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HomeMy WebLinkAboutCC MINUTES 02281984 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101906 Box: 21 Folder: CC MINUTES AND AGENDAS 1984 Document: CC MINUTES 02281984 • CITY OF ST . ANTHONY COUNCIL MINUTES February 28 , 1984 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, Enrooth and Makowske. Also present: David Childs , City Manager; William Soth, City Attorney; and, Carol Johnson, Finance Director. The following amendments were made to the February 14th Council minutes : Page 5, para. 5 : Substitute "informal" for "private" in line 5. Page 6 , para. 4 : Substitute "Enrooth" for "Ranallo" in first line. Motion by Councilman Marks and seconded by Councilman Makowske to approve as amended the minutes of the Council meeting held February 14 , 1984 . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to table action on the application for a cigarette vending license for "Poppin Fresh" so staff can clarify whether the license should instead have been issued to "Bakers Square" . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to grant all licenses listed in the February 28 , 1984 Council agenda as follows : Cigarette Vending: Mico Oil Co. Twin City Vending for American Monarch and Berger Transfer Apache Plaza Drug Co. Kayo Oil Bench: U.S. Bench Co. Laundry Vending: St. Anthony Self Service, 2544 Harding St. N.E. General Contractors: Milton L. Johnson Company. Amusement Devices : Perry Amusement for Music 2 in Apache Plaza. Motion carried unanimously. • Motion by Councilman Plarks and seconded by Councilman Ranallo to approve payment of all verified claims as listed for February 28 , 1984 in the Council agenda. Motion carried unanimously. -2- William Bowerman presented. the report of the Planning Commission meeting held February 21st, as reflected in the minutes of that meet- ing. He indicated Ron Hansen had been sworn in as the new member on the Commission and reiterated that the request for a new clubhouse at Gross Golf Course had been tabled for further data. Commissioner Bjorklund arrived later in the evening and when he wondered if the Council had addressed some of the concerns about that project which had been expressed by some of the Commission members, the Mayor told him the Manager is in negotiations with the City of. Minneapolis regarding the renovation of St. Anthony Boulevard. The following action was taken without further input from Mr. Hoversten, who was present: Motion by Councilman Makowske and seconded by Councilman Marks to grant a variance to the City Fence Ordinance requirement -that front yard fences should be no higher than four feet , which would allow Philip Hoversten to retain, but not add to, the six foot fence which partially extends out into his front yard at 2912 - 32nd Avenue N.E. , finding, as did the Planning Commission, that: (.l)_ It appears - that the erection of the fence without a permit was an inadvertent omission when another addition was being con- structed on the property. (:2) The fence would not appear to have a detrimental effect on the property and the unique topography of that particular area would seem to indicate there would. be no adverse effect on the neighbors ' properties and that no precedent for a similar variance in another area would be set. (.3) No opposition to the variance was demonstrated by adjacent or abutting property owners or anyone else during the February 21st or 28th considerations of the request. Motion carried unanimously. William Flaherty, 3208 Rankin Road, was present to discuss his request for a variance which would permit him to construct an attached garage on the west of his existing home so he can convert the existing garage into a family room. Mr. Marks noted there is a home in the same neighborhood which is almost a mirror image of the Flaherty home after these improvements, which is also on a hill. Councilman Ranallo indicated he perceives there would be many more requests of this type in the future and recalled that it had been similar topography which had prompted the Council to approve the Thompson addition on Belden Drive, which, when it was finished, the Council had seen for them- selves, had contributed to the general improvement of the neighborhood. Motion by Councilman Marks and seconded by Councilman Enrooth to grant a variance to William Flaherty which would permit him to construct • the attached garage he proposes on his Hilldale frontage within seven feet of the adjacent property line, finding that: -3- (.l)- The Flaherty house would have been built facing Hilldale if that street had been in when the residence was constructed. (_2) The variance is not based exclusively upon the desire of the property owner to increase the value or income potential of the parcel of land because it would probably cost him more than the property would appreciate in value. (3) There is a hardship created for Mr. Flaherty because he is on a corner lot and, therefore, front. yard setbacks and a rear yard setback are required on three sides of the lot. (4) There was no opposition to the proposal demonstrated at either considerations