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HomeMy WebLinkAboutCC MINUTES 10281980 Meeting Sheet IIIIII IIII IVIIIVIIIVIIIVIIIIIIIIIII ianoi Box: 21 Folder: CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 10281980 ` CITY OF ST. ANTHONY COUNCIL MINUTES October 28 , 1980 The meeting was called, to order at 7 : 32 P.M. by Mayor Haik. Present for roll call: Marks, Sundland, Haik, Ranallo and Letourneau. Also present: Jim Fornell, City Manager, William Soth, City Attorney; and Carol Johnson, Clerk/Treasurer. The minutes for the October 14th Council meeting were corrected as follows: Page 3, para.. 1: . Candidates to serve on the Kenzie 'Terrace Study Committee will be nominated "in -November" rather than "October 28" . Page 6 , para. 2 : Insert the word "possibly" before- 'January 31st" . Motion by Councilman Sundland and seconded by Councilman Marks to approve as corrected the minutes for the Council meeting held October 14 , 1980 . Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve as submitted the minutes for the special Council meeting held October 16 , 1980 for the purpose of accepting the Valley Equip- ment bid for the roadgrader. Motion carried unanimously. Irving Peterson _reported actions ..taken and recommendations made -to --the Council by .the Planning Commission as reflected in the minutes for their meeting held October 21, 1980. He highlighted the lengthy dis- cussion involved in the consideration of the Detailed Plan for the Hedlund. PUD submitted by Craig Morris of Stacy, Minnesota for remodel- ing the existing structure at 3909 Silver Lake Road for a barber- beauty shop and directly quoted from those who either supported or disapproved of the proposal. Mr. Morris and his attorney, Mark Haggerty, 6414 University Avenue N.E. presented the reasons they believed the shop would prove an asset to the community and perhaps an impetus for development of the Hedlund property to the north which is also governed under the PUD with an R-3 , multiple dwelling residential district zoning. When Councilman Sundland asked whether Mr. Morris was satisfied with the arrangement under the PUD whereby the existing curb cut was to be the only one permitted to serve the entire Hedlund property along Silver Lake Road, the attorney replied that "as of now, the planned curb cut will remain L. the same but Mr. Morris might need another, depending on how the other land is developed" . He then reported that the Dominium company has -2- proposed to construct a 22 townhouse complex on the northern site with a closing date of December 22nd. However, Mr. Fornell said his conversations with Mr. Safar of Dominium had .indicated that whether or not that firm builds the .townhouses depends on a feasible marketing analysis for that site. Mr. Haggerty said although -he has previously represented the owner of .the. property . in question, ;. he is "representing Mr. Morris .now". He assured the Council that his client "does have an option and intends . to buy. the property" . Councilman, .Sundland then told Mr.. Haggerty he is "not totally opposed to the proposal" but rather is concerned about developing the PUD as a whole. and wanted all the safeguards. suggested in the City Attorney's October 14th memorandum. to be followed. for a partial development of the site. Councilman Marks said he , as Councilman Sundland, has been involved .with this property's development for a long time and was concerned whether the "commonality of development and design as to style and architecture , which. had been agreed to- in the PUD plan developed for the site by the owner and his attorney and planner, had-been addressed by the. Planning Commission '. during their consideration of.-this proposal. " Councilman Ranallo then reported the City Manager. had been unsuccessful in getting agreement from- Mr. Hedlund to the first condition for approval set down by the Commission that "Mr. Hedlund's remaining undeveloped property in the Hedlund PUD cannot be further divided but must be developed as a unit' . Mr. . Soth agreed with the Mayor 's assumption that "it was up- to the Council and not .Mr. Hedlund to decide how the .land is to be developed .under its existing zoning" because the City' s subdivision ordinance .gives the Council the right to approve r dy a proposed development` , suggesting the Council view it as "type al zoning" . This discussion was deferred until after the public hearing on the Industrial. Development Revenue Bonds .requested by Loren Swanson for the 11,000 square foot engineering and administration addition to the Central Engineering Inc. building at 2930 Anthony Lane. Present but. not. speaking