Loading...
HomeMy WebLinkAboutCC MINUTES 06251985 Meeting Sheet . 4 101814 ' •i Box: 21 Folder: CC MINUTES AND AGENDAS 1985 Document: CC MINUTES 06251985 • CITY'. OF ST. ANTHONY COUNCIL MINUTES June 25, 1985 The meeting opened at 7:30 P.M. with the Pledge of Allegiance led by Mayor Sundland.. Present for roll call : Sundland, Makowske, Enrooth, Ranallo, and Marks. Also present: David Childs, City Manager; and William Soth,. City Attorney. Motion by Councilman Marks and seconded by Councilman Makowske to approve the min- utes of the Council meeting held May 28, 19.85, with the following amendment: Page 6, para. 2: Delete the last sentence. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to grant the following licenses and approve registrations as they were listed in the June 25, 1985 Council agenda: Cigarette License F. W. Woolworth, Apache Plaza • Heating License LSV Metals Town & Country Foods Contractors Licenses. Gary Jansick dba Jansick, Fridley J. M. M. Construction, Anoka Arrow Fence Co. , Cedar, MN Countrywood Construction, Minneapolis Quimby Company, St. Paul Multiple Dwelling Registrations Sentinel Management for Equinox Apartments Kleinman Realty for Diamond Eight Apartments Kenneth Solie, et al ; for 3800 and '3808 Macalaster Drive Frances Sandberg for 3820 Macalaster Drive Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of the following claims as listed in the June 25, 1985 Council agenda: • 1 . All verified claims listed for May 31 and June 11 , 1985; 2. $2,750 to American Risk Services, Inc. , representing their second billing for services related to the City's risk management needs; -2- 3. $1 ,825 to the Edward J. Hance firm for St. Anthony prosecutions from May 3 • through June 6, 1985; 4. $26,813.15 to the Metropolitan Waste Control Commission for services during April , 1985; 5. $162.20 and $417.00 to Dorsey & Whitney for legal services during March and April , 1.985; and 6. $1 ,504 to the Association of Metropolitan Municipa-lities for 1985-86 dues. Motion carried unanimously. John Madden was present to report the June .18th Planning Commission minutes start- ing with the Commission's recommendation for denial of a conditional use permit for a karate school at 2526 Harding Street N.E." 'because the applicant had failed to appear at the hearing on his request in spite of having been advised his presence was essential to a recommendation for approval , as indicated on the copy-of that letter which the Manager had included -in the Council agenda packet.. The Commission representative told the Council that, even though the Commissioners had been very concerned about the vacancies"in the St. Anthony Village Shopping Center, where the school would be located, they were reluctant- to give an approval to a usage on which they had no input from the applicant related to some of the concerns which were raised during the hearing. Mr. Madden said that one of those concerns which was raised by another member of the Commission had been the possibility that the approved usage might someday evolve into a undesirable usage like a sauna, although the majority of the Commissioners had been convinced that the only usage would be the one for which a permit had been applied. • As he had indicated in his June 21st memorandum to the Council on the proposal , Mr. .Childs reiterated that there had apparently been some sort of mixup on the part of the applicant related to the date he was supposed to appear and the Manager indicated he did not perceive a karate school would normally generate the kind of problems anticipated by .one of the Commission members. . Rick Kaput, 5726 - 26th Avenue South, the applicant, denied any activity resembling a sauna would be connected with his Northland: Karate Studio, saying he intended to run only a karate school with weight lifting a "heavy bag" and the necessary locker rooms, showers and bathrooms. The City Attorney confirmed for Councilman Makowske that the City could attach any conditions it- chooses to such a permit including limiting its usage to a very narrow, specific use and calling for a yearly review of the operation: Councilman Ranallo asked CommissionerMadden why the Commission had recommended .denial of the request rather than just tabling action as they had for other similar requests in the past.. The Commissioner indicated he had been told that was the policy adopted by the Planning Commission, which he said he had personally protested, perceiving not all the. current Commissioners had been given an opportunity to pro- vide input to the procedure. Councilman Makowske said she recalled that when she had been on the Commission the concern had been that applicants would be able to circumvent the Planning Commission altogether if they were allowed to present their requests directly to the Council • without first presenting their proposal for Commission.