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HomeMy WebLinkAboutCC MINUTES 09271983 Meeting Sheet IIIIIIVIIIVIIIVIIIIlls ills IIIIIIII 101977 BOX: TZ Folder: CC MINUTES AND AGENDAS 1983 Document: CC MINUTES 09271983 i A CITY OF ST. ANTHONY COUNCIL MINUTES September 27, 1983 The meeting was opened at 7: 30 P .M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call: Marks , Ranallo, Sundland, Letourneau, and Enrooth.. Also present: David .Childs, City Manager; William Soth, City Attorney; Carol Johnson, Finance Director; and Ray Nelson, Liquor Manager (later in the evening) . Councilman Ranallo requested the following amendments and clarifications of the minutes for the September 13th Council meeting: Page 4 , para. 9 : Lines 1 and 2 should be rewritten to read, "Council- man Ranallo questioned whether a 60 foot cooler was needed or could be moved that easily. He wanted the cost of setting up the operation looked at very care- fully so the City could make some money. He indicated he would favor. . . . . . " . Line 7 should be rewritten to indicate it was Councilman Ranallo who had recommended the Planning Commission should begin the • search for a replacement location for the warehouse facility. Motion by Councilman Marks and seconded by Councilman Enrooth to approve as amended the minutes of the meeting of the Council held September 13, 1983. Motion carried unanimously. In her September 22nd memorandum listing. license and permit applica- tions , Lila Johnson had also reported for the Council ' s information that, withthe application from the C.G. Rein Company for nine amuse- ment devices licenses, all the licenses formerly held by Chick' s Billiards had now been reserved. Motion by Councilman Ranallo and seconded by Councilman Letourneau to grant a temporary 3 .2 beer permit to Berger Transfer, for the consumption, but not sale, of beer during their company picnic to be held in the Central Park Pavillion from 5 : 00 P-.M. to 8:00 P.M. , either October 18th or 19th, depending on weather conditions . Voting on the motion: Aye : Ranallo, Letourneau, Sundland, and Enrobth. Nay: Marks . • Motion carried. -2- Motion by Councilman Ranallo and seconded by * Councilman Enrooth to • grant a multiple housing permit to Lakehill Apartments , 3804 Highcrest Road. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to approve payment of $273. 50 to Dorsey & Whitney for legal services during July, 1983. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve payment of $3, 180 to the Health -Fitness Consultants for the fitness evaluations and orientation presentations conducted under the City employees ' fitness program, initiated this year. Motion carried unanimously. The statement from the Barr Engineering Co. had been distributed by the City Manager who- explained the company 's total costs had exceeded their contract limits because additional hydrologist study was necessary when it was discovered that erroneous pumping .data had been provided by the Twin City Arsenal.. The City, based on: their agreement with Barr Engineering, is only obligated to $3,6.00 . 00 of the $4 , 650 .00 in costs and the proposed final payment would bring the total of • payments to $3,600 . 00 . Motion by Councilman Marls and seconded by :Councilman Ranallo to approve payment .of $1, 843-. 81 to Barr Engineering Co. for their investigation of Well #3 during the period extending from February 27th through April 2, 1983. Motion carried unanimously . Brad Bjorklund .reported actions taken and recommendations made to the Council by the Planning Commission during. their September 20 , 1983. meeting, as reflected in the minutes of that meeting. The Planning Commission representative indicated he believed several clarifications of those minutes were necessary. He wanted "and Council" inserted after "Commission" and "school district" . substituted for "other official meetings" in Lines 1 and 3 in paragraph 5 on page 2 . The Commissioner indicated Commissioner Bowerman's statement in the third paragraph on page 4 could probably be more easily understood if the word "but" were substituted for "not" in the middle of line 15 . He also believed changing Mrs . Basara' s "only concern" to "primary concern" in line 5 of the fifth paragraph on page 5 would more accurately reflect that resident' s statement. Mr. Bjorklund- also wanted the last paragraph on that same page expanded to -indicate he had asked Mrs . Basara a series of questions about her reaction -to the higher building, as contrasted to previous proposals , and, when he had asked her if she liked the building proposed this time., she had replied "no" . On page 6 , Commissioner Bjorklund believed all the questions should have been reported which