Loading...
HomeMy WebLinkAboutCC MINUTES 02101981 Meeting Sheet 100165 VI II VIII VIII VIII VIII VIII I II III Box: is Folder: Document: CC MINUTES 02101981 CITY OF ST. ANTHONY COUNCIL MINUTES �. February 10, 1981 The meeting was called to order: -at 7 :32 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; Carol Johnson, Clerk/Treasurer; and Donald Hickerson, Chief of Police. Motion by Councilman Ranallo and seconded by Councilman Sundland to approve as presented the minutes for the Council meeting held January 27 , 1981 . Motion carried unanimously. Judy Makowske reported the actions taken and recommendations made during the Planning Commission held January 20 , 1981, as reflected in the minutes for. that meeting. She informed the Council that the Commission had given conceptual approval to the plans for the W. H. Kelly retail development at the corner of 39th Avenue N.E. and Apache Lane. The site plans for the • proposal were presented by Mr. Berg who advised they meet all zoning requirements as to set backs and parking-, with 61 parking spaces provided to serve the proposed two stores . Motion by Councilman Sundland and seconded by Councilman Marks to give Council approval of the site plans , as presented, for the build- ing to be erected by the Antler Corporation at the northeast corner of 39th Avenue and. Apache Lane. Motion carried unanimously. V. L. .Gottwalt of Gottwalt Products, 2831 Anthony Lane and Mr. Berg answered questions regarding the revised plans for the Hub building which is under construction in. the St. Anthony Office park. The revisions of the plans previously approved by. the Council for the building include an increase in office space from 2 ,000 square feet to 3,000 square feet and a resiting of the parking spaces. In addition to Mr. Gottwalt, whose firm will be the major tenant in the new build- ing, the developer and owner of the building were present but did not speak. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve the revised plans for the Hub office/warehouse building under construction at 2825 Anthony Lane. Motion carried. unanimously. Mrs. Makowske indicated the Commission had begun consideration of the proposed sign ordinance developed for the City by the staff . She gave -2- the findings and .conditions under. which the Commission:.had recommended approval of the. conditional use permit, for the Video Movie Center now in operation in the. Apache. Plaza Mall,-.for which the City ordinance had been. amended to include that use, December 9th. Motion by Councilman Sundland. and seconded. by. Councilman Marks to .. grant a . conditional use permit.- for the Video Movie Center now operat- ing in the northeast section. of Apache Plaza. mall area subject to the operation complying with all state and St. Anthony ordinances in effect or to be put into effect' in the future, finding, as did the Planning Commission, that: (1) The proposed, use is one of the conditional uses specifically permitted .in the district in which it is located. (2)_ The proposed conditional use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property values .or improvements in the vicinity, taking into consideration the relatively isolated location of the video center within the mall area as satisfying these requirements. (.3)- The proposed conditional use is possibly necessary or possibly desirable at the specified location to provide a service or a facility which is. in the interest of public convenience and may contribute to the- general welfare of the neighborhood or community. • Motion carried unanimously. In response to the -Commission 's interest in having a housing and maintenance and fire safety ordinance -developed, Mayor Haik told Mrs . Makowske the .Council will coordinate those efforts with the recom- mendations of ' the Advisory. Committee. to the Health Board when they are submitted. The recommendations of the Chemical Use Information Committee developed at their meeting January 15th were relayed by Evelyn Holthus who serves as coordinator of the chemical use/abuse program for School District 282 . She answered , questions regarding the goals established by the Committee January 20th and agreed Elmwood Lutheran Church should be included in the list of churches in No. IV of those goals. The coordinator told Councilman Ranallo chemical awareness programs are being carried. out in the St. Anthony Middle School and High School and in the Wilshire and. St. Charles elementary schools. Motion by Councilman Marks and seconded by Councilman Sundland to authorize the release of $2 ,500 .in funds previously approved by the Council for the purposes proposed by the Chemical Use Information Committee. Motion carried unanimously. Consideration of. recommendations from the Cable T.V. Advisory Committee was deferred until later in the evening. -3- Recommendations from, the. Advisory Committee to the City Health Board, as reflected in the minutes for their January 12th meeting, were accepted in the following: Motion by Councilman Sundland.