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HomeMy WebLinkAboutCC MINUTES 12041984 s { •' 1 � i Meeting Sheet 101866 -_f :j BOX: 21 Folder: CC MINUTES AND AGENDAS 1984 Document: CC MINUTES 12041984 } .i i I {i A • 7f CITY OF ST. ANTHONY • COUNCIL MINUTES December 4, 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 Don Hickerson, Chief of Police. During the discussion of the -November l3t.h Council minutes, reference to Councilman Enrooth's possible appointment to the Rice Creek Watershed District Board of Mana- gers, the Councilman indicated this could not, be. because city officials are prohibited from serving on that board. The following amendments were made to those minutes: Page 3, para. 3: Substitute ".and would make" for "made" after "contamination" in line 11 . Page 3, para. 7: Substitute "grievance with a member of" for "contract with" before "the Fire Department" in line 1 . • Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve as amended the minutes of the Council meeting held November 13., 1984. Motion carried. unanimously. The May reported the applications for gambling licenses for Legion groups as well as the permit to sell Christmas trees, all of which were listed in the Council agenda, had been withdrawn. Motion by Councilman Marks and seconded by Councilman. Makowske to grant a' service station license to Rapid Oil Change and a contractors license to Albers Construction, Robbinsdale, Minnesota. Motion carried unanimously. - To avoid having those charges transferred to the City's 1986 billings, Mr. Childs indicated he would be paying all the past due Metropolitan Waste Control Commission charges before the end of the year. Motion by Councilman Makowske and seconded by Councilman Marks to approve payment of the following as they were listed in the December 4, 1984 Council agenda: The December 4th listing of verified claims; $406.85 to Dorsey & Whitney for legal services during October, 1984; $26,304.16 to the Metropolitan Waste Control Commission as payment of their June billing for sewer discharge treatment; and • $1 ,549.75 to Edward J. Hance for prosecution costs incurred from October 4 to November 7, 1984. Motion carried unanimously. -2- Bill Zawislak,, Chairman of the Planning Commission was present to report on the Commission meeting held November 20, 1984, as reflected in the minutes of that meeting which were included in the agenda packet. The Commission had unanimously recommended Council approval of both the unit density variance required to construct the proposed 116 unit senior rental housing structure, Chandler Residences, and the preliminary platting of' the Hertog Gardens into seven residential single family lots, Chair Zawislak reported, and neither project had generated neighbor opposition. .The Manager .had written cover memorandums explain- ing the proposals and had supported the Commission's recommendation of approval in each case. When the question was raised about the reference in the minutes to the height of the- apartment building being shortened.with the addition of 32 -units, Chair Zawislak explained that there would really be no change but the Commission had not wanted to specifically .identi,fy the project height as- 32 feet or four stories on the 37th Avenue N:E. side, for fear the roof treatments and flashing, might add .to that height.- The project architect, Craig- Hinrichs. of Smiley,, Glotter Associates, 102.1 LaSalle- Avenue South, Minneapolis, confirmed that the building plans were for 9 feet, floor to floor, which would be 32 feet and said he did not anticipate the roofage would appreciably affect that height. Mike Miller, Assistant Administrator of the St. Anthony Health Center, a 65 unit nursing home at 3700 Foss Road, whose managing partners were proposing to erect the 116 unit elderly rental residence in conjunction with that facility, reiterated that when a five year moratorium was placed .on, all nursing care facilities in the state, the St. Anthony Health Center owners had gone to market rate rental units • for the elderly who require some degree of assistance to live independently.. Mr. Hinrichs presented the general schematics for the proposal on the image draw- ings of the project which had been shown- to the Planning Commission, drawing special attention to the treatment of the 37th Avenue N.E. side where the congregate living areas and a greenhouse/atrium entrance would be open .to .the view from the street and the residences across -.37th. 'Mr. Miller told the Council he perceived good unit sizes offered to prospective renters ranging from 610 square foot one bedroom to 850 square -foot two bedroom units, and he -told Councilman .Marks, that now with the expanded kitchen and shared eating and activity areas for the two buildings, it was quite possible that the congregate dining could be offered .to other community seniors as well . The nursing home director said the new.