HomeMy WebLinkAboutCC MINUTES 01091996 Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1996
Document: CC MINUTES 01091996
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 JANUARY 9, 1996
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust.
9 Also Present: Michael Mornson, City Manager.
10 III. APPROVAL OF JANUARY 9, 1996 COUNCIL AGENDA.
11 Motion by Marks, second by Enrooth to approve the January 9, 1996 Council Agenda as
12 presented.
13
14 Motion carried unanimously.
15 IV. APPROVAL OF DECEMBER 20, 1995 TRUTH IN TAXATION MEETING MINUTES.
16 Motion by Wagner, second by Marks to approve the December 20 1995 Truth in'Taxation
�17 Meeting minutes as presented.
19 Motion carried unanimously.
20 APPROVAL OF THE DECEMBER 20, 1995 COUNCIL MEETING MINUTES.
21 Motion by Marks, second by Enrooth to approve the December 20, 1995 Council Meeting with
22 the following changes:
23 Page 1, Line 29 add: Councilmember Enrooth withdrew his second.
24 Motion carried unanimously.
25 V. LICENSES/PERMITS/PETITIONS -None.
26
27 VI. PRESENTATION OF CLAIMS.
28 Motion by Marks, second by Wagner to approve the following claims:
29 A. American Bank in the amount of$40,511.25 for 93A GO Improvement Bond dated
30 8/1/93, in the amount of$24,155.00 for 1994B GO Improvement Bonds dated 6/1/94,
31 and in the amount of$41,538.75 for GO Improvement Bond dated 3/1/95.
32 B. Dorsey & Whitney in the amount of$1,956.10 for legal services rendered through
33 November 30, 1995.
34 C. 4 pages of Verified Claims as presented by the Finance Director.
Motion carried unanimously.
City Council Regular Meeting Minutes
• January 9, 1996
Page 2
1 VII. REPORTS.
2 A. Planning Commission- December 19, 1995.
3 1. . Solid Rock Church, at Apache Plaza Conditional Use Permit.
4 Commissioner Makowske reported there were two items that were discussed at the
5 December 19, 1995 Planning Commission meeting. One was a concept review regarding
6 locating CUB Foods in Apache Plaza. The second was a conditional use permit request
7 from the Solid Rock Church. This request was to allow the Solid Rock Church to locate
8 in the Apache Mall across the corridor and north of Apache Wells Sports Bar and
9 Restaurant. Solid Rock Church is currently located in Elk River and desires to have a
10 branch closer to the City so more of its members would be able to attend the Saturday
11 night services. Makowske noted there are four conditions necessary to grant a
12 conditional use permit. One condition is that the use must be compatible with other uses
13 in the area. The Planning Commission felt a church was not compatible to any of the
14 retail businesses that are currently doing business in Apache Plaza. The City Attorney
15 was also of this opinion. Makowske reported the Planning Commission voted
16 unanimously to deny the application for the conditional use permit.
17 Terese Reiling, Welsh Companies, Inc., stated she had worked with the Solid Rock
4R Church to negotiate the lease term. She explained that Apache Plaza is currently 70%
vacant. Due to this and the possible redevelopment planned for Apache Plaza, First Bank
20 considered entering into a short term lease. She explained the Solid Rock Church is
21 currently located in Elk River and is interested in the possibility of eventually purchasing
22 a building in the community for a long term basis. She stated a short term lease would
23 afford First Bank some minor economic relief while they work on the redevelopment
24 project. She stated she did not feel a precedent would be set as it was rare that a property
25 would reach the level of degradation that Apache Plaza has reached. Within one year, the
26 center was likely to have only five tenants left.
27 Mayor Ranallo stated if the Church were allowed as a compatible use the City would not
28 be able to support the non-compatibility issue if an undesirable business asked to locate
29 in the center.
30 Ms. Reiling stated it would not be in First Bank's best interest to bring forth a situation
31 that would negatively affect the other tenants in the center. The church will be taking a
32 degraded space and repairing it because they have the capitol and are looking for a short
33 term lease. Most businesses would not be able to afford to do this.
