HomeMy WebLinkAboutCC MINUTES 06251996 Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1996
Document: CC MINUTES 06251996
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 JUNE 25, 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, Enrooth, Wagner and Faust.
9 Also Present: City Manager Michael Morrison and City Attorney William Soth.
10 Councilmembers Absent: Marks.
11 III. ' APPROVAL OF JUNE 25, 1996 COUNCIL AGENDA.
12 Motion by Enrooth, second by Wagner to approve the June 25, 1996 Council.Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF JUNE 10, 1996 COUNCIL MINUTES.
Motion by Faust, second by Enrooth to approve the June 10, 1996 Council minutes as presented.
i6
17 Motion carried unanimously.
18 V. LICENSES/PERMITS/PETITIONS.
19 Motion by Enrooth, second by Wagner to approve the following licenses:
20 Heating_License:
21 Suburban Air Conditioning, Minneapolis, MN/Renewal
22 Owens Services Corporation, Bloomington, MN/Renewal
23 Dependable Indoor Air Quality Inc., Coon Rapids, MN/Renewal
24 Standard Heating&Air Conditioning Company, Minneapolis, MN/Renewal
25 Vogt Heating& Air Conditioning, St. Louis Park, MN/Renewal
26 Metropolitan Mechanical Contractors, Inc., Eden Prairie, MN/Renewal
27 Gilbert Mechanical Contractors, Inc., Edina, MN/Renewal
28 Centraire Incorporated, Eden Prairie, MN/Renewal
29 Equipment Supply Inc., St. Paul, MN/Renewal
30 P & H Services Company, Inc., Brooklyn Center, MN/Renewal
31 Yale Incorporated, Bloomington, MN/Renewal
32 Sedgwick Heating& Air Conditioning,Minneapolis, MN/Renewal
33 Ray N. Welter Heating Company, Minneapolis, MN/Renewal
34 Superior Contractors, Inc., Minneapolis, MN/Renewal
Richmond& Sons Electric, Inc. Dba: Golden Valley Heating& Air Conditioning,
6 Crystal, MN/Renewal
City Council Regular Meeting Minutes
June 25, 1996
• Page 2
1 Temporary 3.2 Beer Park Permit:
2 Central Park, July 4, 1996/Orloski Family Picnic
3 Motion carried unanimously.
4 VI. PRESENTATION OF CLAIMS.
5 Motion by Wagner, second by Enrooth to approve the following claims:
6. A. American Bank in the amount of$10,016.25 for registered interest, in the amount of
7 $13,935.00 for registered interest, and in the amount of$22,657.50 for registered interest.
8 B. Rieke Carroll Muller, Inc. in the amount of$2,800.00 for professional services rendered
9 - May 1,-1996 to May 31, 1996.
10 C. 4 pages of Verified Claims as presented by the Finance Director.
11 Councilmember Enrooth questioned check#2491 to Zaworksi in the amount of$15.00. City
12 Manager Morrison stated he would investigate.
13
14 Motion carried unanimously.
15 VII. REPORTS.
16 A. ._Planning Commission- June 18. 1996.
1. St. Anthony Unocal 76 Service Station:
8 a. Conditional Use Permit
19 Planning Commissioner Bergstrom was present at the meeting to report on three requests
20 made by Mr. Roger Bona, owner of the Unocal 76 Service Station, 28122-27th Avenue
21 NE. The Planning Commission held a public hearing on June 18, 1996,to consider a
22 conditional use permit request to allow Mr. Bona to build an addition to his existing
23 service station to increase the number of repair bays. The proposed expansion is 5,613
24 square feet and requires an additional 19 parking spaces. Mr. Bona is proposing to install
25 21 parking spaces on site and to construct 14 additional parking spaces on an adjacent
26 piece of property that he recently purchased. The Planning Commission had met with
27 Mr. Bona and his architect in May for a concept review of the proposal. Staff
28 recommended approval of the conditional use permit based on the following three
29 conditions:
30 1. The parking areas must have striping for all the proposed parking spaces.
31 2. No more than 10 cars stored on the site for no more than 48 hours. This would.
32 also include the parking area across the alley from the business.
33 3. Change the property address to reflect the business frontage on Kenzie Terrace.
