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HomeMy WebLinkAboutCC MINUTES 10231984 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101870 Box: 21 Folder: CC MINUTES AND AGENDAS 1984 Document: CC MINUTES 10231984 CITY OF ST. ANTHONY • COUNCIL MINUTES October 23, 1984 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Ranallo, Sundland, Enrooth and Makowske. Marks arrived at 7:37 P.M. Also present: David Childs, City Manager. The following changes were made in the October 9th Council minutes: Page 6, para. 4: Insert "different" between "a" and "type" in line 2. Page 6, para. 6: Substitute "cautioned" for "warned". Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve as amended the minutes of the Council meeting held October 9, 1984. Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to grant the following licenses as they. were listed in the October 23rd Council agenda: • Motor Vehicle Starting Murphy's Service Center. Heating Hayes Contractors, Inc. Contractors J.J.T.H. , Minneapolis; Gamber Roofing- Co. , Minneapolis; Steenberg-Henkel Construction Co. , St. Paul ; and Central Roofing Co. , Minneapolis. Motion carried ;unanimously. Motion by Mayor Sundland and seconded by Councilman Enrooth to table the application for a temporary 3.2 beer and Bingo permit for the St. Charles Mardi Gras in February. Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman 'Marks to approve payment of $26,304.16 to the Metropolitan Waste Control Commission for the installment due May 1 , 1984 for sewage treatment services during April , 1984. Motion carried unanimously. -2- Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of • $1 ,372.49 to Short-Elliott-Hendrickson, Inc. for engineering services on the water connection with Roseville from July 29 through August 25, 1984, for which the City would be reimbursed from the Superfund monies. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve payment of all verified claims listed for October 23, 1984 in the Council agenda of the same date. Motion carried unanimously. Doug Jones gave the report on the Planning Commission meeting held October 16th, as reflected in the minutes of that meeting. He noted that the required dividers are now being installed in the Equinox garages. The Commission had unanimously recommended the. Council grant Michael Anderson a two foot sideyard setback variance which would enable him to replace the 191.0 storm damaged structure on the 47 X 156 foot lot at 2608 - 33rd Avenue N.E. with a 34 foot wide home which the petitioner intends to sell , Commissioner said. He indicated the primary reason the Commissioner members had little or no problem with the proposal had been that fact that Mr. Anderson had agreed to site the house closer to his west property line where it would abut the back yards of the property the Hertog's propose to develop for residential lots along Edward Street N.E. Mayor Sundland reported assuring Mrs. David Taylor, '2700-33rd Avenue N.E. , who lives • just east .of the subject property, that the Anderson house would be built eight feet away from her property line. Mr. Anderson was present and confirmed -that the house would be built no closer. The petitioner indicated he would have preferred to have a four foot variance to work with, but understood why the City would be reluctant to give him any more than two feet. When Councilman Ranallo questioned- whether the City might be setting a precedent for 47 foot wide lots for the Hertog -property, the Manager told him that property had originally been platted for 50 foot lots, but, as indicated on the preliminary plat for their property, which had been included in the agenda packet, the Hertog's intend to develop 70 foot wide (or larger) lots instead. Motion by Councilman Makks and seconded by Councilman Enrooth to grant a two foot variance to the City Ordinance requiring 15 foot sideyard setbacks to Michael C. Anderson, 720 Sycamore Lane, Plymouth, MN, for the 34 foot wide home he proposes to construct on the lot of record. at 2608-33rd Avenue N.E. to replace the smaller home which had been severely damaged in the April 27th tornado, on the condition the house is sited to provide an eight foot sideyard setback on the east and five foot setback on the west, as requested by the neighbor to the east. In granting this variance the Council finds, as did the Planning 'Commission, that: 1 . The subject property conforms to the City Ordinance requirement for total square footage; • 2. There was no opposition to the project from any of the neighbors and the two most affected property owners had provided input on the location of the proposed house; -3- 3. The purpose, of the proposed variance is not based exclusively. upon the desire. of • the owner to increase the value or income potential of .the parcel of land;, and, 4. The precedent for allowing substandard lots of a similar size had already been established in the same neighborhood and the perceived hardship could be considered to have been- caused by the City, and not. by persons having an interest in the parcel of land. Motion carried unanimously. The Commission spokesman next reported that all but one of the Commissioners (.Hansen had abstained) had voted to recommend the Council approve the request from Commissioner Hansen for a sideyard setback variance which would allow addition to an existing one car garage to within. four feet,. three inches of his west property line at 2704-32nd Avenue N.E. , where ten feet would be required.. by the City Zoning Ordinance: Com- missioner Jones indicated the main reason the other Commissioners had not objected to the expansion had been that thegarage would face another detached double garage and the back yards of homes which front on Wilson Street N.E. Ron Hansen was present to discuss his addition plans, which had- been included in the agenda packet, and confirmed that .the resultant garage. would be smaller than the normal double garage and that he had a full five foot sideyard setback on the east side of his home. In response to the comments about the i-naccessibi.lity between the two