HomeMy WebLinkAboutCC MINUTES 10271998 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII .
100843
Box: 19 .
Folder: CC MINUTES AND AGENDAS 1998
Document: CC MINUTES 10271998
1 CITY OF ST. ANTHONY
REGULAR CITY COUNCIL MEETING
3 OCTOBER 27, 1998
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
.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, Faust, Cavanaugh, and Thuesen.
9 Councilmembers absent: None.
10 Also present: Kim Moore-Sykes, Management Assistant.
11 III. APPROVAL OF OCTOBER 27, 1998 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Faust, second by Marks to approve the October 27, 1998 Regular City Council
13 Meeting Agenda as presented.
14
15 Motion carried unanimously.
16 IV. APPROVAL OF OCTOBER 13, 1998 REGULAR CITY COUNCIL MEETING
MINUTES.
it Motion by Marks, second by Thuesen to approve the October 13, 1998 Regular City Council
19 Meeting Minutes with the following change:
20 Page 9, line 9, replace "William Soth, City Attorney" with "Tom Brever, Prosecuting Attorney"
21 Motion carried unanimously.
22
23 V. LICENSES/PERMITS/PETITIONS.
24 Motion by Marks, second by Faust to approve the following licenses:
25 Motor Vehicle Starting License: (renewal)
26 Murphy's Service Center, Inc.
27 Motion carried unanimously.
28 VI. PRESENTATION OF CLAIMS.
29 Motion by Marks, second by Thuesen to approve the following claims:
30 A. Schnitzer Legal Settlement in the amount of$30,100.00.
31 B. Flood Analysis/Water:
32 1. WSB & Associates in the amount of:
a. $1,791.25 for professional services rendered from September 1, 1998
4 through September 30, 1998 with regard to the Harding Street Public
35 Involvement&Preliminary Design.
City Council Meeting Minutes
• October 27, 1998
Page 2
I b. $584.50 for professional services rendered from September 1, 1998
2 through September 30, 1998 with regard to the I/I Study.
3 C. $268.00 for professional services rendered from September 1, 1998
4 through September 30, 1998 with regard to DNR& FEMA Grant
5 Administration.
6 d. $636.50 for professional services rendered from September 1, 1998
7 through September 30, 1998 with regard to the 1998 Flood Proofing Grant
8 Program Administration.
9 e. $27,774.36:for professional services rendered from September 1, 1998
10 through September 30, 1998 with regard to Silver Point/Central Park
11 Final Design.
12 C. Road Improvement Projects:
13 1. WSB & Associates, Inc. in the amount of$10,689.50 for professional services
14 rendered from September 1, 1998 through September 30, 1998 with regard to the
15 1999 Street&Utility Reconstruction Final Plans & Specifications.
16 2. Rieke Carroll Muller Associates, Inc. in the amount of:
17 a. $2,698.53 for professional services rendered from August 30, 1998
through September 26, 1998 with regard to the 1998 street improvements.
b. $664.19 for professional services rendered from August 30, 1998 through
20 September 26, 1998 with regard to 33rd Avenue construction.
21 D. MSA - Sidewalk Project:
22 1. Standard Sidewalk, Inc. in the amount of$102,143.90 for sidewalk construction
23 on St. Anthony Boulevard and Kenzie Terrace.
24 E. Demolition of 2713 St. Anthony Boulevard:
25 1. Land Recycling Services, Inc. in the amount o£
26 a. $10,758.00 for import of fill and grading of lot for drainage.
27 b. $500.00 for dormant seeding and hay covering.
28 F. Rehabilitation of Water Tower:
29 1. Braun Intertec in the amount of$1,707.90 for services rendered from September
30 5, 1998 through October 2, 1998 with regard to field inspections of welds and
31 coatings at 33rd Avenue NE and Silver Lake Road.
32 2. Rieke Carroll Muller Associates, Inc. in the amount of$812.36 for professional
33 services rendered from August 30, 1998 through September 26, 1998 with regard
34 to rehabilitation of elevated water tower.
35 G. 2 pages of Verified Claims as presented by the Finance Director.
36 Motion carried unanimously.
VII. REPORTS.
38 A. Planning Commission- October 20, 1998.
c
City Council Meeting Minutes
• October 27, 1998
Page 3
1 1. Mary Silberschmidt, for 3125 Roosevelt Street: setback variance request.