- auditorium would be 80 X 40 feet and would seat 130 at a time. The Councilman observed that with '.32 parkingspaces in back of the facility, as well as 39. underground for the residents in addition to the parking in the existing building, there should certainly be adequate parking between the two facilities, and he asked Mr.. Miller to comment on the effect he perceives the improved traffic flows on the site might have on the congestion being experienced on Foss Road. Mr. Miller and Mr.. Hinrichs indicated they. anticipated most of the traffic generated by the new building would exit off Chandler rather than Foss Road; since the major .visitation parking area would becloser to Chandler. When Mr. Miller indicated staff would probably find Chandler the best exit point, the Mayor told him it might be a good idea for the administration.to encourage their staff to do that. The nursing home administrator indicated there had been 200 foot borings taken on • the new project site and, although pilings would not be necessary, Mr. Miller estimated the excavation and fill costs would add at least $250,000 to the project cost, not to mention the drainage the Rice Creek Watershed District might require since that property serves -as a watershed for the whole neighborhood. -3- Councilman Ranallo told Mr. Miller he views this project as such an asset to the community he would support tax increment financing of -those additional costs • which were caused by poor soil conditions on the site. The Assistant Administrator told him the owners haven't finalized their financing yet, but, if the economy tightens up again, they might have to come to the City for Industrial Development Bonds for the project. He added that Congress, wishing to encourage alternate care- for the elderly, had exempted this type of facility from the per capita cap on IDB 's. Tim Pekarek, 3008 Rankin Road, a St. Anthony High School Junion, was present as an observer to get a class credit., and he asked Mr.. Miller how much the project would cost. The response was approximately $41 ,000 per unit, or $5;000,000 for the whole project. Mr. Miller concluded his presentation by telling Councilman Marks he hoped the building would be ready for residency before Christmas of 19.85. Councilman Makowske indicated.she .didn't think the variance for -the free standing sign should be granted before the Council and Commission both had an opportunity to see what it looked like and that portion of the Commission recommendation was stricken from the motion which followed. Motion by Councilman Ranallo and seconded by Councilman Makowske to grant the variances to the City Ordinance which would permit the St. Anthony Health Center, 3700 Foss Road N.E. , to construct as proposed on the plans presented by the project architect, November 20 and December 4, 1984, the 116 unit elderly rental apartment project on the vacant parcel immediately west of, and in conjunction with, the 65 unit nursing home facility on the corner of 37th Avenue and Foss Road N.E. , which would result in 184 units for the entire complex, where 119 would be- allowed • by the City Zoning Ordinance and a four story structure along 37th Avenue N.E. , where only three stories would be permitted under the Zoning Ordinance, finding, as did the Planning Commission, that.- 1 . hat:1 . Because of the .particular physical surroundings, shape or topographical con- ditions of the parcel of land .involved, the proposed variances would relieve an undue hardship, as distinguished from a mere inconvenience, should the. applicable ordinance be strictly enforced; 2.- The-purpose-.-of the proposed variance is not based exclusively on a desire to increase the value or income potential of the parcel of land, but would correct extraordinary-circumstances applicable to this property, but not applicable to other property in the vicinity or zoning district; 3. The alleged difficulty .or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land; 4. There had been no neighbor opposition demonstrated at any of the three hearings on this project; 5. The proposal is.for market rental semi-independent living apartments which would be unique because of their shared supervised living facilities with the existing nursing home; 6. The applicants had addressed the following in their hearings on the request : • a. a good mix. of unit sizes ranging from 535 square foot efficiencies to over 1 ,000 square feet for deluxe two bedroom apartments; b. street access - service access and turnaround; -4- c. parking areas for the two buildings tied-in so as to improve the traffic flow on the property; • d. health and safety provisions, including fire protection; e. handicapped access and seven or eight foot side halls; f. building height not to exceed 36 feet above grade; g. building appearance - matching aesthetics of the existing structure; h. landscaping; and i . floor area ratio and open space. 