Loading...
HomeMy WebLinkAboutCC MINUTES 05261981 Meeting Sheet 100184 III VIII VIII VIII VIII VIIIIII IIII Box: 35 Folder: Document: CC MINUTES 05261981 \ 1'_ CITY OF ST. ANTHONY COUNCIL MINUTES May 26 , 1981 The meeting .was called to order by Mayor Pro Tem Sundland at 7 :30 P.M. Present for roll call: Letourneau, Ranallo, Sundland and Marks . Absent: Haik. Also present: Larry Hamer, Acting City Manager; Ron Berg, Adminis- trative Assistant; William Soth, City Attorney; and Carol Johnson, Clerk/Treasurer. Motion by Councilman Marks and seconded by Councilman Ranallo to approve as submitted the minutes for the Council meeting held May 12 , 1981. Motion carried unanimously. The minutes for the April 23rd meeting of the Chemical Abuse Information Committee were accepted as informational. Brad Bjorklund, Chairman of the Planning Commission, presented actions taken and recommendations made by the Commission during their May 19 , 1981 meeting, as reflected in the minutes for that meeting. He said the question had been raised regarding possible revocation of the Hedlund PUD now that the Commission has recommended Council approval of the preliminary plat for the 25 unit townhome development proposed to be constructed by Sid Johnson of NuWay Builders on the property between 3909 and 4017 Silver Lake Road under an .R-3 , multiple dwelling residence zoning. The Mayor Pro Tem said he believed such an action at this point would probably be premature, but revocation might be feasible after the final plat is approved and another use of that property made impossible. Mr. Bjorklund complimented Mr. Berg on the data he had furnished the Commission which he perceived addressed all concerns of the Com- mission regarding the proposal, . including access and egress for the townhomes as well as actual ownership of the property. He said the Commission agreed with the City Attorney that a "firm option" must be demonstrated by the developer before the final plat is approved. Mr. Johnson responded that he had a "purchase, agreement" with Mr. Hedlund, which is contingent upon Council approval , and Mr. Hedlund has agreed to provide the City with a letter of approval of the project as well as other necessary documentation. Mr. and Mrs. Chester Nelson, 3916 Macalaster Drive , were the only adjoining property owners present and they declined to speak. The Mayor Pro Tem said he agreed with the .Commission that trash disposal should be the responsibility of individual townhome owners . Motion by Councilman Ranallo and seconded by Councilman Letourneau to follow Planning Commission recommendations that the preliminary A' -2- plat for the site presently identified as Lot 12., Block 1, Penrod Addition, be approved for the .development of the St. Anthony Court, a 25 unit townhome project, proposed to .be constructed -by Sid Johnson as per drainage and grading drawings -.signed by Keith Nelson, registered professional- engineer, dated May 1, 1981 , and site and elevation plans signed .by .Gary MacKenzie, architect, dated May 19 , 1981, finding, as did the P.lanning . Commission, no variances to the City Zoning Ordinance will be necessary and all zoning requirements for an R-3 , multiple dwelling district, zoning have been satisfied in the. proposal. The approval is contingent upon final approval of the drainage plans by the Rice Creek Watershed District and compliance with all applicable City and State codes and ordinances , and, further, although not required .with the preliminary plat, demonstration of a "firm option" ..will. be required of Mr. Johnson before final platting is approved. The Council also concurs with the Commission' s recommendation that an additional .road easement along Silver Lake Road not be .granted to Ramsey County. Motion carried unanimously. The Planning. Commission representative then reported the Commission had tabled, with no recommendation to the Council, the application from James Danelski for a 15 foot side yard setback variance to the zoning requirements that sideyards adjacent to streets measure not less than 30. feet because the Commission perceived the request for a 15 foot addition to Mr. Danelski 's existing home at 3301 Croft Drive, which will utilize a passive solar heating concept, will result in a variance far exceeding any other historically granted in the City and will involve a concept which can be expected to be brought before the City often in the future. Councilman Ranallo said, considering the .extent of the variances granted for property along Silver Lane, "the City might have a- rough time proving no other variances , percentage-wise, have. been allowed in the past" . Mr. Bjorklund . disagreed, indicating thatalthough the ` discussions were not reported in the minutes , the variances granted along Silver Lane were not considered to parallel this request since the Silver Lane property was considered unique because of lot size, topography, home concentration in the area and the fact that the variance was requested for lake property. The . Danelski request involves a fifty percent variance to the ordinance requirements where the greatest variance previously granted had been for only thirty percent, Mr. Bjorklund added. . He said traffic safety had also been a factor in the decision and staff had been requested to research how other municipalities are handling variances to their ordinances for solar additions. Since Mr. Danelski had offered to return to the Commission .with engineering data -to support his proposal , and the Commission had not wanted to "prejudice against .him" , the Com- mission Chairman said the application had been tabled and will be reactivated' at a future Commission meeting when questions raised by the Commission .have been answered to the