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HomeMy WebLinkAboutCC MINUTES 04281981 Meeting Sheet . 100180 IIIIII VIII VIII VIII VIII VIII II II Box: 15 Folder: Document: CC MINUTES 04281981 CITY OF ST. ANTHONY COUNCIL MINUTES April 28 , 1981 The meeting was called to order by Mayor Haik at 7 :33 P.M. Present for roll call : Marks, Sundland, Haik, Ranallo and Letourneau. Also present: Larry Hamer, Acting City Manager; Ron Berg, Administra- tive Assistant; William Soth, City Attorney; Carol Johnson, Clerk/Treasurer and Lee Entner , Fire Chief. Motion by Councilman Sundland and seconded. by Councilman Marks to approve as submitted the minutes for the Council meeting held April 14 , 1981. Motion carried unanimously. Ray Sopcinski presented the actions taken and recommendations made to the Council by the Planning Commission during their April 21st meeting. He reported the Commission's concerns regarding the wording for the proposed ordinance amendment which will permit massage parlors as conditionally permitted uses, as well as their recommendation that the distance restriction be raised for such operations , as- had been - expressed during the public hearing on the ordinance change. Mr. Soth said he could accept the raising of the distance restrictions from 500 feet to . 600 feet to assure this type of business will not be requested for the St. Anthony Shopping Center, since there will will still be a remote site on the Apache property where, although very unlikely, such an operation would be permitted. He saw this action as more prudent than prohibiting these businesses from the City altogether, seeing a challenge of a total prohibition "would probably pose a difficult legal question for the City" . The City Attorney said he views the Jacksonville, Florida case, where the courts upheld that city' s total prohibition of massage parlors , as unique, rather than a precedent-setting case, and cautioned "there are no assurances the Minnesota courts will uphold such a concept" . He concluded by saying, "the fact that no Minnesota municipalities have totally prohibited- these type of businesses , has led me to believe if they could have, they certainly would have done so" . Mr. Soth said. he had no problem with the change in wording but recommended if the massage parlors and saunas are not accepted as conditionally permitted uses , an exception should be made in the ordinance to specifically exclude these .businesses in case they should take the legal position that they are health spas or other services permitted in the ordinance. Mayor Haik said she will have to vote "no" to the ordinance amendment , preferring to continue the existing City staff approach of informing prespective operators that these types of businesses are not permitted under the City zoning ordinance. She believes anyone who applies to operate such a business under a permitted usage classification can be told "the Council and City Attorney have ruled the permitted categories of similar businesses do not include massage parlors" . -2- Motion by Councilman Marks and seconded by Councilman Ranallo to table consideration of Ordinance 1981-0a5, finding that Section 9 , Sub- division 2 , No. 43 of the City. Zoning Ordinance which permits physical culture clubs, spas and health clubs, does not permit what are com- monly known and referred to as massage parlors or saunas . ORDINANCE 19.81-005 AN ORDINANCE RELATING TO LAND USE, PROVIDING. FOR MASSAGE PARLORS AS A . CONDITIONAL PERMITTED USE Motion carried unanimously. - Planning Commission member.; Judy Makowske, complimented the Council on this action, saying she personally "couldn.'t vote for something rotten" at the hearing. Mr.. Sopcinski then reported the Commission•.had , recommended the Christen Addition .platting be approved as proposed but the Hennepin County request for a dedication .of seven feet along Silver Lake Road be denied.. Mr. Berg speculated the County had made the request in anticipation _of .having to widen Silver Lake Road sometime in the future, seeing this as a less expensive method of acquiring land thancondemnation;. but advised the Council the County. has no leverage to force the request. Robert Christen; owner .of one of the parcels in question, was present but .did not speak. Motion by Councilman Sundland and seconded by Mayor. Haik to approve the preliminary platting for the Christen Addition - as presented in the Consulting Engineers, Inc,. Exhibit, Reg. No. 13507 , dated February 23 , 1980 , finding, as did. the Planning Commission, the platting fulfills the 1972 City Council direction .that the properties known- as 3501 and .3505 Silver Lake Road be platted, and further concurs with the Commission that the request from Hennepin County for the dedication .of seven feet of the property along Silver Lake Road should not .be granted because such action would place the property in significant non-conformance with the existing zoning regulations . Motion carried unanimously. . The Council also agreed with the Commission the new signage for the Faith Methodist .Church should be .permitted, as proposed on the site drawings presented by Mr. Berg. Motion by Councilman Sundland and seconded by Councilman Marks to