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HomeMy WebLinkAboutCC MINUTES 12041979 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 105892 Box: 36 Folder: CC MINUTES AND AGENDAS 1979 Document: CC MINUTES 12041979 .. 1dp� CITY OF ST. ANTHONY COUNCIL MINUTES December 4 , 1979 The meeting was called to order at 7 :30 p.m. by Mayor Haik. Present for roll call: Letourneau, Ranallo, Haik, Sundland and Sauer. Also present: Jim Fornell, City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; and Carol Johnson, City Clerk. Motion by Councilman Ranallo and seconded by Councilman Sauer to approve as submitted the minutes for the special Council meeting held November 13 , 1979. Motion carried unanimously. The minutes for the regular Council meeting held following the special Council meeting November 13 were amended as follows: Page 1, para. 6 : Substitute "said" for "and" following "Mayor. . . " Page 8, para. 5 : Following "to their elected officials" in the second line • should be added "including Councilman Ranallo' s suggestion that the City offices be open Saturday from 9 a.m. to 11 a.m. and a Council member be avail- able to the public. " Motion by Councilman Sundland and seconded by Councilman Ranallo to approve as amended the minutes for the regular Council meeting held November 13, 1979 . Motion carried unanimously. Ray Sopcinski reported on actions taken and recommendations for Council action given during the meeting of the Planning Commission November 13, 1979, as reflected in the minutes for that meeting. Mr. Soth suggested the wording of the resolution authorizing the vacation of the alley running through the Bona property be expanded to identify "the portion of the Soo Marie Park" by "of the alley dedicated in the plat" of the Soo Marie Park. Motion by Councilman Letourneau and seconded by Councilman Ranallo to adopt Resolution 79-084 (as amended by the City Attorney) which vacates that part of the alley lying north of a line drawn between the southeast corner of Lot 25 and the southwest corner of Lot 8 and lying south of a line drawn between the northeast corner of Lot 24 and the northwest corner of Lot 7 , all in Block 17 , Soo Marie Park in accordance with the request of the petitioner. -2- Motion carried unanimously. • Mr. Fornell reiterated his recommendations to the Planning Commission that the City does not need a 66 foot wide roadway for an access to the holding pond known as Mirror Lake and staff therefore would not object to vacating the southern half of the roughly developed gravel path (Sunset Lane) as requested by Bernard Blanske who owns the property to the north and south of the existing roadway as long as an easement on the south is granted to the City for snow storage. He also confirmed that the vacation should only be made for that portion of the roadway which runs past the Blanske property. Mr. Sopcinski said the Blanske request for the vacation had been tabled until the location of the existing Sunset Lane roadbed can be identified. The absence of this information as well as more specific data as to the grading, landscaping and lighting plans for the mini storage facilities proposed to be constructed on the property south of Sunset Lane as well as some confusion regarding the proposed setbacks and restrictions regarding lakeshore setbacks prompted the Planning Commission to also table the request for vari- ances which will allow Mr. Blanske to erect the proposed structures on his property. How the property use will be addressed in the final Comprehensive Plan being developed for this area soon was also a factor in the decision to table the matter. Mayor Haik requested the Commission representative to advise the • other members of that body that the Council will respond to their questions regarding the Council ' s willingness to consider bringing the Blanske property into closer conformance with the neighboring land use as suggested by the Comprehensive Plan as soon as the 1977 survey of the Blanske property has been amended to locate the Sunset Lane roadbed and the Comprehensive Plan has been approved by the Commission for consideration by the Council. Thomas Ruvelson, of T and H Enterprises, Inc. , was present to acknowledge Slumberland' s willingness to accept a temporary permit for new signage above their store in the St. Anthony Shopping Center in expectation of a new signage plan for the center. He did not oppose restricting this permit to a one year period and agreed it would be Slumberland' s responsibility to apply for continuance of that signage before the year has expired. Motion by Councilman Sauer and seconded by Councilman Sundland to grant a temporary permit and variance for one year to expire December 31, 1980 to Slumberland for the 180 square foot sign they propose to substitute for the existing signage on their store at 2945 Pentagon Drive, agreeing with the Planning Commission this improvement might aid in increasing the viability of business conditions in the shop- ping center and would not appear to be a major consideration in possible development plans for this area. Motion carried unanimously. -3- Mayor Haik had expressed her reticence to set a precedent for signage of this size in the shopping center saying she believes "there are larger problems than signage in the center" and her comments were drawn to Mr. Sopcinski ' s attention to relay back to the Commission for consideration when the Red Owl signage request comes before them. Mr. Sopcinski then gave the reasons the Commission saw for amending the City Zoning Ordinance to provide a classification of copy ser- vice print shops