HomeMy WebLinkAboutCC MINUTES 10221996 Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1996
Document: CC MINUTES 10221996 ,
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 OCTOBER 22, 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: City Manager Michael Mornson.
10 Councilmembers Absent: None.
11 III. APPROVAL OF OCTOBER 22, 1996 COUNCIL AGENDA.
12 Motion by Marks, second by Enrooth to approve the October 22, 1996 Council Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF OCTOBER 8, 1996 COUNCIL MINUTES.
16 Motion by Marks, second by Enrooth to approve the October 8, 1996 Council minutes as
presented.
18 Motion carried unanimously.
19 V. LICENSES/PERMITS/PETITIONS.
20 Motion by Marks, second by Wagner to approve the following licenses:
21 Heating Licenses:
22 Delmar Furnace Exchange, Inc., Brooklyn Park, MN/add gas grill at 3023-31st Avenue
23 Coronado Enterprises, Spring Lake Park, MN/add gas fireplace at 3204 Silver Lane
24 Contractors License:
25 Copeland Builders, Minneapolis, MN/building Bagel& Video Stores at Apache
26 D.J. Kranz Co., Inc., Minneapolis, MN/remodeling at St. Anthony Nursing Home
27 Classic Builders, Andover, MN/remodeling at Baker's Square
28 Motion carried unanimously.
29 Motion by Wagner, second by Faust to approve a temporary 3.2 Beer& Wine Permit for St.
30 Charles Borromeo Church, February 9, 1997 for St. Charles Borromeo Mardi Gras Celebration.
31 Voting on the Motion:
Aye: Enrooth, Faust, Wagner, and Ranallo
Nay: Marks
City Council Regular Meeting Minutes
October 22, 1996
Page 2
1 Motion carried.
2 VI. PRESENTATION OF CLAIMS.
3 Motion by Marks, second by Enrooth to approve the following claims:
4 A. Foster, Ojile, Wentzell & Brever in the amount of$2,600.00 for professional services
5 rendered for the month of October 1996.
6 B. _Rieke, Carroll, Muller Associates in the amount of$12,565.81 for professional services
7 rendered September 1 to September 28, 1996 for 1997 Street and Watermain
8 Improvements.
9 C. 4 pages of Verified Claims as presented by the Finance Director.
10
11 Motion carried unanimously.
12 VII. REPORTS.
13 A. Planning Commission - October 15, 1996.
14 Commissioner George Thompson was present to report on the items addressed at the
15 October 15, 1996 Planning Commission Meeting.
16
17 1. Roger Bona, St. Anthony Unocal Service Station, 2801 Kenzie Terrace; Side Yard
Setback Variance Request.
Commissioner Thompson reported Mr. Bona, the owner of the commercial property at
20 2801 Kenzie Terrace, is proposing to demolish the old Johnson Meat Market that.is part
21 of his property and reconstruct another building in the same footprint with an additional
22 20 feet added to the north,to house service/repair bays so that he may expand his service
23 station business. Currently, the meat market building is approximately 10 feet into the
24 side yard setback, which for commercial properties adjacent to residential areas, is 10 feet
25 shy of the required side yard setback of 20 feet.
26 Mark Murlowske, of Belair Builders and Roger Bona feel that the new building will
27 enhance the redevelopment efforts of the City, make the area more attractive and will
28 meet Roger's needs for his business. There were several people at the Planning
29 Commission meeting in favor of the project and Mr. Bona presented the City with a
30 petition signed by all the neighbors to the west of his property in favor of the project.
31 The Planning Commission recommended City Council approval of the 10 foot side yard
32 setback variance request by a vote of 5-0-1, Commissioner Makowske abstained, as it
33 meets the variance criteria as follows:
34 1. Strict enforcement would cause undue hardship as this proposal will not alter the
35 character of the area and economic interests are evident but are not the primary
consideration.
1 2. Circumstances are unique due to the configuration of the lot.
City Council Regular Meeting Minutes
• October 22, 1996
Page 3
1 3. The proposal is in the spirit of revitalization and redevelopment of the City of St.
2 Anthony.
3 4. There was no opposition from neighboring property owners but in fact there was
4 support.
5 5. The design offers potential safety improvements for motorists.
6 6. The building will be aesthetically pleasing due to the lower profile.
7 Councilmember Faust questioned City Attorney's concern with allowing a non-
8 conforming structure to be replaced.
9 City Manager Morrison stated this concern was misinterpreted. The original issue was if
10 Mr. Bona could expand the existing meat market without a variance. This is no longer
11 the issue as the building is being removed and the property put to a new use. The issue is
12 simply the consideration of a 10 foot side yard setback variance.
