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HomeMy WebLinkAboutCC MINUTES 07261977 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 105562 Box: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 07261977 • CITY OF ST. ANTHONY COUNCIL MINUTES July 26 , 1977 The meeting was called to order by Mayor Miedtke at 7 :34 P.M. Present for roll call: Sundland, Haik, Miedtke, Stauffer and Sauer. Also present: Jim Fornell, Acting City Manager Larry Vickrey, City Attorney The following motion was omitted from the minutes for the July 12, 1977 Council meeting: Page 4, Paragraph 7: Motion by Councilman Sundland and seconded by Councilman Sauer to establish the Chemical Dependency Information Committee to carry out the recommendations of the Task Force with the professional volun- teers who will serve on this committee to be proposed by the Task Force membership at a later date. • Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to approve the minutes for the Council meeting held July 12th as corrected. Motion carried unanimously. Wil Johnson appeared to report on recommendations made to the Council by the Planning Board during their June 19, 1977 meeting. He reported the Board had been unanimous in recommending approval of the proposed Cassidy Products building to be built in the St. Anthony Office Park. Harry Schroeder, project architect, discussed the 34 parking spaces which the proposal provides and reiterated his contention that the City's requirement of the number of parking spaces required for industrial, warehousing and office buildings "might be ambivalent in terms of reality" . He felt a revision of the zoning ordinance to more specifically determine the parking requirements by type of business would give the City the con- trol it needs. The Mayor reminded him that the City's control lay in the fact that it is the responsibility of the developer to see that each project has enough parking spaces provided so that no on street parking will be necessary. Mr. Schroeder said future parking space had been pro- vided for in front of the Cassidy building but it was felt it would be preferable not to use the space for that purpose unless a change in tenants for the building should warrant it. r • Motion by Councilman Sauer and seconded by Councilman Haik to approve the building permit for the Cassidy Products building as presented on Lots 6 and 7, Block 3, St. Anthony Office Park Addition, subject to con- ditions set by the Planning Board. Motion carried unanimously. Mr. Vickrey discussed with the Council what he felt would be a logical sequence of procedures by which Randy Mikkelson could be allowed to re- model the existing two family structure at 3821 Foss Road to accomodate a third unit in the basement and at the same time retain the use of the barn on the property which is now used for a garage and storage. He said since this is only a temporary measure taken until the time when both buildings are to be razed for an apartment building, he felt the City could also forego the requirement of enclosed parking space which is re- quired for new construction. The existing two family structure is non- conforming to the property' s Light Industrial zoning classification as it is, he said. The Council incorporated his suggestions into the following: Motion by Councilman Sundland and seconded by Councilman Stauffer to extend the Non-Conforming Use for Lot 19, Block 12, Mounds View Acres, Second Addition, to allow a third unit to be added to the existing structure subject to the provision of six off-street parking spaces and provided improvements are in compliance with all fire codes. • Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sauer to adopt Ordinance 1977-012, rezoning of the above property from Light Industrial to R-4 (multiple dwelling residential) . ORDINANCE 1977-012 AN ORDINANCE RELATING TO LAND USE; AMENDING THE CITY ZONING MAP AS ADOPTED BY SECTION 300 OF THE 1973 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously. Mr. Johnson reported the four members of the Board who were present were split in voting on the proposal that the Salvation Army Camp be rezoned from R-1 (single family dwelling) to R.O.S. (recreational/open space) . Councilman Sauer questioned why there was any opposition from the Board whose members had originally considered the R.O.S. as the best usage for that property. Jim Brown, camp manager, said he would try to dispel the uncertainties about the future of the camp which he felt were the basis for opposition • of the two Board members who did not vote for the rezoning. He said the (2) • Salvation Army in�ends using the camp primarily for a summer camp for the elderly, retarded and young people with winter usage as a retreat and conference center necessary to generate funds to off set the cost of the summer activities. The fieldhouse which the Salvation Army is requesting permission to build will include a gymnasium to be used in inclement weather and a swimming pool which the camp director felt was a necessary substitute for Silver Lake whose conditions for swimming are rapidly de- teriorating. No further building is anticipated except the proposed six sided building which will be used for arts and crafts and conferences and will provide from 30 to 40 more sleeping spaces, Mr. Brown said. He said the swimming pool and arts and craft building were both part