34 Assistant Pastor Bill King, Solid Rock Church stated the church has been located in Elk
35 River for 25 years. He noted he realized the City was fair minded and would give due
consideration to the application as well as to the entire City's interest. He was pleased to
10 hear the objection raised to the conditional use permit was singular in nature. He stated
38 he felt he could satisfy the concerns regarding the single objection. He felt the church
City.Council Regular Meeting Minutes
January 9, 1996
•
Page 3
1 could co-exist with the retail occupants of the center. The church will only be used once
2 per week and would in no way affect the adjacent businesses. He stated the church
3 believes that by occupying the space in the center, they will benefit the community. It
4 would be an advantage to the City of St. Anthony to approve the proposal because when
5 people have a spiritual anchor established in their life it creates a better City and combats
6 the general decline in morals seen in every community. The Solid Rock Church wants to
7 be a positive influence to minor children, youth and adults. Another advantage to the
8 City would be that people would go to the service stations and restaurants before or after
9 church services. In the event the Solid Rock Church failed to meet the conditions of the
10 conditional use permit, the City Council would have the right to revoke the permit.
11 Mr. Dave Hughes stated he attends Saturday evening services and is a business man who
12 has working in the City of St. Anthony for 25 years. He noted the conditional use permit
13 did specifically state a church was an acceptable, compatible use. The conditional use
14 permit also gives the City Council the right to determine if other non-named businesses
15 would or would not.be compatible. He stated he did not believe X-rated businesses were
16 listed as compatible and would be left to the discretion of the City Council.
17 Mayor Ranallo cited a previous situation when the Little Sisters of Guadelupe asked to
locate a bingo hall in Apache.Plaza. The City Council determined this was not a
qt compatible use,just as church services are not compatible with retail. Mayor Ranallo
20 stated he did not feel it appropriate to set a precedent and not be able to deny other
21 requests that may arise.
22 Ms. Reiling stated First Bank and Welsh Co. had to approve any business which would
23 apply for a lease in the center. She stated there is a lot of screening which takes place
24 before they will even bring a lease before the Planning Commission. She stated this will
25 probably be the last lease they will do for Apache Plaza due to the proposed
26 redevelopment. There is no longevity and no one is interested in leasing under those
27 terms.
28 Councilmember Faust noted the City Council has to look at the long terms affect to the
29 City.
30 Ms. Reiling stated she understood the concern of setting a precedent but felt the situation
31 is so unique because it is so short term in nature.
32 Councilmember Wagner noted the precedent applies to the entire City,not just to Apache
33 Plaza.
Councilmember Marks stated the conditional use permit allows a use to be considered
individually for each application. Approval is only given for a specific situation. This
City Council Regular Meeting Minutes
• January 9, 1996
Page 4
1 would limit the amount of precedent as such. He stated he had a hard time seeing this as
2 establishing a precedent.
3 Councilmember Enrooth asked if the Council would consider the request if it was for a
4 different location such as a different shopping center,the medical center, etc.
5 Mayor Ranallo noted the Edison Hockey team had been denied by the City Council when
6 they requested to put a bingo hall in the St. Anthony Shopping Center.
7 Marks noted it appeared the specific location was the problem. He suggested if the
8 conditional use permit were denied,the ordinance should be considered because it
9 appears there is a consensus that a church is not an appropriate use for a commercial
10 property. He asked if the City Manager was aware of other churches being located in
11 shopping centers.
12 City Manager Morrison stated he was not. He also noted he was not aware of any other
13 cities who listed a church as a conditional use in a commercial area. He also noted the
14 comments in the letter received from William Soth,:City Attorney.
Mr. Hughes stated he had experienced the unique opportunity of observing a similar
016 situation in Cleveland, Tennessee. A shopping center of smaller square footage, located
17 two blocks from town,with a similar rent situation and similar capacity of tenants rented
18 space to a church called Embassy Christian Center. The center was revitalized within
19 two years. He stated he did not feel the Solid Rock Church would have an adverse affect
20 on Apache Plaza.