commission' s satisfaction. Mr. Danelski . told the Council he believes siting the addition where he proposes should pose no problem for his neighbors since the closest home is approximately 125 feet distant from- his home. He said he has staked out the addition so his neighbors can see. just what he is planning and to date has received no objections , but rather, four of his closest neighbors have signed a petition saying they have no objections to the variance. -3- Councilman Letourneau sees this as "a unique case'! and the Mayor Pro Tem said he hopes the requested research will resolve . the • Commission' s, concerns so the City can respond to Mr. Danelski ' s application soon, since he wants to "encourage this type of alterna- tive energy source" . However, he agreed some guidelines for this new concept must be established before a precedent• is -set. : The Commission' s concerns regarding the signage for the barber- beauty shop .at 3909 Silver Lake Road .were reported next with the Chairman saying staff had been requested to research whether the PUD provisions for that signage may be affected by the Johnson project being developed under an R-3 zoning. He also reported the Commission had perceived their concerns re- garding the commercial development along Stinson Boulevard and the possibility of 37th Avenue being .upgraded had not .been satisfactorily addressed in the Columbia Heights ' Comprehensive Plan and requested Council approval not be given to the Plan until the Commission has acted on the further information regarding these points they have requested from staff. In reference to his comments in the Commission minutes regarding the failure. of the proposed massage parlor ordinance to pass, Councilman Marks told Mr. Bjorklund the fact that the ordinance was not approved at this time was not a reflection onthe excellent efforts of the Commission but rather, a matter. of strategy on the part of the Council. He added one of the factors in the ordinance • passage being deferred was the fact that Council members had been counseled by other municipalities .not .to approve this ordinance since it might give a certain amount- of credibility- to undesirable activities associated with these facilities . Mr. Bjorklund said he hopes the Council would act first on the proposed noise ordinance rather than .have the Commission devote too much time .on an ordinance which might prove to be unenforceable. Mr. Hamer had given the reasons he had for recommending the establish- ment of a minimum height for swimming pool fences in. his May lst memorandum and he told the Council the existing fences will be grandfathered into the ordinance , but compliance with the new regu- lations would be necessary for any modifications in those facilities in the .future. The City Attorney had no problem with the ordinance amendment as written. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the first reading of Ordinance 1981-008. ORDINANCE 1981-008 AN ORDINANCE RELATING TO SAFETY REQUIREMENTS . FOR SWIMMING POOLS; AMENDING SECTION 335 :15 (a) OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Marks to adopt .Resolution 81-034. -4- RESOLUTION 81-034 A RESOLUTION ADOPTING AN, ADMINISTRATIV.E • POLICY FOR THE COMMUNITY BULLETIN BOARD Motion carried unanimously. A survey taken by City staff had indicated a meed for three more fire hydrants to provide. a workable system for. fire service in the City, and Mr. Hamer had, .in his April 27th memorandum, recommended the $2 ,100 cost of the two hydrants on Silver Lane be funded from .the Water Reserve Fund and hydrant installation costs for the Johnson development on Silver Lake Road to be negotiated with the developer. Motion by Councilman Ranallo and seconded by Councilman Letourneau to adopt Resolution 81-037.. RESOLUTION 81-037 A RESOLUTION PROVIDING FOR ACCOUNTING TRANSFER TO PROVIDE ADDITIONAL FIRE HYDRANTS Motion carried unanimously. Opposition from residents of Edgemere Avenue to the proposed sidewalk installation on the south side of County Road D, .when it is rebuilt, was reported by Mr. .Hamer. when he recommended this improvement not • be approved in his May 15th memorandum with which he had attached a copy of the petition against the improvement signed by 13 Edgemere property owners. One of these,. Robert Sawamura, 3301 Edgemere, - reiterated the property owners ' objections to the proposal , saying he believes no benefit to the residents will result since most pedestrian traffic is on the north side of the roadway and a side- walk on the south side would "needlessly wipe out backyards and I trees" of his neighbors and create a 3 and Z foot drop-off for his J driveway which he would have to cut back to the extent his backyard would become "all driveway" . Two resolutions had..been submitted so the sidewalks on each side could be addressed separately and Mr. Soth said it was not necessary to have formal action from the Council to void 8.1-035, since a modification in language for 81-036 would indicate the City desires sidewalks only on the north side of 37th Avenue N.E. (County Road D) when it is rebuilt. Motion by Councilman Sundland and seconded ,by Councilman Letourneau to adopt Resolution 8.1-036 with the addition of the word "only" at the end of Paragraph No. 5. RESOLUTION 81-036 A RESOLUTION REQUESTING HENNEPIN .COUNTY TO GRANT ELIMINATION OF SIDEWALK CONSTRUCTION ON THE SOUTH SIDE OF COUNTY ROAD "D" Motion carried unanimously. • Motion by Councilman Ranallo and seconded by Councilman Letourneau to establish the position of Reserve Assistant Fire Chief recommended by City Fire Chief. Motion carried unanimously. -5- The Council considered the agreement which had been drawn up between the City and two property owners on Anthony Lane whereby a cul