- and seconded by Councilman Letourneau to approve the first reading of Ordinance 1981-004 and refer the ordinance to the City Attorney for. -further review. ORDINANCE 1981-004 AN ORDINANCE RELATING TO NUISANCES AND REFUSE CONTROL OFFENSES, AMENDING SECTION 1000 AND REPEALING SECTION 1020 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Accepted as agenda addendum were the scheduling of the workshops related to the salary administration program and the proposed fire- fighters relief association as well as the Council meeting with the Cable T.V. Advisory Committee. Motion by Councilman Sundland and seconded by Councilman Ranallo to grant all licenses listed in the February 10th agenda as well as a heating license for Carlson Store Fixture Co. and a .restaurant license for TOA Vietnamese Restaurant to be opening in .the former Sandy 's building in the .St. Anthony Shopping Center. Motion carried unanimously. • Motion by Councilman Ranallo and seconded by Councilman Marks to approve payment of $1,010 to the League of Minnesota Cities for labor relations subscriber services. Motion- carried unanimously. Motion .by Councilman Letourneau and seconded by Councilman Sundland to approve payment of $1,863 . 26 to Short-Elliott-Hendrickson, Inc. for the engineering study on the reconstruction of Anthony Lane North. Motion carried unanimously. Motion by Councilman .Letourneau .and seconded by Councilman Marks to approve payment of $2 ,302 . 81. to Short-Elliott-Hendrickson, Inc. for investigation of drainage onto Anthony Lane North. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau toverify the winter maintenance agreement with Hennepin County as negotiated by the Public Works Director. Motion carried unanimously. Mayor Haik opened the public hearing on the Anthony Lane improvements at 8: 00 P.M. -4- Mr. Fornell related the history of circumstances under which the potential for flooding of Anthony Lane North- was created when the M-M Corporation-, with the permission of the Rice Creek Watershed District, drained the pond on the property they were developing adjacent to St. Anthony' s boundaries with Roseville. He said concerns raised by Central Engineering prompted the City to retain Short-Elliott- Hendrickson, Inc. to develop a feasibility study of the problems which was then given to both the Roseville and St. Anthony officials . Public hearings on the storm sewer project to correct the drainage problems as well as consideration of the rebuilding Anthony Lane to MSA standards to connect with a Roseville street of the same standards at the same time the roadway is torn up for the storm sewer and the looping of the water lines between Roseville and St.. Anthony were called in St. Anthony and Roseville, with the latter's hearing held January 26th. Roger Short and Dick Moore of the engineering firm indicated, in a slide presentation for about ten property owners along Anthony Lane , the improvements they are recommending for that area and estimated costs of those improvements without consideration of City incurred costs. The Manager,. in his February 10th memorandum,, had estimated the total assessments to properties abutting Anthony :Lane. He told those present the cost of 9 ton roadway of lesser design than that built to MSA standards would be $65 ,719 or $40 .32 per linear foot. If the roadway is built to MSA standards without -Roseville participation, he estimated the cost would be $88 ,814 , or $54 .49 a linear foot, for benefited properties. Without M-M participation , the storm sewer project costs will be $57 ,391, or $5,251 per acre. However, Mr. For- nell reported M-M seems to be willing topay from $11,0.00 to $12 ,000 • of the costs if the City allows them to continue their connection with the St. Anthony sanitary sewer line. The water line improvement recommended by the Public Works. Director will not be assessed but will cost $6 , 244. The recommendations hie had made in his January 7th and February 6th memorandums were reiterated by Mr. Fornell. Those present who spoke included Loren E . Swanson and Al Goetsch of Central Engineering Co. , 2930. Anthony Lane; Jim D. Savaas of the RgE of America Co. , . 2912 Anthony Lane; C. G. Hill of C. G. Hill & Sons , 2917 Anthony Lane and John Minar. Mr. Savaas said his firm is a French-American- subsidiary of the Honey- well Company who lease their present location and plan to retain the plant for research and development and to move their manufacturing of small computers operation. to the M-M building which they have also leased. A connected roadway with his Roseville plant would be a benefit to him and he saw the storm sewer and water line connection as provid- ing more safety for his two operations, in addition to better access to his buildings for emergency vehicles on an upgraded connected roadway. He believed the City "would be ahead building the stronger road surface because it would last longer and therefore give them more for their money" . Mr. Moore told Councilman Ranallo, Roseville had, at their January 26th hearing., approved participation in the storm sewer but had not taken action on either the looping of the water line or building the roadway to connect with' Anthony Lane. He said the only property owners present at the hearing were those who opposed these