of the preliminary plans which had been presented to the City several years ago. Prohibitive building costs would preclude any further expansion, he contended. The community will have easy access to both the children's farm and nature trails which will be completed early this fall. Mayor Miedtke said he hoped the proposed fieldhouse and conference build- ing could be presented as a final development for the camp and warned a comprehensive plan would have to be presented before any further building could be allowed. Councilman Stauffer agreed saying a number of City residents have voiced concerns that some limits be set for further build- ing on the camp grounds. Robert Johnson, 2913 Silver Lake Court, who identified himself as a • neighbor and member of the Community Services Advisory Committee felt the proposal gave the City the opportunity of maintaining open spaces within the confines of the City. He defended the rezoning saying "the Salvation Army had been a good neighbor" . Motion by Councilman Haik and seconded by Councilman Stauffer to adopt Ordinance 1977-013 , rezoning the Salvation Army Camp at 2950 West County Road "E" from R-1 (single family dwelling) to R.O. S. (recreational/open space) as was recommended by the Planning Board when the new City Zoning Ordinance was proposed. ORDINANCE 1977-013 AN ORDINANCE RELATING TO LAND USE; AMENDING THE CITY ZONING MAP AS ADOPTED BY SECTION 300 OF THE 1973 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously. Councilman Stauffer said she felt there had to be some recognition of the setbacks set for R.O.S. zoning and it was decided that since the Board had deferred action on the request for a non-conforming setback for the fieldhouse until the rezoning question had been settled, the question of whether the filed house should be built within 100 feet of the lakeshore should be considered during the hearing originally set to be held by the • Board. (3) • Bernard Blanske presented site plans for the addition he proposes to build to the St. Anthony Millworks at 3901 Foss Road. He indicated the addition will not be as high as the existing building and therefore will not block the view of the Mirror Lake Manor residents. Dennis Engle of the Condominium Owners Association viewed the plans with the Council and added his suggestions to those made by Council members . Motion by Councilman Sundland and seconded by Councilman Haik to approve a building permit for the proposed addition to the St. Anthony Millworks building at 3901 Foss Road as presented, subject to compliance with all building codes and City ordinances. —Motion carried unanimously. No Council action was deemed necessary regarding the Residential Component of the Detailed Plan for the Hedlund P.U.D. which will be considered at the Public Hearing scheduled to be held during the Planning Board's August 16th meeting. -- The Council indicated basic agreement with the proposal for the 49 'ers union hall to be built on Lot 2, Block 1, St. Anthony Office Park Addition including the revised plans for moving the building further south to accomodate the road improvements contemplated on County Road "C" . The number of parking spaces which remained after the change seemed more than adequate for the normal business expected for the building. However, • Councilman Sauer said he would like to see agreements which might be made for the use of neighboring parking lots to accomodate the few large meet- ings of membership which are anticipated. The meeting was recessed from 8 : 30 P.M. to 8 :40 P.M. while Mr. Vickrey made an unsuccessful effort to get the information he felt was vital for him to have to gi-re an opinion regarding a possible waiver of the City's or- dinance forbidding the use of mete and bounds for conveying property so that Mr. and Mrs. Ed Buetz can begin construction of the car wash they plan for 39th Avenue N.E. , without waiting for replatting. C. W. Bartlett, manufacturer of the car wash equipment, said though the Buetz ' felt the Apache Corporation who had sold the property to them should have cleared the title, they were willing to post a bond and pay the costs 'of replatting so construction will not be held up. Mayor Miedtke said he was very reluctant to waive the platting ordinance which had provided a logical and good pattern for usage over the years. Mr. Vickrey foresaw the possibility of all kinds of violations to the ordinance if it were changed to accomodate a specific problem with a building permit and said he hoped to find a way of accelerating the re- platting process so Mr. and Mrs . Buetz will not be delayed any longer than necessary with their construction plans. Motion by Councilman Stauffer and seconded by Councilman Haik to table action until the next Council meeting so that the City Attorney will have • time to ascertain what can be done to accelerate a solution to the con- veyance problem of Mr. and Mrs. Ed Buetz. (4) • Motion carried unanimously. The Mayor then said he felt the ordinance requiring the replatting of all conveyed property should also be maintained in the other incidence of conveyance procedure problems with the Lofgren property at 3213 Skycroft Drive. Mr. Fornell reported that Hardy Morningstar had agreed to revise his plans for an enclosed swimming pool so he would no longer require a variance to the Zoning Ordinance. Mr. Johnson then discussed his