7. The diminished building height would allow more open space and the siting of the structure still addresses the unique soil and drainage problems on that parcel . Motion carried unanimously. The Planning Commission Chair next reported that the request to replat the Hertog Gardens into seven lots had gained favor with the entire Commission although the member who lived next to the site had opposed attaching a condition to the rec- ommendation which would have mandated undergrounding utility lines to the structures, considering that stipulation to be a waste of time. The applicant was unable to be present for the discussion, but the general consensus was that further input from that. source would not be vital to a decision on the request. Councilman Marks questioned whether a motion of approval should establish a hardship for the project since the majority of the proposed lots would not meet the 75 foot width requirement for residences and Lots 1 and .2 -would be undersized as to total area. Councilman Makowske questioned why the variance request.application form was not used for this project. Mr. Soth told them the preliminary plat would -be approved under the Subdivision not Zoning Code whose requirements are very similar to those in the latter. He read Section 330 of the Subdivision Ordinance which addressed the conditions set for granting variances and suggested the Council might want to specify the lots by number for which the total area variances would be granted. Mr. Childs said he. had scheduled a meeting with NSP representatives that week to discuss the feasibility of mandating underground utilities for the project. Motion by Councilman Marks and seconded by Councilman Enrooth to approve the pre- liminary platting of the seven lot subdivision of Hertog Gardens on Edward Street between 33nd and 33rd Avenues N.E. including the reduced width for all the lots from the 75 feet required by the City. Subdivision Ordinance as well as the proposed square footage for Lots 1 and 2 which would be less than required in that ordinance, as proposed by the applicants and. in the sketch plan drawn up by Lot Surveys Company, Inc. , and contingent upon the provision of. a, five foot perimeter drainage/utility • easement across the project and underground utilities to the structures themselves, if staff research proves:;underground lines to be economically and technically feasible. -5- The Council finds, in granting these variances, as did the Planning Commission, • that: 1 . Many similar lots with smaller frontages, depth, and land area, have been platted and developed in the same neighborhood; 2. The proposed plat would eliminate 50 foot lots which conform to the City Zoning Ordinance in an even lesser degree; 3. The plat would to a large extent eliminate .a legal , but non-conforming, use in this residential area; and 4. No objections to the proposed platting were demonstrated at e3ither hearing on .the request by any of the neighbors who had been notified. The Council further finds in regard to the Subdivision Ordinance related to this type of project that: a. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land; b. That the variance is necessary for the preservation and enjoyment of a sub- stantial property right of the petitioner; and c. That the granting of the variance will not be detrimental to the public welfare or injurious to other property -in the territory in which said property is • situated. Motion carried unanimously. The November 29th staff notes. had referred to the possibility that Chair Zawislak might not seek reappointment to the Commission and this possibility was discussed with him at length. Councilman Makowske indicated she was personally sorry to see a Commission member who had been doing such a good job as Chairman leave that body. She told him she perceived the experience he had gained in the last year had made him even more valuable to the City. Mr. Zawislak responded that he had read the intent of the Council 's setting terms for the Commission member to be that they wanted to get new blood on that body. The Mayor disagreed, saying he perceived the Council 's intention for setting terms had been more of a stability question., The Commission Chair recalled how hard it had been for him to get on the Commission and said his intention had been not to prevent another person, who wanted to serve, from having that opportunity. However, he added he would again apply if no other applications were received for the two positions which would be open next year. Councilman Marks drew on his own experience on the Commission and indicated he perceived experience on the Commission was very important. He suggested that it might be necessary to rewrite the position requirements, so the wording wouldn't discourage first term Commissioners from applying for a second term. Council direction related to the advertising for applicants was deferred until that action came up . on the agenda. -6- Mayor Sundland and Councilman Ranallo touched on 'the highlights of the National • League of Cities conference they had attended in Indianapolis the previous week, specifically addressing the group's lobbying efforts towards water contamination legislation and a proposed bill which would make a national apology to the native born Japanese who were confined in internment camps during the war with Japan. The Mayor indicated he would be circulating two packets of information on the conference among the other Council members. When he reminded the Council that Mr. Childs ' contract would be coming up the first of the year, Councilman Marks suggested the same method as used last year should be employed this year and that Councilman