-reaction, which she added was the procedure which had been set up. Councilman Ranallo commented that he remembered many cases in the past where the Commission had tabled the proposal because the applicant was not present. Mr. Soth said if the matter were tabled it would not go to the Council at all . -3- Commissioner Madden told him he perceived that in this case the Commissioners ' . decision had taken into consideration the fact that the applicant's absence might' have resulted from some misunderstanding and tbbling the request- would result in the school not being able to open for at least a month, which might be avoided if the petitioner were able to convince the Council that' he had a legitimate reason for not appearing and that his request was a reasonable one. Councilman Ranallo said he perceived the Planning Commission had been established to consider each variance and permit request before making a recommendation to the Council and indicated he wou,ld .not be in favor of granting the permit because to-- do so would, in his opinion, be circumventing the Commission altogether. Councilman .Marks, who had also served on the Commission, indicated he perceived the policy in question had primarily-been addressed to the lack of documentation to support an application and the Councilman said, as he .understood ,it, the merits `of this particular request had-been discussed at some length- with the final con- clusion that particular usage would be satisfactory. Commissioner _Madden .agreed that, outside of the concern about what other usage might evolve and the desire not to have the store.operated past 10:00 P.M. , the Commissioners perceived this. seemed to be a reasonable request. He concluded by saying, "We wanted the applicant there and he wasn' t". Mr. Kaput told the Council he and his wife were going through a divorce which had traumatized him to the extent he had gotten the -dates mixed up. He said the plans he had submitted for approval to the City Manager and Fire Department had included no saunas or any other use of that type at all , and the only partitions he planned for that building would be for locker rooms. The petitioner told Councilman • Enrooth his lease calls for opening the s.tudio ,July 1st.. Councilman Ranallo moved that the matter be returned to the Planning Commission, as had been the custom b.ut failed to get a second for his motion. Councilman Makowske then told him she understood his position, but believed the Council should act on the request that evening, and made the following: Motion by Councilman Makowske and seconded by Councilman Marks to grant a conditional use permit which would allow Richard Kaput to, operate a karate and weight lifting school at 2526 Harding Street N.E. , contingent upon the facility being utilized for only those uses and no other, and not being operated past 10:00 P.M. , finding that: 1 . No one had appeared at either the June 18th Planning Commission hearing or - the June 25th Council consideration, to object to the proposed studio going into that location; 2. The petitioner had been able to reply affirmatively on the application that all three conditions which are required to be satisfied for a conditional use permit would be met with his proposal ; and 3. This use is one of the conditional uses permitted by the Zoning Ordinance in a Commercial Zone. Before the vote was taken, Councilman Ranallo asked "Why. do we have a Planning Com- mission at all?" and he wanted to know why, if the Commission had recommended denial • because they perceived they hadn 't received the necessary input from the applicant related to their concerns, the Council was now prepared to ignore that recommenda- tion. The Councilman indicated he perceived a dangerous precedent was being set. He also said' he recalled at least one instance where an applicant had been forced to return-to the Planning Commission -because he had missed the first hearing on his request. -4- The Mayor indicated he perceived any concerns or issues the Commission had during • their hearing had been satisfactorily addressed in the motion, as confirmed by Commissioner Madden. Although he wanted it clearly understood the situation was not an. acceptable one, the Mayor indicated he perceived the location and July 1st date provided unique circumstances in this case, Commissioner Enrooth indicated he perceived the July lst date to be the applicant's and not the Council-'s, problem but believed the logical procedure for .the Commission to have followed if they wanted the applicant to appear first before them would have been to lay the matter over for another.month. The Councilmember added he had seen nothing in the minutes to indicate the Commission didn't like the business which was proposed, but rather had only taken issue with what the school was .going to be. The Manager said he had given the Commission two options for a decision and they had decided that, rather than delay the opening of the facility any longer.,,than necessary, it would be preferable to recommend denial , which:th:e Council- could reverse if the