Loading...
HomeMy WebLinkAboutCC MINUTES 04281987 Meeting Sheet i 11111 VIII 11111 I I I VIII VIII IIII IIII 10166) Box: 21 FolderrCC MINUTES AND AGENDAS 1987 Document: CC MINUTES 04281987 C=TY OF S T . ANTHONY COUN C 2 L M=NUTE S APR= L 2 8 1 9 8 7 The meeting, which followed the Board of Review, was opened at 7: 46 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call: Marks, Sundland, Enrooth, Makowske. Absent: Ranallo. Also present: David Childs, City Manager William Soth, City Attorney Steven Patrick of BWBR Architects APRIL 14, 1987 COUNCIL MINUTES Motion by Marks, seconded by Makowske to approve the above as submitted. Motion carried unanimously. LICENSES/PERMITS/PETITIONS Motion by Marks, seconded by Enrooth to grant the following as listed in the April 28 , 1987 Council agenda packet: Juke Box Slick' s Alternative Contractors Milton Johnson Roofing & Sheet Metal Co. Able Fence, Inc. Lofgren Remodeling Cigarette F. W. Woolworth Co. Country Club Market, Inc. Amusement Devices C. G. Rein Company ( 34 machines) Service Station St. Anthony Standard Heating SNeil Heating & Air Conditioning -2- Of f-Sale 2-Off-Sale Town & Country Foods Motion carried unanimously. CLAIMS Motion by Makowske, seconded by Enrooth to approve the verified claims for liquor accounts payable listed for April 13 , 1987 in the April 14, 1987 Council agenda packet. Motion carried unanimously. Before approving the BWBR billing, there was a brief discussion with Mr. Patrick related to the $4, 098. 19 his firm had charged for making the prints to be distributed to bidders on the municipal liquor store renovation project. Motion by Marks, seconded by Makowske to approve payment of the following as listed in thke April 14, 1987 Council agenda packet: *$4,098 . 19 and $5,339. 33 to BWBR Architects for printing and con- sulting services during March, 1987 , in conjunction with the remodel- ing of the Stonehouse Bar and construction of a liquor warehouse addition adjacent to the bar; *$24,896.08 to the Metropolitan Waste Control Commission for sewer services in April. Motion carried unanimously. REPORTS APRIL 14, 1987 PLANNING COMMISSION MEETING - COMMISSIONER RON HANSEN Setback Variance Approved for 3301 East Gate Road Application: for setback variance to allow construction of improvements to the existing house and freestanding garage at the above address which would result in the garage becoming an attached garage. This would re- quire a variance because the existing garage is only 24 inches from the property line and therefore, legally nonconforming under the Zoning Ordinance. In addition, the northerly neighbor' s garden shed actually encroaches onto the Peterson property one or two feet. A new - laundry room and two season porch area also proposed, neither of which would exacerbate the current setback problems for additions to nonconforming structures, but which would require a variance. • -3- Proponents: Brett and Robin Peterson, owners and residents who were both present but did not speak. Copies of the letter from the Peterson' s northern-most neighbor and owner of the garden shed, which indicated approval of the variance, had been included along with other supporting documents provided the Commissioners in the Council' s agenda packet.. Opposition: none, and none had been demonstrated either before or after the Commission- hearing on the variance request. Commission recommendation: that the variance be granted. Council Action Motion by Makowske, seconded by Marks to grant the petition for a setback variance from Brett and Robin Peterson, which would allow construction of improvements which would connect an existing detached garage to the Peterson house at 3301 East Gate Road. The Zoning ordinance requires a 5 foot sideyard setback for attached garages. The existing detached garage has a 2 foot nonconforming sideyard setback which requires a variance to be granted for additional construction. In granting the variance, the Council finds, as did the Planning Commission: -the addition would probably make the rear portion of the property look more attractive; -both the existing home and the new addition would become safer for fire separation purposes because firewalls are required when struc- tures are joined; -no one spoke against the proposed variance during the Commission hearing and staff reported receiving no calls either for or against the proposal prior to the Commission or Council meetings on the matter; -staff had recommended the variance be granted; and -all three conditions required to be satisfied affirmatively before a variance can be granted have been met with this proposal and had been satisfactorily addressed by the petitioners on their application. Motion carried unanimously. Sign Variance Granted for Equinox Apartments, 2808 Silver Lane N.E. Application: from Equinox management and the sign company for the variances necessary to replace three existing two foot -4- by four identification signs and to add a fourth sign next to the Hardees entrance sign west of Silver Lake Road near the Mobil Station. One of the signs had been proposed to be relocated within the City' s right-of-way on the