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HomeMy WebLinkAboutCC MINUTES 06021992 Meeting Sheet IIIIII II II VIII VIII VIII VIIIIIII IIII 101299 Box: 19 Folder: CC MINUTES AND AGENDAS 1992 Document: CC MINUTES 06021992 • ST . ANTHONY CITY COUNCIL 3 REGULAR COUNCIL MEETING 4 5 JUNE 2 , 1992 6 7 8 9 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 10 11 The meeting was called to order at 7 : 30 p .m. by Mayor Ranallo 12 who led the Pledge of Allegiance . 13 14 15 2 . ROLL CALL 16 ,17 Council Present : Mayor Ranallo, Councilmembers Marks , 18 Fleming and Wagner . 19 20 Councilmember Enrooth was out of town . 21 22 Staff Present : City Manager Burt and Management 23 Assistant Urbia 24 25 Mayor Ranallo introduced Linda Swenson , the new Bulletin reporter . 2 29 3 . APPROVAL OF JUNE 2 , 1992 COUNCIL AGENDA 30 31 Motion by Marks , second by Fleming to approve the agenda for 32 the Jure 2 , 1992 Council Meeting with one addition to the 33 Manager ' s Report , that being, the status of the Pirino 34 property . 35 36 Motion carried unanimously 37 3-8 39 40 4 . APPROVAL OF MAY 26 , 1992 COUNCIL MEETING MINUTES 41 42 Motion by Marks , second by Wagner to approve the minutes of 43 the May 26 , 1992 Council Meeting as presented with the 44 following correction : 45 46 page 3 , line 17.: The sentence shou.ld read : "She also told 47 the Mayor she is trying to find out the 48 date of the Wall Street Journal article. " 49 Delete all of the rest of the sentence . 50 51 Motion carried unanimously 54 REGULAR COUNCIL MEETING JUNE 2 , 1992 3 PAGE 2 4 5 6 5 . LICENSES/PERMI.TS/PETITIONS 7 8 Contractor ' s License 9 10 Motion by Marks , second by Wagner to approve the application 11 for a contractor ' s license as submitted by Lone Oak Tree 12 Service, Inc . of Minneapolis , Mn . 13 14 Motion carried unanimously 15 16 Heating Licenses 17 18 Motion by Marks , second by Wagner to approve the application 19 for a heating license as submitted by Snell Mechanical & A/C 20 of Bloomington , Mn. 21 22 Motion carried unanimously 23 24 25 Motion by Marks , second by Wagner to approve the application 26 for a heating license as submitted by Sharp Heating & A/C of 0 Columbia Heights , Mn . 29 Motion carried unanimously 30 31 32 Motion by Marks , second by Wagner to approve the application 33 for a heating license as submitted by Anderson & A/C of 34 Columbia Heights , Mn . 35 36 Motion carried unanimously 37 38 39 Motion by Marks , second by Wagner to approve the application 40 for a heating license as submitted by Superior Contractors , 41 Inc. of Minneapolis , Mn . 42 43 Motion carried unanimously 44 45 46 Multiple Dwellina License 47 48 Motion by Marks , second by Wagner to approve the application 49 for a multiple dwelling license as submitted by Kleinman 50 Realty for 144 units at Diamond 8 Terrace . 51 Motion carried unanimously 4 REGULAR COUNCIL MEETING JUNE 2 , 1992 3 PAGE 3 4 5 3 . 2 Beer Permit 6 7 Motion by Wagner , second by Fleming to approve the application 8 for a 3 . 2 beer permit as submitted by Greg Prom for use in 9 Central Park on July 31., 1992 , 4 : 00 p.m. to 10 : 00 P.M. 10 11 Roll call : Ranallo , Fleming, Wagner - aye 12 Marks - nay 13 14 Motion passes 15 - 16 6 . PRESENTATION OF CLAIMS 17 18 Motion by Marks , second by Fleming to approve the three pages 19 of verified claims as prepared by the Finance Director . 20 21 Motion carried unanimously 22 23 24 7 . REPORTS 25 A. Planning Commission Report 41 Commissioner Gondorchin was representing the Planning 29 Commission . 30 .31 1 . South End Redevelopment 32 33 The City Manager advised that all four options . for 34 redevelopment of the South End of the City , as drafted by 35 BRW, were presented to the Planning Commission . He noted 36 that the subjects of the Unocal Station , taxes and the 37 Tax Increment Financing District extension were 38 discussed . 39 40 Members of the Planning Commission felt further 41 discussion was needed of all four options , specifically 42 regarding land usage . The Commission did recommend that 43 the Good Luck Cafe and Rosie ' s Cafe be purchased by the 44 City for future development -and the roadway design and 45 proposed landscaping were acceptable . 