letter of resignation from the Board and he was commended for the seven years of guidance and good judgment he had provided that body. Motion by Councilman Sauer and seconded by Councilman Haik to accept with regret the resignation of Wil Johnson from the City Planning Board and to request the Acting Manager to prepare a Certificate of Commendation for his fine service to the community to be presented to Mr. Johnson. Motion carried unanimously. Representatives of the press who were present were then requested to pub- licize the opening on the Board. Richard Carlson, 3509 Maplewood Drive, appeared to protest the noise and • annoyance to the City residents which are generated by garbage haulers who operate in the City as early as 5 : 00 A.M. He felt the City should follow the example of other communities who restrict noise generating businesses from operating earlier than 7 :00 A.M. , and later than 7 :00 P.M. He felt the existing City ordinances were not defined clearly enough to handle the problem. Before any changes are made in City ordinances, the Council felt the offending companies should be given the opportunity of responding to the complaints. Motion by Councilman Stauffer and seconded by Councilman Haik to request Mr. Fornell to communicate with all firms who haul garbage and trash in the City to ask their cooperation in eliminating annoyances to the resi- dents which results from their operations. Motion carried unanimously. Motion by Councilman Saundland and seconded by Councilman Sauer to adopt the resolution whereby additional revenue received from organizations using City gas pumps can be used to increase the appropriation to General Fund account No. 425-33. RESOLUTION 77-033 A RESOLUTION MODIFYING THE 1977 BUDGET Motion carried unanimously. • (5) Motion by Councilman Sauer and seconded by Councilman Stauffer to adopt • the resolution which terminates Fund No. 55 and trasnfers the balance of the fund and future receivables into the General Reserve Fund. RESOLUTION 77-034 A RESOLUTION TERMINATING FUND NO. 55 AND TRANSFERRING THE MONEY THEREIN TO THE GENERAL FUND RESERVE (FUND NO. 10 RESERVE) Motion carried unanimously. Motion by Councilman Haik and seconded by Councilman Sundland to request the Acting Manager to contact the management of the City' s shopping centers and office buildings to offer the City's support and assistance in maintaining parking spaces for the handicapped. Motion carried unanimously. Dennis Engle representing the St. Anthony Jaycees requested Council ap- proval of the "petting zoo" or "children's farm" which the group are de- veloping at the Salvation Army campgrounds. Mr. Engle said two cabins on the campground have been converted to walk-through barns where children can see and play with several species of small farm and wild animals. It is hoped the project can be opened to the public in August. In reply to Councilman Stauffer' s concern regarding a possible contamination of waterways, Mr. Engle said there will be a seasonal water line provided. • Motion by Councilman Sundland and seconded by Councilman Sauer to grant approval for the small barnyard zoo planned for the Salvation Army Camp- grounds, pending approval of the City Health Officer. Motion carried unanimously. Acknowledgement of the City's request that the levy limit base be raised by the Minnesota Department of Revenue was filed. Motion by Councilman Sundland and seconded by Councilman Haik to adopt the resolution authorizing Hennepin County to conduct a public sale of tax forfeited land in the City. RESOLUTION 77-035 RESOLUTION AUTHORIZING HENNEPIN COUNTY TO CONDUCT A PUBLIC SALE OF TAX FORFEITED LAND IN THE CITY. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sauer to approve payment of $1,928.00 for membership in the League of Minnesota Cities. Motion carried unanimously. • (6) Reservations to attend the AMM seminar on levy limitations are being • taken by Mr. Fornell. Motion by Mayor Miedtke and seconded by Councilman Sauer to approve payment of the amount of settlement in the Barbara Davidson lawsuit as negotiated by the City Attorney and to direct the City Staff to update personnel ordinances and practices, subject to Council review. Motion carried unanimously. The North Memorial Nursing Service and the Fire Depa tment reports for June were filed. The letter from the Department of Revenue regarding an increase in the levy limits was filed. Note was made of Congressman Vento 's letter of appreciation for Jerry Dulgar's participation in the E.D.A. seminar. No Council action will be taken on Larry Hamer 's July 19th memo regarding Backwashing and the Holding Pond until further directives are received from the P.C.A. Mr. Fornell ' s memorandum of July 22nd in which he advised the Council that public hearings on the use of Revenue Sharing funds must be held be- fore the 1978 budget is presented and before it is approved by the Council • before October 10th resulted in the following motions : Motion by Councilman Sundland and seconded by Councilman Stauffer to authorize a Revenue Sharing Fund Use hearing be scheduled for August 23rd and that a Budget Hearing be held during the Council 's September 27th meeting. Motion carried unanimously. Motion by Councilman Haik and seconded by Councilman Stauffer to adopt Resolution 77-036 authorizing a Public Hearing be held during the Council 's September 27th