had been put to the redevelopers to identify -3- specifically 3- specifically just what the additional construction costs. would be which could be expected to raise the unit costs to the extent quoted by Mr. Tushie and he expressed a desire that his statement that "the 32 story retirement apartments had been only one of several proposals for that parcel which get larger and larger as time goes by" . Each recommendation from the. Commission to the Council had been addressed by the Manager under separate memorandum in the agenda packet. In his comments on the Twin City Federal request for additional signage, Mr. Childs reported the conditions under which the Commission had recommended approval of the request. Referring to one of the reasons the Commission members had found for reversing their first recommendation that the request be denied, Councilman Ranallo questioned whether any City institution would place TCF in a competitive disadvantage related to the electronic improvements and he wanted to know why this business should be allowed to illuminate that portion of its sign which advertises its services up until 1:00 A.M. , when another businessman just down the street had been taken to court because he had not turned off his lights at 8 :00 P.M. The Councilman foresaw the establishment of a precedent for other businesses in the same area to add to their existing signage as well . Councilman Enrooth recalled that the beauty shop and Zantigo' s had been required by the City to turn off their signs when they closed for business and the 1: 00 A.M. turnoff time for the bank had actually represented a compromise since the cash machines are available all night long. Mr. Childs responded by saying the beauty shop signage was only temporary and the time restrictions on illumination had been placed as a condition forpermitting the sign at all and reason #2 represented the fact that St. Anthony' s sign ordinance is perceived to be more restrictive than other municipal ordinances . Planning Commission members Judy Makowske and Doug Jones were present for the discussion and the latter said that, although he believed Councilman Enrooth ' s point had been well taken, he personally could not see where the additional signage was necessary at all since he perceives there could be an adverse effect on the -homeowner directly behind the bank if people are encouraged to use the electronic machines all night long. He said the motor noises and flashing headlights could be a real annoyance for the residents of that area . Jim Stahlmann, 2446 East 1st Avenue, North St. Paul, was presented TCF' s response to the comments which had .been .made. He indicated Dave Shannon, the sign company representative who had appeared before the Commission, was out of town that .evening. Mr. Stahlmann indicated he perceived the message the bank is requesting be added to the time and temperature information it provides the public is unique in that it represents the common symbol TCF uses as identification on all their facilities throughout the metropolitan area and at the same time • advertises a service available not only to TCF customers but customers of other banking facilities who are in the same electronic banking system. ' He said with this service, customers could get cash to patron- ize the Apache merchants and the Zantigo restaurant during the hours the bank is closed. -4- Councilman Marks. pointed out that' .most of the businesses in Apache are closed after 10 : 00 P.M. , so .a twenty-four hour cashing service would probably not be too helpful after that time. The- bank representative indicated the machines are actually not in operation for the entire 24 hours since they are usually closed down between 1 :00 A.M. and 2 :00 A.M. for servicing each night, but they are used extensively early in the morning before the bank opens . . The cash machines enable the bank to keep . away from normal retail hours which would be very cost prohibitive. Councilman Letourneau commented that he did not see the possibility that .the cash machines would be- drawing a .crowd of cars or persons to the facility at one time. Councilman Ranallo indicated. he .is mostly. concer-ned .with increasing the size of what is already a non-conforming sign .. He also saw the irony of encouraging a 24 hour service when the Council had just gone through a painstaking process of rewriting the ordinance to keep businesses from operating in the City all night. When Councilman Marks said only places which offered entertainment had been the target of that ordinance, Councilman Ranallo indicated he had personally been opposed to any type of business being conducted in the City past 1: 00 A.M. Mr. Stahlmann said written responses by persons who use the cash machines indicate they provide a real service when they are unable to • utilize the regular banking facilities . Motion by Councilman Marks and seconded by Mayor Sundland to follow the Planning Commission recommendation to grant a variance to the City Sign Ordinance which would permit Twin City Federal, 3899 Silver Lake Road to add 12. 