approve the requested variance to. the City Sign Ordinance for a free standing sign which will permit the Faith Methodist to erect the sign proposed in Exhibit A in the- location requested on their property at 2708 33rd Avenue N:E. , finding, as did the Commission, the proposal will actually - reduce the total signage for the church and will bring the signage into closer conformance with .the type of monument type signage .currently being permitted by the City. Motion carried unanimously. The Planning Commission'.representative told the -Council the Commission had agreed- there had not been sufficient information offered to make -3- an informed decision regarding the Danelski request for concept approval for a solar heating addition to .the. residence. at 3301 Croft Drive, and, based on theinformation which had .been provided, with no applicant input, had generally agreed .they would not favor having the addition erected on the Croft side of the property but might be more .favorable .towards a request to build the addition on the south side of the existing residence. Councilman Sundland .said he under- stood Mr. Danelski intends to .present a revised proposal to the Commission at their next meeting,. and suggested the Council table the matter until further recommendations -are made by the Commission, which was agreed to by the rest .of the Council . The Commission had recommended Council approval of the goals , objectives and the land use plan developed by the Kenzie. Terrace Task Force, Mr. Sopcinski said, and, although they had suggested several modifications of the implementation proposals , .expressed their belief that the Task Force had done a- commendable job of looking ahead to the redevelopment .of the .Kenzie Terrace area. Arthur Kuross told the Council the Task Force had .requested he represent them in the presentation of. the land use plan which will be the first- step in the redevelopment program which had . been arrived at with an "absolute consensus of the Task, Force" . He reported the economic analysis of - the existing. St. Anthony Shopping Center had concluded only one-half, or. 150 ,000 square feet, of the existing northern business sector warrants revitalization, adding that several businessmen in that area had .already indicated their intentions of • relocating out of the center within the next .three to five years if business conditions are not improved. There would be 450 , principally owner-occupied, units of housing to be developed for both elderly and non-elderly under the plan with the original proposal for a promotional department store to be developed in the area known as the "Saliterman shopping center" to be abandoned . because, although it might generate more traffic for- the business sector, the Task Force were concerned it might also take - away from the quality type of housing desired for that area. . Councilman Marks said he was amazed how closely the housing proposal dovetailed with the elderly housing proposed for the property north of Kenzie Terrace. Dick Krier of Westwood. Planning and Engineering, confirmed that conversations with HUD officials had assured him that as long as that senior development is kept to about 60 units and there are some Section 8 financed units included, new federal regulations make the senior development entirely taxable under the 202 program. He also demonstrated how a community receives more tax return: from the property. The planner also believed both projects can be financed under the HUD 234 D program which is similar to the FHA program, with a mix of both 202 and 234 D utilized for the proposed use of the Saliterman center. He emphasized the --need for cooperation of the private sector to make the second phase of the program viable and told the -Council he and City staff are scheduled to meet with Mr. Saliterman .to discuss the plan. He agreed with Councilman. Sundland that if Mr.. Saliterman is open to the redevelopment of his- property, the five homes along Lowry may attract the attention of- developers and that sector may be brought into the plan quicker than anticipated. He did not agree with the Councilman' s comparison of the acquisition of this property with the development of Highway 94 in. Minneapolis, saying, "although Minneapolis bought up those homes far in advance of the actual building, they werenever taken off the tax rolls" . The planner then -4- gave possible financing options for stabilizing and enhancing the northern business sector including equity financing through a local development corporation. He answered questions regarding possible legislation dealing with industrial development bonding, saying the only changes he foresees will bethe prevention of these bonds being used for freeway exchanges. Mr. Krier concluded the new legislation. "will actually make it easier to use industrial develop- ment bonds than .it is at present" . Motion by Mayor Haik and seconded by Councilman Marks to accept the goals and objectives as well as-.the land use plan -for the Kenzie Terrace revitalization effort developed by the Task Force. Motion carried unanimously. The Mayor then indicated to the eight Task Force members who were present the Council's appreciation of the