southwest intersection of Silver Lane and the Equinox Apartments driveway. Hansen' s report: said the Commission viewed this as a reasonable request because of the unique configuration of the subject pro- perty stretching out over a large area which is bounded by a number of streets and entrances requiring more identification than usual. Proponent: Tim Gow of E.S. I . Signs, 841 Grand Avenue, St. Paul -said the apartment management was concerned how much additional expense would have to be incurred to make the signs "ground-hugging" as required by the Sign Ordinance; -was told the berm can' t be higher than 3 feet; -indicated the tops of the proposed signs would be no . higher than five feet from the existing ground level with the signs themselves only two feet tall. Commission recommendation: approval, as long as signage meets City' s conditions. Council Action Motion by Marks, seconded by Enrooth to grant the necessary variances to the Sign Ordinance to Equinox Apartments, 2808 Silver Lane, to allow them to replace the three identification signs on their property with ground signs of substantial construction which would be bermed or landscaped to fit in with the surrounding terrain. The sign heights, including berms, would not exceed 5 feet above the current ground levels. The applicant is also permitted to relocate the sign near Silver Lane closer to that roadway for better visibility on condition it does not encroach into the City' s right-of-way or obstruct the field of view for traffic in or out of the apartment driveway. The Council also allows the applicants to erect a fourth sign under the same conditions as the three to be replaced for Silver Lake Road identification to be located in the area shown on the sketches which accompanied the application. In granting the variances necessary for these signs the Council finds, as did the Planning Commission, that: -this property is unique in that it has access from a number of street • entrances, probably requiring more identification; -5- -even with the additional sign, the total square footage would be in compliance with the amount of signage the Ordinance permits the com- plex; -all three conditions required to be satisified affirmatively have been done so with this proposal; and -there was no opposition demonstrated to the variances being granted either prior to or during the Commission hearing or Council considera- tion of the request. Motion carried unanimously. Drainage Plan to be Required for Subdivision Without Platting of Parcel Owned by David Evanson at Approximately 3512 Silver Lake Road Application: for subdivision without platting of Lot 5, Block 6, Gardenia Acres into four single family, residential lots approximately 75 feet by 131 feet in size. Two lots would front on the 3500 block of Silver Lake Road and the other two would have frontages on the 3500 block on Belden Drive N.E. Hansen: reiterated the minutes report of concern from the Bel- den Drive neighbors about how the lots would be devel- oped and whether there would be runoff from the devel- oped lots which might prove harmful to their properties; pointed out that the history of controversy between these neighbors and the Evanson family had been docu- mented in the data provided in the Council' s agenda packet as well as covered in the Commission minutes of the hearing; indicated those neighbors were anxious to see the plans, especially for grading and drainage, before the develop- ment is approved by the City. Staff report: Mr. Childs had included his April 16th memorandum to the Commission on this development in the Council' s agenda packet; said the property owner would be required to submit a grade plan showing elevations, drainage lines, etc. , along with a final plan for Planning Commission consi- deration and neighbor input, probably next month. Proponent: David G. Evanson, 2208 - 73rd Avenue North, Brooklyn Park: reported drainage plans were being drawn by the sur- veyors which he hoped would be available that weekend for showing to the neighbors; said his property does "crown" the area between Silver Lake Road and Belden Drive and the Belden side is much lower; agreed with Councilmember Marks that the particular property posed an. opportunity for some "innovative architecture" when it came to homes to be built there; reported some prospective buyers were already consider- ing plans for either multi-level or semi-contemporary homes which could take advantage of the view of the Minneapolis skyline without being obtrusive in relation to the existing homes in the area; told Councilmember Enrooth the grading plan would show suggested home styles for particular lots based on topo- graphy which should avoid the "chaotic" appearance the Councilmember was concerned might result from too much diversity; . indicated Chris Paidosch and his financee were inter- ested in one of the lots and were only present that evening to observe the proceedings; agreed with both Councilmembers Marks and Enrooth that in all probability the lots would not have to be leveled to the Belden Street grade, nor would all the trees have to be removed. Childs perceived some