improvements. One of these , the owner of- the large peculiar shaped parcel to the east of the roadway, plans to use his property for -5- storing trucks and other vehicles and did not see a benefit. to his property from either improvement. Another parcel is under trust ownership. and has a. residence on it at present. When Mr. Short advised Mr. Swanson the ditches in front of Central Engineering cannot be expected to accomodate the 8 CFS of flow through them from Roseville , the firm owner said he has never.. had a problem with flooding since his building was constructed in 196.6 - up until M-M built on the adjoining land and drained the .pond. Any problems which develop now will have resulted from that development. When Mr. Swanson asked what the City can -do about the problem, Mr. Soth explored the legal principles -involved, telling him "if. the runoff from the M-M property is considered-. surface water, the owner has the right to cast the water off his property as long as he does so in a .reasonable manner and St. Anthony can't prohibit the drainage into the City" . He added all litigations of this type are considered on a case by case basis. Councilman Sundland was concerned that if St. Anthony builds a roadway which is designed to accomodate only the existing traffic and Rose- ville connects to that road when they are able, the traffic on the City' s street may be increased beyond the design capacity. Mr. Swanson and Mr. Hill were strongly opposed to making any connection with Roseville if that city does not connect with the St. Anthony roadway now when MSA funds can be used for the improvement. Mr. Fornell did not believe the funding could be obtained retroactively and, if they could, foresaw that inflation would probably eat up any monetary advantages of MSA funding. When Mr. Goetsch questioned the calculations which resulted in the watershed district permitting M-M to drain the • pond, the Manager showed an aerial photograph showing the area now occupied by Central. .as ponded in 1958 which would .seem to indicate the ponds may have been, pushed over on the Roseville property when the engineering firm built there. Mr-. Swanson reiterated that he wanted Anthony Lane left "a pleasant little cul du sac" if Roseville doesn't make their connection now and said "M-M is not to be trusted since they drained that pond without permission" .. He isn't too worried about developing the storm sewer since he built his foundations a foot higher than necessary. He and Mr. Hill did not see "Roseville as being too concerned about St. Anthony" . Mr. Short told Councilman Marks the direction of the flow in the ditches cannot be reversed and digging deeper ditches would probably not be advisable "since they freeze over and won't be functioning when you need them" . He suggested St. Anthony's concerns regarding the improvements, as voiced duringthis hearing, should be clarified for Roseville and this suggestion met with the approval of those present. Motion by Councilman Marks and seconded by Councilman Sundland to continue the public hearing on the Anthony Lane improvements and Resolution 81-015 until the Council meeting scheduled for March 10th and to direct the City Manager and consulting .engineer to. contact Roseville officials to clarify the concerns of St. Anthony property owners regarding. the proposed improvements and to request the staff to research the conditions for obtaining MSA funding for the roadway. RESOLUTION 81-015 A RESOLUTION ORDERING IMPROVEMENT NO. 81-01 ANTHONY LANE NORTH IMPROVEMENTS -6- Motion carried unanimously. _,• The meeting was recessed from 9 :25. to 9 : 35 P.M. when the obscenity and sauna ordinances were given their second readings. Approximately - a dozen residents were present for the consideration of the ordinances. Marge Kocon, 3409 Belden Drive, asked for an explanation of Section 975.20 of Ordinance 81-002 which exempts educational, scientific and research studies of obscenity. When the City Attorney had given her the reasons he saw for this provision, she said she believed that portion of the section should be deleted since it was probably..not applicable to St. Anthony. When Mrs. Kocon inquired how a complaint may be. made under the new ordinance and indicated her interest in filing a complaint against the Little Professor store in Apache, Mr. Soth told her the decisions whether to prosecute have been historically left up to the City Attorney to determine, i.e. , whether a complaint can besuccessfully prosecuted and the gathering of evidence has always been left up to the police. He told Mrs. Makowske all such prosecutions are heard before the Hennepin County court and the fine is left to the court' s discretion. Mr. Fornell noted receipt of a letter from Mr. Berquist of the Little Professor bookstore opposing the ordinance. Mary Ann Kuharski, 2709 Pahl Avenue N.E. , was in favor_:of deleting all wording after "activities" in Section- 975 :20 .and the City policy • strengthened against obscenity .but requested clarification of what comprises sufficient evidence to prosecute a violation of the ordin- ance. Mr. Soth said Section 975 :15, citing required findings