de sac • proposed for Anthony Lane will be located 75 feet west, with the area east of the cul de sac sodded by the City and maintained by the two firms . C.G. Hill of C. G. Hill and Sons , 2917 Anthony Lane, and Loren Swanson and Al Goetsch of Central Engineering, Inc . , 2930 Anthony Lane, were present and indicated their agreement that the sodded area will not be vacated; maintenance costs for the site can be assessed against them if the area is not maintained in accordance with the agreement; and the City has the option of planting trees or opening up the site for a road at any time. Motion by Councilman Letourneau and seconded by Councilman Ranallo to adopt the resolution which approves the plans for the recon- struction of Anthony Lane. RESOLUTION 81-038 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND TO ADVERTISE FOR BIDS FOR ANTHONY LANE NORTH PROJECT Motion carried unanimously. Ken Kaufmann and Mike Ruddy of Alexander and Alexander, the high bidder for the City' s insurance coverage , appeared to request their firm be designated agent as they believed would be possible under the brochure which had been submitted with the League of Minnesota Cities ' bid which had been accepted as low bid by the City. Mr. Soth was not certain there might not be legal problems if the City were not to use the Nordstrom agency, who are administrators for the League ' s coverage, and recommended the procedures to be followed in approving the use of Alexander and Alexander as agent and as carrier for the umbrella and public official liability coverage. Motion by Councilman Ranallo and seconded by Councilman Sundland to appoint Alexander and Alexander as local agent for the City' s insurance package and to accept the League of Minnesota Cities ' bid to provide the Workmen' s Compensation, property, auto, general liability, and liquor liability but to accept Alexander and Alexander' s provision of umbrella liability coverage for $2 , 000 , 000 for $6 ,900 , and public official liability for $1 ,489 , directing staff to notify the Nordstrom Agency o this action to see if that firm has any pro- blems with the City using Alexander and Alexander as their agent , as per the Nordstrom brochure , or with splitting the bids . Motion carried unanimously. The work shop with the Liquor Store Manager requested by the Acting City Manager was scheduled to be held at 6 : 30 P .M. , prior to the regular Council meeting, June 9th. The Kenzie Terrace Task Force report had been proposed for June 9th presentation, but Mr. Soth said he would be out of town on that date and the Mayor had indicated to him that she preferred having the discussion of forming an HRA delayed until the June 23rd meeting. The City Attorney suggested he provide Council members with general background information regarding the establishment of an HRA prior to the June 23rd meeting so they will be able to schedule a public -6- hearing at that meeting, if they wish. He then advised the Council "it is possible for the City to have a tax increment district without an HRA" . The April Police Department report was accepted as informational and the. 1981 branch chipping .program was discussed with Mr. Hamer who had recommended, because of problems experienced this year with the type of materials people left .out to be chipped, more explicit in- structions be given through the City Newsletter. It was agreed it might be advisable for. this information to be directed at the resi- dents through the Newsletter, which goes out in January, and re- emphasized in the April Newsletter. Considering there have already been around .10.0 applications sub- mitted for the City Manager_.position, Councilman Ranallo suggested ways in which he believed they might be expedited for Council consideration. Motion by Councilman Ranallo and seconded by Councilman Marks to grant a rubbish hauling license to LeRoy A. Johnson, Jr. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to table action on the request from John A. Coleman for a temporary beer license for an activity in Emerald Park June 14th until more information regarding what type of activity is involved is submitted. • Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Marks to grant a heating and air conditioning .license to Air Refrigeration Sales and Services. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve payment of all verified claims listed in the May 26 , 1981 agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Ranallo to approve payment of $3,281.15 to the -Dorsey Law Firm for legal services during March, 1981. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Sundland to approve payment .of $12 ,764 . 50 to Short-Elliott-Hendrickson, Inc. for engineering services on the St. Anthony Boulevard bridge replace- ment. Motion. carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to adjourn the meeting at 9 : 35 P.M. Motion carried unanimously. -7- Respectfully submitted , Helen Crowe Secretary Mayor-, ATTEST: _ 0�- City Clerk • 133 CITY OF ST. ANTHONY BOARD OF REVIEW May 26 ,. 1981 The Board of Review before the City Council was opened by the- Mayor Pro Tem, Robert Sundland,. at 6 :30 P.M. Present for roll call:. Marks, Sundland, Ranallo and Letourneau. Absent: Haik. Also present: Larry. Hamer, Acting City Manager; Ron Berg, Administrative Assistant and Richard Becken of the Hennepin. County Assessors Office. Mr. Becken distributed a report on representative property.. sales in St. Anthony during 1981 as well as a copy of the tax rolls. No resident appeared to discuss property valuations. Motion by Councilman Marks and - seconded by Councilman Letourneau .to adjourn the Board of Review at 6 :50 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe Secretary Mayor ATTEST: City Clerk