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HomeMy WebLinkAboutCC MINUTES 02261985 Meeting Sheet 101831 Box: 21' Folder: CC MINUTES AND AGENDAS 1985 'Document: CC MINUTES 02261985 e "i i • a • :E i i CITY OF ST. ANTHONY COUNCIL MINUTES • February 2.6, 1985 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Sundland, Marks, Ranallo, Enrooth, and Makowske. Also present: David Childs, City Manager; and William Soth, City Attorney. The following changes were made in the February 12th Council minutes: Page l ,. para. 3: Insert "both" before "arrived". Page 5, para. 6: Substitute "procedure relative to the purchase of" for "failure to purchase" in last line. Motion by Councilman Makowske and seconded by Councilman Marks to approve as amended the minutes of the Council meeting held February 12, 1985. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to grant the following licenses as listed in the February 26, 1985 Council agenda: Heating Total Energy Heating & Cooling Off Sale 3.2 Beer and Cigarette Country Club Markets, Inc. Town & Country Foods Red Owl Stores, Inc. Contractors Milton L. Johnson Roofing & Siding (renewal ) Twin City Exteriors Co. , Inc. Lofgren Remodeling (renewal ) Suburban Lighting, Inc. (renewal ) Tom Walek Roofing (renewal ) Rubbish Hauling Browning Ferris Industries of Minnesota, Inc. Keith Krupenny & Sons Disposal Service Service Station Don's Apache Auto Wash Mico Oil Company, Inc. Motion carried unanimously. -2-. Mr. Childs reported the Kridle/Johnson Apartments registration had been looked into by the Public Works Director and Mr. Hamer had indicated he could now recommend • approval of the request which had been tabled at the last Council meeting. Motion by Councilman Marks and seconded by Councilman Ranallo to approve a multiple housing registration for Kridle/Johnson, 3304 Old Highway 8. Voting on the motion: Aye: Marks, Ranallo, Sundland, and Enrooth. Abstention: Makowske. Motion carried. Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of $1 ,424 to Dorsey & Whitney for legal services during January, 1985. Motion carried unanimously. Motion by Councilman- Makowske and seconded by Councilman Enrooth to approve payment of $1 ,547 to Edward J. Hance for St. Anthony prosecutions from January 3 through February 6, 1985. Motion carried unanimously. State Representative John Rose was present to confer with the Council on several • issues on which they had expressed their concern to him. He reported he is serving on the Education Division of the Appropriations Committee; the Regulated Industries Committee; and chairs the Environmental Natural Resources Committee. The legislator has also been assigned to work with the Legislative Commission on Minnesota Resources and said he had been appointed to serve on the National Conference of State Legisla- tors dealing with environmental natural resources issues and working with Congressman Sikorski and Senator Durenberger on those issues. Representative Rose discussed some of the pending legislation before his committee which he perceives would be of specific concern to local governments, including the Solid Waste Bill , which calls for mandatory separation at source. The Representative reported he and Senator Merriam were co-sponsoring a bill which would make. separation voluntary. Mayor Sundland told the legislator he was pleased to learn he was support- ing voluntary rather than mandatory source separation and perceived there was a necessity for attaching some incentive to the voluntary action. Representative Rose said he had recently come to realize the industrial waste disposition was only the tip of the iceberg when a Florida legislator testified before his committee that in his community where there is mandatory separation and where Amnesty Days were declared, almost 100,000 pounds of the most toxic household waste had been turned in by the homeowners who are all in violation of the mandatory law. The legislator also said his committee is looking closely at the possibility of a "monopoly of flow by utilities" if the separation is made mandatory. Councilman Marks inquired about his position related to one of the pieces of legisla- tion which is of special importance to the City, and which would allow the sale of wine in grocery stores. The Councilman indicated this legislation would have a special impact on the City because of the loss of control of the industry with what is perceived an adverse effect on the City's youth and the perceived effect on the City's liquor operati-on, with possible decline in revenues which the City uses to offset its taxes on residents. -3- Representative Rose responded by saying several months ago he had answered a question put to him by indicating he would support the liquor industry moving into the grocery stores, but since then had been made aware of the ramifications of that legislation on St. Anthony through conversations with Councilman Ranallo and Mayor Sundland and had now taken the stand that, if the bill came before his committee, he would no longer support it because he had become convinced that the legislation would not be good for either the youth or the community of St. Anthony. Both the