garages for emergency vehicles, Councilman Marks indicated he perceived the City had never • realistically addressed that ordinance requirement since the practice city-wide had been to permit people to plant trees and shrubbery, and even fences, on the back of their lots- which would make them inaccessible_-for emergency vehicles., There was a general concurrence that this was a valid assessment of the existing situation in St. Anthony. Motion by Commissioner Ranallo and seconded by Commissioner Marks to grant the requested five foot nine inch. sideyard setback variance to the City Ordinance requirement for 15 foot- sideyard setbacks to Ronald L. Hansen which would allow him to make the garage and family room addition he proposes on his home at 2704-32nd Avenue N.E. , finding, as did the Planning Commission, that: 1 . The proposed garage addition would be adjacent to a free standing garage on the west and would not now, or likely ever, be adjacent to living quarters on that property; 2. Permitting a two car garage would bring the structure into conformance with the City Zoning Ordinance; 3. The original purpose of the City Ordinance requiring sideyard setbacks large enough for emergency equipment and vehicles to gain access to the property would not be a valid consideration in granting this variance because, with the line of utility poles in the area behind the two garages, such access would necessarily have to be. on the other side of the house; 4. The purpose of the proposed variance is not based exclusively upon the desire of • the property owner to increase the value or income potential of the parcel of land, since it is perceived the cost of construction would exceed what the property would. appreciate because of the improvement; and, - -4- 5. There were no neighbor objections to the variance and, in fact, the applicant • had submitted a petition signed by six of the adjacent and abutting property owners which indicated they had no objections to the proposal and supported granting the variance for the garage addition as proposed. Motion carried unanimously. At the conclusion of his presentation, Commissioner Jones reported he had talked to Richard .Stroncek, owner of the Rexall Drug in Apache, who had indicated his store was being forced out of the shopping center so a cut rate drug company could operate in the mall . The Commissioner indicated he recognized,that the City could not dictate the type of businesses which could operate in Apache, nor could the Council make any official statements about a matter which was in litigation, but he requested that during any future discussions with Apache management they be made aware that there is a great deal o Vcommunity. disappointment that this long time merchant would no longer be operating in the center and providing the personalized service related to medications. Before the October 9th St. Anthony Chemical Abuse Information Committee minutes were ordered filed as informational , Councilman :Marks reported that by the time he had gotten away from.the Council meeting that evening, the meeting had been adjourned, but in the meantime, he had gotten an agreement from.the Committee members to change some of the future meeting dates to avoid conflicts with Council meetings. The September Financial Report was also ordered filed. • Don Hickerson, Chief of Police was present for the consideration of the August and September Police Reports. The Mayor told him he was pleased with the new report format and its inclusion of the dispositions of 'litigations. He asked the Chief to extend the Council ' s, thanks for such informative reports to Captains Engstrom and Thoemke. The Council concurred that the cover page should be continued on a monthly basis and used to make an annual summation at the end of the year. Chief Hickerson reported he had developed a slide presentation on burglaries in the City which would be given to the. Kiwanis Club the next day .and to the Council at a later date. The Chief indicated he also hoped to give his presentation to neighbor- hood- groups in the hopes of getting residents interested in establishing the Crime Watch program in their neighborhoods. Some of the slides are graphic examples of burglaries where forced entry was unnecessary' s.ince doors and garages were left open and in one case the garage door opener button had been installed on the outside of the building. During the consideration of the October 17th staff notes, Mr. Childs indicated he perceived there had been some misunderstanding about the cheese shop in the liquor warehouse.. He said the proprietor of the establishment also owns Bev 's Cheese House in Apache, which was closed down by the tornado and she leases her store space from the liquor operation. The October 16th letter from the .Ramsey County Commissioners sought nominations for the position on the Rice Creek Watershed District Board of Managers which is now held by a New Brighton resident, whose, term of office expires in January. The . Manager indicated he perceived there might be a strong case for having a district • manager from the St. Anthony portion of Ramsey County and he agreed to research -5- the qualifications for that position when Councilman Enrooth expressed an interest in • serving, if he is qualified. Councilman Makowske commented that Erling Weiberg, who had served as one of the City's technical advisers on the Watershed District study commission might also be a good candidate. The Association of Metropolitan Municipalities ' report on metropolitan activities of interest to its members was noted and ordered filed. as 'informational . Mr. Childs reported the agreement with Max Saliterman for the purchase of the Mimosa Restaurant property calls for a $25,000 .option payment on November 1st, which the H.R.A. does not have. He said he would research the possibility that there might be CDBG funds available for this purpose, but, in the meantime, recommended that funds be loaned to the H.R.A. from the City. Motion. by Councilman Marks and seconded by Councilman Ranallo to set up a transfer of $25,000 at 10% interest