Loading...
HomeMy WebLinkAboutCC MINUTES 04271982 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIII iozon - Box: 21 Folder. CC MINUTES AND AGENDAS 1982 Document: CC MINUTES 04271982 CITY OF ST. ANTHONY COUNCIL MINUTES • April 27 , 1982 Mayor Sundland opened the meeting with the. Pledge of Allegiance at 7 : 30 P.M. Present for roll- call: . Marks , Ranallo, Sundland, Letourneau and Enrooth. Also present: Dave Childs , City Manager.; Ron Berg, Administrative Assistant; William Soth, City Attorney; and .Larry Hamer, Public .Works Director. Motion by Councilman Enrooth and seconded by Councilman Letourneau to approve as submitted the minutes for the Council meeting held April 13 , 1982 . Motion carried unanimously. The Council had tabled the license for the Sroga Standard Station , 3201 Stinson Boulevard,- at their April 13th. meeting 'and had invited Mr. Sroga and his neighbors to air . their differences -regarding the appearance of the service station at this meeting. - The Mayor. reported Mr. Sroga had called him that evening to . report. his inability. to be in attendance but willingness to attempt to satisfy suggestions from the neighbors which are economically feasible. • Two residents , Roman H. Seid;e , 3117 Stinson Boulevard and Wayne E. Thompson, 3721 Foss .Road, had accepted the invitation. Mr. Seid,.e indicated his disappointment- upon moving to St. Anthony , "a .well kept community" to having a .station .near his home which .is "continuously an eye sore and a detriment to the neighborhood" . He .reported the dumpster on the site is constantly overflowing and there are always cars parked on the right-of-way, some -with "For Sale" signs on them. The fenced in area. .is underutilized, according to Mr.. Seide. Mr. Thompson' s only comment was that- many of the cars being sold .belong to neighbors of the Sroga.' s and said he was one of those who availed_ himself of that service. Mr.. Seide said he. was disappointed, . but not surprised, so many of the: .neighbors. who have the same concerns were not present. He speculated, ."they like Joe and his father and don ' t want to cause them .problems , but do- want the. station cleaned up" . His assumption was shared by most of the Council members who also did not want a confronta- tion between Mr. Sroga- .and his neighbors , but .rather preferred that the differences be mediated by..the .Manager on an individual basis in an -attempt to work out some acceptable agreement before the next Council meeting. Mr. Soth indicated the City can hold up the license on the station at least until Mr. - Sroga agrees to provide some solution to the problem and, if that is not possible, the legal. alternatives would- have to be considered on the basis of previous agreements between the City and . Mr. Sroga. Councilman Marks recalled -that when he was on the Planning Commission it took almost six years for the City to get fencing installed so vehicles parked on the site .would be screened from the neighbors ' properties and Stinson Boulevard. Councilman Letourneau reminded the -2- Council that. a good number .of .the. vehicles which are for, sale on the property have been towed there. at. City Police request and selling them is the only way. Mr. Sroga has of getting them off his property. Council- • man .Enrooth- indicated .his determination to .get the site cleaned up in any event. Staff will research Council and. Planning Commission minutes for references to - agreements with Mr. Sroga. Motion by Councilman Enroo.th and seconded by- Councilman Marks to table action on the renewal of the service station license for the Sroga Station at 3201 .Stinson Boulevard until the Council' s next meeting, May 11th. Motion carried unanimously. State Representative John Rose introduced himself as the City 's new legislator under the redistricting of. St. Anthony into District 63A. He offered to be. available . to answer. any City. concerns regarding legislative action, but indicated it. has : been his policy to stay out of local conflicts- such as closing of schools and street improvements . The legislator distributed copies of his memorandum--to local units of government which he said addresses legislation in .the . 1982 Omnibus Tax Bill H.F. 1872 which he believes may be significant to the cities in his new district.. Councilman Marks who has beenendorsed to oppose Representative Rose in the next -election, introduced himself to him and they both promised to take "the high road in the coming campaign" . Mr. Childs told Councilman Enr.00th .that comparisons .of prosecution costs and fines collected by the City have been made and he recalled • the fines amounting to $65 ,000 with legal fees being' $18 ,000 . He added that a good :percentage of the balance is eaten up -by the costs of incarcerations , which the Mayor commented were more than if the prisoners would be housed in the Northgate Motel. Motion by Councilman Ranallo and seconded .by Councilman Letourneau to approve payment of $2 ,145 . 