compromise on elevations would be nec- essary because he knew the neighbor to the north would prefer to have all the earth to the south removed. Evanson said if a grading plan is approved by the neighbors, Commission and Council, he perceived it might be nec- essary to delay the actual grading until driveways, homes, etc. are completed to avoid removal of vegeta- tion which currently holds back erosion down into the street. Commission recommendation: to deny subdivision without platting until after grading and elevations are approved for a final plat. Council Action Motion by Enrooth, seconded by Makowske to deny the request from David Evanson to subdivide without platting the property at approximately 3512 -7- Silver Lake Road, at least for the present and instead, direct the applicant to prepare a final plat and a grading plan which would be consistent with the City' s requirements and the neighbors' concerns about drainage and utility easements similar to those required for the Johnson and Hertog subdivisions. Motion carried unanimously. Nelson Request for Setback Variance for Attached Garage, Etc. at 3412 Roosevelt Street N.E. Approved Application: from Dwayne and Nancy Nelson of the above address for a variance from the setback regulations of the Zoning Ordinance to allow construction of an addition to the south and west sides of the existing single car garage to within 6 feet of the south property line. Commission recommendation: Hansen indicated the Commission minutes had reflected the intent of the Commission to not further delay action on the request; said the applicant and his adjoining neighbor had been . given a month to settle their differences and the Commission conclusion had been that it would not be fair to either party to delay a decision any further; indicated the Commission was now recommending Council approval of the proposed addition. Proponents: Nancy Nelson and her daughter, Kris, who indicated their desire to get on with the project. Opponents: no one was present to speak against the variances. Council Action Motion by Enrooth, seconded by Marks to grant Dwayne and Nancy Nelson a 4 foot sideyard setback variance for the 22 foot wide attached double garage they propose to construct on their property at 3412 Roosevelt Street N.E. on the condition the gutter system is put in to drain runoff away from the adjoining property. In granting this variance, the Council finds, as did the Planning Commission, that: -the City had already given the neighbors a month to compromise their differences; -any further delay would impose an undue hardship on the applicants ' plans for construction; • -8- -Mr. Nelson had satisfactorily addressed all three questions which had to be answered in the affirmative for the City to grant this variance; and -precedents have been set for allowing double garages in that same block and, in fact, the current City Zoning Ordinance requires double garages for all new construction. Motion carried unanimously. The Mayor noted the Commission vigilance related to signage they perceived to be nonconforming around the City. Mr. Childs reiterated that if the Vargas signage on the real estate office at 3909 Silver Lake Road is not constructed in a manner consistent with the City' s requirements by May 10th, the matter would be referred back to the Commission at their May meeting for consideration of removal of the sign altogether. Councilmember Enrooth indicated he was glad to hear that because he perceived the problem with signage at that location had dragged on for over five years and he thought the sign area should just be leveled off if satisfactory signage is not provided by this tenant. Commissioner Hansen was thanked for his report. COUNCIL REPORTS Resident Explains Why City Portion of the State' s Right-of-Way Is Not Mowed Makowske said she had contacted Larry Hamer to see if the stretch of unkept area between Highway 88 and Old Highway 8 near the vacated Medtronics building couldn' t be mowed by City crews. David Haystay, 3635 Chelmsford Road N.E. indicated he was present to discuss the proposed parking ordinance but because he worked for the Minnesota Department of Transportation, perceived he might be able to shed some light on this issue; said that particular stretch of state right-of-way was one of urban lower frequency travelled areas which the state had reserved for the Pheasants Unlimited program, which state highway crews may not mow until August 1st each year. Manager Reports St. Anthony Reconstruction Project Has Not Been Given Final State Inspection to Date Mr. Childs said he knew there was a great deal of interest in having the above done and he indicated to Councilmember Makowske he would be contacting the City Public Works Director for further information as to when the inspection would be completed. -9- Conflicts Over Who Would Control Ground Water Becoming Statewide Issue Enrooth reported the above had become apparent during discussions carried out at a recent watershed district seminar he had attended; indicated the problems the Rice Creek Watershed District had experienced trying to formulate a policy was nothing compared to