were Al Gbetsch of Central Engineering and Paul Tietz of .the Lindquist and .Vennum law firm. The public hearing was- closed at 8,:03 .P.M. for- a .Council' decision on the resolution .approving the revenue bonds which had been developed under City policy established under Resolution 80-040 . Motion by Councilman Sundland and seconded by Councilman Marks to adopt Resolution 80-077 . RESOLUTION 80-077 A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT WITH LOREN_ SWANSON UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL- FOR THE ISSUANCE OF REVENUE BONDS .TO FINANCE THE PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER. OF .SECURITIES OF THE STATE OF MINNESOTA AND- AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS Motion carried unanimously. . -3- Motion by Councilman Sundland and seconded by Councilman Letourneau to appoint the Dorsey law firm to ' serve as bond counsel for the Central Engineering project. Motion carried unanimously. The Morris proposal consideration was then continued with Mr. Morris ' father, Frank Morris, 3350 - 92nd Curve N.E. , saying. he could not see how "letting the Hedlund property. go undeveloped for 20 years had gained anyone" and insisting "a barber shop next to .that property won't deter any other building,. but instead, might encourage develop- ment" . Kenneth Lee said he. intends to build a house for himself on Lot 10, Penrod Addition, just above, the property in question .and "is not concerned about the buffering for the beauty parlor" . He saw this proposal as "better than.. any. other- made before" . Mrs. Chester Nelson, 3916 Macalaster Drive, opposed the project citing other proposals made in the past which had never materialized. She believed permitting this use "could deteriorate the PUD and change the uses set for the adjacent property" . Mr. Haggerty dis- . agreed saying "the two properties.. should remain separate" and "the City has an ordinance for controlling .the use of the property to the north" . He urged the Council not to delay a decision since Mr. Morris has lost his lease on his- former location and faces losing his employees if he doesn't find a site for his shop right away. Mr. Morris then reported that 36 homeowners on Penrod Lane and 71 on Macalaster and_ 39th Avenue N.E. had signed his petition of approval, with many expressing their irritation with. the City that the property wasn't being- used in a. better manner than it had in the past. He believed "with '�oday ' s economics- no one -could guarantee-- how--the- property to the north will be developed" . His brother, Vernon Morris of Cambridge,. Minnesota., said he had .helped take. the petition around to the neighbors and was surprised "not to hear a single objection to the proposal from the residents on Macalaster or 39th, many of whom felt it was about time the .City did .something with this property since it's been -foga -ng.,around with .it or.- a=-long_ time Councilman Marks and Mayor Haik rejected the implication that the Council had "dragged its feet" regarding the development of this property, but said rather the Council had gone along with "the elaborate plans developed by Mr. Hedlund -and his planner, in the hope something substantial would happen for the property" . The Mayor said ,it doesn't appear the developer has been able to develop the land in an orderly manner in spite of the steps the City has taken to facilitate such development. Although Mr. Lee had indicated a hedge, rather than the fence stipulated as a PUD requirement,. would provide adequate buffering of his adjoining property, the Mayor said she would be reticent to consider any other buffer than had been required as a protection for the single family residences along Penrod in the PUD. She said the Council's prime consideration was-that the development of this lot might be a leverage on Mr. Hedlund to get the rest of the PUD developed, but she no longer believes this proposal will provide the. desired leverage. Mr. Fornell said Mr. Safar had indicated the manner in which this property is developed will not be a deciding factor in whether or not _ he goes ahead with the townhouses, but rather, the economics must warrant his investment in the project. Councilman Sundland agreed with -4- Councilman Marks that "maybe we should get started on this develop- ment" but , said he has trouble disassociatingthis. request from all the others which 'have never, materialized.. He also- saw the opposition of an Apache barber to the proposal as being a .point which should be remembered as well. However, he believed. if. the safety. factors built into the .PUD or R-3 zoning requirements- are