6 square feet. of additional signage to their existing display, specifically for a numeric and letter double-sided sign to read "24 HOUR TELLER" , on the condition that .portion. of the display should not be illuminated from 1: 00 A.M. to 6 :00 A.M. , finding, as did the Planning Commission that: (:l) Granting such a variance could not be considered to be detrimental to that particular corner where a banking facility has already been established on a large plot of land which is surrounded by commercial development. (2) Denying the request might place Twin City Federal in a competitive disadvantage with other banking institutions who are not as restricted to their signage when advertising the new electronic developments in banking. Voting on the motion: Aye: Marks, Sundland, Letourneau, and Enrooth. Nay: Ranallo. • Motion carried. „ -5- Commissioner Jones then indicated he had been very sorry not to have • been in town the night of . the last Commission meeting where he could have expressed his opposition to the revised plans for the Phase 1 structure proposed for the Kenzie Terrace Redevelopment Project which the Council took up next. He said he perceives that building would be .viewed by the public as the "centerpiece” for what is coming in the next two. phases and therefore, should be aesthetically pleasing and should fit into the existing neighborhood. He found neither criteria met with the new drawings for the proposed condominiums which proposed to provide enclosures for the additional parking spaces which he believed would make the building unattractive and the garages worthless because both wind and snow would blow through the open gridwork all winter long. Mr. Jones was not convinced the additional .parking levels could not be economically built four feet further into the ground so the upper garage- could be completely enclosed and not exposed to Minnesota winters . He believed more specific- figures should have been provided by the redevelopers to support their contention that building the garages underground would raise the unit cost from $7,500 to $9 ,000 . The Commissioner said he saw no sense in trying to save a few dollars and ending up with a product which would be. hard to sell and suggested a poll of prospective buyers be made to determine whether they might not be willing to pay a little more for garages which are heated and similar to those they had become accustomed to in the homes they were leaving. Steve Yurick of Arkell was present and indicated he was certainly in agreement with Commissioner Jones assumption that this building should • be the figurehead and. landmark for the rest of the project and said it is certainly the desire of his company to satisfy the desires of the people who would live there. He said just such a poll had been taken of prospective buyers who attended the focus meetings with the re- developers who had indicated that, of course they would have preferred heated garages , if they could have it for the same price, but, they would not be willing to pay more for those amenities . He indicated the elevation drawings had not done justice to what is actually planned with the revisions because the -enclosures would be built with ornate iron work which would be pleasing to the eye at the same time they would provide security those persons indicated would be essential. Their concerns about the security which could be .provided for patio areas would also be solved when those areas become balconies with the revised proposal, Mr. Yurick .said, and he indicated he perceived Mr. Jones ' concerns with the exterior appearance of the building would probably be satisfactorily addressed with the berming and landscaping which had not been shown on those elevation plans . In reference to the raise in unit cost for enclosing the parking areas , the developer said Kraus Anderson had based them on the difference between the costs of going up with two levels or constructing them underground. Mr. Yurick indicated he wasn' t denying that snow and rain might blow into the upper level of parking, but it had been the architect' s contention that this would not be detrimental enough to justify raising the unit price above the market for this area. He also • pointed out that, if the parking were constructed underground and . the building erected closer to the trailer park because of the