21 Enrooth stated the City of St. Anthony would gladly welcome the Solid Rock Church into
22 the community but in a different location.
23 Marks questioned what specifically makes a church incompatible in a commercial area.
24 Morrison noted three business owners have contacted the City stating they felt this would
25 drop the value of their business. They feel it is not good in the long term.
26 Commissioner Makowske stated retail thrives best on a particular mix of different types
27 of retail settings. A church does not provide the same set of mind.
28 Motion by Marks to approve the application for a conditional use permit for the Solid
29 Rock Church.
Motion died due to lack of a second.
City Council Regular Meeting Minutes
• January 9, 1996
Page 5
1 Motion by Faust, second by Mayor Ranallo to deny the application for a conditional use
2 permit for the Solid Rock Church based on the fact that it is not believed to be a
3 compatible use in a commercial zone and that the ordinance be reviewed to determine if a
4 church should be included as a conditional use in a commercial zone.
5 Voting on the motion:
6 Aye: Ranallo, Enrooth, Faust, Wagner
7 Nay: Marks
8 The motion carried.
9 B. Mayor.
10 Mayor Ranallo had no report.
11 C. Council.
12 There was no report from Councilmembers.
13
14 D. City Manager.
City Manager Mornson reported the public hearing for vacation of the easement
6 necessary for the Nedegaard Twin Homes is scheduled for January 23, 1996.
17 Morrison reported the positions for warming house attendants have been filled and all
18 warming houses are open.
19 Morrison stated the issues involving the house at 3111 Silver Lake Road have come to a
20. closure. The closing will be in two weeks and the developer will be giving the City a
21 check plus 8% interest charged from the day of the purchase agreement of March 28,
22 1995.
23 Mayor Ranallo asked if the permit for occupancy would be issued before the outside of
24 the house is completed. He also noted other homes who had been occupied before the
25 lawn was completed. Morrison stated these issues would be addressed in either the
26 purchase agreement, the developer agreement or the contract for deed.
27 Morrison reported he had met collectively with Lauderdale and Falcon Heights
28 Administrators and independently to discuss contract needs. Chief Engstrom, Finance
29 Director Larson and City Manager will work on the figures and present them at the next
30 work session.
Morrison reported that Opus has submitted an EAW to the Environmental Quality Board.
He stated Public Works Director Hamer, Assistant City Manager Moore-Sykes, City
33 Manager Morrison and Planning Commissioner Bergstrom have all reviewed the EAW.
City Council Regular Meeting Minutes
• January 9, 1996
Page 6
1 A letter is attached to the EAW from the Rice Creek Watershed District stating that the
2 ponding meets the current requirements. Momson reported he had met with Mary
3 Rothschild and they have submitted an application for a variance,sub-division approval
4 and sign package. He noted there may be a special Planning Commission meeting to
5 review the issues on January 30, 1996 and the City Council will consider the issues at
6 their February 13, 1996 meeting-
7 VIII. PUBLIC HEARING -None.
8 IX. NEW BUSINESS
9 A. Set Board of Review Date.
10 Motion by Marks, second by Enrooth to set the Board of Review date for the City of St.
11 Anthony for April 9, 1996 at 6:30 p.m..
12 Motion carried unanimously.
13 B. Resolution 96-001, re: Mayor Pro Tem for 1996.
14 Motion by Faust, second by Marks to adopt Resolution 96-001,regarding designating
15 Councilmember Richard Enrooth Mayor Pro Tem for the calendar year 1996.
T6 Motion carried unanimously.
17 C. Resolution 96-002, re: Financial Transactions.
18 Motion by Marks, second by Wagner to adopt Resolution 96-002, regarding specifying
19 persons authorized to make certain transactions regarding City financial accounts.
