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HomeMy WebLinkAboutCC MINUTES 01251977 Meeting Sheet *106568* 106568 Box: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 01251977 46 CITY OF ST. ANTHONY COUNCIL MINUTES January 25, 1977 The meeting was called to order at 7 : 35 P.M. by Mayor Miedtke . Present for roll call: Jerry Dulgar, City Manager Larry Vickrey, City Attorney Jim Fornell , Administrative Assistant The following corrections were made to the minutes for the January 11, 1977 Council meeting. Page 5, paragraph 1: Substitute "improve low cost housing" for "promote low income housing" . Page 5, paragraph 3: The chemical dependency task force will include District #282 School Board Member, Michelle Wallace, and Alden McCutchan, St. Anthony High School As- sistant Principal. Motion by Councilman Sundland and seconded by Councilman Sauer to • approve the Council' s January 11, 1977 minutes as corrected. Motion carried unanimously. Recommendations to the Council from the Planning Board as contained in the Board' s minutes of January 18 , 1977 were presented by Richard Rymarchick with comments by Ken Hiebel . Mr. Rymarchick reported that the Board had given unanimous approval to the request from Donald Dick for a side yard variance which will allow Mr. Dick to make an 8 foot addition to his attached garage at 3519 Harding Street N.E. Mr. Dick was present and explained that his 12 foot wide single garage is no longer adequate for his family ' s needs. He said that although he had no written confirmation, his next door neighbor had indicated verbal- ly to him that he had no objections to the improvement. Mr. Hiebel then added that there is a distance of approximately 35 feet between Mr. Dick 's garage and his neighbor' s house and the new structure will be six feet from his driveway. Mayor Miedtke mentioned previous instances where the City had not al- lowed such variances and felt that there had not been sufficient docu- mentation of the reasons , including hardship, the Board had felt in justifying the variance. He said he feared "being locked in" the precedent for such variances . The Council felt they had insufficient description of the site and • lacked the specifics which were necessary to reach a decision regard- ing the request. Mr. Dick is to furnish additional data to the Manager. • Motion by Councilman Stauffer and seconded by Councilman Sauer to table, for further information until the February 8th Council meeting, any action on the Dick request for a side yard variance. --.Motion carried unanimously. Mr. Rymarchick continued his presentation by reporting that action on the rear yard variance for the Apache Car Wash had been tabled when no one appeared to present the request. He said the Board had voted !-- 6 to 1 to recommend approval of a conditional use permit which will allow Mrs. Kathleen Stanley to operate a day care home in her single family dwelling at 3012 39th Avenue N.E. Mrs. Stanley was present and introduced Sue Sinna of the Ramsey County Family Day Care Associaton who brought to the Council ' s attention state legislation which was passed in July of 1976 which she contended made the City's conditional use permit unnecessary. The Manager did not agree with this premise and the City Attorney said such an operation falls within the jurisdiction of the City ordinance. Motion by Councilman Sauer and seconded by Councilman Haik to grant ap- proval of a conditional use permit to Mrs . Kathleen Stanley to operate a day care home in her residence at 3012 39th Avenue N.E. subject to her meeting all licensing requirements. Motion carried unanimously. • Mrs. Stanley then spoke regarding her hearing before the Planning Board, saying that body did not seem to have the necessary knowledge of the procedures which were required to allow her to operate a day care home and this had placed her in the embarrassing situation of hav- ing to furnish information about which she was not knowledgeable. Mr. Rymarchick then reported on the informal discussion the Board mem- bers had with Gordon Hedlund, his attorney and a land planner who offered several proposals for the development of the 5 acres which Mr. Hedlund owns between Silver Lake Road and Penrod Lane across from Apache Plaza. He also said he had since been notified of a general open meeting set up by Mr. Hedlund for January 27th at Apache Plaza to which residents of the area had been invited along with the Board and Council to discuss proposals for the development of the Hedlund tract. Mayor Miedtke commended the Board for trying to develop a working re- with Mr. Hedlund for the development of his land. Mr. Rymarchick then told the City Attorney the Board had found the procedural forms and check lists he had submitted to be acceptable and had referred them to the Staff for their review and recommendations. Mr. Hiebel told Mr. Vickrey the Board had especially appreciated the listing of procedures to be followed for public hearings . • Mr. Hiebel and Mr. Rymarchick were congratulated on their selection as Chairman and Chairman Pro Tem of the Board for 1977 . (2) • State Representative Steve Novak then addressed the Council assuring them of his availability to them whenever they might need him for in- formation about aid with any legislation which might affect the City and its residents . He expressed the desire to serve as a conduit be- tween the City and the State Legislature through which the lines of communication could be kept open. He suggested trying to set up a meeting date in which he and other legislators who represent St. Anthony could sit down with the Council members and discuss such matters as levy limitations, state aid to municipalities and the exhorbitant raises in liability insurance fees which the City officials have in- dicated are their greatest concerns. He also thanked Mr. Dulgar for pointing out to him the lack of communication