Bergstrom reported that just prior to the Planning Commission meeting on June 18, 1996,
he was presented with a petition signed by fifteen residents in the neighborhood
36 requesting that the present shrub plantings in the berm on 27th Avenue be removed and
City Council Regular Meeting Minutes
June 25, 1996
Page 3
1 replaced with Evergreens or Juniper trees planted 4 to 5 feet apart. The intent would be
2 to provide a visual screen and also muffle the noise of the service station. Management
3 Assistant Moore-Sykes had noted that historically the City had owned the property where
4 the berm was located and had done the planting. The property has since been turned over
5 to Mr. Bona with the understanding that he would maintain it. Mr. Bona had estimated it
6 would cost $1,000.00 to remove the existing plantings and replace them with Evergreen
7 trees.
8 Bergstrom reported the Planning Commission discussed the difficulty of enforcing Staff
9 condition#2 regarding the storage of cars on site. They also-discussed hours of operation
10 of the service station. Mr. Bona stated he had no intention of changing the hours of
. 11 operation. Mrs. Beverly Stafford,resident, testified at the public hearing that she likes
12 the service station, enjoys the traffic and hearing the engines wind up.
13 Bergstrom stated the Planning Commission is recommending City Council approval of
14 the conditional use permit based on the following conditions:
15 1. The parking areas must have striping for all the proposed parking spaces.
2. No vehicles may be stored on-site to be specifically used for the purpose of
q7I extracting spare parts and/or on-site long-term storage.
18 3. Change the property address to reflect business frontage on Kenzie Terrace.
19 4. Consideration of incorporating the use of Evergreen landscaping on a consensus
20 basis of the parties of Mr. Bona,the neighbors who have submitted a petition and
21 the City of St. Anthony.
22 Bergstrom added that based on his personal experience, Mr. Bona is an exemplary
23 business citizen of the community.
24 - Councilmember Faust asked if residents adjacent to or abutting the property had testified
25 at the public hearing. Bergstrom stated there were no residents opposed to the expansion.
26 The only request was for the Evergreen plantings.
27 Mayor Ranallo questioned the definition of"long-term" in regard to car storage.
28 Bergstrom explained the intent was to prevent cars from being stored on the site for the
29 purpose of stripping them for parts.
30 Mr. Roger Bona stated the current restriction for car storage is no more than 10 to 14 days
and that has been comfortable. Any less than that could be harmful to his business.
City Council Regular Meeting Minutes
• June 25, 1996
Page 4
1 Mr. Steve Burnt, Attorney representing Mr. Bona, stated this issue had been discussed at
2 the City Council meeting in 1993 and the result was that no restrictions were placed on
3 the storage of vehicles except that cars would not be kept on site to use for parts.
4 City Manager Momson noted currently the restriction is that inoperable vehicles may not
5 be stored on the site for more than two weeks.
6 There was Council consensus that inoperable vehicles may not be stored on the site for
7 more than two weeks.
8 Mayor Ranallo questioned who would be doing the Evergreen landscaping on the berm.
9 Mr. Dan Dege, Finn-Daniels Architects, stated he believed a possible solution would be
10 for Mr. Bona, a representative of the property owners who signed the petition and City
11 Staff to meet and discuss this issue. If an agreement can not be reached, the City can
12 make the final determination. He noted Mr. Bona is intending to plant five Blue or
13 Colorado Spruce trees of five feet in height in the berm area.
14 Mayor Ranallo noted it was not the City's role to be the intermediary in resolution of this
issue. He asked Mr. Jadinak if he would be satisfied with the planting of five evergreens
4t in the berm.
17 Mr. John Jadinak, 2805-27th Avenue N.E.; stated he would be satisfied as long as the
18 trees would block the view and would look better. He noted Mr. Bona does maintain the
19 property well.
20 Mr. Bona stated he would prefer not to pay for the Evergreen trees but if that would
21 resolve the issue he was agreeable.
22 Motion by Wagner, second by Enrooth to grant the conditional use permit for Roger
23 Bona, Unocal 76 Service Station, 2812 - 27th Avenue N.E. based on the following
24 conditions:
25 1. The parking areas must have striping for all the proposed parking spaces.
26 2. No inoperable vehicles may be stored on-site for longer than two weeks.
27 3. Change the property address to reflect business frontage on Kenzie Terrace.
28 4. The planting of at least 5 or 6 Evergreen trees of 5 to 6 feet in height in the berm
0 on 27th Avenue.