appl,icant• gave satisfactory assurances related `to those concerns. Commissioner Madden confirmed that had been the Commission's intention in making the motion they had. Councilman Ranallo wanted to know where that was reported in the minutes and when the Secretary pointed out the Manager's statements on Page 3, indicated he thought the matter could have been stated more directly in the minutes. Mr. Childs said he perceived the Commission considered his speculations to be a part of the motion input. Commissioner Madden indicatedthat had also been his perception. • Voting on the motion: Aye: Makowske, Marks, Sundland Land Enrooth. Nay: Ranallo. Motion carried. Bernard Blanske was present for Commissioner Madden's report on his ,request for a variance from the City Zoning Ordinance setback regulations which would allow Mr. Blanske to construct a second floor -addition to the existing central area of the mini-warehouses he owns and rents at 3829 Foss Road. The variance would allow a 33 foot setback, identical to that allowed the original building, from Sunset Lane, where the Ordinance requires 40 feet. Mr. Soth indicated he saw a technical problem with putting conditions on a variance as recommended by the Planning Commission. He said it would be appropriate to put conditions on a conditional use permit because the City is authorizing the use and those would be the conditions under which the use would be permitted. If a variance with conditions is granted and those conditions should be violated, it would not be appropriate to require the owner to remove the building. The Attorney indicated he therefore perceived there might -be a probtiem. with the conditions listed under (a)., (_b), and (c) in the Commission's recommendation for approval . The findings, however, would be appropriate, Mr. Soth said. Mr. Blanske stated his buil"ding(s) had security lights lit from 5:00 P.M. on and his hours of operation are officially from 7 A.M. to 7 P.M. but;L.in summer the units -5- are left open until around 9:00 P.M. and in the winter are closed up between 6:00 „ • and 7:00 P.M. However, if a tenant needs to get into his unit later in the evening, an exception is made. Mayor Sundland indicated he perceived if the hours of operation should become a problem, . the City would probably have to handle it as a violation. of the Nuisance Ordinance. Mr. Soth agreed, adding that the .City could also change the Zoning Ordinance, if necessary. Motion by Councilman Marks and seconded by Councilman Enrooth to grant Bernard Blanske a seven foot variance from the City Zoning Ordinance requirement for a 40 foot setback from .Sunset Lane, which would allow the construction of a second floor addition to the center units of the mini-warehouses located at 3829 Foss Road, as proposed in the plans presented at both the June_ 18th Planning Commission meeting and the June 25th Council consideration of the request, finding, as did the Planning .Commission, that: 1 . All three conditions which are required to be satisfied for such a variance had been done so with the proposal , especially in regard to the physical attributes of the site, which is located, on a deadend street with little or no traffic, and has a unique slope and topography; 2. Land values in the area would not be harmed by granting the variance; 3. Granting the variance would not intensify the potential for the conflict of land use which had been identified in the City's Comprehensive Plan; • 4. The two story building would not limit the visibility of other structures in the same area; 5. No one spoke in opposition to the requested variance at either the June 18, 1985 Commission hearing or Council consideration of the request June 25, 1985; 6. The proponent addressed all issue and concerns raised by the Planning Commission members during the earing; 7. The proponent has a proven track record -of implementing stated development goals and objectives; and 8. The existing operation has proven to be a clean, non-offending, and nonpolluting use. Motion carried unanimously. The only concern raised about the request for a second sign for the Cokesbury Book Store, 2955 Pentagon Drive, Commissioner Madden said, was that wall. where the sign was proposed to be erected had no window or access door other than the door where only deliveries are made, according to the store representative. Points in favor included the fact that the store might attract shoppers to the center who would otherwise not come to that area and the sign on Highway 88 might make it easier for them to find the store. • Al Lenius, minister/manager of the store, was present but didn't speak. -6- Motion by Councilman Makowske and seconded by Councilman Marks to grant the petition from Cokesbury Book Store, 2955 Pentagon Drive, for a variance-to the City Sign Ordinance which would allow the erection of a 4 foot X 12 foot single face sign on the southwest corner of the building facing Highway 88 on the condition that the sign not be lit