those statewide resulting in only 3 out of 103 plans being adopted; perceived many of the questions raised had relevance to the City' s water contamination problems; and anticipated the controversies had only started. Plaque and Letter from St. Anthony Council on Their Way to Sister City Sundland reported the above had been sent to Salo, Finland, to com memmorate the City' s Sister City' s 100 Anniversary in June. Mayor Welcomed Participants at the MuniciPals Banquet, Coordinated and Hosted This Time By St. Anthony and New Brighton . Mayor Sundland reported 419 municipal office workers had been in attendance at the above banquet held in the International Market Square in the Atrium, April 22nd. He said he had "razzed" New Brighton Mayor Benke about going to Brighton, England in time for that City' s 100th Anniversary, even though New Brighton does not share a Sister City relationship with the English town. The Mayor reported all those who had participated in the Volunteer Recognition dinner, April 23rd, had also seemed to enjoy that event. Councilmember Marks Represents Suburban Youth Service Bureau at Arden Hills Council Meeting, April 27th The Councilmember indicated it had been very interesting for him to see how another municipality works. He also indicated the session had been video taped, which seemed to require the presence of quite a number of staff in addition to the City Attorney and the person taking notes. DEPARTMENTS AND COMMITTEES *The report from the Edward J. Hance law firm on matters conducted at the Hennepin County District Court on April 15 , 1987, in which they represented the City as City Prosecutor, was discussed briefly before it was ordered filed. • • -10- CITY MANAGER REPORTS Mr. Childs answered questions about the following matters discussed in the April 21st staff meeting notes: -told Councilmember Makowske the new Chevy Caprice Classic squad car would be put on line by the Police Department that week. Said the Department had been very disappointed that the Celebrity model was not offered as a squad car this time; -told Councilmember Marks the Police Department had to readvertise for a secretary and several promising candidates had already been inter- viewed to replace the temporary secretary who is working in the Department now. Special Council Meeting on Bonding for Stonehouse Project Scheduled for April 29, 1987 Mr. Childs reminded the Councilmembers of the above meeting with the Springsted representative which would be held in the Council Chambers at 4: 30 P.M. City to Assume Responsibility for Claims Resulting from Street Width Variance for Next St Anthony Boulevard Reconstruction Project Mr. Childs had distributed copies of a proposed resolution designed to hold the state harmless against any claims which might arise because the. City had been allowed to reconstruct the stretch of St. Anthony Boulevard past the Gross Golf Course to a 32 foot wide design rather than the required 36 foot width. When Councilmembers speculated that there would be little possibility that would happen, Mr. Hastay told them the new tort law had opened all kinds of opportunities for lawsuits against public entities which had not existed before. The MNDOT employee gave us as an example the case of litigation a couple of years ago which had resulted when a woman had gone through the stoplight on Highway 88 and County Road C and the court had found the state 1% negligible because of the median design. The state' s share of that judgment had been about $100,000. A similar resolution had not been necessary when the portion of St. Anthony Boulevard west of Highway 88 had been reconstructed, Mr. Childs said, because that project had been constructed without a variance. Council Action Motion by Marks, seconded by Makowske to adopt Resolution 87-017 . • -11- • RESOLUTION 87-017 A RESOLUTION REGARDING A STREET WIDTH VARIANCE GRANTED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO THE CITY OF ST. ANTHONY Motion carried unanimously. Senator Marty' s Support Sought on Legislative Issues Considered Potentially Harmful for St. Anthony Mr. Childs had distributed a draft of the letter he had written to the legislator after - attempts to reach him by other means had failed. The letter, stating the City' s position on various pieces of legislation being considered, which the Council perceived could be very harmful for St. Anthony would also be sent to State Representative John Rose, who had already indicated his support. The Council reacted as follows: Enrooth -wondered if the letter could be made stronger. Makowske -said she was really "steamed" about the legislation she . perceived would be: *cutting into the revenues from its liquor operation the City uses in lieu of property taxes; *imposing a 6% tax on all St. Anthony purchases; *reducing local government aids at the same time a cap is placed on the City' s ability to levy to replace the revenues which are lost; -said she didn' t see how the Council could be expected to run a City which has no slack: at1411. in its budget right now. Sundland -reported he had learned just that day about another area where the state would be hampering