13 Councilmember Wagner questioned if the curb cuts would be changed.
14 Mark Murlowske, Belair Builders, stated all curb cuts will be maintained as they
15 currently exist.
Councilmember Marks questioned the hardship in this case.
17 Mr. Murlowske stated from a construction standpoint, the hardship is the configuration of
-18 the lot. This is a corner lot with street frontage on three sides. Three proposals had been
19 considered but other configurations had resulted in the alleyway being too narrow and the
20 access becoming dangerous to suppliers. The current proposal will provide the necessary
21 alleyway and access and also allow more vehicles to be inside the repair facility and
22 relieve parking.
23 Councilmember Marks asked if there was any way to reorient the building and
24 accomplish the same means without the variance. Mr. Murlowske stated there was not.
25 Roger Bona, owner of the property, explained this plan will relieve the noise problem of
26 the facility. The original proposal called for four doors. This plan will include only one
27 door. The noise from the facility will come right back at the business or onto Kenzie
28 Terrace. There also will be no unsightly windows with this proposal. The traffic flow is
29 good, cars can travel in both directions. Mr. Bona stated there will be no additional curb
30 cuts. The curb cuts will remain exactly as they are in shape and size.
31 Marks asked what the affect would be on the building if the variance was not granted.
•
City.Council Regular Meeting Minutes
• October 22, 1996
Page 4
1 Mr. Murlowske stated he felt the property was unbuildable without the variance due to
2 the configuration of the lot, the traffic flow and the parking. He again stated three
3 proposals had been considered and price was not the deciding factor.
4 Marks asked how the traffic pattern would be affected if the variance was not granted.
5 Mr. Murlowske stated with the variance there would be 31.5 feet between the buildings.
6 This would provide a good alleyway and would allow room for parallel parking on both
7 sides. This could not be accomplished without the 10 foot setback variance.
8 Marks asked if the new building could be built against the existing building.
9 Mr. Murlowske stated the waste haulers would be unable to safely access the lot and it
10 would affect the safety of traffic flow.
11 Mr. Bona reiterated if the building was built within the 20 foot setback, the garbage
12 haulers would be unable to remove garbage.
13 Mr. Murlowske noted if the building were built closer to the other building,the option of
the overhead door on the side of the building would also be lost. He stated if this were a
01 rectangular lot, with one street frontage,there would be no issue with meeting all the
16 requirements. Due to the configuration of the lot and the three street frontages, it requires
17 the additional setback.
18 Motion by Ranallo, second by Wagner to approve the request for a 10 foot side yard
19 variance for the St. Anthony Unocal Service Station, Roger Bona, 2801 Kenzie Terrace
20 based on the findings of the Planning Commission.
21 Motion carried unanimously.
22
23 2. Assaad Hark, 2914 - 36th Avenue N.E.; Side Yard Setback Variance
24 Request.
25 Commissioner Thompson reported Assaad Hark, owner of the property at 2914 - 36th
26 Avenue N.E., has submitted a request for a side yard setback variance of 7.5 feet so that
27 he may be able to build a 28 foot by 14 foot addition to the existing porch on the south
28 side of his house. The proposed addition would allow the owner to make the current
29 porch more usable and will be in line with the principle structure.
30 The required setback for this lot is 30 feet because it is adjacent to 36th Avenue N.E. and
31 Silver Lake Road. The existing home sits 30 feet from 36th Avenue N.E. but is only 15
feet from Silver Lake Road. The home immediately to the north of the subject property
41 also sits 15 feet from Silver Lake Road and the home immediately south of the subject
34 property is 30 feet from Silver Lake Road. The City Ordinance states that the structure
City Council Regular Meeting Minutes
• October 22, 1996
Page 5
1 must be 30 feet from an adjacent street. The owner would like to request that the side
2 yard have a depth equal to the greater of 30 feet or a distance equal to the average of the
3 two adjacent lots. If the average of the two adjacent lots can be used to calculate the
4 variance needed for the construction of this addition, then the setback would be 22.5 feet
5 and Mr. Hark would need a 7.5 foot variance. The City Ordinance restricts lot coverage
6 to 35% and Mr. Hark does maintain that requirement with the proposed addition.
7 Mr. Thompson reported there were several neighbors at the meeting who spoke in favor
8 of the project. The Planning Commission recommended approval of the request on a vote
9 of 5-1, Commissioner Franzese voted naye, provided that the applicants complete the
10 construction within twelve months as stipulated in the City Zoning Ordinance and as it
11 meets the following variance criteria:
12 1. The applicant has demonstrated hardships that make it difficult to improve their
13 property without a variance.