past 11 :00 P.M. , finding as- did the Planning Commission, that: 1 . No one appeared to speak against the variance at either the June 18, 1985 Commission hearing or Council consideration June 25, 1985; 2. Basically, the store is located on a building corner which forms two streets; 3'. The conditions upon which the application for a variance are based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land use classification; 4. Granting the variance wil=l not.be detrimental to-the public.,welfare or injurious to other property in the same neighborhood or the. City; 5. A sign as introduction to an area where.people are not familiar with the store -could be of the utmost importance to its success; and 6. Granting the variance at the same time recognizes there is -an overall resign- ing plan for that center to which the store owner would have to conform when they are implemented by the center owners. Motion carried unanimously. • The Commission representative reported the Commission members had perceived the request from Town & Country Foods in the St. Anthony Shopping Center to sell and rent video tapes and equipment in their store appeared to be a reasonable one which should present no 'particular problems for the City. Commissioner Madden then explained that one of the Commissioners had abstained from the vote on the motion of approval because a member of her family worked at the store and she didn 't want to give ' even the impression of a conflict of interest. Tony Haler again appeared as spokesman for the store and was invited by the Mayor to tell the Council members about the special Walt Disney package his store plans to offer for children's birthday parties. Mr. Haler indicated in line with the store's family orientation, a parent could rent the equipment and two or three tapes for between $25 and $30 and be provided, in addition, the necessary balloons, party hats, candles and a cake at a reduced price for a party which Mr. Haler perceived would be a lot cheaper than taking eight children out to a cafe for the same type of party. When Councilman Enrooth commented that he had been pleased to hear the store had indicated no additional signage on the building would be needed to advertise the new service, Mr. Haler confirmed that at the present, the only advertising would be done through the store's ad inserts and window signs. The Mayor took the occasion to thank the store management for their $400 donation towards the purchase of Operation Crime Watch signs, saying this and the contribu- tion from the St. Anthony National Bank had almost paid for all the signs needed to identify those areas in the City which have been organized as Crime Watch neighborhoods. Motion by Councilman Enrooth and seconded by Councilman Makowske to grant a condi- -tional use permit to. Town & Country Foods which would allow the salie and rental of -7 .video tapes and equipment in their store at 2550 Old Highway 9 under the following • conditions: 1 . There would be no viewing of tapes in the store, except bona fide demonstra- tions of tapes and no viewing would be; visible from outside the store; 2. The proprietors- must comply with.a-11 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 revoca- tion of this permit by the City Council . In granting the permit the Council finds, as did the Planning Commission, that: 1 . There were no objections to the use voiced either prior to'or- during the -- Commission 's hearing June 18, 1985 or the June 25th Council consideration of the permit; and .2. The precedent had been set, and successfully so, for three or four other similarly approved uses in the City. Motion carried unanimously. Councilman Makowske reported greatly appreciating having the Director of the Youth Service Bureau; Dave Wilmes, schedule a meeting, with' her--after shet had.- • missed the Council 's June 3rd work session with him. The Councilwoman said she perceived the supplemental report Mr. Wilmes had given her at that meeting gave a more accurate account of St. Anthony clients the agency actually sees than previous reports submitted by the past director, because although the numbers have been fewer, she believed the new method of reporting would be more apt to give the City a more realistic picture of just what kind of service the City is getting from the Bureau. Councilman Makowske indicated she had attended a very fine meeting! of the Ramsey _ County League of Local Governments, June 20th, where the tour of senior housing projects was planned. She said she hoped the other Council members would be able to make that tour at 5:00 P.M. , July 17th, of housing which is either:in'.the process of being constructed or already operated since the dinner would be served at 6:30 P.M. in the St. Anthony Health Center. Councilman Makowske said she believed it would be essential that the City watch what the surrounding communities are doing in this regard so the City doesn't overbuild, but does provide adequate housing for its