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HomeMy WebLinkAboutCC MINUTES 04261977 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIIIIIII iossso Box: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 04261977 • CITY OF ST. ANTHONY COUNCIL MINUTES April 26 , 1977 The meeting was called to order by Mayor Miedtke at 7 :35 P.M. Present for roll call: Sundland, Miedtke and Stauffer Absent: Sauer and Haik Also present: Jerry Dulgar, City Manager Larry Vickrey, City Attorney Jim Fornell, Administrative Assistant The following corrections were made to the minutes for the April 12 , 1977 Council meeting: Page 1, Date: Should be April 12 rather than "April 26" Page 2, 6th line: Should read "yards which are 'now' maintained. . . " Motion by Councilman Stauffer and seconded by Councilman Sundland to approve the minutes of the Council's April 12, 1977 meeting as corrected. Motion carried unanimously. Jerry Cowan presented the recommendations made to the Council and other actions taken by the Planning Board during their April 19 , 1977 meeting. 'Mr. Cowan indicated there had been unanimous agreement to recommend ap- proval of the variances sought by Roger Tousley which w cold allow him to add 30 feet to the front of his existing car wash at 3725 Stinson Boulevard and to expand the building to the lot line in the rear. He said the Board felt this property should be considered on its own merits but had also been influenced by the 5 foot front setback of the Poppin Fresh building at 3801 Stinson. Reasons he gave for approving the variances including the possibility that the traffic congestion now generated on Stinson every Saturday morning might be eliminated and the owner might experience an economic hardship if he were not allowed to add the improvements he needed. The Board did not foresee a problem with the building being built to the lot line because there is little proba- bility of the former Arlan's building to the east being expanded towards the car wash property. Councilman Sauer arrived at 7 :40 P.M. • Mr. Tousley said the owners of the above mentioned building were not interested in selling him the additional land he requires for expansion of his operation. Without these improvements Mr. Tousley feared he would not be able to stay in business . Mayor Miedtke said it is his intention to continue opposing variances for set backs to the recently adopted zoning ordinance and said he felt the applicant' s reasons for requesting the variances were not unique enough to justify the amount of encroachment beyond the allowed set backs which the request involved. Councilman Stauffer although she seconded the motion to approve the variances later said she had trouble with allowing the building to be expanded to the lot line and agreed with Mayor Miedtke that the Council was going to find it difficult to deny similar requests if they persisted in granting variances . Councilman Haik arrived at 7 : 45 P.M. Councilman Sundland said the problems Mr. Tousley was having with OSHA regarding his present operation was one of the reasons he would move approval of the request. Motion by Councilman Sundland and seconded by Councilman Stauffer to grant the variances which will allow Roger Tousley to make the additions he proposes to his car wash at 3725 Stinson Boulevard for the reasons • outlined by the Planning Board during the Public Hearing April 19 , 1977 when they recommended approval of the request. Voting on the motion: Aye: Sundland, Sauer and Haik Nay: Miedtke and Stauffer Motion carried. William R. Dircks of Berger Transfer and Storage, Inc. , 3720 Macalaster Drive, discussed his request for a warehouse addition to his company's building on 37th Avenue N.E. , which will be constructed with 2 .78 feet of the lot line to the east. His application for a further expansion of the warehouse addition than he had previously been granted had gained Board approval in a 5 to 1 vote taken during the Public Hearing on the expansion April 19, 1977. Concern about the proposal was expressed by L.S. Frank, 2845 Joppa Avenue South, a Vice President of Galaxy Enterprises Company, whose Autotraac Diagnostic Center is built on the common lot line with Berger. He was afraid that if the new addition should extend farther to the front than his building it might cause problems for cars being backed out of his garage since the overhead doors are so close to the lot line. Henry Murlowski, builder of the proposed addition, indicated on the plan that such would not be the case. • Some Council members shared the concerns of the Board regarding the Fire Marshal's opinion that the proximity of the two buildings would present (2) • little problem in fire fighting. Mr. Dulgar answered another point which had been raised by the Board regarding the application of this opinion to residential building saying the difference is in the type of materials used in construction with almost all residential construction of wood where commercial and industrial buildings are of fireproof con- struction. Mr. Cowan also pointed out the fact that the large overhead doors in front and back of Autotraac make exits to the west of the build- ing unnecessary and added that the Berger addition would be sprinkled. The question of why the overhead doors were built so close to the lot line prompted a reply from Councilman Sauer