so this classification may be utilized in consider- ing the application for a small print shop under the Hedlund PUD. Councilman Ranallo was concerned that if such a use were allowed for that site at this time "the next request will probably be for a dry cleaning establishment, followed by a quasi shopstore or retail store outlet" . The Manager saw—it as "a very low profile operation" in terms of parking and customer volume. Motion by Mayor Haik and seconded by Councilman Ranallo not to direct a listing for a service office print shop under 1,200 square feet in size be developed for the City Zoning Ordinance as a "B" , Service Office, commercial use. Motion carried unanimously. In compliance with the suggestion from the Planning Commission, steps will be taken to fill the upcoming vacancies on the Commission before • the next Commission meeting. Notices of the vacancies will be announced December 13 and 20, and applications taken through December 28 , and interviews conducted by the Council the second week in January. It was agreed if only three applicants need to be interviewed, they will be seen before the Council meeting January 8; and if more, at a special meeting January 10. Mr. Sopcinski concluded his presentation by expressing the Commission' s reluctance to see Councilman Sauer leaving the Council in December and their gratitude for his long years of service which they felt contributed to "making the City a better place in which to live The Manager reported Ordinance 1979-007 (they had been provided) represented a consolidation of the City' s diseased tree ordinance and the model firewood ordinance suggested by the State of Minnesota. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve the second reading of Ordinance 1979-007 . ORDINANCE 1979-007 AN ORDINANCE OF THE CITY OF ST. ANTHONY, MINNESOTA, ESTABLISHING A SHADE TREE PROGRAM, PROVIDING REGU- LATION FOR THE CONTROL OF CERTAIN DISEASES AFFECTING TREES, INCORPORATING AGENCY RULES AND REGULATIONS, AND PROVIDING FOR PENALTY FOR VIOLATION THEREOF. Motion carried unanimously. -4- Motion by Councilman Sundland and seconded by Councilman Ranallo • to approve the resolution which modifies the 1979 budget to provide for the transfer of funds to cover the final gasoline purchases for 1979. RESOLUTION 79-082 A RESOLUTION MODIFYING THE 1979 BUDGET Motion carried unanimously. Except for a possible nominal membership fee, the City can expect to pay only the placement fee of approximately $600 for each vacancy which is filled if the Suburban Police Recruitment System is utilized, the Manager said; and he recommended participation in the system since hiring costs will be less than now paid for new recruits on the Police Department. Motion by Councilman Sundland and seconded by Councilman Letourneau to adopt Resolution 79-083. RESOLUTION 79-083 A RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN POLICE RECRUITMENT SYSTEM Motion carried unanimously. • The matter of the Johnson Wholesale Florists litigation had been laid over from the November 13 meeting for further advice from the special attorney, Talle, Herrick and Munns, as to how the question of lighting of the Johnson property under the proposed expanded use of the pro- perty, which the court had ruled should be allowed, should be handled, whether that ruling should be appealed, and some zoning variance con- siderations. David Newman of that firm had responded in his letter of November 21 to those questions and was present to pursue the matter further with the Council and interested residents. Peter Leba, 3116 Edwards Street N.E. , one of the residents who opposes Johnson' s expansion plans, asked that Mr. Newman' s letter be read aloud. At his request, a letter from Orville Thompson, 3302 Belden Drive, which had been pro- vided the Council, was also read. Mr. Thompson said "the neighbors will hold the Council strictly responsible for protecting the rights of adjoining property owners regarding the permits" should the Council decide not to appeal the court decision and building permits are issued. He wanted all the "provisions o the codes" followed, especially setback provisions, as well as "adequate permanent cover sufficiently high to screen the potentially unpleasant property use; structure height control and protection of the adjoining property from the nuisance of lights for several months of the year" . The Manager ' s December 4 assessment of how Johnson' s expansion plans complied with the City' s commercial zoning regulations and building codes had also • been provided those present. -5- Mr. Newman and Mr. William Luther, representing the Johnsons, dis- agreed in their interpretation of the court ' s decision with Mr. Newnan contending the court had not ruled on the question of whether the florists had to comply with the City ordinances and applicable restrictions when it had handed down its judgment that the Johnson' s had the right to expand their property. On the other hand, Senator Luther said it is his client' s position that the specific building permit application made by the Johnsons in 1978 met all the City requirements at that time and they had been ruled on and approved by the court in its decision. The lighting for the four additional greenhouse structures were a part of that application. The attorney also corrected Mr. Newman' s assumption that the judge in that case had not personally prepared the findings. Johnson' s counsel had indicated to him the florists ' willingness to meet reasonable com- mercial restrictions for their proposed expansion and were also willing to negotiate others , Mr. Newman said. Mr. Luther