20 Motion carried unanimously.
21 D. Resolution 96-003 re: Legal Newspaper.
22 Motion by Mayor Ranallo, second by Enrooth to adopt Resolution 96-003, regarding
23 designating Lillie Suburban Newspaper as the legal newspaper for the calendar year
24 1996.
25 Motion carried unanimously.
26 E. Resolution 96-004, re: Petitions for Public Improvements.
27 Motion by Marks, second by Enrooth to adopt Resolution 96-004, regarding establishing
28 March 15, 1996 as cut-off date for receiving petitions for public improvements.
29 Motion carried unanimously.
F. Resolution 96-005,re: Official Depository.
City Council Regular Meeting Minutes
• January 9, 1996
Page 7
1 Motion by Wagner, second by Marks to adopt Resolution 96-005, regarding designating
2 Firstar St. Anthony Bank as the official depository for City funds.
3
4 Motion carried unanimously.
5 G. Resolution 96-006, re: Public Health Officer.
6 Motion by Marks, second by Wagner to adopt Resolution 96-006, regarding designating
7 Dr. William Carr as the Public Health Officer.
8 Dr. Carr asked the City Council to examine what his duties should be for the coming
9 year. He stated he was glad to be on call for the City of St. Anthony.
10 Mayor Ranallo thanked Dr. Carr for his forty years of service as the Public Health
11 Officer.
12 Motion carried unanimously.
13 H. Resolutions 96-007 through 96-011, re: Mayor and Councilmembers Outside _
14 Organizations.
Motion by Marks, second by Enrooth to adopt Resolutions 96-007 through 96-011,
6 regarding acknowledging Mayor and Councilmembers as participants in outside
17 organizations.
18 Marks suggested one of the Councilmembers should be a participant in the Northwest
19 Youth Services.
20 Motion carried unanimously.
21 I. Resolution 96-012, re: Hennepin County Municipal Recycling Grant Application.
22 Motion by Enrooth, second by Wagner to adopt Resolution 96-012, regarding approving
23 submittal of the 1996 Hennepin County Municipal Recycling Grant Application.
24 Motion carried unanimously.
25 J. Resolution 96-013, re: No Smoking Policy.
26 Motion by Marks, second by Faust to adopt Resolution 96-013, regarding approving a
27 non-smoking policy for the new City-owned Community Center facility.
28 Motion carried unanimously.
X. UNFINISHED BUSINESS -None.
City Council Regular Meeting Minutes
January 9, 1996
•
Page 8
1 XI. INTERVIEW AND APPOINT PLANNING COMMISSIONERS.
2 A. Robin Bednarz
3 Mayor Ranallo outlined the time commitment and terms of the Planning Commission
4 position.
5 Wagner asked Ms. Bednarz why she wanted to be a Planning Commission member.
6 Ms. Bednarz stated she felt this was an excellent time to be a member of the Planning
7 Commission with all the things happening at Apache Plaza. She indicated her family had
8 made a significant investment in their home and plan to be in the City for a long time.
9 She views the commitment as good for the community, family and property value. She
10 stated she is not currently in the workforce and has time available. She has the full
11 support of her husband. She stated she has been to Planning Commission meetings and
12 understands the time commitment involved. She stated she has a legalistic mind and in
13 her former employment.position worked 40-50%with construction attorneys.. She
14 understand that no decision can be made lightly. She stated this position would fit well
15 into her schedule and she thinks people are obligated to give something to their
16 community. She noted a lot of people only attend meetings when there is an issue that is
17 of special interest to them.
'P8
Ranallo asked how long she had lived in the City of St. Anthony.
19 Ms. Bednarz stated she had lived in the City of St. Anthony for one and a half years.
20 Faust asked Ms. Bednarz to explain in one word her best attribute.
21 Ms. Bednarz stated it was common sense.
22 Marks asked Ms. Bednarz what she would do if she identified a conflict of interest with
23 an issue.