boundary uncertainties, the first floor residents on the west would be looking directly into the trailer homes, just as they would if the project were -6- built as originally proposed. Mr. Yurick also said- "the cost of the • units with a. parking stall included would range between $54 ,000 for a one bedroom to $110 ,000 for a one of a kind three bedroom loft unit, and the majority of. the .units would run about $73,000 . At 8 : 15 P.M. , the discussion was recessed for the Revenue Sharing hearing scheduled at 8: 00 P.M. In his September 23rd memorandum, Mr.. Childs had recommended the manner in which $44 ,000 in federal revenue sharing funds should be allocated and he made a brief statement on those recommendations. Notice of the hearing had been published in the' Bulletin but there was no one in attendance to provide input to the consideration and the hearing was closed at 8 : 16 P .M. Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 83-043 . RESOLUTION 83-043 A RESOLUTION ADOPTING THE. 1984 REVENUE SHARING BUDGET Motion carried unanimously. The meeting was recessed until 8: 25 P.M. when the discussion of the • revised plans for the first phase of the Kenzie Terrace Redevelopment Project was resumed. Councilman Marks indicated that, although he perceived the parking provisions were important, he did not want these concerns to slow down the momentum of the project. He indicated he believed it was critical for the Council to move on the basic plan. Mr. Yurick indicated he would have no objections to redrawing the elevations to indicate the berming and landscaping more specifically which should alleviate some of the concerns related to exterior appear- ance of the proposed structure. Mr. Soth advised that the Council would not be approving the final plan for the project that evening but would only be approving the concept subject to H.R.A. approval of final details when they are presented by the redevelopers . Motion by Councilman Marks and seconded by Councilman Letourneau to approve the addition of a story and a half for the structure for Phase 1 of the Kenzie Terrace . Redevelopment Project, subject to: (1) Council approval of the final details related to the exterior changes in the plan. (2) H.R.A. approval .of those changes . Motion carried unanimously. Commissioner Bjorklund then read the motion whereby the Commission had recommended Council denial of the petition for a variance to the Zoning -7- ordinance requirement for 30 foot front and sideyard setbacks on corner • lots which would allow Mr. and Mrs.. Donald Evertz to make a 10 ' X 10 ' addition to the west side of their existing - home at 2901 St. Anthony Boulevard because the Planning Commission had believed they had insuf- ficient. information to make any other decision. Mr. Evertz was present and told the Council his failure to attend the September 20th hearing was because no one had told him it was necessary for him to be there. He said the expansion is needed to provide a dining room large enough to seat 15 people at the same table on holidays and he guessed the only hardship he could plead was his inability to do this . The addition would be constructed to match the 10 .foot pro- trusion of the existing garage on Coolidge, according to Mr. Evertz , and he had assumed that would require a three foot variance but could not be certain since Coolidge curves somewhat at that point. The petitioner pointed out the great distances between his home and his neighbor on Coolidge where an alley and a row of tall trees separate their properties . He said the curve in the street makes perfect alignment of homes on Coolidge impossible . Councilman Ranallo indicated a visit to the site had convinced him the proposed addition would certainly not adversely affect the appearance of the existing. structure or .block the visibility of- any neighbor. He asked Commissioner Bjorklund what adverse effects he perceives for the addition. The Commissioner responded by saying he perceives the addition could create a visual hazard for drivers on that corner. He reiterated his comments during the Commission hearing that from his • personal association with that particular home he was convinced addi- tional space could be obtained- by building off the breezeway or in another manner which would not require a variance. Mr. Evertz responded by telling the Commissioner three architects had told him this was the only way he could get the additional room he needed. Mr. Childs indicated the drawing which had been submitted for both Council and Commission consideration had been drawn by him just to give the Commission some idea of what was actually being requested. Councilman Enrooth told Mr. Evertz that since those drawings were not