maintained, the development of . this lot might encourage development. of the remaining parcel. He wanted the. conditions set by the Planning Commission to be repeated in any Council approval. Councilman Ranallo wondered if. the. residents along- Penrod realized . that allowing a "B" use for. -this parcel might set a precendent for for the undeveloped property noting the opposition they had voiced when another "B" in .the form.: of a municipal liquor store had been proposed for that .site. The City Attorney, addressed some of the Council 's concerns by reminding them that "Mr.. Morris. is only a spokesman for Mr.. Hedlund, since, technically, this is Mr,. Hedlund'.s application .and' he has to agree °to any action taken and can't later say he didn't know about the conditions you attach" . Mr. Soth recommended any motion of approvalshould indicate the. approval is for the Final Plan of the PUD and conditions set now are attached to that Final Plan. He told Mr. Haggerty the Final Plan is the document .which must be recorded and "this is the Final Plan- for only this particular property" . He told Councilman. Ranallo the Final- Plan fixes the use of__the property and that. use "can't be changed to commercial without rezoning" . . He also advised that. "staff cannot negotiate the PUD requirements -regarding landscaping" as had been recommendedby the Planning Commission. When asked. to comment ,on the concerns raised by Councilman Ranallo: regarding. the. City's legal position as to setting a precedent in the development. of this property which might affect the development of the lot to the north, Mr. Soth said "this proposal can be'.distinguished .from the. balance of the PUD since the subject lot has an existing structure as opposed to the undeveloped land, and, if you approve this proposal, you are confirming that the developer has .two types of..-development possible for the property to the. north" . He did not believe all building had to be- done at one time, but could. be staged but advised the Council they still had the option of telling the developer "you can't make .a decision on one parcel of the PUD. without seeing a plan for the whole thing" . Mr. Haggerty agreed that Condition #1 for the Detailed Plan, as the Final Plan, would be. satisfied _with the recording of the Final Plan. He later signed the site drawings . identifying them as the Final Plans. Mayor Haik said she intended to approve the proposal believing it would not be a deterring factor .for the development of the land to the north to either a residential or commercial use under the PUD. She reminded.. those. present that "the condition. of the existing house reflects the interests of the owner rather. than the City" . She did not find .the question of whether Mr. Morris is a. reputable business- man or not. should be the .question involved in making a decision, but rather, what is the bestuse of the land. -5- Councilman Letourneau said he- had also been involved in the develop- ment of this property for -over 10 years and "still doesn't want to. set a precedent for piecemealing the. site" , but "is not quite ready to. take ' any steps which may jeopardize the PUD" . Mr... Peterson said the Planning Commission .had. the same concerns and ..the. first condi- tion they had set for approval.. was. "to maintain .the integrity of the PUD, seeing under this condition, an opportunity for retaining control even if the parcels are treated separately" . Motion by Councilman Marks and seconded by Councilman Sundland to approve the Detailed Plan and the Final Plan by adopting Resolution 80-0 81... RESOLUTION 80-081 �4- A RESOLUTION APPROVING THE DETAILED PLAN;AND FINAL PLAN FOR A PORTION OF THE HEDLUND PLANNED UNIT - DEVELOPMENT UNDER SECTION 13 OF THE, ZONING ORDINANCE OF THE CITY OF ST. ANTHONY �( Voting on the resolution: Aye: Marks , Sundland, Haik and Ranallo. • Nay: Letourneau. Motion carried. • The meeting was recessed from- 8 : 55 P.M. to 9 :00 P.M. when Mr. Peter- son resumed his report on the Planning Commission actions by saying they had recommended denial of the St. Anthony Village Shopping Center, Inc. request that the property at 2550 Kenzie Terrace be rezoned. from the existing R-.1 zoning to "C" its non-conforming usage for the past twenty years. Mr. Soth told Councilman Marks a moratorium on building could only have been declared while the Comprehensive Plan was being developed and "that is completed" . He then read the section in the City Zoning Ordinance under which he believes the existing non-conforming use of the property can be continued if an upholstery shop is permitted there agreeing with Mr. Berg ' s