of the request before the Commission or Council and Mr. Flaherty' s neighbor to the west had testified during the Commission hearing that he favored granting the variance. Motion carried unanimously.. Commissioner Bowerman read the portion of the minutes which reflected the Commission's approval of a conditional use permit being issued to Craig and Mary Belisle to operate a video tape and movie sales and rental store at 2501 Kenzie Terrace. Mayor Sundland said he agreed with the Commission' s recommendation on the condition that the City could designate the location where a drop box could be installed. • The applicant, Craig Belisle , was present and told Councilman Makowske he plans to keep the store open from 11 :00 A.M. to 11 :00 P.M. and to design the drop box in such a manner that the same type of pilfering experienced by other video stores would be impossible. The Manager indicated the hours of the former tenant, the 7-11 Store , had matched its name. . When Councilman Marks told Mr. Belisle that, in the past, the main concern with. approving similar video operations in the City had been the possibility that X-rated materials might be shown or distributed in those stores , the franchise operator assured him that he intends to comply with all City ordinances and if they state there is to be no X-rated materials, "there will be none" . Councilman Ranallo warned him that the ordinance would be strictly enforced. Motion by Councilman Marks and seconded by Councilman Enrooth to grant a conditional use permit to Mary J. and Craig M. Belisle which would allow them to operate a Video Update movie, and VCR rental and sales store, as proposed, at 2510 Kenzie Terrace N.E. , .under the conditions that: (1) There would be no viewing of tapes in the store, except for bona fide demonstrations of tapes and no viewing would be visible from • outside the store. -4- (.2) The proprietors must comply with all state laws relating to obscenity and to any ordinance of the City of St. Anthony there- after relating to obscenity . (3) Conviction of the . owner or any of the employees of the owner for violation of obscenity laws in the operation of the store would be grounds for revocation of this permit by the City Council. (4). Traffic flow information signage ,be installed at the direction of the City Manager. On granting this permit, the Council finds, as did the Planning Com- mission, that: (A) The proposed -use is one of the conditional uses specifically permitted in the district in which it is located. - \ (B) The proposed .conditional;J.use would not be detrimental to the health., safety, or general welfare of persons residing or working in the vicinity or injurious to the property values or improvements in the vicinity. (C) The proposed conditional use is possibly necessary or possibly desirable at the specified location to provide a service or a facility which is in the interest of public convenience and may contribute to the general welfare of the neighborhood or community . • (D) There was no opposition to the permit demonstrated during the hearings before the Planning Commission or Council. Motion carried unanimously. The Commission representative read the minutes which reported the dif- ferences between the Walbon counsel and the abutting neighbor to the west of the property located at the southwest corner of 33rd Avenue N.E. and Old Highway 8 for which Irving Walbon was seeking a subdivision without platting. Many of these points of contention were again aired by Robert Halva, representing Mr. Walbon, and Violet Dorumsgaard, 3612 - 33rd Avenue N.E. , who indicated she "would rather give $2 ,000 to Mr. Walbon tha'h to an attorney to represent her in the difference" . Mr. Soth said he wasn' t sure how much the costs would be for splitting the Walbon property into three parcels in order that Mrs . Dorumsgaard could either buy - or trade two easterly feet of her own property for the 469 . 29 square feet which lies in front .of her picture window. He advised the Council that Hennepin County would have to approve any splitting of' Torrance property and would probably disapprove if the split resulted in a property description which was too complicated, which Mr. Soth is certain the City wouldn't want either. This, the Attorney said, might well be the case if the interior lot line were angled to produce two buildable lots after the triangle is removed to straighten out Mrs . Dorumsgaard' s property. In any event, the City -5- • Attorney advised none of this should be a legal concern of the City and a decision on the request for subdivision without platting would be made independent of any negotiations between private parties . Com- missioner Bowerman concurred, saying it had been the decision of the Planning Commission that the only question they had before them was whether to recommend the subdivision without platting of a parcel which could result in two buildable lots of approximately 9 ,.600 and 11,000 square feet. The recollection was that the triangular piece of the property had originally been created when the County had contemplated a road improve- ment which never