14 2. This proposal is in the spirit of improving lots in the City of St. Anthony.
15 3. The addition will be in alignment with the existing structure and will blend with
16 the existing structures.
17 4. The property is unique as it is a corner lot which limits the buildable area.
5.' The codification of the City's Zoning Ordinance caused the problem on the lot.
6. The property has the principled residential structure already located in the side
20 yard setback prior to this addition.
21 7. - No opposition was voiced by the neighbors.
22 Commissioner Franzese voted naye as she felt that while she liked the project and it had
23 neighborhood support, she was concerned that when Hennepin County decides to widen
24 Silver Lake Road, the City will be forced to compensate residents that have received
25 variances for residential improvements along Silver Lake Road.
26 Marks questioned the hardship in this case. There was Council consensus that item 5 for
27 meeting variance criteria as stated by the Planning Commission,was irrelevant to this
28 decision.
29 Assaad Hark, 2914 - 36th Avenue N.E., stated that without the variance the improvement
30 to the room will not be possible as it will leave two corners of the house unusable.
31 Mayor Ranallo questioned the possibility of building the addition to the west of the
32 existing structure.
33 Mr. Hark stated he was trying to improve the living space of the family room. The west
side of the house contained two bedrooms. It would be impossible to build the addition
in this area as there is no hall access.
City Council Regular Meeting Minutes
• October 22, 1996
Page 6
1 Marks noted a variance could not be granted based on the internal format of the house.
2 Mr. Hark stated the addition would be flush with the existing structure and have the same
3 siding.
4 Marks noted there-was a method to build the addition without the variance. It may be
5 inconvenient but that should not affect the decision to grant the variance. Mayor Ranallo
6 noted there were no safety issues involved.
7 Mr. Hark stated this was the only place it made sense to locate the addition. If there were
8 future improvements on Silver Lake Road, the entire house would have to be removed.
9 He stated he would not make the improvement without the variance.
10 Enrooth stated he felt the frontage of this lot had been reduced when Silver Lake Road
11 had been widened several years ago.
12 Faust noted this addition would not interfere with anyone else or any other property.
13 Marks stated a hardship is something about the lot, the shape, topography, etc., that if the
ordinance is applied directly without change would result in the property not having
01 reasonable use. He noted this property could still be put to reasonable use without the
16 variance.
17 Faust stated he did not believe building within the required setback would allow Mr. hark
18 to have a room that could be put to reasonable use and it would also not be good for the
19 housing maintenance issue. He felt there were two extenuating circumstances; 1) The
20 house is already encroaching on the County Road setback, 2) This is only an extension of
21 an encroachment. The request will not go out further or onto other properties. It will
22 only bring the house out to the garage.
23 Wagner asked when the house was built. Mr. Hark stated the house was built in 1961.
24 Motion by Ranallo, second by Faust to approve the 7.5 foot side yard setback variance in
25 order to construct an addition to an existing porch for Assaad Hark, 2914 - 36th Avenue
26 N.E. provided that the applicants complete the construction within twelve months as
27 stipulated in the City Zoning Ordinance and based on the findings of the Planning
28 Commission as follows:
29 1. The applicant has demonstrated hardships that make it difficult to improve their
30 property without a variance.
2. This proposal is in the spirit of improving lots in the City of St. Anthony.
16 3. The addition will be in alignment with the existing structure and will blend with
33 the existing structures.
City Council Regular Meeting Minutes
• October 22, 1996
Page 7
1 4. The property has the principled residential structure already located in the side
2 yard setback prior to this addition.
3 Voting on the Motion:
4 Aye: Enrooth, Faust, Wagner, and Ranallo
5 Nay: Marks
6 Motion carried.
7
8 3. Other Items Discussed.
9 Commissioner Thompson reported Staff advised Commissioners of the upcoming public
10 hearings. Moore-Sykes reported on discussions the City has had with a VFW post from
11 Minneapolis about the possibility of purchasing the old Pizza Hut building for a
12 members-only post. They intend to have charitable gambling and 3.2 beer on-sale.
13 Thompson reported Staff provided a copy of the agenda as proposed by BRW, Inc. for
14 the Joint Meeting with the City Council on October 29, 1996. Staff was directed to put
15 together an agenda and attach BRW's and to arrange for refreshments.
Mayor Ranallo noted there had been two previous requests for charitable gambling in the
City of St. Anthony and the City had stated they were not interested.
18 B. Councilmembers.
19 Faust reported his attendance at the Fire Station Open House on October 9, 1996. .He noted there
20 were many people in attendance who were not St. Anthony residents. This shows that the Fire
21 Department's extension far exceeds it's political boundaries. He attributed this to the excellent
22 profile the Fire Chief and Fire Fighters have. He commended the Fire Chief and Department for
23 their excellent service.
