Loading...
HomeMy WebLinkAboutCC MINUTES 07121977- - - - - - - - - - - - - - - - - - - - -Meeting Sheet - - - IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 105560 BOX: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 07121977 - - - - - CITY -OF -ST.- ANTHONY- COUNCIL N-T-HONY-COUNCIL MINUTES July 12, 1977 The meeting was called to order by Mayor Miedtke at 7 :33 P.M. Present for roll call : Sundland, Haik, Miedtke, Stauffer and Sauer Also present: Jerry Dulgar, City Manager Jim Fornell , Administrative Assistant William Soth, City Attorney Councilman Stauffer asked that the following addition be made to the minutes for the June 28, 1977 Council meeting. Page 9 , Paragraph 1: Added to Councilman Stauffer ' s concerns about Ordinance 77-009 should be "as well as indiscriminate use of the ordinance" . Motion by Councilman Stauffer and seconded by Councilman Sundland to approve the minutes for the June 28, 1977 Council meeting as corrected. Motion carried unanimously. • Motion by Councilman Haik and seconded by Councilman Sundland to adopt Resolution 77-031. RESOLUTION 77-031 A RESOLUTION REQUESTING AND AUTHORIZING THE METRO- POLITAN COUNCIL HOUSING AND REDEVELOPMENT AUTHORITY TO APPLY FOR REHABILITATION GRANT FUNDS FOR IMPLEMENTATION OF THE HOME IMPROVEMENT GRANT PROGRAM WITHIN THE CITY OF ST. ANTHONY Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Haik to adopt Resolution 77-032. RESOLUTION 77-032 A RESOLUTION TRANSFERRING CETA MONIES RECEIVED TO PAYROLL, PENSIONS AND INSURANCE ACCOUNTS Motion carried unanimously. Councilman Stauffer and Councilman Haik reiterated their concerns with the possibility of misuse of the proposed ordinance dealing with noise in residential neighborhoods. The former felt there were adequate pro- visions in the existing City ordinances to deal with such disturbances • and felt the new ordinance might make it too easy for unreasonable en- forcement of the regulations. • Councilman Sundland felt the Police Department would continue to use the good judgement they now demonstrate in enforcement of City ordin- ances and the Mayor said he saw the new ordinance as giving the police "a handle on keeping the peace" and said it would be an easy matter to immediately withdraw the new regulations if City personnel should become indiscriminate regarding its use. Motion by Councilman Sundland and seconded by Councilman Sauer to waive further readings and adopt Ordinance 1977-009. ORDINANCE 1977-009 AN ORDINANCE RELATING TO NOISE IN RESIDENTIAL AREAS; PROVIDING PENALTIES FOR VIOLATION; AMENDING CHAPTER IX OF THE 1973 CODE OF ORDINANCES BY ADDING A NEW SECTION 970 THERETO Voting on the motion: Aye : Sundland, Sauer and Miedtke Nay: Haik and Stauffer Motion carried. Motion by councilman Sauer and seconded by Councilman Haik to adopt the • ordinance which amends restrictions of use of trucks on City streets. ORDINANCE 1977-011 AN ORDINANCE RELATING TO RESTRICTIONS ON THE USE OF TRUCKS ON CITY STREETS; AMENDING SEC- TION 730: 00 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Action on the Hedlund Concept Development Plan for a P.U.D. had been tabled June 28th for further study and reaction from the Council and staff. Gordon Hedlund, his attorney, John Daubney and planner consul- tant, Carl Dale, were present for the consideration of the July 7th revision of the Plan which had been complied by Jim Fornell from changes suggested by the Council and staff. Mr. Fornell 's cover memor- andum of the same date presented Mr. Hedlund's concerns about the re- visions as well as his own recommendations on necessary Council action for dealing with the nonconforming percentages of commercial development contained in the Hedlund Plan. Council members were also provided a copy of Councilman Stauffer ' s June 29th memo regarding the "architec- turally designed" styling for the "C" and "B" development of the Plan and Jim Fornell answered her concerns regarding the clarity of or policy inherent in three provisions in the proposal in his July 12th memoran- dum. Councilman Haik and Councilman Sundland were adamant that a performance bond should be required for the entire project, but the latter felt he could vote for the Plan as long as restaurants were included in the (2) • prohibited uses. He then questioned the City Attorney regarding the legality of prohibiting massage parlors and adult book stores as well. Mr. Soth said the Council could appropriately exclude any use it chose under a P.U.D. and addressed the question of whether for economical reasons the developer