time and effort they had put into this study and noted the second, or implementation phase, will be considered at the Task Force next meeting, May 20th. Mr. Sopcinski concluded his report with the comment that he believes "a 35 point rating for St. Anthony in the Metro Council housing per- formance evaluation was pretty good for a community which is 98 percent built* up" . ' Mr. Berg' s report on the April 27th meeting of the Cable T.V. Committee and Councilman Ranallo's. comments on .a noise disturbance • complaint he has received were accepted as agenda addendum. Mr.. Berg said the Monday meeting was. the last opportunity for Cable Committee input before the final draft of the northern suburban agreement is drawn -up and .St. Anthony resident concerns about under= ground installations of TV cables and pornographic programming were presented and minor changes made in the agreement whereby underground cables will be constructed where there are now utility underground cable and where future installations are constructed. A letter from NSP had indicated it would cost approximately $1,000 per lot and would not be feasible to have all underground cable, at this time, for the City. In regard to pornographic or obscene programming, the Administrative Assistant stated that from the history of the cable companies, he does not believe it likely they will propose X-rated films in their proposals. Furthermore, the NSCC has. stated in their draft R.F.P. they do not desire this type of programming. In regard to R-rated. materials, Mr. Berg said the NSCC has requested a duel lock-out be proposed by cable companies , i.e. , one, a lock-out device (key)_ in the home, or two, if the customer so desires , a lock- out from the cable company' s head end whereby all R-rated films would be blocked out to the individual home. In regard to monitoring pornographic materials from local access, local cable advisory groups will be responsible for screening, as best they can, the live local programming and feeling the merits of them far outweigh the unlikely potential of local pornographic programming. Mr. Berg then relayed. the Cable Committee' s request that the City encourage the school district to appoint a representative to serve on the recently formed North Suburban Schools Commission had also requested an opportunity to make a report directly to the Council. Mayor Haik asked staff to schedule their report for the May 12th Council meeting and to notify Council members if the agenda for that meeting is so full a 7 : 00 P.M. start is necessary. , -5- Motion by Councilman. Sundland .and. seconded. by Councilman Marks to waive further readings and adopt Ordinance 1981-007 . • ORDINANCE 1981-007 AN ORDINANCE RELATING TO THE CITY'S FIRE CODE, PROVIDING THAT THE FIRE CHIEF MAY ALSO SERVE AS FIRE MARSHAL, AMENDING SUBDIVISIONS 1 AND '2 OF SECTION 350 :15 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 81-027 . RESOLUTION 81-027 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER- TO EXECUTE THE JOINT POWERS AGREEMENT BETWEEN ST. ANTHONY AND ROSEVILLE FOR STORM SEWER, STREET IMPROVEMENTS AND WATER MAIN CONSTRUCTION Motion carried unanimously. Mr. Hamer said he saw no problems with the engineering agreement with Roseville for these improvements . • Motion by Councilman Marks and .seconded by Councilman Ranallo to approve the engineering agreement with Roseville for the improvements along Anthony Lane North. Motion .carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to adopt Resolution 81-028 indicating the City's willingness to cooperate in the Chemical Abuse Information' s Committee' s chemical awareness program. RESOLUTION 81-028 A RESOLUTION. FOR PARTICIPATION IN CHEMICAL AWARENESS FOR RESPONSIBLE DECISIONS MONTH Motion carried unanimously. As per his April 20th memorandum, Mr. Fornell has negotiated office space leases with current lessees .in the former city hall building after modifications were made by the City Attorney.' Motion by Councilman Ranallo and seconded by Councilman Sundland to adopt Resolution 81-029 . • RESOLUTION 81-029 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE. THE OFFICE SPACE , LEASE,WITH PHIL LaMERE, d/b/a BARBER STYLISTS , FOR RENTAL AT 2800 KENZIE TERRACE -6- motion carried unanimously. Motion by Councilman Marks . and. seconded by Councilman Sundland to adopt. Resolution 81-030. RESOLUTION 81-030 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH RADIX. PRODUCT DEVELOPMENT, INC. FOR RENTAL AT 2800 KENZIE TERRACE Motion carried unanimously. A. policy regarding the use of City right-of-ways for residential gatherings had been developed-by- staff in response to a request for a wedding celebration to be held in .a residential yard which had been withdrawn.. The Mayor said . she was sorry to hear the family had decided to -withdraw their request, foreseeing more and more families will be using .their own properties for family gatherings such as this one. She added that if No. 7 of the rules and regulations established in the policy is modified to prohibit the serving of liquor on the right-of-ways altogether, as recommended- by Councilman Ranallo, persons who applyto have the street closed off will have to be:•made aware