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HomeMy WebLinkAboutCC MINUTES 12231980 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102090 Box: 21 Folder-. CC MINUTES AND AGENDAS 1980 Document: CC MINUTES 12231980 P, CITY OF ST. ANTHONY COUNCIL MINUTES December 23 , 1980 The meeting was called to order by Mayor. Haik at 7 :30 P.M. Present for roll call: Letourneau, Ranallo, Haik and Marks. Absent: Sundland. Also present: Jim Fornell, City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; Carol Johnson, Clerk/Treasurer; and Don Hickerson, Police Chief. The following corrections were made .to the Council minutes for December 9,, 1980 : Page 3, para. 2 : Strike "often" from "He said he 'often ' rides. . " in line #4 . para- 5 : Substitute "primarily" for "purely" in line #5. Page 6 , para. 1 : Strike "larger" in "become a 'larger' portion. . . " in line #4 . • para. 4 : Substitute "will investigate it. " for "we' ll close him down. " in line #5. Motion by Councilman Ranallo and seconded by Councilman Marks to approve as corrected the minutes for the Council meeting held Dece- mber 9 , 1980. Motion carried unanimously. Brad Bjorklund, Chairmanof the Planning Commission, presented actions taken and recommendations made as reflected in the minutes for the Commission meeting held December 16, 1980 . He reiterated the justifications found by the Commission for recommending approval of the 41 square feet variance to the City Sign Ordinance which will permit the Furniture Barn 176 square feet of signage to identify their store in the Apache Plaza mall. Mr. Berg confirmed that, if the 35,000 square foot store had an outside frontage, 270 square feet of signage would be allowed under the sign ordinance. He also reported Mr. Cavanaugh of the C. G. Rein Co. had indicated to him that the proposed sign would be acceptable to the Apache management and would leave ample room on the east side of the building for identifying the other stores being developed in the area formerly tenanted by Montgomery Ward. The Administrative Assistant pointed out there are several other non-conforming signs on the center which were grand- fathered in with the new sign ordinance. Councilman Letourneau- was concerned the other eight or nine stores being built at Apache might request sign variances proportional to -2- their area sizes but Mayor. .Haik. told. him she believes the variance is justified because it represents "only half .the signage they could have had if they had frontage",. She requested staff to research the minutes for the meeting -where the City had agreed to cooperate in securing revenue bonds for the renovation of Apache to ascertain whether one of the conditions of the. bonding agreement had not been the development of a specific s-ign..policy for the center. Motion by Councilman Ranallo. and. seconded by Councilman Marks to follow the recommendations of the. Planning Commission and grant to Furniture Barn, Inc. a 41 square foot variance to the City Sign Ordinance for the 176 square foot sign they propose to erect on the east side of the Apache Plaza mall with the same findings as specified in the Commission' s recommendation of approval. Motion carried unanimously. Motion by Mayor. Haik and seconded by Councilman Letourneau to follow the Planning Commission recommendation that the sign variance granted to Slumberland be extended. for one year to December 31, 1981 , taking into consideration the activities of the St. Anthony Shopping Center the past year. Motion carried unanimously. The Mayor thanked the Commission Chairman for referring the report on the Planning and Zoning Institute Conference made by Mr. Peterson, • saying she had found it most -helpful. She also extended the Council 's appreciation for the Commission's expression of the season' s greetings to them. John Forsberg, 3513 Belden Drive, representing the Watson Forsberg, firm was present for the Council consideration of the firm's request for a permit to construct a combination warehouse/office facility at 28.25 Anthony Lane in the St. Anthony Office Park for which a six foot frontyard setback variance to the City Zoning Ordinance will be required. He indicated agreement with the conditions for approval set by the Commission. Mr. Berg said, he had ascertained that Ramsey County had no problem with the proposal as presented and pointed out the siting of the building is unique. since it will be bordered by three streets , each requiring a 40. foot setback. City staff had approved the landscaping and signage plans for the "Hub" building especially since they provided more greenery than asphalt, and the Commission' s major concern, according to Mr. Berg, was that a uniform setback with .the 49 er"s building be maintained along County Road C. Motion by Councilman Ranallo and seconded by Councilman Letourneau to grant a six foot front yard setback variance for .the Hub build- ing to be constructed as proposed .on Lot 1, Block 1, in the St. Anthony Office Park, accepting the conditions and findings stated by the Planning Commission in their recommendation of approval . Motion carried unanimously. • -3- As reported in the Commission;. mnutes , Mr. Bjorklund will continue chairing the Commission during 1981 and he recommended the Council • appoint the same membership for. the Commission since- all members have indicated .a .willingness: to. serve next year. He distributed copies of his 1980 Year-End Report on the Commission's activities and recommendations for .action during 1981 and concluded his presentation. with the request that .the City Attorney be directed to attend the next Commission meeting to give legal. direction regarding video tape permits. . Accepted as agenda addendum were Councilman Marks' report on the Zoning and Planning Conference -under 9a and the Public Works Dir- ector' s report on the recycling center under 9b. Motion by Councilman Marks and, seconded by Councilman Ranallo to adopt the resolution which revises the agreement with Hennepin County for radio communications.. equipment to extend the City's cancellation .privilege period from.