2 Mayor Ranallo welcomed Planning Commissioner Horst, who reviewed Mary Silberschmidt's
3 setback variance request for 3125 Roosevelt Street which was discussed at the Planning
4 Commission's October 20, 1998 meeting. He stated the Planning Commission recommended
5 approval of the variance request.
6 Mary Silberschmidt, 3125 Roosevelt Street, has submitted a request for a sideyard setback
7 variance of two feet to allow for the extension of a proposed deck that will connect with steps
8 that already exist on the south side of her home and make them part of the proposed deck.
9 Currently, the cement steps are consistently used as egress and ingress from a door on this side of
10 the house. They extend approximately 5 feet 6 inches from the structure but are also 3 feet 6
11 inches into the sideyard setback. The steps are proposed to be renovated and resituated to face
12 east as part of the proposed deck project. There is a 7-foot sideyard setback on this side of the
13 house.
14
15 Ms. Silberschmidt's home was constructed in 1960, sixteen years before the City's Zoning
Ordinance was adopted. She has indicated to Staff that the steps have not been repaired since
they were constructed and as such are in need of repair. Her house is situated facing west with
18 her kitchen on the'south end and it is from the kitchen that the door opens onto the steps in
19 question.
20
21 There are two issues resultant from Ms. Silberschmidt's proposed plan to reconstruct these steps
22 so that they will be more usable and safer and to connect the steps to the proposed deck
23 construction project. The first issue concerns the reconstruction or repair of a nonconforming
24 structure. In this situation, the steps currently are partially situated in the sideyard setback.
25 Section 1660.02, Subdivision 1., Existing Structure, of the City Ordinance states that no structure
26 used for a nonconforming use may be enlarged, extended, reconstructed, replaced or moved
27 except to change it to a conforming use. The steps are considered an allowed nonconforming
28 structure according to Section 1600.03 because they were in existence prior to the adoption of the
29 City's Zoning Ordinance. To be in compliance with the City's Ordinance, Ms. Silberschmidt has
30 the following options: she can reconstruct the steps to descend 2.5 feet from the house within a 2
31 foot space, which would create a more dangerous and less accessible exit or entrance to her
32 home; to renovate her kitchen so as to remove the door, thereby eliminating her ability to exit her
33 home from the south; or not use the door, again restricting an access or exit to her home.
34
35 While she stated she is interested in correcting the non-conforming situation that was created
36 when the City's Ordinance was approved in 1976,which placed her steps in the sideyard setback,
the above-stated options do not allow her to continue to use her property as it was originally
City Council Meeting Minutes
. October 27, 1998
Page 4
1 constructed or to its greatest use. Ms. Silberschmidt's inability to satisfactorily correct the
2 situation is, to some degree,the result of a hardship created by the adoption of the City's Zoning
3 Ordinance.
4
5 The second issue is that the proposed deck plan calls for the steps to be incorporated into the
6 design so that the end result is a deck structure that comes around to the side of the house to
7 connect with the steps. The property owner stated that this will provide continuity, accessibility
8 and usability of the steps and deck but this plan also requires a 2-foot variance, as the deck will
9 then extend into the sideyard setback as well.
10
11 Ms. Silberschmidt is requesting that her application for a variance to the City's Zoning
12 Ordinance be granted because the undue hardship was not created by her as the property owner,
13 but by the adoption of the Zoning Ordinance in 1976. By repairing the steps and making them
14 part of the proposed deck, she is trying to correct an extraordinary circumstance by reducing the
15 size of the steps by 1.5 feet, thereby mitigating the impact of the existence of a nonconforming
16 use. The property owner feels that by being asked to comply with the full extent of the
17 Ordinance, she would be unduly restricted in the use of her property.
No one contacted the City Staff to voice any objections or concerns.
20 Marks asked for clarification with regard to finding a hardship. Horst stated the steps in question
21 were in place prior to the enactment of the City's Ordinance. He added the proposed
22 construction is an improvement and access to the house would be limited without the setback
23 variance.
24
25 Marks asked whether the lot is of substandard size. Horst confirmed the lot is not substandard in
26 size.
