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HomeMy WebLinkAboutCC MINUTES 06231981 meeaoe sneer 11115 VIII 11111 VIII VIII VIII 11511111 100190 Box: ss Folder: Document: CC MINUTE506231981 h CITY OF ST. ANTHONY COUNCIL MINUTES June 23 , 1981 The meeting was called to order by Mayor Haik at 7 :37 P.M. Present for roll call: Marks , Haik and Letourneau. Absent: Sundland and Ranallo. Also present: Larry Hamer, Acting City Manager; Ron Berg, Administra- tive Assistant; William Soth, City Attorney; and Carol Johnson, Clerk/Treasurer. The minutes of the June 9th regular Council meeting were amended to clarify in Paragraph 2 , Page 4 , that the June 11th workshop had been scheduled to begin at 6 :30 P.M. and interviews conducted at 7 : 00 P.M. Motion by Councilman Marks and seconded by Councilman Letourneau to approve as amended the minutes of the regular Council meeting held June 9 , 1981, and the minutes as submitted for the workshop conducted prior to the June 9th meeting. Motion carried unanimously. The minutes of the May 20th meeting of the Kenzie Terrace Task Force were accepted as informational with the Task Force recommendations deferred until consideration of an HRA for the City, later in the evening. Iry Peterson reported on actions taken and recommendations to the Council made by the Planning . Commission during their June 16th meet- ing. He said a major portion of the evening had been devoted to the continuation of the public hearing on the Danelski variance request for an addition to the home at 330.1 Croft Drive which will utilize a passive solar concept. Mr. Berg reiterated his own and some of the Commission members' concerns regarding establishment of a precedent for granting variances because the solar energy concept is involved and showed sketches of the proposed addition which had been developed by Berg and Associates, an architectural firm specializing in environ- mental technology. Mr. Peterson said the plans as presented had impressed the Commission members but a reluctance to establish a precedent for this concept without more knowledge as to what technology is involved, had resulted in a tie vote, with no recommenda- tion made to the Council. Mr. Danelski explained how he will utilize a passive solar concept in his proposed addition and said a southern exposure is required , adding that a southern siting will also be more conducive to natural con- vection. He pointed out how isolated his home is on the corner of 33rd Avenue N.E. and told the Council his neighbor to the east is 135 feet distant from his home and the home to the west, 125 feet away. He had originally thought the solar system would require a 20 foot addition, but the architects had been able to develop plans gofor a 12 foot addition, which will also reduce the size of the -2- required variance to 12 feet. As he had during the Commission hearings, Mr. Danelski reported no opposition from his adjoining neighbors to the variance. • Mr. Soth said the second condition established for granting a setback variance requires proof that a hardship has been created by the physical surroundings, shape, or topography of the property which distinguishes that property from other average lots in the City. He believes the inclusion of solar energy only "clouds the issue" , and is not relevant in itself, to whether or not the variance should be granted. Nor should consideration of .whether or not the neighbors approve the request have legal bearing on the decision. However, when Councilman Marks asked whether the fact that the addition has to be on the south side of the building to utilize solar energy can be used as a justifi- cation for the variance, the attorney said "yes" . The other Council- members did not agree with Councilman Marks that the fact the property is on a corner or has a sharp drop off to the rear justifies a variance, since, "This property is no different from other sites where fill has been necessary for an addition" . The Mayor, however, noted there had been no indication -"the addition will in any way interfere with the health, safety or welfare of the neighborhood or will increase the value of this property any more than any other addition in the City" . When the extent of the right-of-way was mentioned by Councilman Marks the question was raised whether the right-of-way on 33rd Avenue is actually 15 feet and Mr. Hamer said he doubted that figure. He was requested to ascertain from the City' s records, the correct measure- ment and the Commission report was deferred until he had returned with that information. Agenda addendums were then accepted. The first was a request for a temporary beer license for a softball tournament for Sperry Univac employees from John Piper, 2804 33rd Avenue N.E. , who told the Council the same tournament had been held without problems last year under the same conditions he cited in his letter of application dated June 17 , 1981. Motion by Mayor Haik and seconded by Councilman Letourneau to grant a temporary beer license for the Sperry Univac softball tournament to be held in Central .Park from 10 :00 A.M. to 7 :00 P.M. , July 25 , 1981. Voting on the motion: Aye: Haik and Letourneau. Nay: Marks. Motion carried. Virgil Gottwalt of Gottwalt Products, Inc. had requested the Council consider a variance request for a monument sign in front of the Hub building in the St. Anthony Office Park which had not been anticipated when the building had received its original approval. He said now Mthat the building is up, it is feared signage on the building itself -3- will detract from its appearance and strikes have delayed the con- struction to the point where another delay before a black top road can • be constructed over .the wiring for the requested signage will be a hardship for the owners of the building. Mr. Berg told him the City has historically encouraged the type of monument signage he is proposing, but the City ordinance requires the variance for any free standing sign must first be presented to the Planning Commission. When Mr. Soth confirmed this was true, Mr. Gottwalt indicated he was willing to bring the proposal before the Commission at their next meeting. Mr. Hamer returned to the meeting with the information that the right-of-ways along 33rd Avenue are 12 rather than 15 feet wide, which will place the addition 30 feet from the curb. Motion by Councilman Marks and seconded by Mayor Haik to grant a variance to James Danelski for a 1.2 foot side yard setback at his property at 3301 Croft Drive, finding that: 1) because the proposed addition will, of necessity, have to be on the south side of the existing home, and, further, this being a corner lot, the requested setback is considered to be unique to the normal ordinance requirement; 2) no problems have been demonstrated as to the size of the addition or its siting for the adjoining properties; 3) granting the variance does not in itself cause the property to have additional intrinsic value; and, 4) the hardship is created by the ordinance and not by the owner.. • Motion carried unanimously. Although Mr. Berg reported accommodations had been made in the state statutes for permitting municipalities to grant variances: to their city ordinances for the purpose of assuring solar access to develop- ing properties, these references were not considered relevant to the Danelski request. Accepted as agenda addendum was Roscella Connelly's. report on the formation of. the East Side Hennepin County Human Services Council to which the City may have two representatives . Mrs. Connelly and Dr. Carr of the City ' s Advisory Committee to the Health Board represented St. Anthony in the organizational process and she reported that in addition to St. Anthony, the council will be made up of representatives from the planning districts of the N.E. 'Minneapolis, University and Cedar-Riverside areas. Her report included an explanation of the categories considered for council membership and she will research the questions raised by the Mayor relative to the provision of services for the City' s Ramsey County residents through Hennepin County agencies. She will also ascertain whether two members of the Advisory Committee will be willing to serve as the City' s representatives on the council so the appointments may be made in August. Accepted as agenda addendum were the cancellation of the Council ' s July 13th workshop with the fire reserves and the contract award for the Anthony Lane construction. -4- Motion by Councilman Letourneau and seconded by Councilman Marks to approve the third reading and adopt 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 Marks and seconded by Mayor Haik to adopt the resolution authorizing the accounting transfer of $3 ,000 for a .lawn mowing machine as per the Acting City Manager' s recommendation. RESOLUTION 81-044 A RESOLUTION FOR AN ACCOUNTING TRANSFER TO PROVIDE FOR PURCHASE OF LAWN MOWING MACHINE Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 81-045. RESOLUTION 81-045 A RESOLUTION REQUESTING THAT HENNEPIN COUNTY PREPARE A SUPPLEMENT TO AGREEMENT NO. 80228 • FOR ASSESSING SERVICES FOR THE 1982 ASSESSMENT YEAR Motion carried unanimously. Mr. Peterson continued the Planning Commission report by telling the Council all concerns of Commission members relating to the Columbia Heights Comprehensive Plan had been satisfactorily answered by staff and the Commission recommends the appropriate response now be made to Columbia Heights. Motion by Mayor Haik and seconded by Councilman Letourneau to move to express a favorable review of the Columbia Heights Comprehensive Plan on the basis of the following items : (1) That the plan is consistent and compatible with the St. Anthony Comprehensive Plan; (2) That the goals and policies and the implementation strategy formulated in the plan does not conflict with the strategies proposed to be implemented by the City of St. Anthony; (3) That the plan does not propose conflicts in terms of land use , housing and transportation in the specific areas where the City of St. Anthony abuts with the City of Columbia Heights ; • And further, that the Council direct staff to transmit the review in letter form to the City of Columbia Heights . Motion .carried unanimously. Mr. Hamer is