between the City officials and the Ramsey County Legislative Program group. Representative Novak said he hoped to be able to better serve the concerns fo his constitu- ents through his membership on the Crime and Transportation Councils and the Minnesota House Tax Committee. The Mayor expressed the appreciation of the Council for Representative Novak' s visit and the Manager was requested to set up as soon as pos- sible an informal meeting with the Council and any other State Legis- lators who are able to attend. Motion by Councilman Sundland and seconded by Councilman Sauer to adopt the resolution which authorizes the submission of the 1977 Com- munity Development Block Grant Application to Hennepin County. • RESOLUTION 77-011 A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF ST. ANTHONY GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DE- VELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Haik to follow the recommendation of the City Manager and to award the order for a backhoe unit to Carlson Tractor and Equipment Company as submitted. Motion carried unanimously. Ken Hiebel and Richard Rymarchick then presented a request for a tem- porary beer license to allow their softball team which is sponsored by Berger Transfer Company to sell beer during a mixed couples softball tournament which their group will host in St. Anthony the weekend of June 18th and 19th, 1977. The Council then considered the written re- quest which had been written by Mr. Hiebel as General Chairman of the proposed event, which would require the use of three baseball diamonds at Central Park from 9 :00 A.M. to 6 :00 P.M. both days and probably only one diamond for one game on Sunday morning at Silver Point Park. Mr. • Hiebel also requested that the restroom facilities at both parks be available to the group during the tournament. (3) • Councilmen Stauffer and Haik expressed concern about establishing a practice of allowing small groups to tie up recreation facilities in the parks for similar or less desirable activities. Councilman Stauffer said she would be more comfortable with granting such a per- mission to a larger organization such as the Community Services De- partment. Mr. Hiebel said the Berger team were part of a loosely knit group of softball teams under the Community Services but only their team competed outside the community. His request included work- ing out facility arrangements with Ron Buhrt and he did not feel the proposed tournament would affect to any great extent the use of the park by other groups. Mr. Rymarchick said he felt as residents of the City they had a legitmate claim to the use of the recreational facilities . The Manager related problems which he had experienced in Excelsior when softball teams had monopolized the only ball diamond in that City 's park and the regulations they had established to govern such activities. There was general agreement that there was need for a provision in the City ordinance for temporary licensing the sale of beer which could serve as a vehicle for establishing rules and regula- tions whereby the sale of beer and assumption of liability for such sales could governed. However, Councilman Sauer felt the precedent for allowing the temporary sale of beer had already been established, citing the Wrangler Days and previous community events in the City parks and the sale of beer at St. Charles events . Motion by Councilman Sauer and seconded by Councilman Sundland to • grant a temporary two day license to Ken Hiebel to allow the sale of beer during the softball tournament to be held in the City parks June 18th and 19th, 1977 and to waive the fee for such a license. Before voting on the motion, the following motion to table was made: Motion by Mayor Miedtke and seconded by Councilman Haik to table action on the request for a temporary beer license for a softball tournament June 18th and 19th until the Council ' s February 22nd meeting to allow time for the Manager and the Attorney to prepare a modification of the City ordinance for granting temporary beer licenses . Voting on the motion to table: Aye: Sundland, Haik, Miedtke and Stauffer Nay: Sauer Motion to table carried. The applicants were then assured that the consensus of the Council was that they would be allowed to sell beer during their tournament and they could therefore proceed with their preparations including working out arrangements with the Community Services for use of park facilities . • Phil Dahlen, 1378 Skywood Lanes N.E. , representing C.B. United, ap- peared to present his organizations plans to hold a jamboree-camperee (4) • CB buffs at the Apache Plaza Shopping Center from June 11th thru June 19th, 1977 . His proposal included participants being allowed to camp (mostly in self contained campers) in either the parking lots in front of the building formerly tenated by the Flea Market or in the grassy knolls between the Equinox Apartments and the shopping center. Although Mr. Dahlen could give no exact figures for the number of participants , he speculated that there might as many as 35,000 to 50 ,000 CB'ers from all over the U.S. and Canada present on weekends . He said the organization has its own police force which he speculated might outnumber the City' s police department. One drawing card for a large attendance he felt was the $2, 000 door prize and $1,000 savings bond which Apache management had agreed to put up. Council members were concerned with the sanitary facilities for such a large event, noting the restrictions in the City ordinance against the use of sanitary facilities in any vehicle unless it were parked in a regulated trailer court in the City. Mr. Dahlen was urged to find other camping facilities for the event. Another concern which was voiced by the Manager was the proposal that the group will hold a dance in the shopping mall to which attendance will be unrestricted. Such a dance he told Mr. Dahlen is required by the State to be licensed by the City. Although the Council had a letter from Ruth Welch, General Manager of Apache, requesting permission for the CB'ers to camp on the Apache • parking lots, it was not felt there had been sufficient information on the specifics involved presented for the Council to make an informed decision. Motion by Councilman Sundland and seconded by Councilman Stauffer to table action until the February 8th Council meeting on the request for a camp-in by CB'ers at Apache Plaza so that a written list of specifics can be submitted for determination of their compliance with the City ordinance. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to auth- orize the signing of the acknowledgement letter confirming the dis- closure by the George M. Hansen Company of the scope of their audit of the City's operation. Motion carried unanimously. Motion by Mayor MIedtke and seconded by Councilman Sundland to request the Manager to indicate to the Hennepin County Attorney the Council 's willingness to participate in his proposed public forum on the criminal justice system and to provide the space, assuming Mr. Flakne will handle the arragnements for such a forum but suggesting the League of Women Voters as a possible source of aid in setting up such a meeting. • Motion carried. (5) • The request from the pastor of the St. Charles Borromeo Church for a beer license to be issued for the parish Mardi Gras prompted the Manager to again mention the need for setting up regulations of such activities. Motion by Councilman Stauffer and seconded by Councilman Sundland to grant a temporary beer license to St. Charles Borromeo Church for their Mardi Gras on February 20 , 1977 , subject to the usual restric- tions and to waive the fee for such a license. Motion carried. There was a discussion of what type of legislation might be offered for consideration by the Hennepin County Delegation as bills to be proposed for possible State legislative action. Reservations are to be made by Mr. Dulgar for attendance of Council members at the annual congressional/city conference of the National League of Cities in Washington, D.C. from March 6th thru 8th, 1977 . A resident's letter of appreciation for diseased tree removal assist- ance payment was noted. The Treasurer's Investment Report was filed. Receipts for administrative services for the rent assistance and Com- munity Development Grant Programs were noted and filed. Mayor Miedtke reported that Dr. Carr has agreed to serve on the task force to study the chemical dependency problem in St. Anthony and the St. Anthony High School Student Council had recommended that Michelle Wallace represent them on the task force. Terry Hoffman will serve as representative of the Human Relations Committee. . The Mayor will represent the Council on the Declining Enrollment Task Force which has been formed by School District #282. The Manager will contact Twin City Federal regarding an easement for sidewalks in front of their proposed building on Silver Lake Road. He also reported receiving another request for a softball tournament to be played in Central Park in February but said this request did not include a request to sell beer. Mr. Dulgar had been a member of the negotiating team of M.A.M.A. who had reached a two year contract agreement with the International Oper- ating Engineers Union Local No. 49 and said he felt the agreement would prove to be beneficial to both the City and the employees . He then commented on the excellent cooperation shown by the City employees during the work stoppage which preceded the agreement and felt the Council should express the appreciation of the community for this co- operation. • (6) • Motion by Councilman Haik and seconded by Councilman Stauffer to adopt a resolution authorizing the execution of a two year contract with Local 49 of the International Operating Engineers union. RESOLUTION 77-013 A RESOLUTION AUTHORIZING MAYOR AND MANAGER TO EXECUTE CONTRACT FOR 1977 AND 1978 WITH LOCAL NO. 49 OF I.U.O.E. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to adopt the resolution commending the supervisory and administrative staff employees for their fine performance during the work stoppage. RESOLUTION 77-014 A RESOLUTION COMMENDING SUPERVISORY EMPLOYEES FOR PERFORMANCE DURING WORK STOPPAGE BY LOCAL NO. 49 I.U.O.E. Motion carried unanimously. Motion by Councilman Sauer and seconded by Mayor Miedtke to adopt the resolution commending the members of Local 49 for their exemplary conduct during the work stoppage. • RESOLUTION 77-015 A RESOLUTION COMMENDING EMPLOYEES CONDUCT DURING WORK STOPPAGE Motion carried unanimously. The Council then considered the request from Governor Perpich that the City adopt energy conservation measures and Mr. Dulgar reported steps in that direction which had already been taken. The possibility of District #282 going on a four day week during February prompted the suggestion that the City's efforts should be coordinated with the school district' s because of the common maintenance and janitorial services . Motion by Councilman Haik and seconded by Councilman Stauffer to auth- orize the City employees to go to a 10 hour day, four days a week during the month of February with staggered weekends suggested as the most energy efficient but with final arrangements to be coordinated with School District #282 by the Manager. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to grant all licenses listed in the January 25, 1977 Agenda. . Motion carried unanimously. (7) • Motion by Councilman Stauffer and seconded by Councilman Sauer to approve payment of all Verified Claims as listed in the January 25, 1977 Agenda. Motion carried unanimously. Motion by Mayor Miedtke and seconded by Councilman Sundland to adjourn the meeting at 10 :50 P.M. Motion carried unanimously. Mayor ATTEST: City Clerk ( I ArVI) ILA• Cit Manag r (8)