46 47 The City Manager stated that he is presently waiting for 48 an appraisal to be done on the Rosie ' s property. The 49 building is now vacant and the owner appears to be eager 50 to sell . The City Attorney has recommended that an 51 appraisal be conducted so the City will not be paying too much for the property . He hopes to avoid condemnation . He is also hopeful of acquiring the Good Luck property in 54 the near future . REGULAR COUNCIL MEETING JUNE 2 , 1992 3 PAGE 4 4 5 The City Manager noted that a small portion of a 6 residential lot will have to be purchased for the 7 project . He will be negotiating this soon . Construction 8 should begin some time next season . 9 10 He noted that there were some very positive comments made 11 at the Planning Commission ' s Public Hearing. It was 12 difficult to explain Tax Increment Financing in a short 13 time but most people appeared to have an accurate 14 understanding of its intent . 15 16 Motion by Marks , second by Wagner to approve the concept 17 plan for the roadway - in the South End of the City as 18 recommended by the Planning Commission . 19 20 Motion carried unanimously 21 22 23 2 . Chancres to the Parking Ordinance 24 25 Commissioner Gondorchin advised that the Planning Commission had viewed the videotape made by staff . This io videotape recorded situations which presently exist in the City which would be in violation of the proposed 29 . ordinance . 30 31 He noted that the ordinance was recommended for approval 32 by the Planning Commission with one abstention . 33 34 Mayor Ranallo advised those in attendance of the reasons 35 for pursuing this ordinance . He noted that members of the 36 City Council have received numerous complaints from 37 residents regarding recreational vehicles and equipment 38 which is ,parked in front yards . These property owners 39 have not indicated their opinions to their neighbors in 40 order to avoid hard feelings . Staff had been instructed 41 to pursue two ordinances ; one which addresses parking 42 regulations with regard to front yard parking and a 43 housing maintenance ordinance which would address issues 44 such as paint , disorderly yards , poor landscaping, etc . . 45 46 The Mayor noted he has received approximately fifteen 47 phone calls regarding this proposed ordinance. Some of 48 the callers were in support of the ordinance 'and some 49 were not . He felt those who were supportive would not be 50 attending the meeting tonight . 51 He stated that the regular council meeting had been rescheduled to the first Tuesday of the month because 54 there was a conflict with the League of Minnesota Cities ' REGULAR COUNCIL MEETING JUNE 2 , 1992 PAGE 5 4 5 6 Conference . He wanted this to be made clear as some 7 residents stated they felt the meeting had been changed 8 to avoid public comment regarding the proposed parking 9 ordinance . 10 11 In response to the claim that this proposed ordinance has 12 received little publicity , the Mayor noted he had 13 mentioned it in his, cable television program which has 14 been run on cable seventeen times . He had also referred 15 to this matter in his goalsetting article which appeared 16 in the City newsletter. 17 18 The City Manager advised he has received an opinion from 19 the City Attorney regarding property owners voting on 20 this issue . The opinion stated that only the City Council 21 can pass or rescind an ordinance . This matter cannot be 22 placed on a General Election ballot for all property 23 owners to vote on . 24 25 The City Manager, referring to the section which includes 26 R-1A zoning, stated that this zoning is being considered for removal from the ordinance . The only R-lA zone in the City is on Silver Lake property . The front yards of lake 29 property most often faces the street and the back yards 30 face the Lake . These property owners store their 31 recreational equipment in their front yards in most 32 instances . 33 34 Ron Sonmore, 2708 34th Avenue, who is a thirty-four year 35 resident of St . Anthony, stated he has owned boats and 36 recreational vehicles for over twenty years . He has 37 stored this equipment in his front yard for all of that 38 time and has received no complaints . 