might be allowed to substitute for a Performance Bond a Letter of Credit which is "unconditional and irrevocable" or a Cash Deposit. Mayor Miedtke said he thought it preferable to stipulate the amount of the Performance Bond than leave the matter of another method of guaranteeing performance left open for negotiation. He suggested the bond amount should be based on 2% of the estimated project value ex- cluding land values. Motion by Councilman Stauffer and seconded by Councilman Sauer to waive the 20% maximum commercial use restrictions under the P.U.D. section of the City Zoning Ordinance and approve the July 7, 1977 revision of the Concept Development : lan for P.U.D. for lots 10-16 , Block 6, Mounds View Acres Second Addition with amendments and corrections as follows: 1. Substitute "may be used" for "shall be required" in establishing the 25 foot front yard setback under II (D) . 2 . Change 33-1/3% to "33% under III (B 1) . - - • 3. The driving lane easement will be provided at the "northwest" corner rather than "northeast" under IIIA 6) . 4. "Massage Parlors" and "Adult Bookstores" shall be added to the prohibited uses under "C" (Commercial) listed in III (B 3) . 5 . VI (A) shall be restated as per Jim Fornell 's July 12, 1977 memorandum. 6 . VIII (C) shall be modified as per the same document so the residential development won't be held up awaiting approval of the commercial development of the P.U.D. 7. $24, 000 is the sum of the Performance Bond which shall be required under VIII (D) . Voting on the motion: Aye: Stauffer, Sauer, Miedtke and Sundland Nay: Haik • Motion carried. (3) • The proposal will proceed to the Detailed Plan stage. The Mayor commended all who had been involved in the development of the proposal to this stage. Councilman Stauffer introduced members of the City of St. Anthony Task Force to Study Problems of Chemical Dependency which she chairs in- cluding Pastor Glen Martin, Dr. William Carr and Ruth Hultgren who dis- cussed the report from the Task Force as well as recommendations for action by the Council which were contained in it. The Chairman said a portion of the summary of recommendations from the report had been omitted and she wanted it noted in the minutes that the "Information and Referral Center would have information available for anyone needing. . . it and volunteers fromthe community who are trained in drug abuse problems readily available. . . for crisis situa- tions" . The possibility of such volunteer actions compromising the volunteer's professional status and creating a conflict of interest was raised by Councilman Sundland and responded by Pastor Martin and Dr. Carr. Councilman Haik wondered whether City staff could not more logically implement the recommended procedures since under the Drug Abuse Program adopted for City employees they might be receiving the necessary train- ing for dealing with such problems. Mr. Dulg-ar said -the training -the staff is now -receiving is- intended to • be used exclusively for the benefit of employees and their families and he did not feel would be adequate to handle the problems inherent in this program. Motion by Councilman Stauffer and seconded by Councilman Sundland to follow the recommendations of the Task Force to Study Problems of Chemical Dependency and create an Information and Referral Center in the Parkview building. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Mayor Miedtke to accept and approve the Chemical Dependency Task Force Report as a "Modus Operandi" for the City. Motion carried unanimously. Dr. Carr who heads the City Health Board then gave his list of nominees to serve on the Board. Motion by Councilman Sauer and seconded by Councilman Haik to approve the City Health Board comprised of Dr. Carr, Jim Fornell, Ruth Binkert, Marjorie Sather, Trudy Enlund and James Stephens. Motion carried unanimously. • (4) • The City Attorney's June 22nd letter regarding Chapter 182 of the 1977 Minnesota Session Laws was filed. The following response was made to the information contained in the letter from State officials advising that the 1977-78 levy limit base per capita which had been adopted will allow the City to increase its levy limit base by about $75, 000. Motion by Councilman Haik and seconded by Councilman Sauer to direct the City Manager to apply for the levy limit base change per the infor- mation received from the Local Government Aids and Analysis Division of the State of Minnesota. Motion carried unanimously. Jim Fornell and Councilman Sundland expressed their appreciation