cautioned, however, that any change in technology would be unacceptable. The City' s attorney then suggested negotiations be undertaken before a decision regarding an appeal be made and that action be taken only if the court attempted to prevent the City from using its codes and ordinances "as they are traditionally applied to commercial usage" . He then raised the question of whether the proposed lighting is specifically restricted in the City ordinance and whether this is something over which the City has any control. When the Johnsons ' attorney agreed to sit down with City staff to go over their differ- ences, Mr. Fornell said he hoped such negotiations might result in lighting which is less offensive to the neighbors with perhaps more effective screening for the residents to the east of the Johnson property provided by plantings of pine and poplar trees in addition to the proposed fence. The Council agreed to defer a decision until further negotiations to work out a more acceptable development are completed. Copies of the November 28 letter from Richard J. Williams, new owner of the Northgate Motel and Restaurant, in which Mr. Williams agreed to pay the $1, 188 bill for past sewage and water which had not been billed to the motel, had been included in the agenda and the Manager ' s November 30 recommendations regarding this proposal as well as future billing had been distributed to the Council. Motion by Councilman Sauer and seconded by Mayor Haik to accept the repayment agreement specified in Mr. Williams ' November 28 letter. -Motion carried unanimously. Councilman Ranallo left the meeting at 9 : 05 p.m. Motion by Councilman Sundland and seconded by Mayor Haik to direct staff to include a provision for motel sewer billing in the revised sewer ordinance. • Motion carried unanimously. -6- The Council also followed staff recommendations that the Police • Chief ' s membership in the Chemical Abuse Information Committee will help to interface the criminal justice role in the community's chemical abuse programming and with which there was concurrence by Chairman Stauffer. Motion by Councilman Letourneau and seconded by Councilman Sauer to appoint Police Chief Hickerson to the Chemical Abuse Information Committee. Motion carried unanimously. The League of Minnesota Cities seminar on levy limitation legislation to be held January 9 was noted and reservations solicited. Council members will indicate to City staff any preferences they might have regarding placement of Metro Transit shelters, keeping in mind that the City must pay part of the costs if usage falls below 40 patrons. Mr. Fornell ' s agenda comments on the Clerk-Treasurer' s investment report were noted but no further questions directed to Mrs. Johnson. Also filed as informational was police Chief Hickerson' s memorandum on the status of the reserve, intern and Explorer Scouts programs through the Police Department. • In separate memorandums, Mr. Fornell and Mr. Soth had given their thoughts regarding the creation of a health board which would re- place the advisory committee on health matters, which reported to the Council as the City's Health Board. Dr. William Carr, who headed the advisory committee, was present to speak in favor of the board which he felt might generate greater community involve- ment in health problem areas and provide a source of greater inter- action on health services and controls. The Manager was directed to propose an ordinance which provides for a health board as per his recommendations, and then to look for persons, especially with expertise in the field, to serve on the board. Motion by Councilman Sauer and seconded by Mayor Haik to grant a restaurant license to Bambies Pizza, 2626 Kenzie Terrace, and a motor vehicle starting and towing license to Sroga' s Standard. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to approve payment of all verified claims listed in the December 4 agenda. Motion carried unanimously. • The billing from District #282 is for heating, maintenance of the boiler system and insurance coverage, Mr. Fornell explained, and he said he is considering exploring the possibility of the City' s getting its own insurance at some savings. -7- motion by Councilman Sundland and seconded by Councilman Letourneau to approve payment of $6, 790 to District #282 . Motion carried unanimously . Motion by Councilman Sundland and seconded by Mayor Haik to approve payment of $755. 90 to Talle, Herrick and Munns for legal services on the Johnson Florist litigation. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to direct the Manager to pay the City of Roseville $121, 830. 22 , the City' s initial share of costs for upgrading Highcrest Road per the joint powers agreement between the cities. Motion carried unanimously. The Council also followed Mr. Fornell ' s recommendation that the sewer repair and diversion costs should be paid out of Fund 10A, agreeing that even the proposed sewer rate increase will not pro- vide much funds for future capital improvement expenditures. Motion by Mayor Haik and seconded by Councilman Sauer to approve payment of sanitary sewer repair and diversion costs on Highcrest Road from Fund 10A. • Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Haik to authorize payment of $5,500 from the Capital Improvement Account in the 1979 budget for the City' s share of costs of the semaphore lights installed at the intersection of Stinson and Lowry. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Mayor Haik to adjourn the meeting at 9 : 45 p.m. Motion carried unanimously. —- -- - Mayor— — - - - - ATTEST: City Clerk •