meeting regarding the assessments which are to be levied for the 29th Avenue N.E. Street Improvement Project. RESOLUTION 77-036 A RESOLUTION CALLING A PUBLIC HEARING ON ASSESSMENTS FOR STREET IMPROVEMENT PROJECT 1976-1 Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to adopt Resolution 77-036 , authorizing a Public Hearing be held September 13, 1977 regarding the dropped special assessments for the Diamond 8 Apartments and Apache Plaza and a street assessment on 2401 Silver Lane and to direct the Acting Manager to get the legal opinion of the attorney representing the City's interest in this matter about the imposition of penalty interest • (7) • to the dropped assessments and to then poll the Council membership re- garding the collection of such interest. RESOLUTION 77-037 A RESOLUTION CALLING FOR PUBLIC HEARINGS ON STREET IMPROVEMENT PROJECT 1976-2 AND ON REASSESSMENT 1977-1 Motion carried unanimously. Councilman Sundland corroborated the complaints of J. Wiehoff, 3509 Coolidge Street N.E. , regarding the overzealous missionary efforts by members of the Mormon Church. Mr. Wiehoff was especially incensed by the evangelicals ' efforts to convert his teenager after gaining access to the Wiehoff home during the absence of the parents . Mr. Vickrey said the matter might involve a question of religion' s freedom if a municipality should legislate against such high pressure tactics but said a homeowner can sign a complaint against anyone who persists in trespassing on his property and the police can arrest such a trespasser. He said residents could be informed in a newsletter of what resources they have in cases of high pressure tactics towards children. Mr. Fornell was requested to inform the hom--s office of the offenders regarding the complaint which had been lodged against their representatives. Councilman Haik responded to Mr. Fornell ' s agenda addition regarding • tennis court construction in the Ramsey County portion of the City by saying she felt some type of recreational facility should be provided to the residents of the northwest section of the City because they do not have easy access to other recreational facilities. She saw the fact that that area has a large enough percentage of low and moderate income house- holds to qualify as an eligible area for grant funds as further justifi- cation for such facilities. Possible sites for tennis, volleyball or basketball courts were the land adjacent to the City' s well house as well as the City owned property in the 150 foot setback at the intersection of Silver Lane and Stinson Boulevard. The property directly south of Silver Oak School was also mentioned by Mayor Miedtke, who felt this discussion reinforced his belief that there should be some long range park planning done soon. Councilman Sauer said he hoped ,the Community Services Board would take some such action during their meeting in August. He said that that body had advised against tennis courts in Emerald Park because of a lack of funds and the fact the park is not large enough to support another form of recreation. He pointed to the fact that there are two candidates for Director as a possible indication that some af- firmative action will be taken by that body. The Council agreed to give Councilman Haik's suggestions further study to see what could be done to provide moe recreational facilities for the northern portion of the City. Mr. Vickrey left the meeting at 9 : 50 P.M. • (8) • Councilman Haik then reporters the Jaycees had indicated to her that they were still interested in holding an October Fest for the community the third week of October with no anticipation of receiving City funds to subsidize the activity. The Council members were not opposed to having the event under those terms but several wondered it the suggestion which had been previously made that the fall event only be scheduled every other year with perhaps a community dance held in the interim years did not still have merit. Mr. Fornell is to make two reservations for the National League of Cities meeting in San Francisco in December. Motion by Councilman Sundland and seconded by Councilman Stauffer to grant all licenses listed in the July 26, 1977 Agenda as well as a restau- rant license for Disco Skate. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Mayor Miedtke to approve payment of all Verified Claims listed in the July 26, 1977 Agenda. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to approve payment of $3,825. 49 to the Dorsey Law Firm for services rendered during June, 1977. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of $196. 75 to McCombs - Knutson Associates for services rendered as City Engineer during June, 1977. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to table action on the bill from Twin City Testing and Engineering Laboratory, Inc. , for $1, 348. 06 so that responsibility for payment can be determined. Motion carried unanimously. Mr. Fornell reported that the City would not be eligible for a special levy as originally thought for a possible county auditors error in levying the 1975/76 and 1976/77 taxes. The Screening Committee has received from 40 to 50 applications for the position of City Manager. Motion by Councilman Sundland and seconded by Councilman Haik to adjourn the meeting at 10 :07 P.M. Motion carried unanimously. A-4,01"-s I. ATTEST: yor City Clerk (9)