elders. The City official said she had been especially impressed with a new type of housing being proposed by the Housing Alliance, which Mr. Childs had indicated he would be reporting on later in the agenda. Councilman Enrooth said he had been out of town and unable to attend the first dances at the Alternative Teen Center. Councilman Marks said he had attended the first two dances and met with Chemical Awareness Committee members after each to evaluate the success of the, new venture and although no real problems were identified, plans had been made to address the perceived problems -with trying to crowd 70 kids of different ,age levels into the crowded area in the Parkview • cafeteria. This had prompted moving the dances to the high school cafeteria, he said. Councilman Ranallo agreed that before the dances had been held he had not -8- realized there was. so much difference in the types of entertainment preferred by • 8, 9, and 10th graders and that which was the choice of older young people. If the attendance stays up for these dances, the. Councilman said it might be possible to hold dances Friday and Saturday nights with a different age group attending each night. Councilman Ranallo was congratulated on the excellent League of Minnesota Cities conference for which he had chaired the Planning Committee, June 12-14. The Councilman said. all the evaluations received after the conference had been very positive and one of the most -popular had been the St. Anthony presentation which Dave Childs had been involved in. Councilman Ranallo said he understood there had been a great demand for the tornado film to be shown in other communities after the conference. The Mayor .of Rochester had drafted Councilman Ranallo to aid him in preparing for ".a better than ever conference" in his city next year and the City official said that he perceived. it might be very difficult to surpass the Night at the Ordway with the Minnesota Brass which had been the high-light of the con- ference this year. However, he anticipates the conference site, the new civic center in Rochester, might be a superior meeting place. Councilman Marks agreed it would be very hard to match the Ordway presentation which he considered to have given him one of the finest evenings of music he had ever,:, experienced. Mayor Sundland said he had missed the conference because of his involvement in the Special Olympics held at the same time in Macalaster College. He reported the St. Anthony contingent had all won medals. Councilman Marks reported he had attended a meeting of local officials with Sandra Gardebri'ng•, Metropolitan Council Chair, that morning, where the recently passed • Legislation was evaluated as to its perceived effect- on municipal governments. The bill he was the most concerned with, Councilman Marks said, was the:`one which he perceived tended to downgrade the importance 'of long range planning by munici- palities because it effectively gave local zoning ordinances precedence over comprehensive plans. However, '.the. Metropolitan Council had evaluated the legisla- tion in a different light and the Councilman had concluded that as long as the City keeps its ordinances in conformance with its Comprehensive Plan, the bill would have little effect on St. Anthony. The Councilman also reported a discussion with Chuck Wiger, St. Anthony representa- tive on the Metropolitan Council , who had underscored the importance for communities not waiting to organize their local program for separating waste materials until the year before the law goes into effect in 1987. Another meeting Councilman Marks said he had attended at its usual time, 7 o'clock in the morning, had been the June 20th meeting of the Executive Board of the Youth Service Board, where he had also learned of the new system of reporting cases which, he concurred with Councilman Makowske, should give the City a more accurate picture of the service they are receiving. The Councilman then distributed the brochure listing future Government Service Training sessions which would be held evenings in White Bear Lake. Councilman Ranallo reported the conference .talk by a National League representative who had advised municipalities to forget about getting any further federal local aids and to start gearing up to get along without them. The Councilman said the meeting • with the municipal liquor group had also been less than encouraging, convincing him that it would no longer be prudent for the City to place so much reliance on the liquor operation for a revenue source. -9- The May Fire Department report and the report from Edward J. Hance related to City • matters conducted at Hennepin County Municipal Court on June 5 and 6 .were ordered filed as informational , as were the Chemical Awareness May 7th Committee meeting and May 14th Alternative Teen Center subcommittee meeting minutes, after brief discussions of each. Councilman Makowske expressed some of her concerns about lower figures in the.:May