recommendation that this status should be retained rather than rezoning the property. Motion by Councilman Ranallo and seconded by Councilman Marks to follow. the Planning Commission recommendation of denial of the request to rezone the property at 2550 Kenzie Terrace from R-1, single family residential district, to "C" , commercial district, basing the denial on their findings that: (_1) The property is adjacent to residential property and the City of St. Anthony would retain greater control over any commercial usage under its existing non-conforming, but permitted use as. provided for in the City ordinance. (2) The Kenzie Terrace Study will probably. be making recommendations for the property. -6- (:3) A "piece-by-piece" development in that area. is not desirable. . Motion carried unanimously. Peggy Allguire had followed. the Commission's suggestion. that she present a formal plan for remodeling her. home at 3053 Harding Street N.E. when- she- presents her-request to the Council for a four foot front yard setback variance for an entryway. She indicated which of two roof- lines her builder had .suggested she believed would provide the greatest safety in event of fire. The. roof line had been one of the_ concerns, of . the Commission when it had recommended, denial of her request 'because of "lack of documentation to assure -compatible aesthetics of the addition to' the ,existing dwelling" . Motion by Councilman Sundland and seconded by Councilman Ranallo to grant to Peggy Allguire a- .four -foot front yard setback variance to the City Zoning Ordinance for- an entryway to the structure at 30-53 Harding Street N.E. finding- the project, as proposed, will result in energy saving for the owner,, will. not have an injurious effect on the neighborhood and will follow the recent precedents of permitting more living space for. residences. Motion carried unanimously. The Council was in agreement with. the Commission: recommendation that the St—Anthony Village Shopping Center not be allowed to retain signage which is double the size of that permitted by the City's Sign Ordinance for advertising .space for lease in the center. Councilman Marks reminded the Council that when the City had approved the large identification sign for the center the owners had assured that the sign. "would turn the center around" and, instead, the occupancy has gone down since the - sign was put up. He couldn't see where permitting -a .64 square foot sign, where only 32 square feet is allowed, would "make an iota.. of .difference" . It was also noted none of -the fixing-up behind the center, promised for the past weekend, had apparently been started. Motion by Councilman Marks and seconded by 'Co.uncilman Ranallo to deny the request from St. Anthony Village Shopping Center, Inc. to retain the existing 64 square foot "For Lease" sign finding, as did the Planning Commission, that, an adequate size sign can be con- structed to conform to the City Sign Ordinance which will also allow the shopping center adequate exposure. Voting on the motion: Aye: Marks, Ranallo, Haik and Letourneau. Nay: Sundland. Motion carried. Motion by Councilman Sundland and seconded by Councilman Ranallo to grant a sign variance for a two-sided 5 X 6 foot price sign to be located. on the existing freestanding "Standard" sign at Dick' s -7- Standard Station, 3700 Silver Lake Road, contingent upon removal of • all other price signs on the site, finding, as did the Planning Commission, that granting this variance may contribute positively to the aesthetics of that corner by. reducing the. various signage scattered around the station .and. will allow equality in product price signage for the station. Motion. carried unanimously. The shopping center manager had in her..October 28th request reiterated that the structure at 2550 Kenzie Terrace "is. suitable only for commercial use" and asked ..that the non.-conforming usage be continued for that property by permitting the occupancy by Frank' s Upholstery. She detailed the general clean-up and fix-up of the center she plans as well as painting-of the . structure itself. Mr. Soth directed the minutes to show the request could be approved under Section 14 , Subdivision 3 , Page 3 of the City Zoning Ordinance:.which addresses non-conforming uses and the conditions under whichthey may be permitted. The Manager questioned :limiting .the signage for the shop to less than is permitted by ordinance. Motion by Councilman Ranallo . and seconded by Councilman Sundland to approve the legally non-conforming usage of the property at 2550 Kenzie Terrace for an upholstery shop as requested by St. Anthony Village Shopping