who is a former lessee of that building. He said this had been accomplished through a verbal agreement with Berger. He later abstained from voting on the matter be- cause of this association. Mayor Miedtke reiterated his objections to changing the zoning ordinance requirements through variances and said he had not been convinced that not obtaining a variance would cause a serious hardship to the applicant. Councilman Stauffer questioned allowing buildings to be built so close to each other wondering whether heat from a fire in one could not damage the other and again expressed her opposition to granting concessions to the ordinance. Councilman Haik said she questioned how the required 15 feet of set back could be maintained. Mr. Cowan said he felt the changes in the set back requirements for existing buildings could possibly cause economic prob- lems for their owners who will now be unable to expand their operations as they might have originally anticipated. Motion by Councilman Sundland and seconded by Councilman Haik to allow the requested addition to the Berger Transfer and Storage building on 37th Avenue N.E. , which will extend the building to within 2.78 feet of the west lot line. Voting on the motion: Aye: Sundland and Haik Nay: Miedtke and Stauffer Abstention: Sauer Motion not carried. i The Planning Board representative then advised the Council that a Public Hearing on a PUD for the Hedlund property will be conducted by the Board at its next meeting May 17 , 1977 . The Attorney reminded the Council that the application fee for a Public Hearing on a PUD is non refundable under the City Ordinance. William C. Ferril of Pizza Huts of the Northwest, Inc. , 4620 W. 77th St. , • discussed the reasons laid down in his background memorandum of April 21, 1977 for the allowance of a 5 x 6 foot free standing sign with 3 foot base will stand 9 feet above grade in front of the Pizza Hut at 3801 (3) • Stinson Boulevard. Joining him in defense of the proposal was Charles Peugh of Signcrafters , Inc. , who felt the sign would be in conformance with other signage along Stinson. Mr. Dulgar took exception to this premise saying if this principle were applied, an argument could be made that the sign should be 25 feet high because the Standard Oil station further south has a sign that high. Councilman Sauer pointed out the decrease in visibility for the restau- rant which will be a result of the approved addition to the front of the car wash. Motion by Councilman Sauer and seconded by Councilman Sundland to grant the variance to the Sign Ordinance which will allow the proposed free standing sign for Pizza Hut at 3801 Stinson Boulevard N.E. to be 9 feet high from top to existing grade level as long as the existing signage on the front of the building is removed. Voting on the motion: Aye: Sauer, Sundland and Miedtke Nay: Stauffer and Haik Motion carried. The Planning Board was then strongly encouraged to finish its work on • guidelines for free standing signs so there may be specific regulations established before similar requests for such signs come in. There was a discussion of whether it might be a practice of courtesy, since it is not legally required to do so, for the residents of other municipalities who live within 250 feet of property on which a Public Hearing is held to be notified of such action. The Mayor said he felt the proper procedure might be to inform the neighboring municipality of such an event and letting them handle the notification of their residents . Motion by Councilman Sauer and seconded by Councilman Stauffer to waive further readings and adopt the ordinance which will accomplish the re- zoning the Council approved on Foss Road. ORDINANCE 1977-004 AN ORDINANCE RELATING TO THE PARKING OF VEHICLES : AMENDING SECTION 720 :05 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. The City Attorney read the ordinance which will reflect the change in expiration date for the cigarette licenses the Council had approved earlier. • Motion by Councilman Sundland and seconded by Councilman Stauffer to waive further readings and adopt Ordinance 1977-005. (4) • ORDINANCE 1977-005 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. Motion by Councilman Sundland and seconded by Councilman Stauffer to adopt the resolution which allows the City Treasurer to transfer the CETA monies to their proper accounts. RESOLUTION 77-024 A RESOLUTION TRANSFERRING CETA MONIES RECEIVED TO PAYROLL, PENSIONS AND INSURANCE ACCOUNTS Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sauer to adopt the resolution which will allow the transfer of receipts from pop machines to the Parks Department account. RESOLUTION 77-025 A RESOLUTION MODIFYING THE 1977 BUDGET Motion carried unanimously. Mr. Dulgar said he would be preparing a slide presentation to illustrate the improvements he will recommend for the City property around the perimeter of Mirror Lake. No further Council action was taken regarding the April 14th letter from the City Manager of New Brighton which ac- companied a copy of the New Brighton resolution opposing the walkway around the holding pond. The League of Minnesota Cities ' request that municipalities indicate their disapproval of H.F. 805 amending the Public Employment Labor Re- lations Act was filed after Mr. Dulgar said he had already made such a response to the