- 9.0 days to the end of any three year term, considering the expenses incurred by the County for developing the site. RESOLUTION 80-094 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE REVISED. AGREEMENT (.No. 01217) WITH HENNEPIN COUNTY FOR RADIO COMMUNICATIONS EQUIPMENT • Motion carried unanimously. Before voting on the motion to continue the contract with MAPSI , Councilman Letourneau suggested residents should again be alerted as to the ordinances governing the control of animals in the City. Motion by Mayor Haik and seconded. by Councilman Ranallo to adopt Resolution 80-095 subject to modifications in the contract with MAPSI specified in the City Attorney's December 22 , 1980 letter to Larry Hamer. RESOLUTION 80-095 A RESOLUTION AUTHORIZING. THE. MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH MAPSI FOR ANIMAL CONTROL SERVICES Motion carried. unanimously. Motion by Councilman Marks and seconded. by Councilman Ranallo to adopt the resolution which modifies the 1980 budget to reflect the year-end. budget transfers outlined in Carol Johnson 's December 19 , 1980 memorandum. RESOLUTION 80-096 A RESOLUTION MODIFYING THE 1980 BUDGET Motion carried unanimously. -4- In his December 17th memorandum, Mr.. Fornell had given the results • of the research requested by the Council concerning the possibility of declaring a tax increment financing district for the Kenzie Terrace area and specified the conditions under which he recommended supporting the 'Senior Housing Development Company's application. Archie Fjeld, of the senior corporation, had agreed this suggested course of action was reasonable. Further discussion of the matter was deferred to give Mary Gabler of GMMHC an opportunity to read the memorandum. She later told the Council she concurred with the recommendations of the Manager.. The Council took no action. Councilman Marks gave a supplementary report to Mr. Peterson's on the Planning and- Zoning Conference, . December 12th, in which he had participated, urging the rest of the Council to attend the next seminar where valuable insights might be gained regarding the impact on land use to be expected from the high mortgage and ,interest rates . Motion by Mayor Haik and seconded by Councilman Ranallo to follow the recommendations of Larry Hamer and accept the proposal from the Center of Community Action for hauling recyclables subject to their filing a certificate of insurance with the City. Motion carried unanimously. The Manager had scheduled a discussion of some of the concerns raised recently regarding the operation of the Fun Center in the St. Anthony Shopping Center and in his December 17th memorandum he addressed • some of the complaints about the operation as well as the legal ramifications of revoking or refusing to renew the center ' s license. The Mayor. emphasized to about a dozen persons present that "this is a discussion and not a hearing, to which all interested parties have been invited" . Ross Craig, 3012 Silver Lake Road, told how 'his son had his bike stolen from the racks between the library and -the Fun Center and repeated the contention by his . son, who was present, that "two boys came out of the Fun Center and suggested that if the boy would steal two other bikes they would get his back for him" . Mr. Craig related the delay in response by the City Police to his wife' s reporting- the theft and indicated he believed the police had little interest in identifying the two boys even though his son had seen the two in the same area several times since. He felt the Fun Center was one of the least desirable businesses in the shopping center, attracting the wrong element to that area. He told of the large group of youths who were fighting behind the center,- early in December and said_the confrontation had required police response from both St. Anthony and Minneapolis. On two occasions when he had gone to the Fun Center to talk to the owner, - he had found "only children under fifteen in charge" , he said.. He believed the Fun Center was opposed by thebusinessmen of the area who suspected "a theft ring operates from it" . According to Mr. Craig "there are plenty of opportunities for youth to socialize through the schools and churches" and he • "doesn't personally believe it is in the interest of the community to allow the center to continue" . However, he recommends "if the City can' t close it down, a uniformed officer should be required to be on duty during the time the facility is open" . -5- On December 17th, the Manager.; had sent Mr. Craig copies of the police logs which indicated theactual fight. had never. materialized because • the youths involved had been dispersed by the police before the altercation became physical.. Mr. Fornell urged...Mr. Craig to work with the police investigator and employees of -the Fun Center to develop some leads towards apprehending the bicycle theives. Harley Turner, Jr. , 3500 36th Avenue N.E. , identified himself as 28 years old and a Young Life. counselor who has worked in the City for five years . He "spends. a lot of time day andnight in the Fun Center and sees the center as playing a valuable role- by providing a wholesome atmosphere for recreation .for the youth .of the community" . Mr. Turner said Mr. Fey, the proprietor, had often cooperated in his counseling of young drug and alcohol abusers and doesn't allow the use of either chemical in his establishment. . He said Mr. Fey is a good manager who handles his teenage clinetele well, demanding his rules and regulations _be followed. by all who frequent the center. The