Center, Inc. under the following conditions : • (1) No parking of trucks or employee vehicles will be permitted in front of the building. . (=2) Fire Safety inspections must be performed to .the satisfaction of the City staff. . =% (3) A.gene.ral .exterior clean-up and maintenance program for the property be ,implemented. (4). Signage for the upholstery shop will be limited to same amount of. space or less, as had previously been used on that building. Motion carried unanimously. Mr. Peterson concluded- his presentation by reporting Mrs. Makowske and Mr. Enrooth had indicated an interest in serving on the Kenzie Terrace Study Committee and that he was willing to serve as an alternate. Accepted as agenda addendum under. #11 , Reports, were Councilman Ranallo's presentation regarding the. City 's biannual ball; considera- tion of the conflict of the next Council meeting with. a holiday and appointments to the P.A.C.A. and the Solid Waste Project Site Selection committees. The Mayor.' s questions regarding the Human Relations Committee will be considered as well . • -8- During the second reading of the. ordinance relating to the sewer rates and charges -the .October 21st letter from R. J. Kleinman, president of the real estate company who manages the Diamond 8 apartments *was- considered. Mr. Kleinman had suggested the City follow in itsordinancethe City of Minneapolis ' practice of charging a five percent penalty for -commercial accounts paid after the due date. However, - Mrs. Johnson.-told the Ccuncil the $2 . 00 penalty required. for late payment is attached to. the water billing and is not addressed in the .sewer ordinance.. Mr.. Fornell added that the five percent surcharge. might be a violation of the state usury laws--and..'. the City- shuts off service, if necessary. Motion by Councilman Ranallo _and seconded by Councilman Letourneau to. approve the second reading- for. Ordinance 1980-0.05. ORDINANCE 1980005 AN ORDINANCE- RELATING TO SEWER RATES AND CHARGES, AMENDING SECTION 5540 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion- by Mayor ;Haik and seconded by Councilman .Sundland to approve the first reading of Ordinance 1980-008. ORDINANCE 1980-008 • AN ORDINANCE RELATING TO THE USE OF BEER AND LIQUORS IN CITY PARKS,. AMENDING SUB- DIVISION 14 OF SECTION 220 ..05 OF THE 1973 CODE OF ORDINANCES Voting on the motion: Aye: Haik, Sundland, Ranallo. and. Letourneau. Nay: Marks. Motion carried. Motion by Councilman .Sundland-.and seconded by Councilman Letourneau to waive further readings and, .adopt Ordinance 1980-009 . ORDINANCE 1980-009 AN ORDINANCE RELATING TO THE BUILDING CODE FOR THE CIT.Y .OF ST. ANTHONY; AMENDING SUBDIVISION 2 OF SECTION 310 .01 OF THE 1973, CODE OF ORDINANCES Motion carried unanimously. • The Manager -explained how the City' s lean budget made. budget transfers as authorized in Resolutions 80-073 , 074 and 076 necessary as documented -g- in his- October 24th memorandum. Department heads had alladdressed the budget transfers within their departments. Motion by Councilman Ranallo. and seconded by Councilman Marks to approve the resolution which authorizes the. budget transfers for the Police Department. RESOLUTION 80-073 A. RESOLUTION =MODIFYING THE 1980 BUDGET Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman- Sundland to approve the resolution which authorizes. the transfer: o.f fundsto cover the inflation of prices for materials for '.1980 for the t,,� Public Works Department. RESOLUTION 80-074 A RESOLUTION MODIFYING THE 1980 BUDGET Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Marks to adopt theresolution modifying the budget to permit General Manage- ment Fund transfers for travel, schooling, subscriptions and ICMA membership- expenses. RESOLUTION 80-076 A RESOLUTION MODIFYING- THE 1980 BUDGET Motion. car•ried unanimously. Sid Johnson, -builder of the Chandler Court townhouses on the corner of 37th Avenue N.E. and Chandler Drive was presentfor the discussion of the. plat approval for the project. Mr. Soth had reviewed the plat and title in his memorandum of October 20 , 1980 and' addressed questions regarding the necessity for easements put, to him by Councilman Sundland. He reiterated that this platting was very unusual for townhouses with separate lots for each structure and no common areas. Motion by Councilman Sundland and seconded by Councilman Ranallo to adopt the- resolution which approves. the platting for the Chandler Addition for Lot 6 , Block 9 , Moundsview Acres Addition, contingent upon the City Staff and the City Attorney being satisfied that all necessary easements have been provided and payment of attorney fees is made