from the City's General Reserves Fund for a period of 12 months, or until the transfer of the Mimosa property is completed. Motion carried unanimously. Because the new state law regulating charitable gambling would not go into effect until March of 19.85, the Manager reported there would be an- interim time period where local charitable organizations in the City would not be able to operate their usual fund raisers under the Ordinance the Council had adopted at their last meeting. Mr. Childs distributed copies of the proposed Ordinance amendment which had been drawn up by the City Attorney under which temporary gambling permits could be granted • at the Council 's discretion until next March. The Manager suggested a $100 application fee would be reasonable to cover administration costs. Motion by Councilman Marks and seconded by Councilman Makowske to waive the second and third readings and adopt Ordinance 1984-006 which becomes effective October 23, 1984, and to impose a $100 application fee for gamb-ling -permits to cover administra- tive costs. ORDINANCE 1984-006 AN ORDINANCE RELATING TO GAMBLING DEVICES AND.RAFFLES; AMENDING SECTIONS 445:00 THROUGH 445:35 OF THE 1973 CODE OF ORDINANCES, AS AMENDED Motion carried unanimously. The St. Charles application for a temporary 3.2 beer and Bingo permit was removed from the table. Motion by Councilman Enrooth and seconded by Councilman Ranallo to grant a temporary 3.2 beer permit as well as a Bingo permit under Section 445:00 of Ordinance 1984-006 to St. Charles Borromeo Women's Club for the Mardi Gras to be held on church property at 2420 St. Anthony Boulevard, February 16 and 17, 1985, as proposed, and to waive the application fees for the permit.:. Motion carried unanimously. • Mr. Childs indicated he had received a verbal request from the St. Anthony Legion that a gambling permit be issued them for their fund raising efforts. -6- Motion by Councilman Makowske and seconded by Councilman Ranallo to approve a license • under Section 445:00 of the City Ordinance for the fund raising gambling events sponsored by the Legion in their clubrooms at 2701 Kenzie Terrace N.E. , for which a $100 application fee would be charged. Motion carried unanimously. The water and sewer bills, which had gone out that week, represented a 47% sewer rate increase and a 12% water rate increase. The billings also spelled out that of the money received by the City for sewer charges, 19%went for City costs and 81% would be. passed through to the Metropolitan Waste Control Commission, according to the Manager, who tol-d;'Councilman Makowske the Public Works Director had partici- pated in the calibration of the metering stations. However, he noted that. the rate of increase in the MWCC charges to the City had slowed appreciably since their representatives had met with the Council . Councilman Makowske reported on her attendance at the October 17th Ramsey County League of Local Government where Chuck Wiger, the City's representative on the Metropolitan Council , had reported on the Metro Council- and its effectiveness. They City Council member indicated she had been impressed with the discussion of pro- vision of transportation for the elderly, which Councilman Makowske perceived should be a concern of City officials as well . In lieu of a lengthy verbal report on the meeting, the Councilman -indicated she would be passing around pieces of literature she had collected at the meeting which might be of interest to the rest of the Council and Mayor. Mr. Childs said he believes an insurance settlement for the Hertogs ' property would be made very soon and he anticipates the owners would be in during November to present their proposal for replatting their property into seven residential lots. The Manager has had no further information regarding the Johnson plans. Mayor Sundland indicated he and Mr. Childs would be meeting w1th the Metropolitan Airport Commission Noise Abatement Staff the following morning and said he intended to request the Commission take sound measurements in the City, as they have in other communities, so City officials would have objective points of reference for dis- cussion with residents who call complaining about the airplane noise levels over St. Anthony. In his. October 8th memorandum related to the Sister Cities International , the Manager had reported that there had been over 10 community organizations who had expressed a desire to be represented on a proposed committee related. to the Sister Cities program. Mr. Childs had also indicated he perceived there would be no problem with justifying the expenditure of $100 for membership fees with such a positive response from the community and had given his recommendations on how the advisory committee should be set up and administered by the Council . When the discussion turned to the selection of a Sister City for St. Anthony, Councilman .Makowske commented that, with the level of interest in the program which had been demonstrated by such a varied cross section of the community, she perceived there would probably be no reason for limiting the contact to only one city. Motion by Councilman Ranallo and seconded by Councilman Marks to authorize the City's participation in the Sister Cities International Program by payment of the $100 membership fee; to set up a Sister Cities Advisory Committee .made up of representa- tives from the various organizations who have indicated an interest in participation -l- in the program with selection as proposed by the City Manager, and finally, to • designate Mayor Robert Sundland to head this committee and represent the Council on the Committee. Motion carried unanimously. The P.E.R:A. resolution which had been discussed at the last Council meeting would be on the November 13th Council agenda, according -to Mr. Childs. Motion by Councilman Marks and seconded by�':Councilman Enrooth to adjourn the meeting at 8:50 P.M. .for the St. Anthony Housing and Redevelopment Authority meeting which followed shortly. Respectfully submitted, Helen Crowe, Secretary /f or. • ATTEST_ : ,,Gt�,w?/ �. ILA City Clerk