24 Marks noted a problem with trash in the City Parks. He stated the problem was not due to the
25 trash not being put in the containers, but due to the containers not being covered. Animals and
26 birds will then go into the containers, remove the trash and scatter it elsewhere. He stated he
27 would like covered trash containers to be installed in the parks and the new City
28 Hall/Community Center area. He felt this would result in the parks remaining neat and orderly
29 and significantly improve the appearance of the parks. He also suggested more trash barrels be
30 installed in the picnic areas.
31 There was Council consensus that installing covered trash barrels would improve the City Parks.
32 Morrison noted this issue is currently being addressed.
33
C. Maw
Mayor Ranallo had no report.
36
City Council Regular Meeting Minutes
• October 22, 1996
Page 8
1 D. City Manager.
2 City Manager Morrison reported that the Metropolitan Council is lobbying to change the
3 definition of the hardship clause of the variance to address the housing maintenance issue of the
4 Metropolitan Livable Communities Act. This will result in a variance being easier to justify.
5 Morrison reported he had met with the Hennepin County Assessor and the Assessor's office is
6 currently being reorganized. Glen Busifsky will now be working with the City of St. Anthony
7 rather than Larry Miller. The Assistant, Kari Luther, will continue to work with the City of St.
8 Anthony. Morrison reported he will meet again with the Assessor in one month to discuss the
9 sales ratio for-the year and it appears there is a valuation increase of approximately 4%to 5% for
10 the City of St. Anthony. This is based on sales of homes in the past year. Mornson noted the
11 increase is a sign of a healthy market and community. The redevelopment effort of the City has
12 also helped increase the value as the area is more attractive.
13 Mornson reported he had met with Dan Solar, Ramsey County Engineer regarding the bridge
14 project on 37th Avenue. On November 19, 1996, Ramsey County will present a basic "bare
15 bones"plan for the bridge. On December 3, 1996, Ramsey County will hold a public
16 informational meeting at Apache Plaza for the proposed bridge project. This will be the first of
17 three meetings held by Ramsey County regarding the bridge project. After the December 3,
1996 meeting, Ramsey County will come back to the City to get public/governmental input for
the bridge.
20 Morrison reported the Minnesota Police Recruitment Testing will expire on December 31, 1996.
21 The Police Chief and City Manager are in the process of looking at alternative testings for use
22 when vacancies are filled in the Police Department. State Law requires that all officers go
23 through various competency testing before being hired. Momson noted the City is still in the
24 process of hiring two new officers to fill vacancies. Once this is completed, the Police
25 Department will again be at full capacity.
26 Morrison reported the City has replaced their full-time park maintenance employee. The City of
27 St. Anthony has hired their first full-time female public works employee. Mornson also noted
28 Larry Hamer, Public Works Director, has announced his resignation as of November 21, 1997.
29 Mr. Hamer is also involved with building inspection with Duane Grace. Duane Grace will also
30 be resigning. As the need for inspection in the City has decreased, City Manager is investigating
31 the possibility of employing a joint inspector with the City of New Brighton, who is also in need
32 of an inspector.
33 Morrison reported that to work on Bike Patrol for the Police Department requires extensive
34 training from the State of Minnesota. Officer Flynn was planning to take this training but has
35 left the City for a different position. Another difficulty is that in order to have an efficient bike
patrol, the City would be required to pay overtime. The Police Chief is suggesting to defer the
40 bike patrol until there is a better idea of who would like to be trained for the patrol and how it
38 would work for this department. The funds that were donated by the Tri City Legion could then
City Council Regular Meeting Minutes
• October 22, 1996
Page 9
1 be used to buy new exercise equipment for the new exercise room at the City Hall/Community
2 Center which is primarily used by the police officers.
3 Mayor Ranallo stated he would still like to see the bike patrol be initiated. Faust asked if a
4 Community Service Officer could be hired for the position of bike patrol.
5 Mornson stated a Community Service Officer would not have the power of arrest. He noted the
6 Police Department would like to have the program but there is a need for an officer who is
7 interested in being trained for the bike patrol.
8 Faust stated he felt the bike patrol was a good program and he was concerned with losing the
9 funds for the program.
10 There was Council consensus to purchase the exercise equipment but to continue to pursue the
11 bike patrol program. Mornson stated he would ask the Police Chief to present the City Council
12 with a vision of what the bike patrol would be and the costs associated with the program.