the City' s efforts to save money; -indicated Jim Johnson of Federal Surplus Properties had called him to let him know that a $900,000 dollar bill had been tacked onto another spending bill which would move the responsibilities for surplus away from the Department of Administration into another state department and into a vacated building in downtown St. Paul; -perceived this could be a real loss for the members of the • Surplus Properties Committee he serves on who represent counties, school districts , parochial schools, hospitals; • -12- and other municipalities who have saved over a million dollars purchasing surplus equipment which can be fixed up for use rather than purchasing new; -reported one of the major problems with the change in the program would be that the experienced screeners who knew where to look for needed articles would now probably be replaced by a truck driver who worked for the Ag College and who had little expertise in that field; -indicated the current screeners are now looking for more than 700 items of used equipment Committee members have indicated they could use; -said Representative Rose would be looking into this new "spending" bill; -pointed out that one of the savings the City had experienced with the existing program had been to be able to purchase a used Army ambulance for $300 which the Fire Department had been able to convert into a civil defense vehicle. Marks -said he would try to get in touch with Senator Marty to seek • his support on these issues. Mr. Childs reported that at least the Wine in Grocery Stores bill had been laid over for another year. Councilmember Marks commented that he perceived that legislation "had a level of reincarnation it didn' t deserve. " Mayor Sundland said the only time he felt safe was when the Legislature wasn' t in session. Legislators Invited to Attend St. Anthony Chamber of Commerce Meeting, May 5th. Mayor Sundland urged all the Councilmembers to be in attendance at this 7 : 30 A.M. meeting at Chandler Place where Senator Marty and Representative Rose would be answering some hard questions from business men related to some of the bills coming out of the Legislature this year. Mr. Childs confirmed that both legislators had indicated they would be coming and he urged the Councilmembers to RSVP as soon as possible. NEW BUSINESS Low Bids Accepted for Road Materials Per Public Works Director Recommendations Mr. Hamer' s April 23rd memorandum reported the quotations for the above is had been received April 13th to be awarded in 1987 . He had also indicated he anticipated no price changes until April, 1988. -13- Council Action Motion by Marks, seconded by Makowske to accept the above and award the contracts to: *Midwest Asphalt for blacktop materials; *Koch Materials for sealcoating oil; *Wyatt Bros. Ready Mix for concrete; *Barton Sand & Gravel for aggregate. Motion carried unanimously. Architect Presents Bids for Stonehouse Remodeling/Reconstruction Projects Steven Patrick of BWBR Architects answered questions from the Councilmembers related to the eight bids which had been received for the off-sale liquor store which had ranged from $324,000 to the low bid from Fulco Construction for $288,500 and the $17,866 bid from PYA/Monarch, Inc. to provide the bar furniture for the remodeled bar. Mr. Childs had reported in his April 23rd memorandum that the costs of remodeling the Stonehouse Bar would be approximately $150,000-160,000, barring unforeseen expenses. He had also advised the cost estimates for the restaurant and seating area addition would be about $60,000 as indicated in Mr. Hamer' s April 20th estimate -of those costs. • The preliminary estimate in terms of bonding, which had been given by Springsted, Inc. , had been included in Mr. Childs ' memorandum where the Manager had suggested options the Council might want to consider related to the sale of the bonds; the inclusion of a restaurant in the project; and the availability of the Public Works Department crews to do the remodeling project. Mr. Patrick told the Councilmembers his company had researched the low bidding contract and found out that they had some experience in building liquor stores, fire stations, etc. He said Fulco had been willing to hold their bid price until after the bonding sale, May 26th. The architect asked the Council to award the contract for the liquor store contingent on the City acquiring financing. Mr. Soth advised that could be done because, if the financing is not received, all bids could then be rejected. Mr. Childs said he perceived the question was not whether the City could get financing for the project, but how much the interest rate would be. He then went over the figures he had given as a preliminary estimate of such a bond and Springsted quotes for contingency costs in the copies of the financial consultant' s letter the Manager had put in the Council mailboxes that day. The estimated bond total for the project was $685,000 with estimated • annual debt service costs amounting to $97, 500. -14- Mr. Childs had posed three different ways in which the restaurant portion could be provided, and he said a talk with Mr. Nelson that day had convinced him there would be some real advantages to construct the kitchen while the bar is torn up. He also said the Liquor Manager had indicated he was confident he could find somebody to run the restaurant even though the Mannings had said they were no longer interested. Councilmember Enrooth said just getting someone to run the restaurant would probably be no problem, but getting someone who is really good might be. The Manager told Councilmember Makowske it would be very difficult to predict what effect the sale of wine in grocery stores would have on the new liquor store if it ever came about. But, Mr. Nelson foresees a greater impact if strong beer is permitted to be sold in grocery stores or places where 3. 