Enrooth repeat his service as one of the two Council members who would discuss the matter with Mr. Childs; with Councilman Makowske to replace Councilman, Marks in those discussions. The meetings would be scheduled with the Manager. at his convenience. She would be unable to attend the holiday banquet sponsored by the Ramsey County League of Local Governments, December 19th, Councilman Makowske indicated, and she asked whether any one else would like to take her place. Councilman Enrooth said he too would be unable to attend the meeting of the Rice Creek Watershed District because it was being held at the same time as the Council meeting that evening, but he indicated he would make a report on the minutes of that meeting as soon as he can. The Mayor reported the:)' �Sister Cities meeting had been held November 14th with a fairly good attendance and- that representatives- of community organizations who had been unable to come had called later to reaffirm their commitment to the program. • He said he perceived the general feeling of those who' were in attendance was the first contact city should be from a European, rather than Third World or South American country. Ms. Polivka had indicated she had a long list of such -cities in which the City organizations might be interested and, Mayor Sundland said, another meeting would be called to get the particulars about some of those cities from which the City's selection could be made. Councilman Ranallo indicated he perceived this might be an interesting story for the Bulletin and Northeaster readers. He then drew to the attention of Larry Jones, _ the Bulletin reporter, - thefact that his paper had again mistakenly inferred that the cheese shop which operates in the same building as the SAV liquor warehouse, is City owned. Councilman Marks, who conducts the government training sessions for newly elected city officials, reported a heightened interest in those seminars to the extent additional sessions had to be scheduled to be held on the- University farm campus. He also reported the attendance at the Brainerd session the next day, was anticipated to be between 30 and 40 persons. The Councilman also reported he had been appointed to a special study group which would specifically research the planning and zoning which had gone into a Shorewood development project. The focus of one of the future sessions would be to bring entrepreneurship into local government, Councilman Marks said. In his report on recent activities of the Youth Service Bureau, the Councilman indicated a search committee has been established to find a replacement for Chris • Clausen who has resigned as Director to become a lobbyist for youth service agencies. Councilman Marks indicated he had received an invitation to attend the charter meeting of a Rotary Club in New Brighton and understood the group is looking for -7- membership in St. Anthony. The Mayor agreed with the Councilman that there would probably not be enough interested people to support another business club in the • City now that the Chamber of Commerce had been reorganized so successfully in St. Anthony. In his November 9th. memor.andum, Mr. Childshad extensively reported on the contro- versy which had developed around the request from the Fosston Townhouse Board of Directors for the restriction of all parking on the east side of Foss Road immediately adjacent to the townhouses." The Manager had also included in the agenda packet copies of correspondence between himself and the ..residents of the townhomes, including those whose homes abut the roadway who oppose the "No Parking" signs; Caravelle apartment owners and residents who support the signs, and the St. Anthony Health Center, whose staff and visitors normally avail themselves of the one hour parking permitted along the west side of Foss Road. A copy of Chief Hickerson's November 14th recommendation to Mr. Childs that parking only be -restricted within the 30 feet' of roadway north of the 37th Avenue N.E. intersection where the fire hydrant is located and not on the additional 94-1/2 feet of roadway beyond the Fosston driveways, since cars parked on that area would not interfere with vehicles turning onto 37th Avenue, had been attached to the Manager's recommendation to the Council . Mr. Childs ' October 29th letter to all interested parties inviting them to attend the Council meeting had also -informed them that the requested signs had been removed until the Council had an opportunity to sort out the strong divergences of opinion about the signs between the Fosston Townhouse Association and the six townhome owners most affected by the erection of the signs. There were about a dozen people present to represent those who favor or opposed the signs. Mrs. R. E. Dobrzynski ,-Pr_esident of the Fosston Association, Inc. and two • residents of the townhomes who support the retention of the signs, which they per- ceive to be essential to driver and walker safety along that street, and Mr. and Mrs. John Madden and Eugene McDonough who spoke for the homeowners along that particular 'stretch of roadway who reject the signs ' necessity and perceive their erection as "unjustified, as they