that such activities will have to be confined to their own property. Mr-. Hamer suggested closing the street for 10 hours may be .too long and the Council agreed that time- should be changed to 6 hours in #5 of the rules and regulations. Although Councilman • Ranallo expressed .some concern that,: if at least 60 percent of the residents along a street don't sign a petition of agreement, there may be problems. Rule #2 waslet stand as written requiring only a petition signed by 3/5th of the property owners .. Motion by Councilman Marks and seconded by Councilman Ranallo to adopt Resolution 81-031. with No. 5 and 7 of the rules and regulations modified as proposed. RESOLUTION 81-031 A RESOLUTION ESTABLISHING A POLICY FOR THE USE OF CITY. RIGHT-OF-WAY FOR RESIDENT GATHERINGS Motion carried unanimously. Mr. Berg reported he has received .encouragement from both the Metro Council and Hennepin County for his continuing efforts to include Section 8 moderate rehabilitation funds for multi-family dwellings in the CDBG funding program emphasizing though, .this concept has been untested to date. He believes the City will have some qualify- ing residents and recommends adoption of ' the resolution which indicates the City' s desire to work in cooperation with Metro Council and the County towards an implementation of this program' s guidelines. • Motion by Councilman Ranallo. and seconded by Councilman Sundland to adopt Resolution 81-032 . - ` -7- RESOLUTION 81-032 A RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO -APPLY FOR SECTION 8 MODERATE REHABILITATION FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF ST. ANTHONY Motion carried unanimously. Mr. Soth told the . Council the Burlington- Northern Railroad officials had signed the' agreement .with the City for replacement of the bridge over the Burlington Northern railroad tracks without letting the City see it- first and he was concerned .whether they fully understood the agreement would only be put into effect if the City gets the necessary funding for the project. The- Council accepted the addition of .the resolution wording "upon written acknowledgement by the Bur- lington Northern Railroad ..that the agreement shall be effective only upon the City obtaining its requested state and .federal funding for the project" . Motion- by Councilman' Letourneau. and .seconded by Councilman Marks to adopt Resolution 81-033 with. addition of wording recommended by the City Attorney. RESOLUTION '81-033 A RESOLUTION .AUTHORIZING THE MAYOR AND - CITY MANAGER TO. EXECUTE. THE AGREEMENT WITH BURLINGTON NORTHERN RAILROAD, INC. ON • BEHALF OF THE CITY OF ST. ANTHONY Motion carried unanimously. The notice of the preliminary public hearing to be held May 13th by Ramsey County regarding the rebuilding of County .Road D was noted. Motion by Councilman Sundland and seconded by Councilman Marks to authorize .a non-organized .employee insurance contribution of up to $85 per month for health .and .life insurance for 1981, retroactive to January 1, 1981 , as recommended by the City Manager in his April 24, 1981 memorandum. Motion carried unanimously. Consideration was given to the request from Muffie Gabler., Director of Development for the. Greater Minneapolis Metropolitan Housing Corporation. .for further information' to complete the .NE Minneapolis/ St. Anthony. Senior Development Corporation application for fund reservation for. the Kenzie Manor Development. Mr. Berg was advised the project may be funded .without using the City' s $45,000 CDBG allocation,. but .felt the monies could then be spent on related projects. Motion .by .Councilman Ranallo and seconded by Councilman Marks to • direct staff to give the requested statement of the City' s support for the Kenzie Manor Development- and other information requested. by GMHMC. Motion carried. unanimously. -8- The Council considered the. recommendations from .the City Manager and Fire Chief in the following: Motion by. Councilman Marks and seconded by Councilman Sundland to authorize staff to fill the full, time Assistant Fire Chief position, as proposed, at the specified salary .of $23,000/year and to seek 'a Reserve Assistant Fire. Chief, based upon a competitive selection process, at a salary not to exceed $1 ,000/year above normal reserve compensation. Motion carried unanimously.. Tom McMullen and. Dick Enrooth discussed the results of the survey which had been made regarding services and programs provided by the Community Services Department. Mr.. McMullen said he was very pleased with the citizen response, indicating- the .community feels very positively about the quality of- the life in the City and have indicated they believe the school and City government have been responsive to their needs. He said 92 percent of those who responded believe the park system is .adequate and only requires further amenities rather than capital. improvements. He found .the answers to questions of where the community gets most of its information about City activities .very interesting since the school newsletter seems to be the major source. Residents had also indicated a need to have provided more information regarding school and Council decisions and Jim S.chwartz, . a reporter