is the "heart of the ordinance" since it spells out the constitutional tests under which the ordinance can be. enforced. - He cited the example of the Playboy magazine as one in which the court did not find attempts to get rid of. the publication met those tests. Police Chief Hickerson reiterated the concerns he had expressed in his January 20th memorandum regarding enforcement of the ordinance and problems he foresees with a limited police force trying to follow up on all complaints of violation of the ordinance. Mayor Haik agreed existing budget considerations do not favor the additional police services necessary to support the ordinance. Chief Hickerson also wondered if the sexuality assault classes recently conducted by the Police Department might have been in violation of the ordinance, if the educational exemptions are deleted. Councilman Marks perceived "enormous support for trying to do some- thing to prevent pornographic materials from getting into the hands of young people" and f.avored .the most effective method of attaining that goal. Motion by Councilman Ranallo and seconded by Councilman Sundland to approve the second reading of Ordinance 81-002 deleting from Section 975 : 20 all the wording following the word "activities" in the fifth line. ORDINANCE NO. 81-002 • AN ORDINANCE PROHIBITING_ THE SALE, PROMOTION AND PRODUCTION OF OBSCENE MATERIALS AND PROVIDING .A PENALTY. THEREFOR, AMENDING CHAPTER IX OF THE 1973 CODE OF- ST. ANTHONY ORDINANCES BY ADDING A SECTION. .975_ AND BY REPEALING SUBDIVISION 16 OF SECTION 930 :00 Motion carried unanimously. The Manager suggested a two tiered license feefor sauna parlors, etc. to be licensed under Ordinance 1981-003, with an initial fee. of $500 and $100 charged for renewal of an existing license. When questioned as to how the ordinance had originated, Mayor Haik told those present concerns had been raised about the economic conditions of the west side of the St. Anthony Shopping center and the -fact that a request had come in for an operation which would handle X-rated movies for the center had increased the Council 's concern about what other types of stores might try to locate there. Mr. Soth said ordinances established- after an .operation has requested a license- are historically' not upheld in court and saw the ordinance which is based on one developed for Edina as an opportunity for establishing criteria for this type of operation before they seek permission to operate in the community. He will research the validity of the fees which are sug- gested before the final reading of the ordinance. Mrs. Makowske. said she had recently found out New -Brighton licenses • all businesses in that city. Elie Dubay, 3012 32nd Avenue N.E. , saw "a further deterioration of standards for St. Anthony" mentioning .problems with the Fun Center and a drug related murder in his own neighborhood. He said "crime is booming in St. Anthony" . Councilman Marks told him he believes it' s better to have an ordinance on the books to -provide- some control of this .type of operation. Chief Hickerson agreed, saying although there are ways of avoiding prosecu- tion for violation of the ordinance such as calling an establishment a "rap parlor , he sees more control of these operations through licensing. Mr. Fornell suggested some differentiation. should be made in the ordinance between sauna and "rap" parlors and the legitimate whirlpool and sauna services provided by such establishments as the St. Anthony Health and Sports Club. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the second reading of Ordinance 1981-003 and to request the City Attorney to look at Section No.. 2 to ascertain how a distinction can be made between sauna and '-massage parlors and the sauna room in the St. Anthony Health and Sports Club. ORDINANCE NO. 1981-003 AN ORDINANCE RELATING TO LICENSING AND REGULATION • OF SAUNA PARLORS, MASSAGE PARLORS , PHYSICAL CULTURE AND HEALTH SERVICES AND CLUB, MASSEURS AND MASSEUSES; AMENDING CHAPTER IV OF THE 1973 CODE OF ST., ANTHONY ORDINANCES BY ADDING A SECTION 450 . -8- Motion carried unanimously. Motion by Councilman Ranallo and seconded-by Councilman Letourneau to accept the bid and award the contract .for maintenance and repair of Well #5 to Layne Minnesota-as per the recommendations of Larry Hamer. Motion carried unanimously. The .December Police Department report was ordered filed as informational. Workshops for the salary. administration program and firefighters relief association ._were scheduled for. 8 :30 A.M. , Saturday, March 7th, and the meeting with the Cable T.V. .Advisory Committee will be held at 5 :30 P.M. , preceding the Council meeting March 10th. The Council agreed with Mr. Fornell that Rod Kelsey should be asked to attend the salary administration workshop and that the Manager will develop further information regarding the association .request which may aid them in deciding whether an actuary should be considered later. Motion by Councilman Marks and seconded -by Councilman Ranallo to adjourn the meeting at 10 :25 P.M. Motion carried unanimously. • Respectfully submitted, Helen Crowe Secretary Mayor ATTEST: _ City C-ierk •