would deny us the guest .parking the adjacent . Caravelle Apartments complex enjoys, " were present to discuss their differences. A neutral viewpoint was provided by..Mr. Mike Miller, the nursing home representative who had remained for the purpose of finding out just what the City intended to do on Foss Road. The City had received a petition for the signs which had been signed by 40 Caravelle Apartment residents, as well as. a letter from the Caravelle owner, supporting the restricting of parking in front of the townhomes. Mrs. Dobrzynski indicated her unhappiness that the signs had been taken down after the City had heard from a minority of the townhome owners, especially John Madden, who she perceived as having an undue influence on the Council , opposing the signs. Mrs. Dobrzynski indicated she believed the.-Council should take into account the fact that there would be only 25 feet of roadway.between curbs on Foss Road once it snows, and there would be less than 17 .feet for vehicles to pass between cars parked on both sides of the street: She indicated many of the residents along the street are elderly and find passing in that limited space to be very difficult. She and Mrs. Koch emphasized .the difficulty experienced by bus riders trying to avoid being hit walking home from the bus line. The Association President said the residents who were opposing the 'signs already had more, parking spaces available to them than the rest of the townhome residents and she questioned why they couldn't park across the street in the one hour parking. Mrs. Dobrzynski believed those residents ' reaction to be a selfish one. • John Madden responded by saying he could see the need for restricting parking near the intersection and fire hydrant but not that which would prohibit parking in an area he measured to be at least 124 feet away from the intersection. Mr. Madden indicated he perceived Foss Road to. be the same diwth as other residential streets -8- in the community where parking is permitted on both sides of the street. He added that parking is restricted on Chandler Drive only because that is a truck and MTC • route. The sign opponent distributed a colored photo of the street which showed two cars passing easily between parked vehicles on both sides of the street. Mr. Madden concluded his input to the discussion by commenting that he believed the Caravelle signatures should not be considered as. relevant to the decision since the apartments are too far north of the townhomess to be affected by the parking in front of Fosston. Mr. McDonough agreed with that assessment and reported he had measured the street and found it .to be 35 feet wide. Mrs. Madden supported the staff's removal of the sign north of the driveways. Chief Hickerson cited the traffic accident report for the past five years for Foss Road and similar residential streets near Foss, all of which intersect 37th Avenue N.E. Foss had fewer accidents than Highcrest, Edward, Belden, or Macalaster and the Chief said parking had been a factor in none of the incidents on Foss :Road. He also said, if traffic counts on Foss had been taken, they had been done by Ramsey County in conjunction with the rebuilding of 37th and he would have to get those figures from them. Mrs. Dobrzynski responded that she did not consider Foss Road, which serves two townhome complexes, an apartment complex, and a nursing home, to be a typical residential street. Ms. Getman said most of the Caravelle residents drive all the way around to Chandler to avoid the Foss Road slope onto 37th in the winter. She responded to Mr. McDonough's statement that there are sidewalks on Fosston property which walkers could use, if they were only shoveled, by saying these "internal pathways" have never been shoveled because residents oppose the implementation of an assessment to keep them cleared. Mrs. Koch reiterated the • difficulty she and another Fosston resident experience trying to get home from the bus line in the winter because the snow storage narrows the roadway between parked cars. It was her contention that during a winter like the previous one, there was no way the Fosston sidewalks could be kept open. Mr. Miller recalled that at one time all parking on the west side of Foss Road had been prohibited. He commented. that the nursing home administration had recognized the parking problems on that roadway and had built a blacktop apron for guests to park who wished to use the Foss Road entrance to the nursing home. . Chief Hickerson told those present he had not been aware of the controversy when he had made his assessment of need for parking in that area, and still maintained the only sign which was essential for safety was the one near the busy intersection. He concluded by saying 90% of the residential streets in the City are the same width as Foss Road and those residents all have to walk on the streets, even when they get narrower after it snows. He questioned _whether the fact that drivers might have to wait for another vehicle to pass really constituted a good. enough reason to justify restricting all parking away from the intersection traffic. The general consensus of the Council and