30 Motion carried unanimously.
City Council Regular Meeting Minutes
• June 25, 1996
Page 5
1 b. Setback variance-parking
2 C. Setback variance- canopy
3
4 Commissioner Bergstrom reported that Mr. Bona is requesting a front yard setback
5 variance of 32 feet in order to construct a 20 x 24 foot canopy over an existing gas pump
6 island.
7 The Planning Commission is recommending City Council approval of the variance based
8 on its meeting the variance criteria as follows:
9 1. Strict enforcement would cause undue hardship not created by the landowner.
10 This is demonstrated by the public demand for canopies. Also the request is not
11 for pure economic gain. Moving the gas pump would result in the configuration
12 of the island restricting traffic and causing a safety issue.
13 2. Unique circumstances in that this is a redevelopment and expansion of an existing
14 property and the unique shape of the property.
3. Keeping in the spirit of the granting of previous variance requests for properties in
6 the area including Phillips 66 service station.
17 Motion by Faust, second by Enrooth to approve the front yard setback variance of 32 feet
18 for Roger Bona, Unocal 76 Service Station, 2812 - 27th Avenue N.E. based on the
19 findings of the Planning Commission.
20 Motion carried unanimously.
21 Commissioner Bergstrom reported Mr. Bona is also requesting a 10 foot variance to park
22 in the front yard parking setback along Kenzie Terrace. These parking areas would be
23 used only for temporary parking of cars scheduled for repair.
24 Mr. Dege, Finn-Daniels Architects, explained the request pertained to four stalls and was
25 necessary due to the shape of the property. It is not atypical of properties in the area to
26 have hard surface out to the sidewalk. He noted the landscaping of the property would be
27 enhanced by the addition of landscaping to the front of the site.
28 Faust asked how it would be physically ensured that cars would not park over onto the
29 sidewalk. Mr. Dege stated striping would be used for this purpose and that Service
30 Station personnel would be parking the vehicles in this area.
0 ' Commissioner Bergstrom stated the Planning Commission is recommending approval of
32 the 10 foot variance as it meets the variance criteria as follows:
City Council Regular Meeting Minutes
• June 25, 1996
Page 6
1 1. Strict enforcement would cause undue hardship not created by the landowner due
2 to the unique configuration of the property.
3 2. Unique circumstances in that this is a redevelopment and expansion of an existing
4 property.
5 3. Keeping in the spirit of the granting of previous variance requests for properties in
6 the area including the Phillips 66 service station.
7
8 Motion by Enrooth, second by Wagner to approve the 10 foot variance to park in the
9 front yard parking setback along Kenzie Terrace based on the Planning Commission
10 recommendations and that it is supported by all parties involved.
11 Motion carried unanimously.
12 2. Housing Code Plan Update.
13 Commissioner Bergstrom explained that during the goal-setting retreat last winter, the
14 City Council charged the Planning Commission to review the City Code and processes
15 and make recommendations on how the City can improve residential housing. City Staff
provided the Commission with a list of residential housing which had received multiple
7 letters from the City and also copies of the letters which had been sent, so they could see
18 the nature of code violations, the relative number of residences so affected, and
19 personally view the houses. On May 21, 1996, the Planning Commission held a work
20 session along with the City Manager and City Public Works Director to discuss
21 observations, experiences, and concerns.
22 The consensus of the Planning Commission is that the City building and housing code do
23 not need to be rewritten. The issue which needs to be addressed is enforcement of the
24 existing codes. The chronic conditions of most concern to the Director of Public Works
25 generally included:
26 -Long term storage of large quantities of used construction materials
27 -Storage of unlicensed vehicles which were being stripped for parts
28 -Accumulation of miscellaneous"debris" in yards, including isolated auto parts
29 -Regular parking of vehicles on lawns, and
30 -Lack of housing maintenance, including structural problems.
31 Bergstrom reported the Planning Commission makes the following recommendations:
32 1. Specify deadlines for compliance in letters of violation.
33 2. Specify what actions the City will take if corrections are not made by the deadline.
3. Revise Section 1335.03, Subd. 21, to read"Debris"rather than"Refuse"and include
"auto parts". The Public Works Director indicates that the word"refuse"can be highly
City Council Regular Meeting Minutes
• June 25, 1996 '
Page 7
1 inflammatory to residents. The addition of"auto parts"would make the cleanup of
2 miscellaneous auto parts more enforceable.