39 40 Mr . Sonmore took umbrage at having recreational vehicles 41 labelled as "visual pollution" by a Planning Commission 42 member . He 'and his wife toured seventy-one square blocks 43 of the community and took thirty-four photos of 44 recreational equipment in that area . He submitted his 45 photos to the Council and is of the opinion that all of 46 this equipment was being stored in an accepta-ble manner . 47 48 Mr . Sonmore feels that there are some problems with the 49 parking of commercial vehicles in residential 50 neighborhoods , but noted there are already laws on the 51 books which address these problems . Mr . Sonmore said that thirty percent of the City ' s residents are senior citizens and many of them have recreational vehicles . He disagrees that senior citizens ' incomes are "expandable" REGULAR COUNCIL MEETING 0 JUNE 2 , 1992 3 PAGE 6 4 5 6 and that storage is available, affordable, or in close 7 proximity to the City . He personally drives fifty miles 8 to store his motor home in the winter . 9 10 Mr . Sonmore suggested that a 50 ' s solution is being 11 proposed for a 90 ' s problem. 12 13 Bob Ring, 32-16 Edgemere Avenue, stated he will have 14 problems with the forty-eight hour limit being proposed. 15 He noted that his recreational vehicle is frequently in 16 his yard for a week or ten days . He suggested a ten day 17 limit may be more acceptable. 18 19 Councilmember Fleming said she has received more phone 20 calls from residents who support the proposed ordinance 21 than from those who oppose it . She inquired of Mr. 22 Sonmore if he has noticed an increase of . recreational 23 vehicles in the City . He responded he has not really 24 noticed an increase and was surprised at how few there 25 were . 6 The City Manager stated that staff has observed sixty situations which would be in violation of the proposed 29 ordinance. 30 31 Sande Antczak , 3501 36th Avenue, feels her recreational 32 vehicle is neither a hazard nor visual pollution . It 33 accommodates the lifestyle of her family as their 34 interests focus on camping and fishing. 35 36 Mrs . Antczak also questioned the type of security 37 available for storing of recreational vehicles . She is 38 aware of some units which have been damaged and burned 39 while being stored. She has contacted four companies 40 which offer recreational vehicle storage and feels the 41 storage fees are quite expensive . She inquired what 42 alternatives the Planning Commission and the City Council 43 are prepared to offer owners of recreational vehicles for 44 storing their equipment if this ordinance is approved. 45 46 Mary Rockwood, 3404 Silver Lake Road, who owns a motor 47 home which is stored on her property, suggested the City 48 should provide a free , paved , fenced parking lot for 49 storage of this type of equipment . 50 51 Mrs . Rockwood also noted she has .never been advised that the vehicle which is referred to as the "weiner wagon" to was offensive to many residents . This vehicle is her 54 daughter ' s business and is stored in the winter . Mrs . REGULAR COUNCIL MEETING JUNE 2 , 1992 3 PAGE 7 4 5 6 Rockwood stated she would have appreciated being told 7 that there have been compla.ints . 8 9 Steve Fuchs , 2416 34th Avenue , purchased his home in 10 1985 . The home needed considerable work as it was in poor 11 condition . During the remodelling, Mr . Fuchs added a 12 three car garage and poured a slab on which to park his 13 recreational vehicle . To date, he has received no 14 complaints from his neighbors regarding his vehicle. Mr . 1.5 Fuchs noted he had called all four Councilmembers 16 regarding this proposed ordinance and received no return 17 calls from them. He did not contact Mayor Ranallo. 18 19 Bill Zawislak , 2500 34th Avenue, stated he has viewed a 20 twenty block area in the City and has seen about one in 21 three properties which would have an extra spot for 22 parking a recreational vehicle . Mr . Zawislak is of the 23 opinion that only commercial vehicle parking should be 24 eliminated and recreational vehicle parking not be 25 addressed . 46 Cindy Hartett , 2917 Hilldale Avenue , advised the Council 28 she owns a boat and she noted that Minnesota has the 29 largest number of boat owners in the country. She has 30 limited space on either side of her home to store or. park 31 anything. Ms . Hartett feels the closeness of a piece of 32 recreational equipment parked on the side of a home may 33 be more offensive to a neighbor than having the equipment 34 in the front yard. 35 36 Jim McNulty, 2921 33rd Avenue, stated he really knows 37 what "visual pollution" is and referred to one of his 38 neighboring properties. He is not offended by the 39 appearance of recreational vehicles and does not support 40 passage of the ordinance. 