25 to the Dorsey firm- for- legal services during January, 1982 . Motion carried. unanimously . Bernard Preussner, 3209 Skycroft Drive , had. requested he be permitted to appear before the Council to seek their- help in a, longstanding pro- blem he is having with hisneighbors across the street who park in front of! his house "twenty-four hours a day, every day" , and prevent the street in front from being sweptthe first time the crews come around. Conversations with the Kellys have failed to correct the situation, and Mr.. Preussner wondered if the City has some ordinance which can be enforced. He reported the Minneapolis. Police Department has a law on the books which they can enforce if a resident files a complaint. Mayor Sundland indicated he would like to find out if the City has other -references to time parking limits than winter restrictions , since he sees involving the Police in neighbor- disputes as a "no win" situation. Mr. Hamer said he could have his crews post paper signs when- they are sweeping that street and Councilman Marks requested staff research how other communities handle problems of this type. • The Public Works Director then reported .problems -he is encountering with this year's branch pickup with some materials being imported from out- side the City , and so much material other than branches left out to be r , -3- picked up. He is especially concerned with the bushes .people leave out because the dirt which..adheres to them can ruin the chipping blades which cost $90 a piece , and warned it will "take .a major hauler to • clean up all the materials left out this year Councilman Enrooth believes the City is being taken advantage .of and is concerned with fire hazards if - the unacceptable materials are left in the right-of-ways and it doesn' t rain. The consensus was that the crews should adhere strictly to the restrictions published in the Newsletter. Councilman Marks said he agreed with the Mayor that this, is ,:a, highly. visible service , appreciated by the residents but seeing the misuse of the service and the fact that "we can' t afford .to clean up the whole City" , suggested the service be closely scrutinized inthe next budget and certainly placed in a lower priority than Police and Fire Service. Mr. Hamer then told the Council that it is his Department' s custom to replace any sod which has been displaced by 'the snow plows, if it cannot be saved in- any other way. The March Financial Report was discussed with Mr: Childs and that report as well as the March Police Report and .minutes- for the April 13th meeting of the Chemical Abuse Information, Committee were accepted as informational. Judy Makowske reported the minutes. of the Planning Commission meeting held April 20 , 1982. She explained the Commission' s reluctance to make a recommendation related to the -tanning salons proposed for . Apache Plaza Shopping Center since the matter'-had not. gotten on the agenda for the meeting and they had no opportunity to study this new • concept. The Mayor commended the Commission. for giving the applicant the courtesy of hearing his proposal since they were not required to do so. Mrs . Makowske told the Council the Commission. members had found the discussions -they had with Senior Federation Representatives very helpful in deliverations on the variances to. City ordinance requirements which will be necessary for the senior- housing proposed on Kenzie Terrace. She said they were especially interested to see the' HUD guidelines which govern the size of the units and to hear the explanations of why a service access to the. rear of the - building will be required off Wilson Street and how parking will be handled when there is a conflict in activities for the senior building and the Legion Club next door. Two Federation members , Archie Fjeld and Robert Giere were again present to discuss the proposal as was Caroline Olson, .who serves on the Greater Minneapolis Metro Housing Corporation. Mr. Fjeld . reported there has been no confirmation that Hennepin County is willing to provide a crossing light for pedestrian access to the St. Anthony Shopping Center across Kenzie Terrace which was one of the reasons he believes the proposal failed to become a HUD recipient the firsttime around. Mr. Berg confirmed the City can probably use CDBG funds to provide the light if Commissioner Sivanich is unsuccessful in getting Hennepin County to fund it. Mr. Soth asked the financial consultant what -assurances the City has • that the buildingwill remain senior. housing. Mr. Giere told him he would anticipate the apartments will be available to only senior citizens for at least 20 years and, if HUD should decide to change the occupancy complexion of the project, it would probably only be for handicapped. r , -4- He also pointed out that . the sponsoring organization is Augustana Homes who only provide senior housing. • Ms . Ols.on ,urged City officials to write to HUD officials indicating the City is attempting to adhere to all the HUD guidelines but believes the project would be more successful with only one bedroom units . Mr. Giere added, that he hopes "HUD' s advertisement of the project the coming weekend won' t include- efficiencies for the project" . Motion by Councilman Marks and .seconded. by Councilman Letourneau- to grant the variances to .the City Zoning Ordinance requirements necessary for the construction-.of .a 60.. unit. senior building, as proposed, on the vacant lot currently identified as Plat 63507 , Parcel 7620 by the Northeast Senior Federation, with funding from the HUD 202 program including: (1) building height from 35 to 3.72 feet for a 22 foot variance; (2) from 30 to 60 dwelling units for a 30. unit variance ; .and (3) unit floor area efficiencies, up to 25% efficiencies , from- 500 to 415 square feet, for a total variance of 86.