3 4. Revise Section 1335.11 to include "used building and/or construction,materials not to
4 be used at the residence". This would provide an unequivocal tool for prohibition and
5 enforcement of such storage.
6 5. Annual compilation/summary of complaints,violation notices by City Staff and
7 compliance with City notices. This would be useful for long term comparison, would aid
8 the City from being accused of being arbitrary and capricious, and could also serve as an
9 indicator.
10 6. Public education of City codes in the-Citynewsletter.
11 7. Prepare a brief layman's summary of City code restrictions as they relate to residential
12 property. This could be included with the violation letter or given to new residents.
13 8. Aggressively pursue purchase and redevelopment of substandard residential housing
14 by the Housing and Redevelopment Authority.
15 9. Create a City-sponsored residential improvement fund.
16 Faust.asked if the City could charge the residents for City code violations that were not
17 corrected which the City had to correct themselves.
City Attorney Soth stated this can be done only in hazardous situations specified by state
9 statutes. There must be a safety and health issue involved. The most effective way to
20 deal with code violations is the issuance of citations and prosecution.
21 Mayor Ranallo and Councilmembers thanked the Planning Commission for their efforts
22 and suggested the recommendations be given to City Manager and City Attorney for
23 implementation.
24 ri 3. Request for Proposal for Comprehensive Plan.
25 Commissioner Bergstrom presented the Request for Proposal for Comprehensive Plan
26 and explained that the issues of water, sewer and transportation infrastructure took a
27 subordinate role as these systems were all in place. The four focus points are Residential
28 Redevelopment, Commercial/Industrial Redevelopment, Land Use/Zoning, and Emerging
29 and Other Issues.
30 Motion by Wagner, second by Enrooth to accept the Request for Proposal for
31 Comprehensive Plan and submit for bids.
32 Motion carried unanimously.
33
34 B. Councilmembers.
Wagner reported he was recovering well from bypass surgery and was happy to be back.
City Council Regular Meeting Minutes
• June 25, 1996
Page 8
1 Faust reported his attendance at the League of Minnesota Cities Conference in Rochester.
2 He stated the sessions he attended were well presented and dynamic and contained a lot
3 of good ideas.
4 Enrooth reported the VillageFest Committee is meeting weekly and proceeding well. He
5 noted the Spring Clean-Up Report, reporting that the event broke even.
6 Wagner noted the Kiwanis will not be serving a pancake breakfast in conjunction with
7 VillageFest due to the lack of an available facility. They will however, be serving a
8 pancake breakfast in-conjunction with.the Salvation Army 75th Anniversary Celebration.
9 C. Mayor.
10 Mayor Ranallo had no report.
11 D. City Manager.
12 City Manager Mornson reported the City is working with the Exhaust Pro building
13 owners on an expansion which was approved when they initially moved into the mall.
14 This will include repairs of the parking lot, etc.
Mornson reported his attendance at a meeting with the architects and project manager of
P P J
16 the CUB Foods Store. They are planning to apply for the building permit on August 1,
17 1996, are anticipating approximately 28 weeks of construction, and feel the building and
18 roof will be erected by November 1, 1996. The grand opening is scheduled for March 1,
19 1997.
20 Mornson reported he offered the City's Liquor Operations Manager position to Mike
21 Larsen, Liquor Operations Manager for the City of Fridley. On Monday morning he
22 accepted the offer. He will start on July 15, 1996. The City is still working with First
23 Bank, Schoening Group, and OPUS on the SAV II relocation and are extremely close to
24 resolving the financial aspects.
25 Mornson reported the City will be closing on the CUB bond proceeds the end of July.
26 Mornson reported after two weeks of renovations of the Stonehouse parking lot by the .
27 Public Works Department, there is now consideration of doing some type of
28 improvement to the entire parking lot. The City intends to ask Midwest Asphalt for a bid
29 for the improvements.
30 Mornson reported the Apache Wells' last day of business is Saturday, June 29, 1996.
Most of the equipment is going to the Stonehouse. There are three or four restaurant
01 auction houses who are interested in the equipment the Stonehouse does not need. The
City Council Regular Meeting Minutes
• June 25, 1996
Page 9
1 process would be that the auction house would buy the equipment and then have a sale in
2 the building.