for the cooperation they had received from the residents who worked with them in formulating the plans for the proposed Senior Citizens Center and both were commended for their work on the project. Motion by Councilman Sundland and seconded by Councilman Sauer to approve the remodeling of a part of City Hall to accomodate the Senior Citizens Center recommended by the Senior Citizens Advisory Committee in their June 27, 1977 memorandum. Motion carried unanimously. • The Annual Report from the Association of Metropolitan Municipalities was filed. Mr. Dulgar reported a lack of response from the Minneapolis Park Board to his communications to them regarding the diseased elm trees on park property in the City. He reported that Sunset cemetery had begun their removal operations. Motion by Councilman Stauffer and seconded by Councilman Sundland to direct the City Manager to again contact the Minneapolis Park Board to request they immediately remove all diseased elm trees from their property along Stinson Boulevard and in the Gross Golf Course with a copy of his letter to be directed to all governmental bodies whose con- cern this problem should be, including the Minneapolis City Council and the Minnesota Department of Agriculture. Motion carried unanimously. Councilman Haik expressed her unhappiness at the proliferation of signs along Stinson Boulevard. Motion by Councilman Sauer and seconded by Councilman Stauffer to refer the Free Standing Sign Policy established by the Planning Board and contained in the May 11th memorandum from Jim Fornell to the City • Attorney for preparation as an amendment to the City Sign Ordinance. (5) Voting on the motion: Aye: Sauer, Stauffer, Miedtke and Sundland Nay: Haik Motion carried. The Administrative Assistant then discussed his July 5th memo regarding the eligibility requirements for tennis courts construction under the Community Development Block Grant program. Councilman Stauffer said that if another source of .funding for the tennis courts could be found she felt there could be better uses for the CD funds but she realized the City had committed itself to building the two additional tennis courts. Such other possible sources were discussed and the Manager advised the Council that there might also be funding needed for moving the Fire Department to the new City Hall location if Hennepin County should decide to use the old facilities for a library. Mr. and Mrs. Leo Lorbeski, 3321 Croft Drive, were present and Mr. Lor- beski spoke of his displeasure because of the Council 's approval of a variance which allows his neighbor, James Koski to make a garage ad- dition to his home. He said that the addition would protrude 5Z feet rather than 3z feet in front of his home and he presented a 1976 survey which showed a greater front yard setback than an earlier survey done in 1964, which shows a 33 foot setback on the Koski property. It was • pointed out that even with a 33 foot setback, the proposed addition would be in conformance with the zoning ordinance. Mr. Lorbeski objected to what he considered to be inaccuracies in statements attributed to Mr. Cowan of the Planning Board in the Board's June 21st minutes and said he was further displeased by the fence the Koski 's had erected between their properties as well as the sidewalk he feared they may con- struct in that same location. These he felt would increase his dif- ficulties in getting his car into his garage at the back of his property during the winter. Mr. Fornell reported he had made many unsuccessful attempts to mediate the neighbors ' differences and said Mrs . Koski had said the fence had been erected as a temporary measure to assure that the garage construc- tion activities did not extend to the Lorbeski property. The Mayor wanted the Council to decide whether they might want to re- consider their decision regarding the building permit if they felt that decision might have been based on inaccurate information. Mr. Fornell said both surveys of the Koski property were furnished to the Board and Council. Councilman Sundland said he felt that, since there seemed to be no question regarding the sideyard distances being accurately presented in both surveys, the fact that there were differences in frontyard setbacks • was really not relevant since the addition conformed to City regulations (6) • regarding such setbacks under both surveys. He said if the Koski 's had not required a sideyard variance there would have been no necessity for them to seek Council 's permission to build the garage in