to scale it was almost impossible for the Council to make a decision without knowing the exact dimensions of the variance. The Mayor suggested that if Mr. - Evertz were unable to attend the next Council meeting, he should at least. have his contractor present to give the exact size of the variance which is ' involved so the project won't be delayed so long the construction can' t be started this construction season. Mr. Evertz indicated that suggestion would be acceptable to him and the matter was deferred until the Council's October 11th meeting . Councilman Marks reported his wife, who is associated with the emergency services for Metropolitan Hospital, had told him the disaster drill which had been conducted in St. Anthony September 19th had been con- sidered one of the most unique drills held in the metropolitan area. The Mayor said he had been present and observed the high school stu- dents involved had given such convincing performances that even the neighbors had been fooled. He indicated he believed a vote of thanks was due the City Fire Chief and his men. -8- Included in the agenda packet had been copies of two articles carried in the Roseville Newsletter which Mr. Childs reported Jean Klosterman of the Chemical Abuse Information Committee had requested be inserted in the next water billing mailing. The Manager informed the Council that the enclosure would require no extra postage and suggested the City would probably not be setting a precedent for other groups to request similar mailings since the Committee' s activities are City supported. Motion by' Mayor Sundland and seconded by Councilman Marks to approve the inclusion of the- two articles dealing with alcohol and drinking and driving as requested by the St. Anthony Chemical Abuse Information Committee in the next water billing mailing and to establish a City policy for future mailings which would. be restricted to official activities of the City which would not increase the normal postage costs of such mailings . Councilman Enrooth called the question. Motion carried unanimously. The request that the City rejoin the Suburban Rate Authority at a membership cost of $490 . 80 had been included in the agenda packet along with the Manager' s comments . Motion by Councilman Ranallo and seconded by Councilman Enrooth to not joint the Suburban Rate Authority at this time. • Motion carried unanimously. In his September 21st memorandum, Mr. Childs had indicated he per- ceived joining the Municipal Caucus would continue the Council 's efforts to find a local government aid formula for Minnesota that is both fair .and intelligible. Mayor Sundland and Councilman Ranallo reported the fragmented responses from the suburbs they had observed on both the League of Minnesota Municipalities and Association of Metropolitan Municipalities towards the legislative redistribution of local aids the last year and the Councilman indicated he could support joining the Caucus in' the hopes of getting some action on City concerns during the next legislative session. The Mayor suggested that, as an AMM board member, he might have an opportunity to express those con- cerns and .Councilman Marks agreed this might provide the mechanism on the AMM to be more effectively express the needs of the suburbs . Motion by Councilman Ranallo and seconded by Councilman Marks to approve payment of $200 for membership fees in the Municipal- Caucus . Motion carried unanimously. The report from the Public Works Director on the problems encountered in repairing the Edward Street sanitary sewe'r lines had been distributed for Council consideration. There was general Council concurrence that • there was no alternative but -to . continue with the project in the manner recommended by Mr. Hamer. -9- Motion by Councilman 'Marks and seconded by Councilman Letourneau to approve payment of $1,725 from the Council 's Contingency Fund as the City ' s proportionate share of the North. Suburban Cable Communications Commission budget for the remainder of 1983 and 1984 , as recommended by the City Manager. in his September 21st memorandum to the Council. Motion carried unanimously. Ray Nelson, City Liquor Store Manager, reported that only one bid had been submitted for a cooler for the new liquor warehouse facility, although three invitations to make a proposal had 'been mailed out and another hand delivered to a potential supplier. Motion by Councilman Letourneau and seconded by mayor Sundland to accept the bid of $40 ,000 and award the contract for the cooler for the City ' s new off sale 'liquor facility to Liquor Store Equipment & Supply, 9025 Lyndale. Avenue South. Motion carried unanimously. Councilman. Enrooth_ said he would approve the renewal of the City 