liquor operation sales summary. Councilman Ranallo told her- the liquor warehouse operation was performing remarkably considering its stiff competition from the new Columbia Heights warehouse operation and the improvement in the New Brighton liquor sales. However, Councilman Ranallo. agreed that some sharp merchandising would be needed and he reiterated that new sources of revenue would have to be sought if "we're going to keep the City going". The June 17th letter from the Executive Director of Ramsey County invited the City to apply for CDBG funds through the County rather than the state.. The Council members concurred with Mr. Childs. that St. Anthony would have nothing to lose by signing the agreement with Ramsey County since the City could still apply through Hennepin County as well or could go completely with the Ramsey County program. Steve Carlson, the Mankato State intern working in the City this summer, was in attendance for the entire meeting and the Manager indicated Steve would be helping with the initial research which would be necessary for the development of a Capital Improvement Program; a report on the utilization of MSA funds; and a history of past City assessment policies as well as policies of other communities in this regard so an assessment policy could be recommended to the Council sometime in July. • Other projects Steve would be involved in would be the capital equipment replace- ment schedule and a study of the City buildings. The latter, Mr. Childs said, would be needed soon, since the City has to let the School District know this August whether the administrative offices would remain in Parkview past August, 1986, the date their lease runs out. The City is also studying the computerization of all its records and Mr. Childs told Councilman Ranallo the plan would be to put the liquor inventories on computer as well as data for all the other departments, like the Public Works. As he had informed the Council at the June 3rd work session, the Manager reiterated that the City has saved $40,000 by going with the League of Cities Insurance Trust and that the risk manager had done a good job coordinating the package. North Star Agency had been picked from three insurance vendors 'to serve as the. City's agent since the current. agent had been unwilling to provide a fixed fee rather than the current commission basis. Councilman Enrooth indicated he perceived this to be very fair since the risk manager would be doing most of the work. The Manager indicated he would be returning to the Council soon for direction on whether, the City should continue to carry an umbrella package, based on dramatically higher costs of umbrella coverage. Mr. Childs indicated he had attended a meeting that day where the Housing Alliance had presented a new concept in housing termed "frail elderly care" in a 28 unit dwelling which would be somewhere between a nursing home and an elderly residence. • He promised to keep the Council informed about the feasibility of introducing that concept to the City. The program, sponsored partially by General Mills and the Wilder Foundation, is the same as a project presently under construction in Minnetonka. -10- A work session with the Fire Chief, Lee Entner, was scheduled to be held after the July 9th Council meeting. Motion by Councilman Marks and seconded by Councilman Enrooth to adopt the reso- lution. which would appropriate $9,038 from the City's Municipal .State-Aid Street Funds to be applied towards the reconstruction of County Road D, RESOLUTION 85-029 APPROPRIATION OF MUNICIPAL STATE-AID FUNDS TO C.S.A.H. OR T.H. PROJECT Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Makowske to adopt the reso- lution which would appropriate $41,090.75 from the City's Municipal State-Aid Street Funds to apply towards the reconstruction of County Road D. RESOLUTION 85-030 APPROPRIATI.ON OF MUNICIPAL STATE-AID FUNDS TO C.S.A.H. OR T.H. PROJECT Motion carried unanimously. An amendment of the City' s Ordinance 1982-002 to permit Group W Cable to combine the higher education access and private education channels and thereby provide 12 rather than 13 special access channels to the City was accepted as an agenda • addendum. Councilman Makowske suggested the description of the channels could be listed in a more easily understood fashion and drew the Council 's attention to the fact that the "private" school access had erroneously been referred to as the "public" school access in line 6. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the first reading of Ordinance 1985-003 with changes suggested by Councilman Makowske. ORDINANCE 1985-003 AN ORDINANCE AMENDING ORDINANCE 1982-00.9 REGARDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND GROUP W CABLE Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 9:07 P.M. for the St. Anthony Housing and Redevelopment Authority meeting which followed immediately. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor ATT ATTEST: City Clerk