Mayor and Councilman Ranallo complimented the legislator on his openness to the community's concerns and endorsed his change of mind on the issue. Representative Rose said he had been made aware of the lag of time on insurance reimbursements in St. Anthony after the April tornado and offered his aid and experience with the Roseville tornado in getting these matters settled quickly. He said he would take these complaints to Mike Hatch, Commerce Commissioner, who had been quick to respond to this type of problem in the past. The Representative concluded his presentation by thanking the Council for inviting him to discuss these matters with them and indicated he hoped to be able to attend the City's Back. in Bloom Ball , April 13th. George Wagner reported the minutes of the Planning Commission meeting held February 19th. He told the Council that Larry Hamer, at the request of the Commission, had testified about the condition of the fence around the Victor and Rosemary Munayco home at 3507 Edward Street N.E. , following the April 26th tornado. As stated in the Commission minutes, Commissioner Wagner reported the Public Works Director had written to Mr. and Mrs. Munayco in September, when the fence was still down, advising them that they would have to petition the City for a variance to retain the six feet • height for their front yard fence, since the City's determination had been that the entire fence had been over 75% damaged in the storm and the front section was no longer grandfathered into the Fence Ordinance, which allows only four foot high fences for front yards. Mrs. Munayco reiterated the statements she had made when applying for the variance related to the problems she and her husband experienced trying to get the first contractor they had paid to repair the fence to do so, finally retaining another contractor to put the fence up in November to keep it from rotting over the winter. The applicant said she and her husband wanted the Council to understand that it was only adverse circumstances which had prevented the fence being rebuilt early in the summer and she indicated she recognized that there was still a great deal to be done to the fence before it would be satisfactory to either the City or herself. However, she disputed that the fence had ever been more than 50% down. Mayor Sundland told Mrs. Munayco he could certainly empathize with her predicament since his own fence had been blown down during the same storm and, since it was also non-conforming, had to be cut down when it was put back up. He added that it had been his contractor who found out the Mayor's fence height was no longer allowable under the new Fence Ordinance. The Mayor also told the Munaycos that Rick Johnson, who sat across the aisle from them, had more than 75% damage to his wholesale florist business in the same neighborhood and, because that business had been grand- fathered into the existing Zoning Ordinance as a non-conforming use, could not rebuild his greenhouse, but was redeveloping the property to residential dwellings. The applicants were also told the City had issued a memorandum on May 1 , 1984, which • had attempted to answer re.si;dents' concerns about repairing the tornado damage to their properties and had set up meetings where questions could be presented to local and state agencies who were available to help. In that notice, which had been delivered to each home by the St. Anthony Girl Scouts, residents had been cautioned -4- about the selection of firms to repair their homes and were informed that it would be necessary for any- contractor who would operate in the City to have a contractors license with the City and' a building permit to do any repair work. The City had perceived before the storm that issuing contractors licenses was the only way the City could prevent just what had happened to the applicants where the contractor had taken their money and failed to do the work, the Munaycos were told. In response to Mrs. Munayco's statement that her second contractor had not applied for a building permit because he had never received her call telling him that was necessary, Councilman Ranallo told her he believed any reputable contractor would know he had to be licensed and get a building permit for any city in which he was working. The Councilman also commented that the Council would have to weigh" , the Public Works Director's determination related to the amount of damage done to the Munayco fence against the statement of that contractor related to his own perception of the extent of the fence damage. However, Mrs. Munayco was assured that it was not the City's position that she was trying to get away with anything or was it the intention of the Council to embarrass her, but rather that it was the responsibility of the Council to follow the dictates of the City's Fence Ordinance, which allows only four foot front yard fences. The petitioner was also advised that, even if she had applied for a building permit in May, it was more than likely she would not have been allowed to retain the six foot fence in her front yard. The Munaycos were then advised that they would be given until spring to get the fence rebuilt in a