- square feet; up to 1000 one bedroom units , from 650 to 540 square. feet, for a total variance of 110 square feet. The Council finds that: . (A) Because of the location of . this. site and the surrounding properties , • this property is particularly -well suited to use for senior citi- zen housing, which is economically feasible only with public funding. One of the requirements of this funding is that smaller efficiency units be included. (B) Thepurpose of the .vari.ances are. not .merely to increase the value of the property. (C) A hardship is caused by the City ' s ordinance in combination with the public funding requirements and not by the persons having an interest in the land. The Council also agrees with the Planning Commission that: (A) The proposed building is designed .and intended to serve only senior citizens . (B) The proposed building, is designed and intended to -utilize public funding. (C)_ The City- of St. Anthony has no other similar non-profit senior housing facilities . (.D.) The City of St. Anthony has a strong -.demand for provision of non-profit.-senior housing facilities . • (E) Sufficient distance and screening in. the .plan (as - labeled and included .in this recommendation). reduces any potential negative impact .from building height or. density on the adjacent property owners . -5- (F) Similar senior housing projects in Minneapolis and Columbia Heights have similar, or, in fact, .smaller dwelling units ; greater or equal number of dwelling units per square . foot of .land area (density) ; S are built higher; and have fewer parking spaces per dwelling unit and less landscaping/screening that -this proposal. (G) Real estate taxes produced by this development will be far greater than those produced by the vacant land. (H) Site access and neighboring -homeowners ' concerns have been adequately addressed. (I) The City of St. Anthony has no specific or adequate zoning .regula- tions for senior housing. (J) The City foresees this project may spur further Kenzie Terrace redevelopment and rejuvenation. (K) No adverse input was received during the public ,hearing before the Planning Commission. Motion carried unanimously . Staff was requested to write to .HUD officials indicating the City 's interest in having only one bedroom units for the project. Craig Morris , proprietor of the hairstyling salon at 3909 Silver Lake Road; appeared .to discuss his non-conformance- with landscaping and fencing requirements of the Hedlund PUD which were set when he was granted a Conditional Use Permit and as modified by the Council, Nov- ember 24 , 1981. Because these improvements had not been provided as agreed- to, the Commission had recommended the Letter of Credit guarantee- ing conformance 'be . cashed in and the proceeds used to construct a fence and install the shrubbery , - if these improvements are not made by Mr. Morris in-. a reasonable time , according to the Planning Commission representative. Mr. Morris indicated . the chain link fence would be in by the following Friday and said the plantings have been delivered to the site to be planted as' soon as the Johnson property .to the north of him is graded. The salon owner. said because of lack of commercial money, he has been unable to assume ownership of .the property , but assured .the Council "I will be here for a long time" . Mr. Morris then indicated he could. see the necessity for a fence between his property and that of.- Ken Lee behind him, but not for the side fencing, which in his opinion ."has no usefulness" . . When Mr: Morris said he believed the fencing had .been his idea in the . first place , that assumption was corrected by the Mayor and Councilman Marks who. recalled the original PUD requirements were for an eight foot opaque fence to screen the commercial uses which were anticipated. for the west side of the site from the residential development to the east. The requirement was modified to a six foot fence when the townhouses were approved for. the Silver Lake Road side of the site. Mr. Lee was present and indicated he has agreed to pay half the cost of a heavy gauge chain .link fence (.up to $250 . 00) between his and • Mr. Morris ' property rather than have. the fence -Mr. Morris had started to install which, in his opinion, , would last only a .few years at best. -6- He agreed .with .Mr. Morris that slatting the fence was not necessary and had no interest in whether or not side fences were provided on the Morris property. Councilman- Enrooth indicated he believes as long as • Mr. Lee, who has to look at the fence , doesn' t -see the need for slats , an opaque fence at this stage- of development for the PUD is probably not necessary, especially. since this type of fencing has not proved very durable in the past. There was Council agreement, however, that the two side fences should be provided by Mr. Morris . Mr. Lee disagreed with. Mr. Morris that the fence could be installed sooner than two weeks , and, since the City would lose the Letter of Credit proceeds -if it is not revoked