by the developer. RESOLUTION 80-075 A .RESOLUTION APPROVING CHANDLER ADDITION is Motion carried unanimously. _ _10- The meeting was recessed from, 9 : 55 to 9 :58 P.M. • Motion by Councilman Ranallo and -seconded by Councilman Letourneau to accept the bid of $6 ,219 and award the contract for repairs and repainting the recently purchased roadgrader to Valley Equipment, Inc. Motion carried unanimously. As an aid to increased employee understanding, Mr. Fornell had recommended in his October...24th memorandum that Carol Johnson and Larry Hamer be appointed to. serve on the committee which will make the necessary changes in job evaluations for the City's non-organized employees. Councilman Sundland suggested Mr.. Kelsey of the Stanton firm might be ' retained to sit down with the staff to -discuss privately with them their specific concerns and suggestions;. Councilman Ranallo believed private interviews with all department- heads might be useful. The Mayor suggested Mr. Kelsey might also aid the Council in their reevaluation of salary, ranges for these same employees. If the consultation fees should. exceed $500 , the Manager was directed to return to the Council with .a. request for additional funds. Motion by Councilman Sundland and seconded by Councilman Ranallo to retain the Stanton firm, at a cost not to. exceed $500, to work out adjustments in job classification and compensation for non-union employees and to. appoint Carol Johnson and Larry Hamer to serve, for job evaluations only, on the Employee Position Evaluation Com- mittee. Motion carried unanimously. It was agreed Council representation on the Community Services Advisory. Committee requested by- the Community Services Director should be on a yearly basis . Motion by Councilman- Marks and seconded by Councilman' Letourneau to appoint Bob Sundland to serve as the Council representative to the Community Services Advisory Committee for a. period of one year. Motion carried unanimously. According to Councilman Ranallo,. the St. Anthony Biannual Ball will be held January 31st in the Apache Plaza Mall. Music will be provided by the St. Anthony High School Jazz Band and the city orchestra. A dinner prior to the ball will be served by Pino' s Palerno Pizza. Councilmembers were invited to attend the next dance committee . meeting November 6th. The following actions were taken in response to the Manager 's October 28th memorandum: Motion by Councilman Sundland and seconded by Councilman Ranallo to reappoint John Hatcher to represent the City on the Community Develop- ment B1ock .Grant P.A.C.A. Committee. Motion carried unanimously. -11- Because November 11th is a holiday, the.meeting: scheduled for that day was cancelled as was. the: November 25th meeting with a regular Council..meeting to be held in the Senior..Citizen' s room in City Hall at 8: 30 .P.M. November 20th. A special Council meeting to approve the liquor. licenses will be held-at 5 :15 P.M. , November 7th. The report on- the Planning Commission'.s October 18th meeting will be deferred until the Council' s December 9th meeting. Motion, by Mayor Haik and seconded by Councilman Sundland to appoint Larry Hamer to serve as ..the City' s representative -to the Solid Waste Project Site Selection Committee -with -the nameof the City resident to serve as an alternative to. be. submitted later. Mr. Soth will research for the May.or'. the question of whether under the. City_ ordinance the Council may sit as the City's Human Relations Committee:- He advised that, under an Attorney General 's Opinion, members. of this committee and the Cable T.V. Advisory Committee may be considered . "officers for the. purpose of indemnification" . Motion by Councilman Sundland. and seconded by Councilman Ranallo to grant a starting. and towing license to Dick' s Standard. Motion carried. unanimously. Motion by Councilman Ranallo and .seconded .by Councilman Sundland to approve payment of all Verified Claims- listed in the October 28 , 1980 .agenda. Motion carried unanimously. Motion by. Councilman- Marks and seconded by Mayor .Haik to approve payment- of. $1,297. 38 to BRW, Inc. for professional- services-during July, August and. September . on. the revisions of the City' s Compre- hensive Plan. Motion carried unanimously. Mr. Soth left the meeting at .10-: 30 P.M. prior to the Manager's presentation relating to the proposals made for the Kenzie Terrace Revitalization/Redevelopment project. The City Manager lead the Council in a review of the consultant' s proposals and possible process. The meeting adjourned at 11:30 P.M. Respectfully submitted, Helen Crowe Secretary G� Mayor ATTEST: City Clerk _ t