manner which would meet the standards of quality established by the City Ordinance for any City structure. Motion by Councilman Ranallo and seconded by Councilman Enrooth to follow the rec- ommendations of the Planning Commission to deny the request from Rosemary and Victor Munayco for a two foot front yard fence variance to the City Fence Ordinance requirement for front yard fences no higher than four feet, ,to retain the existing six foot fence in the front yard of their home at 3507 Edward Street N.E. , accepting the Commission interpretation that the existing fence around the Munayco property had originally been constructed as "one piece of goods" with unity of style, design, workmanship, materials, location, and ownership in the front, sides, and rear yards of the property and that, this specific fence was constructed as a single entity and ceased to remain an entity in the late spring and summer of 1984, and that in excess of 75% of the market value of the fence was destroyed, as testified to during the Commission's February 19th hearing. 'In denying the variance, the Council also accepts the Commission interpretation that the existing fence is now in non-conformance and subject to the current City Fence Ordinance requirements for front yard fences. The Council further finds, as did the Planning Commission, that: 1 . Sufficient public input from neighbors, staff, Commission and Council members had been received during the January 15 and February 19, 1985 considerations of the variance that granting that variance would not relieve a particular physical hardship resulting from the City Ordinance; 2. The variance could not be based on the applicants' replies to the three questions on the application, which must be answered affirmatively for a variance to be granted; and • 3. Granting the variance for a six foot front yard fence could set a dangerous precedent for handling future requests of this nature. -5- The Council , in denying the variance, has further informed the owners of the subject fence that the structure must be brought up to the standards set by City codes Sfor quality of maintenance, condition, and workmanship and that it must be located on their own property. Motion carried unanimously. Commissioner Wagner next reported the Commission vote had been four to two to recommend the Council grant James J. Tjernlund a five foot sideyard variance on the south side of his property at 3124 Silver Lake Road, which would allow him to make the two car garage and seven foot wide room addition to the existing home at that address. The Commission representative reported there had been some disagreement among the Commissioners of whether the intent of the variance could be perceived to be "based exclusively on the desire to increase the value or income potential of the parcel ", but the majority had concluded only a minor economic factor had been involved in the applicant's request for additional family living space in that substandard-sized structure. Councilman Ranallo reported he had visited the site and, although he shared some of the concerns about a four foot setback on the south side, had concluded that the topography of the land to the rear of the property and the fact that the applicant could add the garage without a variance, would require any emergency vehicle to approach the property from Harding instead of Silver Lake Road. Councilman Marks recalled that when the ordinance had been written there had been recognition that the passage of emergency vehicles would prob'bbly be impeded by the presence of big trees, fences, and utility poles. Instead, the Councilman indicated he perceived the purpose of sideyard setbacks had been to prevent fires from jumping from one structure to another. The applicant was present but declined to speak.. Motion by Councilman Makowske and seconded by Councilman Marks to grant James J. Tjernlund a five foot sideyard variance to the City Ordinance requirement for 15 foot total sideyard area which would allow a four foot sideyard setback on the south side of the existing home at 3124 Silver Lake Road after the construction of the 26 foot garage and seven foot room addition he proposes, finding, as did the Planning Commission, that: 1 . The applicant had testified during the Commission hearing that he could not add to his existing 750 square foot home in any other manner because of' the_ steep . dropoff of the land to the rear of his property; and 2. The conditions which the Ordinance requires must be affirmatively satisified to grant this variance had been done so for this proposal . Motion carried unanimously. In reporting the Commission's unanimous recommendation that the request for a free standing "sandwich(" board" type of sign, in addition to the existing wall sign on the southeast side of the building at 2550 Kenzie Terrace, be denied the Mobile Hi-Fi Sound Center, Commissioner Wagner said the Commission had perceived the requested sign would violate the City Sign Ordinance and had disputed, in view of the size • of the sign the business already has on their building, the applicant's claim that, without the variance, his business would suffer undue hardship caused by