24 Ms. Bednarz stated she did not foresee this as a problem because she was not coming to
25 the Commission as a result of any special interests. She stated she couldn't think of any
26 conflicts of interest but if she perceived there was a conflict, she would ask Mayor
27 Ranallo or City Manager for advice on how to handle the situation. If there was a conflict
28 she would state this and would refrain from voting on the issue.
29 Marks asked Ms. Bednarz to comment on her vision for the City of St. Anthony.
30 Ms. Bednarz stated she felt there was a lot of work which could and should be done in the
economic development of the City. She felt the Planning Commission should be pro-
active in the development of property and work with the realtors and marketing people.
City Council Regular Meeting Minutes
• January 9, 1996
Page 9
1 She stated if there are no commercial businesses everyone pays. She also would
2 investigate how the parks in St. Anthony could be better utilized.
3 Ms. Bednarz added that she has a good mix of experience from working with.public
4 agencies, government and the private sector. She felt her background was a strong asset.
5 B. John Delmonico
6 Mayor Ranallo outlined the time commitment and terms of the Planning Commission
7 position.
8 Enrooth asked Mr. Delmonico what he felt were the challenges and opportunities the City
9 of St. Anthony faces in the next couple years.
10 Mr. Delmonico stated he believed in being involved with the community to make a
11 difference. He noted Apache Plaza,the trailer park,residential projects, the,industrial
12 park, families and the St. Anthony Shopping Center would all be big issues in the coming
13 years.
14 Marks asked Mr. Delmonico what he would do if faced with a conflict of interest.
qMr. Delmonico stated he would abstain from being involved in the vote so it would not
16 appear-that he was influenced by a personal interest. He stated he has been a homeowner
17 on 27th Avenue for 17 years and other than that had no financial interests in the City.
18 Faust asked Mr. Delmonico what one word described his best attribute.
19 Mr. Delmonico stated he felt it was thoroughness. He stated he feels this is the reason he
20 has been promoted to the Minneapolis Robbery and Homicide Unit.
21 Wagner asked Mr. Delmonico why he wanted to be a member of the Planning
22 Commission.
23 Mr. Delmonico stated he had started working for Sroga Automotive in 1973 when he was
24 still attending high school. He served on the St. Anthony Fire Department from 1977 to
25 1988 and has always liked St. Anthony. He stated he grew up on 32nd Avenue and
26 Cleveland. He reported that three to four years ago he had approached Tom Burt, the
27 City Manager with an interest in being a Planning Commission member but was
28 discouraged as he was at that time working night hours. Presently, he is working straight
29 day hours with four weeks a year on the night shift. He is older now and will probably
30 live here the rest of his life and he cares about the future of St. Anthony. He stated he has
no children and time is not a problem. He stated if the Council does appoint him to the
Planning Commission they will be proud down the line that they made that decision.
City Council Regular Meeting Minutes
January 9, 1996
• Page 10
1 C. Discussion
2 Mayor Ranallo noted there were two openings for the Planning Commission.
3 Commissioner George Thompson was up for re-appointment and still desired to serve.
4 Motion by Mayor Ranallo, second by Enrooth to reappoint George Thompson to the
5 Planning Commission.
6 Motion carried unanimously.
7
8 There was discussion about the two candidates for the Commission. Mayor Ranallo
9 noted Mr. Delmonico had lived on 27th Avenue for 17 years and has a vested interest in
10 the City. Marks noted they were both very strong people and both had a lot of strength in
11 different areas. He also noted Mr. Delmonico was very familiar with the City. Mayor
12 Ranallo noted it would be good to have representation from the 27th Avenue area. Faust
13 noted he felt the female perspective was important.
14 Motion by Enrooth, second by Wagner to appoint John C. Delmonico to the Planning
15 Commission.
Motion carried unanimously.
18 XII. ADJOURNMENT.
19 Motion by Enrooth, second by Marks to adjourn the meeting at 8:55 P.M.
20 Motion carried unanimously.
21 Respectfully submitted,
22 Lorri Kopischke
23 TimeSaver Off Site Secretarial
24
25 Mayor
26 ATTEST: V
27 City Clerk
•