preparing the Certificate of Occupancy recommended by the Planning Commission. -5- Councilman Letourneau indicated he shared Mr. Bowerman' s concerns, as reported in the Commission minutes., whether the existing signage • on the Craig & Company shop, 3909 Silver Lake Road, can be retained if the Hedlund .PUD is revoked . It was his understanding that at the time the signage was approved, it had .been clearly established that the signage would .have to be reduced when the remainder of the PUD-governed property was developed, as it will be if the St. Anthony Court development is accomplished. Mr. Soth said it had been clear that the PUD intended the signage should be for the whole undeveloped tract and it would not be consistent to allow that signage to remain on one property, since that was not the intention at the time of the agreement. Mr. Berg reported the revolving barber pole on the Craig & Company building is not a permitted sign (.per City sign ordinance) and, as recommended by the Planning Commission this and all other barber shops in the City will be informed such signage is not in conformance with the City Sign Ordinance, unless permitted by variance. Arthur Kuross, Chairman of the Kenzie Terrace Task Force and Dick Krier, Consultant from Westwood Planning and Engineering, were in attendance to discuss .the Task Force' s recommendation that an HRA be formed for possible revitalization of the Kenzie Terrace area. The June 22nd comments on the HRA from the City Attorney had been distributed in advance of the discussion. Motion by Councilman Marks and seconded by Mayor Haik to adopt the resolution which calls for a public hearing on the HRA during the Council meeting July 14 , 1981. RESOLUTION 81-047 A RESOLUTION PROVIDING FOR A .HEARING TO DETERMINE THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY TO FUNCTION IN THE CITY OF ST. ANTHONY Motion carried unanimously. Efforts will be made to publicize the hearing through every available source. Councilman Mark's expressed the Council ' s appreciation of the excellent job which had been done. by the Task Force. Motion by Councilman Marks and seconded by Mayor Haik to follow the Acting City Manager' s recommendation to accept the quotations from Hartford Accident and Indemnity Company for the Volunteer Firefighters Blanket Accident Policy at an annual premium of $921.68 effective from July, 1981 through June , 1982 . Motion carried unanimously. Mr. Hamer reported the MTC has negotiated an alternative parking site with Mr. Saliterman and notices to this effect will be posted in the City' s liquor store. parking lot. He also discussed his -6- June 18th. memorandum recommending Council approval of the bus shelter proposed by. the MTC in front of the Apache Plaza Shopping Center, and reporting the reasons set forth by the. MTC for not putting a -- • shelter at thecorner of 29th and.. Silver Lake Road. Motion by Mayor Haik and seconded by Councilman Letourneau to approve an MTC bus .shelter on the west side of Silver Lake Road at 39th Avenue N.E. as long as the City doesn' t have to share the costs . Motion carried unanimously. Motion .by Councilman Marks and seconded by Councilman Letourneau to adopt the resolution which accepts the bid and awards .the contract for storm sewer, street and watermain construction on Anthony Lane to Kenko, Inc. , pursuant to the joint powers agreement with the City of Roseville. RESOLUTION 81-046 A RESOLUTION ACCEPTING BID FOR CONSTRUCTION ON ANTHONY LANE NORTH Motion carried unanimously . In his June 8th memorandum, Mr. Berg had .reported an encouraging status for the proposed senior housing on Kenzie Terrace which is now in the hands of the Metro Council Human Resources Committee. Mayor Haik said Joan Campbell of the Metropolitan Council had been urged to do what she can to facilitate the City' s HUD application • for the project. Mr. Berg indicated a decision can be anticipated this fall. The May Fire Department report was accepted as informational and the workshop with the fire reserves set for July 13th was cancelled to be rescheduled at the Council ' s July 14th meeting, hopefully for sometime during the week of July 28th. Motion by Councilman Letourneau and seconded by Councilman Marks to approve payment of all verified claims listed in the June 23 , 1981 Council agenda. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to approve payment of $810 .03 to Westwood Planning and Engineering for the .planning services .provided during May relative to the redevelopment plan for Kenzie Terrace. Motion carried unanimously. Motion by Councilman Marks and seconded by Mayor Haik to approve payment of $2 ,737 .22 to the Dorsey firm for legal services during April, 1981. Motion carried unanimously. • -7- Motion by Councilman Marks and seconded by Councilman Letourneau to grant all heating licenses listed in the June 23 , 1981 Council agenda. Motion carried unanimously. Motion by Councilman .Leto.urneau and seconded by Councilman Marks to adjourn the meeting at 9_:30 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe Secretary I-Q-Cla6-le-) Mayor G ATTEST: City Clerk • •