41 42 Marion Sandberg, 3308 Croft Drive , noted that her family 43 and many of her neighbors spend considerable time in 44 their backyards and would find parking their recreational 45 vehicles there offensive. She also said many trees , 46 shrubs and bushes would have to be removed to accommodate 47 parking the unit in the backyard . 48 49 Erl.ing Weiberg, 3409 36th Avenue, stated he does not own 50 a recreational vehicle , but has no problems with the 51 parking arrangements of his neighbor ' s . He felt the ordinance would force property owners to remove their equipment from their property and their property rights 54 would be violated . Mr . Weiberg suggested that if the City REGULAP COUNCIL MEETING JUNE 2 , 1992 3 PAGE 8 4 5 6 requires this then parking places should be supplied by 7 the City. 8 9 LeRoy Heuer , 4016 Silver Lake Road , is self-employed and 10 parks his full-size commercial vehicle on his property 11 daily . He feels the ordinance is discriminatory . 12 13 Jeff Kennedy, 2800 Hilldale Avenue, owns a tent trailer 14 and would find it difficult to store it in his garage 15 which is already crowded. 16 17 The City Manager noted that a variance can be granted for 18 anything in a zoning ordinance . He explained that a 19 hardship would support a variance and a hardship could be 20 a physical limitation . The fee for a variance is $60 . 00 . 21 22 The Mayor advised that the ordinance was drafted by s.taff 23 at the request of the City Council as a result of 24 discussions at the Council ' s goalsetting session . The 25 City Attorney advised the Council that there can be no 6 discrimination between commercial and recreational vehicles . 29 Councilmember Marks advised he has received many calls 30 regarding this proposed ordinance and none of the callers 31 favored its passage . Some of the callers felt this would 32 be an intrusion on their way of life . He had concern with 33 the enforceability of the ordinance and noted it may be 34 an unnecessary and unwise use of the Police Department 35 and Public Works Department time . Councilmember Marks 36 noted that what is being labelled as a problem may not 37 really be a problem.' He feels the situations regarding 38 commercial vehicles may be the problems . 39 40 Motion by Marks to cease further consideration of this 41 ordinance change. 42 43 Mayor Ranallo stated he could not support this motion and 44 recalled that many residents had indicated they felt this 45 ordinance was being forced by the Council . He suggested 46 another meeting be held to discuss the matter of 47 commercial vehicles specifically . 48 49 Councilmember Fleming felt the issue of vehicles which 50 are not well maintained should be considered . 51 Ron Sonmore identified these vehicles as "attractive to nuisances" and felt an ordinance could be drafted which 54 would address this issue . The Mayor stated it would be REGULAR COUNCIL MEETING JUNE 2 , 1992 3 PAGE 9 4 5 6 difficult to determine an "eyesore . " 7 8 The City Manager noted that a "nuisance" ordinance was 9 discussed during the recodification process . The City 10 Attorney advised that identifying a vehicle as a 11 "nuisance" is not a reliable method to solve an issue and 12 that more specifics would be necessary. 13 14 Councilmember Fleming observed that storage should be a 15 consideration when purchasing recreational equipment . The 16 City of Brooklyn Park does not allow storage or parking 17 of any motor homes on residential property. 18 19 Art Van Sloan , 3100 31st Avenue , stated he had inquired 20 when he purchased him home twelve years ago if he could 21 park and store his camper trailer on his property. He was 22 advised by City staff this was allowable and 23 "grandfathered in . " 24 25 Councilmember Marks ' motion - dies for lack of a second. Councilmember Wagner noted he has received many comments 8 on the proposed ordinance and many candid messages were 29 left on his answering machine . He feels the Council ' s 30 purpose in soliciting resident ' s comments was achieved 31 and that the Council should continue the discussion and 32 the researching of the impact the ordinance will have. He 33 also thinks the Council should endeavor to eliminate what 34 is considered "unsightly. " 35 36 Motion by Wagner, second by Fleming to postpone the first 37 reading of the ordinance until after the next Council 38 Meeting. 