before May 1st, the Mayor indi- cated he believed the document should. be revoked April 30th and the cash retained to put in the improvementsif they are not provided in a satisfactory manner. within a reasonable time by Mr. ' Morris, with the remainder returned to Gordon Hedlund when the improvements are in. Mr. Soth asked .Mr. Morris whether he had a monetary interest in the Letter of Credit proceeds and the shop owner indicated he did not. The Attorney then told the Council he believes the proposed fence would be keeping with the PUD, since . the original requirement had been for a chain link fence. Mr. Berg said Sid Johnson had indicated to him that he proposes to landscape his property- adjoining Mr. Morris ' as soon as possible so he can put the townhouses up for sale. Motion by Councilman Ranallo and seconded by Councilman Marks to direct staff to draw on the Letter of Credit #1091 for $3 ,200 held at the • First State Bank of New Brighton 'before its expiration date , May 1 , 1982 . Motion carried unanimously. Motion by Councilman- Marks and seconded by Councilman Enrooth to indicate Council agreement that the chain link fencing to be installed between the Craig & Company property at 3909 _Silver Lake Road and Lee property to the east on Penrod Lane and- on the sides not be required to be slatted. Motion carried unanimously. Mr. Morris admitted he had not kept his agreement to have his place of business lit only during working hours but said he will have a timing system installed in two weeks . Mrs . Makowske .reported,.the Commission recommends the proposed fence ordinance should be changed to require fences be constructed at least six inches behind the property line because it is often difficult to tell exactly where the lot line is without an expensive survey. Mr. Hamer indicated the reason he .did not -include this requirement in the ordinance was because there is often a maintenance problem where fences are built away from the lot line and said some .of the fences in the City are set back as much as four feet. The City inspection when a (license or building permit) is granted will assure the fence is constructed on the owner' s property. Mr. Childs told Mrs . Makowske • the City has the equipment for identifying buried stakes . Mr. Hamer said he believes requiring neighbor agreements for fences is not realistic, since some neighbors are unable to discuss this -7- subject. Mr. Soth said he sees. legal problems with joint ownership of fencea . and recommended fences. -.be installed on one property and construction costs shared, if desired. • The Public Works Director- stated that fences which are grandfathered in will be permitted to remain as they- are the same as signs and non-con- forming lots until the use or structure is substantially altered. Mr. Childs said .the Fire and Police Departments in the cities he previously served had reported problems with fences higher than six feet and said the swimming pool ordinance requires fences "not less than six feet high" . Mrs . Makowske indicated the irregular configuration of some lots in the City might permit a six foot fence being built right in front of a neighbor's picture window. The Council agreed this would- be a reasonable amendment. Motion by Councilman Letourneau and seconded .by Councilman Ranallo to approve the first reading of Ordinance 1982-003 with the following addition to the wording of Subdivision .3 of Requirements on the second page: "and. no fence in the front yard shall be- over- four feet in height with the height -of all fences measured from the natural grade of the property. " ORDINANCE 1982-003 AN ORDINANCE RELATING TO FENCES ; REQUIRING BUILDING PERMIT; REGULATING LOCATIONS; . PROHIBITING CERTAIN FENCES; AMENDING THE 1973 CODE OF ORDINANCES BY ADDING A SECTION Motion carried unanimously. Keith Grewe , 1001 Orchard Lane, whose request to operate a tanning salon in- Apache Plaza Mall percipitated the proposed .City ordinance amendment which would permit such an operation as a conditionally permitted -use in the City, appeared along with Tom Van Meter , Presi- dent of Tan Me, Inc. , the franchise under which Mr. Grewe proposes to operate, to discuss their request with the Council. Mrs . Makowske reiterated that the Commission had not acted on the request because it was not on the Commission agenda which- is posted throughout the City and through which interested residents could .have been alerted to attend the meeting. Mr. Grewe and the franchise official repeated their belief that the health aspects of the salons should fit them into a category already established in the City Ordinance for a similar use . . Mr. Van Meter addressed the "massage-.image" he believes people perceive for thisunfamiliar business but speculated many of the exist- ing businesses in the City already offer tanning services to their clients . He invited Council members to visit his own salon in Maplewood to see for themselves what type of operation they can expect if they approve the salon for Apache. Mayor Sundland told them he agrees .with the City Attorney ' s opinion that the tanning salons do not fit into an existing category in the • City Ordinance and the proposal will have to be presented at a public hearing before the Planning Commission as an ordinance