3 Mornson reminded Councilmembers there is no work session scheduled for July 2, 1996.
4 The next work sessions are scheduled for July 30, 1996 and August 6, 1996. Senator
5 Marty and Representative McGuire will be in attendance at the July 9, 1996 meeting to
6 provide a legislative update. The Ramsey County Engineers will also be in attendance to
7 discuss the County Road D bridge replacement project and RCM Engineer will provide a
8 feasibility report of the 1997 road project.
9 VIII. PUBLIC BEARING -None.
10 IX. NEW BUSINESS
11 A. Resolution 96-038. re: Police Services for City of Falcon Heights.
12 Motion by Enrooth, second by Faust to approve Resolution 96-038, regarding approving
13 the Joint Powers Agreement for police services with the City of Falcon Heights and
14 authorizing the Mayor and City Manager to execute said agreement.
15 Motion carried unanimously.
B. Resolution 96-039 re: Police Services for Ci1y of Lauderdale.
17 Motion by Wagner, second by Enrooth to approve Resolution 96-039, regarding
18 approving the Joint Powers Agreement for police services with the City of Lauderdale
19 and authorizing the Mayor and City Manager to execute said agreement.
20 Motion carried unanimously.
21 C. Resolution 96-043, re: Silver Lane Turn Back from Ramsey County to the Ci1Y of St.
22 Anthony.
23 Motion by Faust, second by Ranallo to approve Resolution 96-043, regarding accepting
24 the transfer of jurisdiction of Silver Lane from Ramsey County to the City of St.
25 Anthony.
26 Motion carried unanimously.
27 D. Stonehouse Restaurant Food Service Contract.
28 Morrison reported that under the current food service contract at the Stonehouse the City
29 would be required as of July 1, 1996 to pay Ernie Swanson 9%of gross. Staff is
30 recommending changing to a rental agreement which would save $1,100.00 per month.
Enrooth asked if other food would be available when Ernie's was not operating.
Morrison stated it would not.
City Council Regular Meeting Minutes
• June 25, 1996
Page 10
1 There was Council consensus that this issue should be the top priority of the new Liquor
2 Store Manager.
3 Motion by Enrooth, second by Wagner to approve the new Operating Agreement between
4 the City of St. Anthony and Ernest Swanson Sr., doing business as Ernie's Catering
5 Service.
6 Motion carried unanimously.
7 E. Ordinance 1996-005, re: Conditional Uses ( 1 st Reading 2
8 Motion by Faust, second by Enrooth to approve the 1 st reading of Ordinance 1996-005,
9 relating to permitted uses and permitted conditional uses in R1,Single Family; RIA,
10 Single Family Lake Shore; and C, General Commercial districts in Chapter 16 of the
11 1993 St. Anthony Code of Ordinances.
12 Motion carried unanimously.
13 F. Resolution 96-044, re: Adoption of Livable Communities Action Plan.
14 Morrison reported this was the final step of the Metropolitan Livable Communities Act
which was initiated last fall. This is a five year Action Plan which has to be adopted by
6 Resolution each year.
17
18 Motion by Faust, second by Enrooth to approve Resolution 96-044,regarding adopting a
19 five year Housing Plan for the City of'St. Anthony.
20 Motion carried unanimously.
21 IX. UNFINISHED BUSINESS.
22 A. Ordinance 1996-004. re: Ordinance Reading_(2nd Reading,L
23 Motion by Enrooth, second by Wagner to approve the 2nd reading of Ordinance 1996-
24 004, relating to ordinance readings, amending Section 200.06, Subd. 1 of the 1993 St.
25 Anthony Code of Ordinances.
26 Motion carried unanimously.
27
28 B. Ordinance 1996-003. re: Political Signs , 3rd Reading 1.
29 Motion by Wagner, second by Faust to approve the 3rd reading and adoption of
30 Ordinance 1996-003, relating to political signs, amending Section 1400:08 of the St.
31 Anthony 1993 Code of Ordinances.
32
Motion carried unanimously.
City Council Regular Meeting Minutes
• June 25, 1996
Page 11
1 XI. ADJOURNMENT.
2 Motion by Enrooth, second by Wagner to adjourn the meeting at 8:15 P.M.
3 Motion carried unanimously.
4 Respectfully submitted,
5 Lorri Kopischke
6 TimeSaver Off Site Secretarial -
7
8 Mayor
9 ATTEST:(,enr�u�2i2acJ
10 City Clerk