for the St. Anthony Bulletin, was questioned regarding St. Anthony subscribers and promotional efforts by his paper to increase this from 650 . He will report back at a later-meeting. Kathy Knapp, Senior Citizen Coordinator for the Community Services Program, discussed the results of the 1980 survey of District 282 senior citizen residents. She noted that most seniors do not at this time .feel a need for help or assistance from governmental bodies nor personally for additional .services, but want these available because they either believe their. neighbors may need them or they themselves may have need of morecommunity. programs in the near future. Because of this response Mayor Haik felt the Community Services Department .shou-ld be cautious about expanding services to the seniors except perhaps referring their indication .of a need for better. transportation to the Metro Transit Commission and perhaps the development of a .service similar to. a "rent-a-kid" program to help them maintain their homes. Councilman Sundland. thanked .the . Community. Services representative for the surveys, believing they were both well done and provided needed information to .the Council. Councilman Marks reported complaints he and the City have received regarding the refrigeration trucks which run all night on the Walbon property on Old Highway 8. Mr. Fornell had addressed this problem in his March 23 and 26th memorandums. Mr. Berg reported Mr. Walbon seemed receptive to the concept of converting the property to hous- ing under Tax Increment Financing or another redevelopment tool, but Councilman Sundland wondered whether the neighbors might not oppose a townhouse development as well. Mr.. Berg said .it is almost -9- impossible to determine when -the use ,of this property became non- conforming .to'City zoning since he understands- there have been trucks on the site since .the 1940's . As he recommended,. the MPCA will be contacted to monitor the noise and- also to determine whether state noise .pollution .standards. should be enforced through reference or development of a city noise ordinance. The matter will be placed on the next Council agenda for further study. Mr. Soth confirmed the City ordinance does permit liquor to be served in the City parks under stipulated conditions. Motion by Councilman Sundland and seconded by. Mayor Haik to grant a .temporary liquor license for a.. family gathering in Central Park May 10.th to Mrs. D. M. Olson, 3424 Coolidge Street N.E. Voting on the motion: Aye: Sundland, Hai]:, Ranallo and Letourneau. Nay: Marks. Motion carried. Motion by Councilman Sundland .and seconded by Councilman Letourneau to follow the recommendations of the Public -Wroks Director to grant the petition for street lighting at the corner of Rankin Road and 32nd Avenue and .mid-block between Rankin Road and Silver Lake Road. Motion carried unanimously. • Mr. Hamer reported since he and. Chief. Hickerson had recommended the stop sign petition for the intersection. of 32nd and Rankin Road be granted, there had been, over the weekend, another accident at that intersection involving property damage.- Motion by Councilman Sundland and seconded by Councilman Marks to authorize . a two-way stop sign be erected at the intersection of Rankin Road and ay Avenue. N.E. to stop through traffic on Rankin Road. Motion carried unanimously. Reservations for the downtown development seminar will be placed with Carol Johnson .before May lst. Larry Hamer indicated the reports on the April 9th meeting of the Metropolitan Waste Control Commission- and the Solid Waste Master Plan are available at the City Hall. Complaints received from a resident regarding harassment by a noisy driver in the Roosevelt Court and 33rd Avenue N.E. neighborhood were compared by the Counciland staff as well as .the complainant's refusal to sign .a formal .complaint. Mr. Hamer said there have been , two tickets forspeeding already issued to the driver and he was requested to refer the matter. back to the Police Department to patrol the area more closely. _ -10- Motion by Councilman Ranallo and seconded by. Mayor Haik to grant a heating license to .Larson-Mac and an amusement license- to Minneapolis Bowl-O-Mat. Motion carried unanimously. Motion by Councilman .Marks and seconded by Councilman Sundland .to approve payment. of all verified claims. listed in the April 28 , 1981 Council agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded .by Councilman Letourneau to approve payment of $4,,223 to.. the. Dorsey Firm for legal services during January, 1981. Motion carried unanimously. Motion by Councilman Marks -and seconded by Councilman Ranallo to approve payment of $4,700 to the Tabor Construction Company for repair of the Central Park building roof. Motion carried unanimously. Motion .by Councilman Letourneau and seconded by .Councilman Marks to approve payment of $2 ,494.20 to Westwood Planning. and .Engineering for services . related to the Kenzie Terrace study. • Motion carried unanimously. Motion. by Councilman- Marks -and seconded by Councilman Letourneau to adjourn the meeting .at 10 :15 P,M. Motion...carried unanimously. Respectfully submitted, Helen Crowe Secretary Mayor ATTEST: City Clerk •