City' s legislators . North Memorial Medical Center's report on patients it serves in the community was filed. Leonard Bisanti, Convention Chairman of American Legion Post 513 , and several other Legion members were present and Mr. Bisanti discussed his April 13th request that some overnight camping be allowed on the lot adjacent to the Legion building during the convention which is to be held in St. Anthony June 18th and 19th. He said arrangements had been made for a security guard and for the disposal of any refuse generated by the campers. Neighbors to the west had agreed to the campers being parked on the vacant lot that weekend, he said. The Attorney and Manager read and discussed the provisions in the City • Ordinances and which they felt were applicable and which seemed to re- quire a Public Hearing be held on the request. There was also a dis- cussion of how this request was similar to that made by C B Inc. , for (5) • a larger camp-in on the Apache parking lot the same week. Motion by Councilman Haik and seconded by Councilman Sundland to request the City Manager to develop specific criteria for granting a conditional use permit and setting up guidelines for allowing overnight camping in self contained vehicles within the City limits . Motion carried unanimously. Motion by Councilman Sundland and seconded Councilman Sauer to direct the Planning Board to hold a Public Hearing during their May 17 , 1977 meeting on the request from Legion Post 513 that overnight camping be allowed on the property adjacent to their building at 2701 Kenzie Terrace during the convention June 18th and 19th, 1977 . Motion carried unanimously. The meeting was recessed from 8 :50 to 9 :00 P.M. Motion by Councilman Haik and seconded by Councilman Stauffer to change the Council' s regularly scheduled meeting May 24 , 1977 to May 31, 1977 because of the testimonial for retiring Police Chief Ed Brown which is set for the evening of the 24th. Motion carried unanimously. Mr. Dulgar reported that only two of the City's legislators , Novak and Sarna, had responded to the Council 's invitation to attend the meeting that evening to discuss the legislative concerns of the Council . He suggested that the rush of the legislative session had probably prevented the attendance of any of the four who had been invited and agreed that phone calls or short letters might be a better way of communicating the City' s concerns at this late date. He told Councilman Stauffer of the contacts he has had with the legisla- tors regarding the Omnibus Tax bill in which he had indicated to them the point she wanted made that it will be disastrous for the City if any further levy limitations are imposed against the City. Motion by Councilman Sundland and seconded by Councilman Sauer to request the Manager to indicate to the City' s legislators the Council' s support of legislation which allows the City the option of joining the State in an investment pool. Motion carried unanimously. The Fire Department Report for March was filed. Councilman Stauffer reported on further complaints she has received re- garding the nuisance to the neighbors from juveniles who congregate on the school' s access road near Skycroft in spite of parking restrictions. • She also mentioned reports of alcoholic beverages being sold from cars in-=this area and on school property. (6) • Mr. Dulgar said the Police Department had made several arrests the pre- vious weekend for such violations of the liquor laws. The Mayor said the police have become so active in this regard that some of the youths of the community are calling it harassment. Councilman Stauffer said her task force on chemical dependency felt the problems of chemical abuse by the youth were not only youth centered but usually involved problems in family relationships. The Council than considered methods of reminding the public of the lia- bility under the Dram Shop law which parents can incur if liquor is served in their homes whether they are present or not. This was one of the types of subjects which the Council felt could be dealt with in the informal newsletters recommended by Mr. Fornell. A spring-summer newsletter will be published and hand delivered by St. Anthony Girl Scouts late in May or early in June. The Manager gave progress reports on his contract negotiations with City employees in the Liquor and Fire Departments . Motion by Councilman Sauer and seconded by Councilman Haik to grant all licenses listed in the April 26, 1977 Agenda. Motion carried unanimously. • Motion by Councilman Stauffer and seconded by Councilman Sundland to approve payment of all Verified Claims listed in the April 26, 1977 Agenda. Motion carried unanimously. No response from the Dunkley Company regarding further change orders on the 29th Avenue N.E. rebuilding project has been received according to the Manager. Motion by Councilman Sauer and seconded by Councilman Sundland to approve payment of $2,902. 35 to the Dorsey Firm for services rendered during March, 1977 . Motion carried unanimously. Mr. Vickrey requested that the meeting be closed so he could discuss a lawsuit against the City with the Council and the Mayor closed the meeting at 9 :45 P.M. Motion by Councilman Sundland and seconded by Councilman Stauffer to adjourn the meeting at 10 :00 P.M. 'J Mayor ATTEST: 24 City Cler City anag r (7)