2 beer is now allowed. The Mayor agreed, saying the City would lose all control over those sales with the new legislation. Mr. Childs suggested another way to look at the issue would be to compare the cost of the new liquor space at $6.00 per square foot for the next ten years with what the City would have to pay for the same amount of space at Apache for the same period. He indicated the City would naturally close the Apache operation first if these outside sales became • realities. Councilmember Enrooth commented that he perceived the new building had an intrinsic value to the City in any case. Council Action Motion by Enrooth, seconded by Sundland to accept the low bid of $288, 500 and to award the contract for the construction of the new off-sale liquor store to Fulco Construction, on terms acceptable to the City. Motion carried unanimously. Mr. Childs reported the City had saved over $1,000 by splitting out the costs of the bar furniture and rebidding them, even though Monarch Company had been the only one to submit a bid. Motion by Makowske, seconded by Enrooth to accept the low bid of $17 , 866 and award the contract for the bar furniture for the Stonehouse remodeling project to PYA/Monarch, Inc. Motion carried unanimously. UNFINISHED BUSINESS Council Drops Restriction Against More Than Four Vehicles Parked on Residential Lot From Proposed Ordinance 1987-002 • The second reading of the proposed ordinance changes resulted in the above following an indepth discussion with three residents who opposed one or more of the changes in Section 4. -15- Mr. Hastay said he would probably be in violation of both paragraphs 13 and 14 of Section 4 if the former applied to existing gravelled driveways. He said further that: -he has a travel trailer, a camper, a utility trailer and his son parks a small tent trailer in the same confined, covered area in his back- yard; -in the front yard he parks a work vehicle he has to have available to drive 24 hours a day, seven days a week, on the grass because of the hassle of getting it moved with his son' s and daughter' s car, as well as a small tractor he uses to plow his and his neighbor' s driveways, which he parks in front of his two stall garage where he has two other cars parked; -none of the cars are there during the day; -he had gone to quite a bit of expense putting in an 8 foot wide gravel driveway to reach his rear yard because he had no place else to park his summer vehicles where they wouldn' t be vandalized during the winter; -there was plenty of room in his backyard and he didn' t see why he couldn' t leave those vehicles there in the winter; -none of his immediate neighbors have ever complained to him about the number of vehicles he has; -he questioned whether there had really been enough complaints about other properties to justify such radical changes in the Ordinance; -the City would not let him put in four stalls when he built his garage. Myron Getter, 3409 - 33rd Avenue N.E. : -said his family had seven cars, a 'boat and a couple of trailers parked on his driveway and he perceived it was none of the City' s business how many they could afford; -was told the City was not trying to restrict the size of families but was only reacting to what happened on rental property when seven or eight students could rent a house and all parked their cars on the property. -indicated he knew some people were running businesses out of their homes by the type of vehicles parked on their property; -said he knew the case the City was trying to get rid of but didn' t think it was necessary to write a whole new ordinance for which half . the City would have to seek variances. • -16- -agreed parking on grass during the growing season could pose a pro- blem for the City; -conceded the Ordinance might need to be changed to make some differen- tial between trucks and front end loaders and recreational vehicles; but -said he walks all over the Village every day and just doesn' t see that many problems. Ted Misiac, 2812 - 30th Avenue N.E. : -reiterated some of the problems his family of five would experience with the changes which he had told the Council about at two of their previous meetings; -said he didn' t want to make one of his children move because the City wouldn' t let him have all the vehicles they needed for school and work; -was told whether or not he could add a carport to the side of his single garage would