Young Life counselor says he and other young adults are more comfortable playing pool, fooz ball , etc. at the Fun Center than they are in bars and pool halls. Chief Hickerson told the Council the Fun Center had been most co- operative with the police, often alerting them before the problems get out of hand. He said Mr. Fey had apprehended a person with a controlled substance in his establishment and signed the complaint for his arrest. • Mr. Soth. specified the legal requirements for terminating a City license and told the Council it is incumbent upon them. to set forth the reasons for not renewing the. existing license for the Fun Center. He confirmed this is strictly an. issue of licensing and not of land use and if the Zoning Ordinance should be modified to include this particular use under a conditional .permit, the Fun Center ' s license would have been grandfathered in prior to the ordinance change,:._ However, he said it is the Council ' s prerogative to set new conditions for the license renewal in March. The Attorney. told Mayor Haik even if a security person is required for the Fun Center, he will not be authorized to handle problems which arise outside the center. Al Plaistad, President of the St. Anthony Shopping Center Merchants Association, reacted to comments about the businessmen' s concerns about the center by telling those present that, though at first the merchants had been skeptical about the Fun Center, he "can honestly say he hasn't had a more serious com- plaint about the operation than from the film shop next door re- garding the noise which was remedied by Mr. Fey" . He said his own children are among the 13 or 14 workers at his Dairy Queen who frequent the Fun Center and. they haven 't reported any problems they have witnessed at the center. Gary Fey introduced his wife, Sandra Fey, and his mother, Marian Nagel, who he insisted provide constant supervision of the center whenever it is open. He said when an adult gores for a short lunch break, usually when the center is almost empty, he has two • "responsible 15 year olds left in charge who are quick to alert him if trouble is brewing" . He pointed out the boys sitting in the back -6- of the room. He said the Fun Center is intended to� be a spot for kids to congregate and believed it was better to have a well super- vised location than some of the other hangouts around the City such as Central Park or the mini park a couple of blocks away.. The "argument" behind his store on. December was the "annual confrontation of the Edison and St. Anthony High School students to prove who 's the toughest" .;according to Mr. Fey, and "they found out I was the toughest" . The same youths are back in the center playing the games together "until next year when they'll repeat the incident somewhere again" . Having a uniformed officer on duty in the center "gave the place a bad name and drew an unsavory group of youths from Central Avenue who figured there must be problems if a policeman was necessary, according to Mr. Fey, who said since the officer is gone the "place has settled down to the usual quiet lull" . The center owner said he is very conscientious about cleaning up trash which might have been generated by his customers even to the point where he cleans up behind the meat market across Kenzie Terrace. He believes he has kept his agreement to, run an orderly establish- ment, Mr. Fey insisted. Councilman Marks believed Mr. Fey might be the victim of the Public ' s preconceived ideas about fun centers. in. general and the undesirable activities they are alleged to invite. He guessed the bicycle incident could have happened at any other location in the City which drew agreement from Councilman Ranallo who said he' s had bicycles stolen right out of his own garage and didn't believe there had been any viable reason. for denying Mr. Fey 's license resulting from • the discussion. Mr. Craig responded by saying he perceived the Council had made up its mind about the license but nothing that had been said had changed his mind and said "only time will tell whether my concerns are justified" . He thought there might be too close an association between the center owner and the City police and .denied his family had refused to discuss the theft because of fear of reprisals, saying he had told the investigator he was willing to cooperate in the investigation of the theft. He contended the businessmen might be "afraid of the police" and said he "had been told he would be used if he pursued his allegations" . However, when pressed by the Mayor to identify the source of this statement, conceded the threat had not come from an official source. Mayor Haik thanked Mr. Craig for bringing this matter to the attention of the Council and assured him the matter will be thoroughly investigated to resolve his complaint. However, she reiterated that the City will need documented evidence before any legal action can be taken against the center-and said she believed none had been furnished to date. Councilman Ranallo told Mr . Craig the Council has never received any but complimentary reports from the businessmen about the City Police Department. Mr. Forne-ll said the Police Chief had gotten the impression the Craig family was afraid of reprisals and the Mayor told the Council she felt the City residents need to be more fully informed as to how their calls for police action are handled through a central communication center and not directly through the City offices. -7- Motion by Councilman Ranallo.. and seconded. by.Mayor- Haik to approve • all verified claims listed in the December- 23 , 1980 agenda. Motion carried unanimously. Motion by Councilman Ranallo. and.. seconded by Councilman Letourneau to adjourn the meeting at 8:50 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe Secretary Mayor ATTEST City Clerk