the first place. Mr. Soth agreed with this assessment of the situation but answered Mr. Lorbeski 's question of whether the Council could stop the building by saying this could be done if construction were not already started. Councilman Sauer told Mr. Lorbeski he could see no legal reason for the Council to delay the construction as there seemed to be 'no basis for reconsideration of their prevj-.cus action. When Councilman Sundland expressed the Council' s desire that the matter could be peaceably worked out between the neighbors, Mr. Lorbeski said "there will be no mediation" , and said he would be forced to take steps which would probably displease the neighborhood. Motion by Councilman Sundland and seconded by Mayor Miedtke to reconsider the grant of a sideyard variance to Mr. and Mrs. James Koski because of allegedly erroneous information given at the time the building permit was granted and to place a temporary hold on cor_structio of the Koski 's garage addition unitl the matter is clarified. Voting on the motion: • Aye: Miedtke Nay: Sundland, Sauer, Stauffer and Haik Motion not carried. Mr. Dulgar's July 8th response to Jim Fornell 's May 3rd recommendations regarding the City's long term debt planning was considered but the Council decided to defer any action, except for that regarding Fund #55, to the time when the new City Manager could familiarize himself with the situation. Motion by Councilman Stauffer and seconded by Councilman Haik to direct the Manager to prepare a resolution whereby Fund #55 can be transferred into the (3eneral Fund Reserve Motion carried unanimously. Since Mr. Dulgar will be taking h?_s vacation during the last two weeks of his stay with the City, the Council complied with his June 21st re- commendation regarding the transition period . Motion by Councilman Sundland and seconded by Councilman Sauer to desig- nate Jim Fornell as Acting Manager for the City of St. Anthony, effective July 15, 1977. • Motion carried unanimously. (7) • The City Attorney said it would not be necessary for the City to incur the additional expense of having the check signers reflect the Acting Manager's name since the signatures of the City Treasurer and Mayor would fulfill all legal requirements. Mr. Dulgar made his progress report on contract negotiations which he had been conducting with various employee groups. Terry Eklund of Community Services reported she had received a request from Leslie Paper Company that they be allowed to have beer during the softball tournment they are sponsoring in the City parks . The Council felt the City ordinance they had just adopted precluded any such permission being granted for other than special civic affairs. Motion by Councilman Stauffer and seconded by Councilman Haik to deny the Leslie Paper Company request for permission to serve beer during their softball tournment in the City parks. Motion carried unanimously. Ms. Eklund then questioned what her responsibility is regarding the incidences of beer drinking which accompanies , but is not necessarily associated with, such softball tournments. She complained that the Police Department had not been effectively dealing with the violation of the City ordinance . • Mr. Dulgar said the police had been following the precedent of only issuing warning citations when a new law first goes into effect but he had given them instructions to start arresting violators now. Ms. Eklund was advised that her responsibility was fulfilled as soon as she had alerted the police that such violations were occurring. She is to work out any problems with the Acting Manager. The May Police Report and Larry Hamer's report.on diseased trees was filed. Motion by Councilman Stauffer and seconded by Councilman Sundland to approve payment of all Verified Claims listed in the July 12, 1977 Agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to ap- prove payment of $15, 192 . 13 to Layne Minnesota, Inc. , for work done on Well #4 and High Service 1 and 2. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to approve payment of $2, 295. 75 to the Dorsey Firm for services rendered during • May, 1977. (8) Motion carried unanimously. Mr. Dulgar then reported that the Comprehensive Sewer Study had never been completed by Comstock and Davis, former City Engineer, and he was requested to turn it over to the new Engineer, McCombs and Knutson, for completion. Motion by Councilman Sundland and seconded by Mayor Miedtke to adjourn the meeting at 10 :10 P.M. Motion carried unanimously. Mayo (.aATTEST: / City Clerk (9)