13 Mornson reported his attendance at a progress meeting today with the contractor of the City
14 Hall/Community Center. The building is proceeding welland an opening date of January 6,
1997 is still anticipated. There is a potential of two lifts in the parking lot, with one lift being
T6 completed this fall and the second completed in the spring. The anticipated cost of the Council
17 bench was $7,100.00 and has been reduced to $4,515.00. This is a reduction of$2,626.00. Also
18 a different fireproofing system will be used which will result in a reduction of$884.00.
19 Mornson reported he conducted the School Board tour of the City Hall/Community Center
20 building on October 15, 1996 and received a lot of positive feedback. Mornson also reported
21 there is again an issue on 33rd Avenue in front of the school. The parents are dropping their
22 children on the south side of the road and children are running across the street. There have
23 already been 3-4 possible accidents. This issue was addressed last year and a school speed zone
24 of 20 m.p.h., no parking on the south side of road and flashing lights were proposed. A letter
25 was sent to all affected property owners but only two property owners came to the scheduled
26 meeting to discuss the issue. A revised proposal would include no flashing lights, elimination of
27 one hour parking from 8:00 a.m. to 4:00 p.m. on the north and south side and replace with no
28 parking on school days on the south side from 7:00 a.m. to 3:00 p.m. The Police would make a
29 diligent effort to enforce the signage. The parents would then drop the children on the north side.
30 Mornson stated he would send notification to all affected residents and request they notify Staff
31 of any concerns or problems with the changes. Mornson noted there had also been problems
32 with high school students parking their cars in a residential area and littering in the area. Those
33 complaints have been forwarded to the Superintendent and have apparently been resolved.
Mornson reported his attendance at the Chandler Place ground breaking ceremony on October
16, 1996. There was a lot of support for the City and the work the City had done with variances
36 and Tax Increment Financing.
City Council Regular Meeting Minutes
• October 22, 1996
Page 10
1 Mornson reported there is $20,000.00 in the proposed 1997 budget for capital equipment to
2 upgrade the Police Department computers. Staff would like to order the upgrade now so it can
3 be installed and operating when City Hall opens. This will require the City to pay $10,000.00
4 now and the other$10,000.00 in 1997.
5 Mornson reminded the Council of the Work Session which is scheduled for October 29, 1996 at
6 6:00 P.M. in the Council Chambers, followed by a Joint Meeting with the Planning Commission
7 and BRW, Inc. at 7:00 P.M. in Room 9. He also noted RCM Engineers, Larry Hamer and
8 himself will be conducting neighborhood meetings on October 30, 1996 at 6:00 P.M. and 7:00
9 P.M. to discuss the 1997 Roosevelt Street Project.
10 Mornson showed the Council a brochure which was put together by the Chamber of Commerce
11 with the City participating by creating a summary in the front of the brochure. Mornson stated
12 he will be revising the summary to include the redevelopments which have recently occurred in
13 the City. The Mayor and City Councilmembers are listed in the brochure free of charge and a list
14 of City Officials and who to call is listed in the brochure for a fee of$255.00. This brochure will
15 be distributed to all residents the week before Thanksgiving.
16 Mornson reported he and Mike Larson had met with First Banks yesterday regarding the liquor
4P8 issues, primarily Apache Wells, the existing SAV II lease, and the new SAV II lease. Mary
Rothschild is no longer involved in the same capacity and the City is now working with Larry
19 McCabe. First Bankd has agreed to terminate the Apache Wells lease effective August 1, 1996.
20 Termination of the lease will be on the November 12, 1996 Council agenda. As a result of the
21 lease being terminated July 31, 1996,the City will save $133,000.00 over the next 3.5 years.
22 First Banks is also proposing an attempt to gain more competitive bids for the liquor store
23 expansion at Tire Plus to try to reduce the cost. It is possible that construction may not begin
.24 until March, 1997.
25 VIII. PUBLIC HEARING -None.
26 IX. NEW BUSINESS -None.
27 IX. UNFINISHED BUSINESS.
28 1. Ordinance 1996-006, re: Noise Control (, 2nd ReadingL
29 Motion by Enrooth, second by Marks to approve the 2nd reading of Ordinance 1996-006,
30 relating to Noise Control, amending Section 1145 of the 1993 St. Anthony Code of
31 Ordinances.
32 Motion carried unanimously.
XI. ADJOURNMENT.
�J4 Motion by Marks, second by Enrooth to adjourn the meeting at 8:29 P.M.
City Council Regular Meeting Minutes
• October 22, 1996
Page 11
1 Motion carried unanimously.
2 Respectfully submitted,
3 Lorri Kopischke
4 TimeSaver Off Site Secretarial
5 GLS
6 Mayor
7 ATTEST: ira[i►rceJ
8 City Clerk
•