn the meeting at 10 :15 P.M. Motion carried unanimously. ' Respectfully submitted, Helen Crowe, Secretary ATTEST: City C erk` Mayor