materialized and the Walbons had finally been determined to own the parcel and had paid back taxes for ten years on it. Mr. Halva stated his client would be willing to accept any drawing of lot lines the City wants and tabling the matter would be no problem since there are no plans to build on the property at this time . He added a delay would give him an opportunity to research just what limitations the County would place on drawing the lot lines and to- continue negotiations with Mrs.. Dorumsgaard, who had also indicated she wanted the matter tabled. Councilman Ranallo again indicated his concern about creating a non-conforming lot. Motion by Councilman Ranallo and seconded by Councilman Enrooth to table action until the March 13th Council meeting on the Walbon request for subdividing without platting of their property on the corner of • 33rd Avenue N.E. and Old Highway 8. Motion carried unanimously. The consideration of the final plat for the Midland Park Addition included a discussion of the berming for that office building signage . Councilman Marks indicated he perceived it had been that signage , along with the .signage for the real estate office on Silver Lake Road, which had been the impetus for the new Sign Ordinance.. Councilman Enrooth said he believed the berming for the Midland Office building signage had in the long run been validated with the final elevations for County Road C. Motion by Councilman Marks and seconded by Councilman Ranallo to, approve the final platting of Lots 3 and 4., Block 2 , St. Anthony Office Park Addition (.281.7 Anthony Lane South) as the Midland Park Addition, which would combine- the two lots and officially transfer a 60 foot X 212 . 46 foot tract of land to the westerly abutting property. Motion carried unanimously. Joann Nelson, President of Recycling Unlimited discussed her offer to provide curb-side pickup for recyclable materials in the City, as her non-profit company is now doing in Minneapolis- and St. Paul and other suburban .communities . Sheindicated she would like to begin • the service in St. Anthony in April, at the same time the program is initiated in New Brighton , and Ms . Nelson indicated she hoped, in the interim, a publicity program to educate the residents about the service would be undertaken by the City . -6- Her 6- Her companion distributed copies of The New Recyclist newspaper put out by Recycling Unlimited which provided a recycling guide and list- ing of materials which the president said could be utilized for the City pickup. She said she would have no problem with signing a per- formance agreement since her firm's policy is to return immediately to pick up any materials which might have been inadvertently missed with the first collection. . The Public Works Director had addressed the proposal in his February 22nd memorandum to the Mayor and Councilmen and had advised he had informed Ms . Nelson that she would have . to obtain a garbage hauler license to operate in the City . Mr. Childs indicated the fees could be waived because a non-profit agency. was. involved. The firm president told the Council her company offers work opportuni- ties for youths and hard-to-employ people and indicated the residents ' interest in the program in other communities had almost negated pro- blems with kids scavenging the materials which are set out for pickup. To date , her company had even had no problems with picking up used oil, as long as it is put out in tightly fastened plastic bottles and Ms . Nelson reported that, although batteries. had to be handled very carefully, they were also recyclable. Motion by Councilman Ranallo and seconded by Councilman Marks to authorize the curb-side pickup of recyclable materials in the City by Recycling Unlimited and to grant them a garbage hauler' s license • for- which the license fees would be waived because the firm is non- profit. The motion also directs staff to develop a performance agreement covering a year' s service to be signed by the firm' s representative and to publicize the availability of the service in the community. Motion carried unanimously . Councilman Enrooth commented that now that it' s too late .for input into the planning for the County Road D project, residents are making more calls expressing their concerns about the design, etc. Mr. Childs indicated the plans available for review in the City Hall are the final plans for the project. Councilman Marks indicated he had learned at the last meeting of the Board of Directors for the Youth Service Bureau that the hours of a counselor had been cut back because of lack of funds . He said the former Mayor of Falcon Heights had made an empassioned plea that the program be continued somehow and the Councilman added that the group ' s representatives would soon be presenting a request for support from St. Anthony. , The February 22nd staff notes were:.!accepted as informational. Mr. Childs reported the City ' s Community Development Block Grant allocation for 1984-85 had been cut back from $44 ,000 last year to $36 ,962 for 1984 . -7- Motion 7- Motion by Councilman Marks and seconded by Councilman Ranallo to