the Ordinance. Mayor Sundland indicated that he had visited the site and perceived the wall sign took up the whole side of the building. -6- Fred Denn, the applicant, reiterated the statements made during the Commission hearing, that additional signage was needed to let his customers know the shop is located in the rear of that building, since, "anyone driving east on Kenzie Terrace can only see the wall sign by looking back after they have gone by". Mr. Denn said he feared the large companies like LaBelle's and Sound of Music for whom they make stereo installations, would become skeptical about his company and its loca- tion when their customers report back to them how hard it had been to find the Mobile Hi-Fi Sound Center. The shop proprietor stated he perceived his business could be interpreted to be a "service station" which are allowed a minimum amount of portable signage because they work on automobiles as well as sell car stereos and, Mr. Denn told the Council , he believes his business could be increased by more than 50% if he is allowed the additional identification. The Hi-Fi installer also said he perceived the shop's location could be intimidating to women who would hesitate to drive down an alley unless they were certain the shop was open. Mayor Sundland told Mr. Denn he had always recognized the need for business recog- nition but he would have a hard time interpreting this business as a "service station". The Mayor also told the petitioner he doubted that a sidewalk sign would do much to correct his identification problems. When Mr. Denn said he and his partners were considering putting a 4 X 8 foot plywood sign in the upholstery shop windown in the front of the building, Councilman Enrooth reminded him that the amount of signage he would be allowed would be governed by the size of his shop, under the Ordinance. Councilman Ranallo told the applicant the City certainly didn't want to see him go out of business and suggested Mr. Denn work with the City Manager and Mr. Hamer on signage which would fall within the Ordinance. • Mr. Denn responded by saying he understood the purpose of the Ordinance, saying "we certainly wouldn't want the City to look like New Hope". He said he lived in Minnetonka and the applicant indicated he had not been aware of the Sign Ordinance when he erected the wall sign, which he conceded was "too big". The petitioner - closed by saying he liked St. Anthony because it was "laid back, without much crime". Motion by Councilman Marks and seconded by Mayor Sundland to follow the recom- mendation of the Planning Commission to deny the request for a variance to the City Sign Ordinance for a 6 foot high by 3 foot wide "sandwich board" type of sign to be put out during the working hours of Mobile Hi-Fi Sound Center in front of the building at 2.550 Kenzie Terrace, finding, as did the Planning Commission, that: 1 . It is not the intent of variances to change ordinances for either a business or property to suit each applicant's physical situation-; 2. There was not sufficient hardship demonstrated in that there was already identifying signage on the building; and 3. To commence granting variances to permit free standing sandwich board signs is not an activity the Council or Commission wish to begin for the City. Motion carried unanimously. Commissioner Wagner indicated the major portion of the Commission's conversation about the requested preliminary platting and variances for the Johnson Manor pro- posal had centered about the use of the outlots in the project, one of which would be retained by Rick Johnson for his own use, and the other which the owner had indicated would be set aside for a community activity area for the proposed subdivision. -7- The Commission representative indicated the Commission had unanimously recommended • Council approval of the preliminary platting of the wholesale florist business site which is to be redeveloped into nine residential lots and two outlots, as well as the minor deviations from total lot area requirements which would be necessary for three of the residential lots. In reference to these variances, Commissioner Wagner indicated the Commission had perceived there was no other way those three lots could be built which would meet the Ordinance requirements for total lot size and had agreed with staff that the proposed project would be a good use of, the land which would be compatible with the residential neighborhood. In addition to .Rick Johnson, representing J. R. Johnson Supply, Inc. , Steve Fuchs, 2800 - 30th Avenue N.E. and Elizabeth Heller, 3310 Belden Drive, were present for the consideration. Mr. Fuchs indicated he did want to make a formal statement and Mrs. Heller said she had not received a notice of the Commission hearing and was present to find out what the disposition would be of the damaged hurricane fence next to her property. She said she had talked to the City's office.