27
28 Mayor Ranallo questioned why the proposed construction had been completed before the
29 variance had been granted.
30
31 Ms. Silberschmidt addressed the Council, stating she had applied for a building permit in
32 September 1998 at which time she discovered a variance would be required. She added she
33 spoke with Tom Brever, Prosecuting Attorney,who stated the variance allows the City to request
34 the removal of construction completed outside the variance, and advised her to contact Jay
35 Hartman, Public Works Director. Ms. Silberschmidt spoke with`Kim Moore-Sykes, who
36 indicated the building inspector would make the necessary decision.
37
Ms. Silberschmidt stated the building inspector approved all footings including those in the
City Council Meeting Minutes
• October 27, 1998
Page 5
1 setback. She added the footings were dug before the ground froze,but the deck has not been
2 completed pending decision by the Planning Commission and City Council with regard to the
3 setback variance.
4
5 Horst stated the Planning Commission was satisfied that no malice was intended and Ms.
6 Silberschmidt indicated her willingness to remove the construction if variance was not granted.
7 He added while Ms. Silberschmidt was aware the Planning Commission and City Council do not
8 look favorably upon requests from residents who complete construction before variance is
9 granted, the Planning Commission decided-there was sufficient grounds for granting the
10 , variance.
11 Motion by Thuesen, second by Marks to approve the setback variance of 2 feet to the property at
12 3125 Roosevelt Street.
13 Motion carried unanimously.
14 Ranallo requested the Council address the enforcement of a penalty upon residents who carry out
construction prior to the granting of a variance, adding similar incidents have occurred recently.
He stated a penalty might prevent the Council from being placed in a difficult position, and
17 suggested the issue might be discussed at a Council worksession.
18 B. Councilmembers.
19 Marks reported on his attendance at a Sister City Committee meeting last Sunday in preparation
20 for the November 8, 1998 membership meeting. He invited all present to join the organization
21 and get involved in the organization's many activities.
22
23 Marks stated, with regard to the Sister City organization, a group from Finland is expected to
24 visit the City next June, including a youth dance group, and Tella, an honorary citizen of St.
25 Anthony.
26
27 Cavanaugh reported on his attendance at the Chamber of Commerce and Taxpayer's Association
28 luncheon. He also stated that he recently viewed the movie "Pleasantville" and it reminded him
29 of St. Anthony.
30
31 Thuesen reported on his attendance at the Chemical Abuse Prevention Forum earlier that day, at
32 which chemical use and abuse topics were addressed including the sale of alcohol to minors and
33 providing role models to young people in the community. He added local experts are in the
34 process of putting together programs promoting role modeling within the community.
itThuesen stated he plans to pass on the information to the local chemical awareness task force
37 with which he has been involved, and hopes it will produce positive results for the community.
City Council Meeting Minutes
• October 27, 1998
Page 6
1 C. Mayor.
2 Ranallo stated the VillageFest appreciation night will be held November 6, 1998 at 6:30 P.M. at
3 the Stone House.
4
5 Ranallo stated the City had received a Certificate of Appreciation, presented by a representative
6 of Senator Rod Gram; for the City's participation in National.Crime Prevention Month. He
7 added National Night Out had started 10 years ago with a few neighborhood groups and has
8 grown over the years. He commended all those involved in the Neighborhood Crime Watch
9 program.
10
11 D. City Manager.
12 Kim Moore-Sykes, Management Assistant, reported on behalf of Mike Morrison, City Manager,
13 that City staff have been actively participating in internet and e-mail training and have found it to
14 be beneficial and informative. She added the_classes,taken at Ralph Reeder Community
15 Education Center in New Brighton and Mindsharp in downtown Minneapolis, have been
16 instructive and well-taught.
VIII. PUBLIC HEARINGS-None.
18 IX. NEW BUSINESS-None.
19 X. UNFINISHED BUSINESS -None.
20 XI. ADJOURNMENT.
21 Motion by Marks, second by Faust to adjourn the meeting at 7:24 P.M.
22 Motion carried unanimously.
23 Respectfully submitted,
24 Mary Mullen
25 TimeSaver Off Site Secretarial, Inc.
26
27 Mayor
ATTEST:
29 City Clerk