schedule a public hearing before the Planning Commission March 19 , 1984, where resident input would- be sought regarding the projects which would be funded from the City ' s Year X CDBG allocation. Motion carried unanimously. In his February 27th memorandum, the Public Works .Director had advised the Council that after televising Well #2, which is to be abandoned, the State Health Department had recommended that concrete grout be used as fill and that Layne Minnesota had given a quote of $3,741 for the grout, equipment and some of the labor. Mr. Childs said that there would be no need for a ready-mix truck to stand by. Motion by Councilman Marks and seconded by Councilman Ranallo to accept the quotation from the Layne Minnesota Company for filling Well #2 , with costs not to exceed $4 ,000 . Motion carried unanimously . Mr. Hamer had advised in his February 24th memorandum, that he had received three bids for the air conditioning unit which would be installed on the roof in conjunction with the Police Department office remodeling project and had recommended the lowest should .be accepted. Mr. Childs indicated the bid .did not include the wiring which he believes he can get done for a couple hundred dollars by a contractor • who has previously done work for the City. Motion by Councilman Ranallo and seconded by Councilman Enrooth to accept the bid of $2 , 792 and award the contract to Maple Grove Heating and Air Conditioning, Inc. to furnish and install a carrier roof top air conditioning unit for the new police offices . Motion carried unanimously. The Manager reported the 1984 union contract with the Fire Depart- ment represented a 4. 2 percent raise in wages and $15 per month towards insurance. Motion by Councilman Ranallo and seconded by- Councilman Marks to adopt Resolution 84-015 . RESOLUTION 84-015 A RESOLUTION RATIFYING THE 1984 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320 , REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Motion carried unanimously. • Mr. Hamer had reported in his February 24th memorandum that the pro- blems which had developed at the 33rd Avenue pressure station would require the installation of a flow meter to control the pressure and -8- had 8- had recommended the City accept the lowest bid for the job. Motion by Councilman Ranallo and seconded by Councilman Marks to accept the bid of $1, 773 from Munitech, Inc. for the equipment and installation of the flow meter which would be paid from the City Water Repair Fund. Motion carried ,unanimously. The Marketing Report from the Council/School Board Marketing Committee had been included in the Council agenda and consideration was given to the recommendations for further action and that the name of the Parkview Community Center more accurately reflect the desire of the City residents that the community remain a "village" rather than a "city" . Mr. Childs indicated the school board had already authorized the name of the building be changed to "St. Anthony Village Community Center" for which signage . is being planned. The Council concurred with the Committee that their numbers should be expanded to include other personsfrom the community who had special expertise to market the community. Mayor__Sundland_"indicated he .would -like to__see the new body developed to resemble the Kenzie Terrace Task Force, without which he is certain the Kenzie Terrace Redevelopment Project would never have materialized. Motion by Councilman Marks and seconded by Councilman Enrooth to adopt the Joint School Board/City Council Marketing Committee Report • and to instruct staff to begin implementing the report recommendations . Motion carried unanimously. The Manager announced there would be a Metro Waste Commission meeting on chemicals March 15th. He also reported that at the last meeting of the Municipal Caucus that body had developed a resolution which would urge the State. Legislature to freeze local aids at their 1984 levels , at least until such time as the legislators "can undo some of the damage which . had been done to some suburban municipalities" . Motion by Councilman Marks and seconded by Councilman Makowske to adopt the resolution which urges the State Legislature to freeze all local government_; aids at their 1984 levels for 1985 and to request the reconsideration of the aid formula be initiated at the next legis- lative session. RESOLUTION 84-016 A RESOLUTION RECOMMENDING THAT THE STATE OF MINNESOTA LOCAL GOVERNMENT AID FORMULA BE FROZEN FOR FISCAL YEAR 1.985 Motion carried unanimously . Mayor Sundland reported MayorFranFogarty of Blaine had requested the • City 's support for a race track in Blaine , for which Mayor Sundland -9- • perceived there would be little 'interest on the Council. Councilmen Ranallo and Makowske , indicated they would have no interest in sup- porting such a facility any where else either. Motion by Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 9 : 30 P .M. for the St. Anthony Housing and Redevelopment Authority meeting which was scheduled to follow im- mediately . Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary j4e Mayor ATTEST: • City Clerk i .