's contract with Hennepin .County for next year' s assessing services , but would like to consider other options which might not cost as much before the contract is renewed. Motion by Councilman Marks and seconded- by Councilman Enrooth to adopt Resolution 83-0.40.. • RESOLUTION 83-040 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH' THE HENNEPIN COUNTY ASSESSOR FOR ASSESSING SERVICES IN 19.84. Motion carried unanimously. An ordi.nance. which. would increase the salaries of the Mayor and Council $30 a month- had .been included in the agenda packet along with the Manager 's cover memorandum advising that the last such raise had been made in 1977 and that the total cost of the increase would be $1 , 800 . The City Attorney advised that the effective dates on the proposed ordinance would -have to be after the City elections in November and suggested -December 1, 1983 as a. possible date. Councilman Marks agreed that six and a half years was a long time between raises but did not think. this was the right time for an increase. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve the first reading of Ordinance 19.83-007 with. an effective date of' December 1, 1983 for both- the ordinance and the increase payment. ORDINANCE 1933-00.7 • AN ORDINANCE RELATI.NG TO MAYOR AND COUNCILMEMBER SALARIES , AMENDING SECTION 125 :00 OF THE 1973. CODE OF ORDINANCES BY. ADDING A SECTION -10- Voting on the motion: Aye: Ranallo, Letourneau, Sundland, and Enrooth. • Nay : Marks . Motion carried. Mr. Soth pointed out several areas of potential problem with the word- ing of the proposed joint purchasing agreement for the fire pumper . He recommended several changes in wording in the document and indicated he would research another question about procedure with the Plymouth attorney before the document is signed. Motion by Councilman P4arks and seconded by Councilman Enrooth to adopt Resolution 83-041 subject to word changes recommended by the City Attorney and his clarification of procedures before the agreement is signed. RESOLUTION 83-041 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE JOINT POWERS AGREEMENT FOR THE PURCHASE OF FIRE APPARATUS Motion carried unanimously. Prior to the Council meeting that evening, the Council had conducted a public hearing on the City' s 1984 .budget and tax levy and the, Manager had addressed changes in the Water Department budget which had been made in his cover memorandum with the .proposed resolution. Motion by Councilman Ranallo and seconded by Councilman Enrooth to adopt Resolution 83-042 . RESOLUTION 83-042 A RESOLUTION APPROVING THE 1983 TAX LEVY, COLLECTIBLE IN 19.84 AND THE 1984 CITY BUDGET Motion carried unanimously . Motion by Councilman Ranallo and seconded by Councilman Marks to approve the second reading of Ordinance 1983-005 , establishing fee charges for licenses and permit with the changes in wording recommended by the City Attorney in his letter of September 27 , 1983. ORDINANCE 1983-005 AN ORDINANCE RELATING TO MISCELLANEOUS LICENSES AND PERMIT CHARGES, MIENDING .SECTIONS 510 AND 560 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. • A Planning Commission member had raised the question whether the $30 proposed to be charged contractors might be too high for some and Councilman Ranallo indicated he perceives the fee which would only be charged once could easily . be absorbed in the contractor's charges to -11- his customers . Having observed how erratic St. Paul and Minneapolis are in their policing of their permits , the Councilman suggested it would be preferable to keep those controls in the City. Councilman Marks agreed, perceiving by licensing the contractors the City is providing better security for its residents . In his September 27th letter, which had been distributed that evening, Mr. Soth had recom- mended several changes in Ordinance 1983-006 establishing those fees . He told Mrs . Makowske he had suggested rewriting Section 464 : 35 to dispel any misunderstanding about the ordinance 's effect on owner residents ' . ability to do the work on, their own property or to have a friend help without charging for his services . Motion by Councilman Marks and seconded by Councilman Letourneau to approve the second reading of Ordinance 1983-006 withthe exception of items which the City Attorney would research further before the third reading. ORDINANCE 1983-006 AN ORDINANCE RELATING TO CONTRACTORS LICENSES , AMENDING SECTION 40.0 : 00 OF THE 1973 CODE -OF ORDINANCES BY ADDING A SECTION Motion carried unanimously . Motion by Councilman Ranallo and seconded by Councilman Letourneau to adjourn the meeting at 9 :50 P.M. • Motion carried unanimously. Respectfully submitted, He rowe, Secretary a o ATTEST: r City Cle