39 40 Mayor Ranallo inquired if the Council has the authority 41 to limit the parking of commercial vehicles . He also 42 observed that some recreational vehicles are parked in 43 the right-of-way. 44 45 The City Manager responded that the definition of a 46 commercial vehicle is any vehicle which 'has commercial 47 license plates or is used for the intent of commercial 48 activity . He felt the regulation and enforcement of this 49 may be difficult . 50 51 Roll call : Fleming , Wagner , Ranallo - aye 0 Marks - nay 54 Motion passes 1 REGULAR. COUNCIL MEETING 0 JUNE 2 , 1992 PAGE 10 4 5 6 The Mayor observed that ordinances are not adopted to 7 make residents miserable or situations difficult . He also 8 noted there are no ordinances presently in place which 9 would prohibit someone from living in a motor home. This 10 type of activity has been observed and the City staff was 11 not in a position to prohibit it as there were no 12 enforcement avenues which could be pursued . 13 14 3 . Sheik ' s Restaurant , Apache Plaza , Conditional Use Permit 15 16 Commissioner Gondorchin noted that the discussion at the 17 Planning Commission Meeting centered on a definition of 18 a kiddie ride. The Commission members agreed they should 19 not create a definition , but rather leave this to the 20 staff and the manufacturers of the rides . 21 22 The Planning Commission recommendation is to have Mr . 23 Alwan provide to staff a list of the rides he wants in 24 his establishment . Staff would view the list and make 25 recommendations from the material supplied by Mr . Alwan. 26 If , in the event replacement rides were needed, Mr . Alwan would make his selections from the list approved by staff . 29 - 30 Mr . Alwan would like to have a total of twenty rides in 31 his operation which would appeal ' to children from three 32 to eight years of age. Mayor Ranallo stated he could .33 support having staff approve the rides and was supportive 34 of the identified age group mentioned by Mr . Alwan . The 35 City Manager advised that if a situation develops whereby 36 staff and Mr . Alwan do not agree on an amusement device, 37 the matter will be returned to the Council for its 38 consideration. 39 40 Motion by Ranallo, second by Marks to approve the 41 conditional use permit for amusement devices for Sheik ' s 42 Garden Restaurant at Apache Plaza based on the same 43 findings as those of the Planning Commission which allows 44 up to twenty rides/games which will be used only by 45 children up to eight years of age and that a review will 46 be conducted after six months with Mr. Alwan and City 47 staff . 48 49 Motion carried unanimously 50 51 52 I REGULAR COU14CIL MEETING JUNE 2 , 1992 PAGE 11 4 C J 6 Commissioner Gondorchin advised that the Planning 7 Commission had briefly reviewed the sign request from 8 Stop-N-Shop . The request had been withdrawn as the owners 9 had indicated they intend to discuss the matter further 10 with their fuel supplier . 11 12 13 The concept review for 3821 Foss Road , as submitted by a 14 developer who owns the property, had also been discussed 15 by -the .Planning Commission . 16 17 18 Mayor Ranallo stated he felt the proposed parking 19 ordinance should have had a public hearing at the 20 Planning Commission meeting, not at the C.ity Council 21 meeting. The Housing Maintenance Code Ordinance will have 22 its public hearing at the Planning Commission meeting. 23 24 Mr . Zawislak felt a date should have been set already for 25 the Housing Maintenance Code public hearing. He noted 26 there were many residents at tonight ' s meeting who were interested in this matter . 2 Commissioner Gondorchin stated that the Housing 30 Maintenance Code still requires some correcting before it 31 will be on a Planning Commission agenda again . 32 33 34 B. City Council Reports 35 36 37 1 . Report of Councilmember Marks 38 39 Councilmember Marks noted he had attended the last 40 Planning Commission meeting. 