- secretary who -had assured her that the notice had been mailed to her along with all other property owners within 350 feet of the subject property, Mrs. Heller said, and her name had been one of those listed in both the Council and Commission agenda packets as having been notified of the Commission hearing. Rick Johnson told Mrs. Heller the recreational area would be in the same area as the greenhouse had been and said he planned to either repair or move�:the fence in question and, since his own home is on the other side of the fence, he would, of course, be particular about its appearance. The conversation which followed established that the landlocked outlot could never be built on and that access to the community activities planned there would be across the existing utility easement on the rear of Lot 9. He is working on an association agreement now which would provide for the maintenance of area by members of the owners association which would be comprised of the owners of the newly developed Lots #1 through #9 plus existing Lots 1 , 10, and 11 , Mr. Johnson reported. Mr. Soth indicated he believed the City would be obliged to accept the parcel if the owners wanted to give it to the City. During the February 19th hearing.,. Mr. Johnson had questioned whether the retaining wall recently constructed by Orville Thompson encroached on one of the new lots, but he now reported the survey had confirmed that the structure was on Mr. Thompson's property. Soil borings are required for the development of large subdivisions and, because of the size of the Johnson project, the Manager suggested the soil borings tests might be waived. He told Councilman Ranallo it would be the responsibility of the purchasers, and not of the City, to determine just what footings would be necessary. Mr. Soth agreed that the City would have no responsibility if there was defective soil in the subdivision. Mr. Johnson pointed out that the concrete buildings which had been on the site were much heavier duty than the residential dwellings which he proposes to build. When Councilman Marks recalled a mention in the past of an underground creek in the same area, an unidentified man sitting next to Mr. Tjern- lund, said the creek ran east of the Johnson property. Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve the • preliminary platting for Johnson Manor, a nine lot and two outlot subdivision, between 33rd and 34th Avenues N.E. on Edward Street N.E. , as presented in the Certificates of Survey by Comstock and Davis, Inc. and to grant lot size variances -8- for Lots 2, 3, and 4 which would be 640 square feet each smaller than the 9,000 square feet required by the City Zoning Ordinance, finding, as did the Planning Commission, that: 1 . The proposed project conforms to the municipal standards; 2. Many similar lots with smaller frontages, depth, and land area have been platted and developed in the same neighborhood; 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 or variances were raised during the February 19th Commission hearing where many of the neighbors testified in favor of the proposed plat and project, or during the Council consideration, February 26th. Motion carried unanimously. Commissioner Wagner reported there had been neither proponents or opponents for the request from Ernest Berquist for a conditional use permit which would enable him to add the sale of video tapes of classic movies to other materials he sells at the Little Professor Book Center in Apache and the Commission had perceived the question of obscene materials had already been dealt with under the City's Obscenity Ordinance, and with previous permits to sell similar materials in the City. Motion by Councilman Marks and seconded by Councilman Ranallo to accept the Planning • Commission recommendation to grant a conditional use permit to Ernest Berquist which would allow him to sell video cassettes of film classics in the Little Professor Bookstore in the Apache Plaza Shopping Center under the following conditions: 1 . There would be no viewing of tapes in the store, except for bona fide demon- strations of tapes and no viewing would be visible from outside the store; 2. The proprietors must comply with all state laws relating to obscenity and to any ordinance of the City of St. Anthony thereafter relating to obscenity; and 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 . Motion carried unanimously. A check list of procedures to be followed to finalize the changes in the Kenzie Terrace Redevelopment Project had been submitted by. Mr. Soth to the Gustafson & Adams law firm, representing Arkell Development Corporation, and Steven Yurick of Arkell was present to discuss the' Gustafson firm's February 21st response to the check list. Mr. Soth went over the various points indicating he perceived that redrafting changes to the Redevelopment Agreement should be handled by Arkell 's attorneys and • not himself. In regard to submission of mortgage documents, Mr. Yurick indicated there was no specific timetable for submission of the mortgage documents which must be approved by the H.R.A. but the developer reiterated, as stated in the -g- Gustafson letter, that the documents would be forwarded to the H.R.A. attorney as soon as the Arkell attorneys receive them. Motion by Councilman Makowske and seconded by Councilman Ranallo to accept the Modification to the Kenzie Terrace Development Concept Plan dated February 8, 1985, consisting