depend on the existing setbacks on his lot. Council and Staff Reaction: Enrooth -told the residents there had been conditions which had been tolerated for some time which had gotten progressively worse which caused the level of complaints to mount; -indicated other municipalities had addressed similar problems in their ordinances and it seemed reasonable for St. Anthony to do likewise; -told Mr. Hastay people like him who have a justification for vehicles like his work vehicle, can seek a variance where the real violators won' t be asking for one; -told Mr. Getter it was not only one location the City needed this Ordinance for, but from four to seven property owners who would be immediately affected when this Ordin- ance goes into effect; -when Councilmember Makowske proposed eliminating the restriction of number of cars parked on a driveway, com- mented that he perceived no one had really been comfortable with limiting the number to four but the hope had been that if one situation wasn' t solved altogether, it would have at least been modified to some extent. That opportunity would be lost with the elimination of paragraph 14. • Sundland -said he thought some people were hung up on whether or not their guests could park temporarily in their driveways and -17- the City Attorney had already indicated the Ordinance wouldn' t apply to guests because the Ordinance only re- fers to vehicles operated or kept on the lot by the occupant of the residence; -told Mr. Misiac the City would not be making him get rid of of any of the cars his family needs; -reiterated what Mr. Childs and Mr. Soth had told Mr. Hastay that the Ordinance had been designed to prevent people from gravelling their backyards but no action would be taken against him because of the graveled surface he already had in that area or because he reconditioned it since it is grandfathered in; -reiterated that an ordinance was the only vehicle the City had to force some of the worst situations to be corrected because the neighbors' conversations with the offenders; police attempts to contact them; and even registered let- ters, had failed to solve the situation in the past; -told Mr. Hastay some of the complainers about certain situ- ations had not wanted to be identified; • -said the Ordinance might not solve all the problems it was geared towards, but at least future problems might be avoided if staff could make new residents aware of the Ordinance' s existance; -concurred with Councilmember Marks that paragraph 14 would not solve the problems with front loaders, etc. in front yards, but some other tack would have to be taken to solve that problem. Soth -said the problem with trying to draw the line between the type of vehicles a resident can keep on his property is one of semantics. Where do you draw the line in defining what' s "residential" and what' s not? Childs -perceived the intent of the Ordinance had been to identify problem spots and work with the people to get them squared away; -told Mr. Getter the police would always document any ongoing parking problem to be certain the vehicles belonged to the occupant and not to guests, etc. who had left them there temporarily. Marks -said he was not comfortable with telling people they have to go through a variance procedure to park more than four cars • in their driveways; • -18- -felt there were just too many steps and time involved to just park one or two extra cars; -perceived the City was using "an awfully heavy hammer" to get at a small number of cases; -understood the City was looking for a means of controlling a couple of bad situations; but -perceived there was nothing to prevent an "over-ambitious new policeman" from writing tickets ; -also perceived there might be a change of Councils and any unwritten agreements might not be in place with the new officials. Makowske -agreed the Council might have been going too far with this Ordinance and, as she had suggested a month ago, the Ord- inance could be taken in steps; -suggested paragraph 14 might not be needed right now, but if it became apparent that more strength was needed, that paragraph could be reinstated at a later date; -concurred that the problem with dump trucks and front loaders parked in residences wouldn' t be addressed with this section anyway. Council Action Motion by Marks, seconded by Makowske to approve the second reading of Ordinance 1987-002 with paragraph 14 of Section 4 eliminated altogether and paragraph 15 renumbered 14. ORDINANCE 1987-002 AN ORDINANCE RELATING TO THE DEFINITION OF A FAMILY AND TO OFF-STREET PARKING REGULATIONS; AMENDING SUBDIVISION 2 OF SECTION 2 OF APPENDIX I ( ZONING) OF THE 1973 CODE OF ORDINANCES BY AMENDING PARAGRAPH 29 AND. BY ADDING A NEW PARAGRAPH 77(a) : AND AMENDING SUBDIVISION 9 OF SECTION 12 OF SAID APPENDIX BY AMENDING PARAGRAPH 8 AND BY ADDING NEW PARAGRAPHS 13 , 14 , AND 15 Voting on the motion: Aye: Marks , Makowske, Sundland Nay: Enrooth • Motion carried. • ADJOURNMENT Motion by Marks, seconded by Enrooth 'to adjourn the meeting at 9 : 30 P.M. Motion carried unanimouslv. Respectfully submitted, Helen Crowe, Secretary 4Mi ,r 212 or ATTEST: City Clerk • :cjk •