41 4.2 The Sister City Committee has held numerous 43 meetings regarding the visit of residents from 44 Salo , Finland . Councilmember Marks advised they 45 will be arriving on July 8th and plan to leave on 46 July 16th. There has been considerable activity via 47 the phone and letters . Many of the visitors will be 48 staying at the Salvation Army Camp on Silver Lake . 49 50 51 2 . Report of Councilmember Wagner 52 Councilmember Wagner had nothing to report at this 0 time . I REGULAR. COUNCIL MEETING JUNE 2 , 1992 0 PAGE 12 4 5 6 7 3 . Report of. Councilmember Fleming 8 9 The Village Fest Committee will be meeting every 10 other week . The next meeting is scheduled for June 11 8th . 12 13 Councilmember Fleming intends to attend the League 14 of Minnesota Cities Conference in Bloomington . 15 16 17 4 . Report of Mayor Ranallo 18 19 The Mayor stated that after two and one half years , 20 bus route #25 has been changed so it will run past 21 Kenzie Terrace. He feels much of the credit for 22 making this a reality is due to Bruce Nawrocki ; a 23 Metropolitan Transit Commissioner . 24 25 There will be two buses , at 9 : 32 a.m. and 10 : 32 26 a .m. which go into Minneapolis . A press release will be prepared to announce these new schedules . 9 Ed Grabowski , a resident of Autumn woods , will have 30 pocket schedules prepared for Route #25 . 31 32 This new service will commence on Monday, June 8th . 33 34 35 C. Report. of the City Manager 36 37 38 1 . Pirino Property 39 40 The City Manager advised that Duane Grace has 41 viewed the Pirino property for. violations . Twenty- 42 two code violations have been observed. Permits 43 have not been gotten for some of the work already 44 done on the structure . 45 46 Currently, staff is contemplating legal action . Two 47 letters have been sent to Mr . Pirino regarding the 48 violations and staff was advised that his attorney 49 will be responding. 50 51 Staff is using the services of a League -of 52 Minnesota Cities legal counsel . The present appearance of the structure is viewed as a nuisance . The inside of the structure has not been REGULAR COUNCIL MEETING JT-INE 2 , 1992 PAGE 13 4 5 6 7 viewed . June 15th is the date set for meeting the 8 code. The City ' s legal counsel recommended taking 9 formal action if this date has not seen the 10 commencement of action to correct code violations . 11 12 13 2 . Cable Television 14 15 This issue was removed from the agenda. The City 16 Manager noted it was to address the cable 17 television budget , but the material is not i8 completed at this point in time. 19 20 21 22 8 . PUBLIC HEARINGS 23 24 There were no public hearings . 25 26 0 9 . NEW BUSINESS 29 30 31 A. Resolution No . 92-028 ; Re: Renewal of Lease Agreement 32 with Barber Stylists , 2800 Kenzie Terrace 33 34 The City Manager advised that the. lease has not changed 35 other than the inflationary factor . 36 37 Motion by Marks , second by Wagner to approve Resolution 38 No. 92-028 being a resolution authorizing the Mayor and 39 City Manager to execute the lease agreement for 2800 40 Kenzie Terrace Northeast . 41 42 43 Motion carried unanimously 44 45 46 10 . UNFINISHED BUSINESS 47 48 A. Ordinance 1992-003 ; Re : Licenses for Amusement Devices 49 ( 3rd Readina) 50 51 The City Manager advised that in the first line of the 52 ordinance the number of licenses should be changed from seventy-five to ninety-two . 1 REGULAR COUNCIL MEETING JUNE 2 , 1992 PAGE 14 4 5 6 Motion by Marks , second by Wagner to approve the third 7 reading of Ordinance No. 1992-003 being an ordinance 8 relating to licenses for amusement devices ; amending 9 Section 401 : 00 to limit the number of licenses at any one 10 establishment . 11 12 Motion carried unanimously 1.3 14 15 B. Letter From Public Works Director 16 17 A letter was received from the Public Works Director 18 regarding the water study . This was for informatinal 19 purposes and no Council action was necessary. 20 21 22 23 11 . ADJOURNMENT 24 25 Motion by Marks , second by Ranallo to adjourn the meeting at 26 10 : 15 p.m. 7 Motion carried unanimously 9 30 31 32 33 34 Respectfully submitted , 35 36 Jo-Anne Student , Council Secretary 37 38 39 40 41 Mayor Clarence Ranallo 42 43 44 45 ATTEST: 46 City C erk 47 48 49 50 51 52