amendment which . -B- is required to be given three readings.. by the Council, and, finally, cons.i,dered for a Conditional -Use. Permit under the ordinance amendment, if it passes . He explained .that the same procedure had been followed • when a 'video center was permitted to operate at Apache and when auctions were permitted to be held in the City . The Mayor personally can see the last two readings being waived by the Council if the Commission has no problem with the proposal and the application fora Conditional Use Permit considered at the same meeting. as the first reading. Any health problems or perceived illicit operations can be addressed within the conditions of the Conditional Use Permit. . Councilman Ranallo indiciated he had little or no opportunity to study the proposal and cautioned. the applicant that there is no .assurance that the normal procedure for approval would not .be followed. Mr. Soth confirmed that the City could accept the application fee which would have to be returned if the amendment or Conditional Use Permit is not approved. Motion by Councilman Letourneau and seconded by Councilman Marks to schedule a public -hearing before the Planning Commission May 18 , 1982 , where the proposed ordinance amendment precipitated by. -the request for a tanning salon to be operated in the Apache Plaza- Mall will be con- sidered, and based on a Commission recommendation of approval, to permit a- parallel process whereby the application. for a Conditional Use Permit can be considered along with the ordinance amendment by Council. Motion carried, unanimously. Doug Woods gave a slide presentation . on landfill alternatives being considered by the Ramsey County Environmental Health Committee. • Accepted .as informational were the schedule of the Friday morning , meetings sponsored by Ramsey County Commissioner Salverda; AMM re- actions. to the Metropolitan Council proposals for a Surface Water Management Plan and the notes- on the April 21st staff meeting. Mr. Childs requested Council input before the Metro Council meeting April 29th and. reminded the Council that the legislative body established to over- see the Metropolitan Council will hold its first meeting outside the Capitol in Shakopee .May 5th and this will be another opportunity for the Council to express their views on the Metro Council . The Council accepted as an agenda addendum the resolution submitted by Mr. Hamer for Council approval of taking of bids on the St. Anthony Bridge project. Motion by Councilman .Marks and seconded by Councilman Ranallo to adopt Resolution 82-017 and approve the plans and- specifications submitted by the Public Works Director for the St. Anthony- Bridge rebuilding project. RESOLUTION 82-017 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND.' TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF THE ST. ANTHONY BOULEVARD BRIDGE AND APPROACH • Motion- carried unanimously. A Council work- .session with the Police Department and a request regard- ing a proposed development concept was scheduled .for 7 :00 P.M. , May 4th: -9- Neither staff nor Council members .have receivedcalls related to the proposed raise in water rates . Motion by Councilman Letourneau and. seconded by Councilman Enrooth to approve the second reading of .Ordinance 1982-004 . ORDINANCE 1982-004 AN ORDINANCE 'RELATING TO-WATER RATES; AMENDING SUBDS. 2 AND 3 OF SECTION 550 : 00 OF THE 1973 CODE OF. ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Ranallo to appoint Roger Salsbury, 3412 Highcrest.; Ron ..Hanson, 2704 32nd Avenue N.E. ; Dick Timmer, 3617 . Belden . Drive,, to serve along with Larry Hamer and Councilman Enrooth on the Skating .Rink Study Committee , with a goal of August 10 , ' 1982 set for the final committee report on the future ice skating needs and services for St. Anthony. Motion carried unanimously . Ray. Nelson, Liquor Operations* Manager, had proposed a wide-screen for television showing of sports events. be purchased as' a- method of promo- tion of the liquor- operation and Mr. Childs reported quotes which had been taken and recommended which .should be accepted. Mr. Soth con- firmed that any capital expenditure of 'more than $1 ,000 requires Council approval. • Motion by Councilman Letourneau and seconded by Councilman Enrooth to adopt the resolution which authorizes the awarding .of the bid for a Kloss T.V. System to Digital Den for $3,441. 45 and to accept the rec- commendation that .a: VCR type system be purchased at a later date to enhance the capabilities . The Council also agrees that live music should be terminated with the addition of the video system. RESOLUTION 82-018 A RESOLUTION AUTHORIZING THE AWARDING OF THE BID FOR A VIDEO TELEVISION SYSTEM Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to approve Change Order #1 for the repair of .Well #4 which- will .permit the replace- ment of 18 sections of column pipe at $4 ,518 and use .of stainless steel shafting to make .necessary repairs costing $1 ,012 . 50_ to be paid from the City Water Funds , as recommended by the Public Works Director. Motion carried.. unanimously. Motion by Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 10 :50 P.M. • Motion carried unanimously. -10- Respectfully submitted, Helen Crowe Secretary Mayor ATTEST: City Clerk •