Mayor was that it would be very difficult to not support the staff recommendation on this matter and they agreed it might be advisable to monitor the street during the different seasons to see if there is enough concrete evidence to justify the Council 's taking another look at the Association's request, probably after the rebuilding of 37th is completed. Motion by Councilman Enrooth and seconded by Councilman Marks to implement the City • staff's recommendations to put up only one "No Parking" sign on the east side of Foss Road between the intersection of 37th Avenue N.E. and the Fosston driveways and to institute a study for the next four months which might provide justification for reconsideration of the Association's request in the spring. -9- Motion carried unanimously. • Chief Hickerson answered the questions the Council members had about the October Police Reports. He agreed -to find out why there were discrepancies in the number of. warrant arrests and told Council-man Marks most of the alarm calls originated with the J. C. Penny store in Apache or the banks. He reported his department is taking steps to disconnect .the store's alarm system. since the charges for those calls have gone unpaid but said the City is forced to respond to all bank calls no matter how many are mistakenly set off by employee carelessness. The Chief said he would see that patrolmen are identified by name not badge number on future reports. The Police Report, as well as the October Financial Report, were ordered filed as informational along with the November '28th staff notes, following a brief dis- cussion of some of the items which had been reported, some of which were addressed later on in the agenda. The Manager reported the additional $6,563 CDBG .funds would be utilized by the Kenzie project. An indepth consideration of the costs for participating in the comparable worth study proposed by, the Metropolitan Area -Management Association followed, with Mr. Childs indicating the $5,000 expenditure would be worth having the study the legislature had mandated, done right. Motion by Councilman Ranallo and seconded by Councilman Enrooth to support the MAMA joint Comparable Worth Study, as recommended by the City Manager. • Motion carried unanimously. Because Councilman Enrooth raised the question about whether. the City-'.s repre- sentative to the East Side Hennepin County Services Commission might have moved out of the City, Councilmen Ranallo and Marks withdrew their motion reappointing Roger Leppla to another two year term and the Council took the following action instead: Motion by Councilman Marks and seconded by Councilman Makowske to table action on the appointment of the City's representative to the East Side Hennepin County Services Commission until staff has determined the residence of the present representative. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Makowske to direct staff to advertise that the City is seeking applicants to fill the two positions which would be open on the Planning Commission in 1985 and to set 12:00 noon, December 28, 1984,. as the deadline for accepting applications.. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Makowske to adopt the resolution which would apportion special assessments for the storm sewer project along County Road D to parcels which had been 'replatted for the-rebuilding of that roadway. • RESOLUTION -84-050 A RESOLUTION RELATING TO THE APPORTIONMENT OF SPECIAL ASSESSMENTS FOR. LOCAL IMPROVEMENTS -10- Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman Ranallo to adopt the resolution which authorizes the issuance of capital equipment certificate of indebtedness to cover the purchase of capitalequipment from St. Anthony National Bank at 6% interest. RESOLUTION 84-051 A RESOLUTION AUTHORIZING ISSUANCE OF CAPITAL EQUIPMENT CERTIFICATE OF INDEBTEDNESS Motion carried unanimously. Mr. Hamer had reported in his November 30th memorandum that one of-the City's two sanders had been irreparably damaged November 27th and the Public Works Director had indicated he perc.ei.ved greater productivity could be achieved if the equipment were replaced with a spin sander. The equipment had not been budgeted for and Mr. Hamer recommended the lowest bid be accepted-and paid for from the Capital Equipment Fund in 1985. Motion by Councilman Ranallo and seconded by Councilman Makowske to accept the bid of $2,760 from MacQueen Equipment, Inc. , 59.5 Aldine Street, St. Paul , for a spin sander to be installed on the City truck, as recommended by the Public Works Director in his November 30, 1984 memorandum on the purchase to the Council and Mayor. • Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to authorize the acceptance of the lowest bid of $10,452.50 from Minar_ Ford in New Brighton, for the purchase of a new squad car for the. Police Department, as recommended in the ' November 30th memorandum from Chief 'Hickerson. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to adjourn the meeting at 10:1.0 P.M. for the Housing and Redevelopment Authority meeting which followed. at 10:16 P.M. Motion carried unanimously. Respectfully submitted, Crowe, Secretary a or ATTEST: CityCer