of two pages, a title page and a site development plan, with the major change being that the units in Phase I building have been increased to 150 units with a corresponding reduction in the units for Phase IL�.and III, so the project total remains at 495 units of housing, finding that: 1 . Significant information pertaining to the new proposal had been provided by the proponents and no one had expressed opposition to it during the Commission hearing or to staff prior to the hearing; 2. The project is contained in a Planned Unit Development in area designated for significant redevelopment in the City's Comprehensive Plan; and 3. The P.U.D. process allows the City and staff to give constant attention to the development process. In accepting the Modification, the Council finds that there had been no opposition to the changes expressed during the February 19th Commissiom"hearing, the Feb- ruary 26th Council consideration, or to staff directly. Motion carried unanimously. Motion by Councilman Enrooth and seconded by Mayor Sundland to accept the Modified Detail Plan and Final Plan for Phase I of the Kenzie Terrace Redevelopment Project dated February 8, 1985, and contained in the set of drawings presented by the redevelopers, including the amendments listed in the notice of the Commission hearing published February 5, 1985, as follows: a. Increase from 134 to 150 the maximum number of units allowed in the development; b. Allow complete enclosure of both levels of underground parking (previous plans called for one level to be enclosed and one level to be unenclosed); c. Allow increase of 2 enclosed parking spaces and an increase of 4 exterior parking spaces; d. Allow increase in height of the building from 49 feet to 50 feet 6 inches to the bottom edge of the mansard roof. Height to roof peak would decrease from previously approved maximum of 64 feet to approximately 56 feet; and e. Allow conversion of the 1-oft units above the fourth floor to a. fifth floor, thus allowing an additional 16 units .in the total building design. In accepting these changes, the Council finds there was no expressing of opposition to the changes from the public during the February 19th Commission hearing. Motion carried unanimously. • Motion by Councilman Marks and seconded by Councilman Ranallo to accept the recommendation of staff that the 2% construction bond required in Section' 13, Subdivision 7.6 of the Zoning Ordinance be waived since the Housing and Redevelopment -10- Authority has a $400,000 Letter of Credit to assure compliance with the City • requirements. Motion carried unanimously. The Mayor distributed to each Council member ten tickets to be sold for the City's Biennial Ball to be held in Apache Plaza, April 13th. He also reported he had been appointed to serve on the Policy Committee for the National League of Cities Transportation and Communication Committee, as had been anticipated. Mayor Sundland then sent around a letter from Mayor June Demos of Roseville thanking the St. Anthony Council for their support of- the speed skating facility in her city and read aloud the letter from Medtronics informing the City that the firm would be moving their corporate headquarters out of St. Anthony to Fridley late in 1985 and plan to either sell or lease their City facilities to another firm. _Councilman Makowske reported the February 20th meeting of the Ramsey County League of Local Governments, which she and Mr. Childs had attended in Little Canada, where the Executive Director of the Minnesota Convention Facilities spoke to the League about the Minnesota Convention, Trade and Show facility proposed to be built in Minneapolis. The Council member's perception was that none of the suburban cities ._re- esented - at the meeting were particularly excited about the proposed tax to fund that facility. Councilman Makowske then said she had brought back copies of the two brochures on the facility for each Council member as well as the packet the League had compiled on their own activities which they might find very informative. Councilman Marks reported Dave Lomis of New Connections had been selected from a • large .field of very qualified applicants to serve as the new Youth Service Bureau Director. The Councilman indicated he perceived Mr. Lomis would be a tremendous addition to the Bureau and said the new Director was starting right out by working seven day weeks. Councilman Marks concluded his report by indicating he hopes to be able to attend the next meeting of the Chemical Awareness Committee on March 5th. The February 5th Committee minutes were ordered filed. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the third reading and adopt the ordinance which rezones the Walbon property from R-1 , Single Family Residence District to R-3, Townhouse Residence District for the Old Highway 8 Redevelopment Project. ORDINANCE 1985-001 AN ORDINANCE AMENDING SECTION 300 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to adjourn the meeting at 9:10 P.M. for the Housing and Redevelopment Authority meeting which followed immediately. Motion carried unanimously. • Respectfully submitted, ATTEST: �_ n Crowe Secretary City Clerk r,%? ~ Y Mayor