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HomeMy WebLinkAboutCC MINUTES 06281977 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iossss Box: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 06281977 CITY OF ST. ANTHONY COUNCIL MINUTES June 28, 1977 The meeting was called to order by Mayor Miedtke at 7: 30 P.M. Present for roll call : Sauer, Stauffer, Miedtke, Haik and Sundland Also Present: Jerry Dulgar, City Manager Larry Vickrey, City Attorney Jim Fornell, Administrative Assistant Motion by Councilman Sauer and seconded by Councilman Stauffer to approve the minutes for the June 14, 1977 Council meeting. Motion carried unanimously. Richard Rymarchick reported on actions taken during the meeting of the Planning Board held June 21, 1977. -"He said the Board had unanimously recommended approval of a request for a side yard variance which will allow Mr. and Mrs. James Koski to replace their existing tuck-in garage facing the back of their property with an- other on the side of their home which will allow them to drive in from the street. The addition will protrude three feet in front of the Koski home but will be well within the front yard setbacks required by City ordinance. With the addition the property will maintain minimum side yards on both sides but the total side yard setbacks will be two feet less than the required 15 feet. The letter of inquiry from Leo Lorbeski, the Koski 's neighbor to the north was discussed but Mr. Rymarchick said the Board had agreed that the addition would not have an adverse effect on any other property and felt the Koski 's claim of hardship because of the nature of the alley in back was justified. Councilman Stauffer said she had viewed the property and noted the obvious problem with the garage where it now sets. She said the grade of the land in back is so sloped it would be hard to get into a garage that was placed in back. The Attorney verified the ordinance requirement for a 30 foot front yard setback or an average of adjacent residences front yard setbacks. • Mr. Koski was present and said he needed the additional three feet in front so he could place a side door in the front of the garage through which he could enter the front door of his home. Motion by Councilman Stauffer and seconded by Councilman Haik to grant a two foot variance to the total side yard requirements which will enable Mr. and Mrs. James Koski to build the garage they requested in the location they requested to replace the existing garage on their home at 3317 Croft Drive because of the topographical conditions of the parcel of land in- volved. Voting on the motion: Aye: Stauffer, Haik, Sauer and Sundland Nay: Miedtke Motion carried. Mr. Rymarchick then reported on the Public Hearing held by the Board on the Concept Development Plan for the Hedlund P.U.D. saying it was the four to one opinion of the Board members present that the plan as presented by Mr. Hedlund and his consultants was a reasonable one and the most desirable offered in the many years of controversy over the development of the Hedlund property along Silver Lake Road across from Apache. The Council was also provided copies of letters from two absent Board members, Mr. Johnson- and- Mr. Hiebel, which basically agreed with the findings of the majority of the Board. Mr. Hiebel was also present at the Council meeting and joined in the discussion. John Daubney, an attorney representing Mr. Hedlund, said many of the conditions set by the Board in their recommendation for approval of Concept Development Plan would be worked out in detail during the last stages of the P.U.D. process in accordance with the City Zoning Ordinance. He said he felt the minutes of the hearing accurately reflected what had happened during the hearing and commended the Board for the fair treatment his client had received. Regarding one of the conditions, the attorney said Mr. Hedlund could live with the stipulation that the existing structure on the westerly portion of Lot 10 would retain its basic structure but would have its use revised. Its owner did not intend to move that struc- ture to the easterly portion of that lot as had been feared by the Board. Councilman Sundland concurred with the Board that a minimum of 100 foot depth should be kept for the residential portion along Penrod Lane of that particular lot. He expressed his concern about the restrictions of usage in the Plan and said the staging was very important. The Couniclman re- iterated his opposition to any drive-in business or restaurant being allowed in the P.U.D. and wanted to be sure that any Occupancy Permit was not given carte blanche so the City could retain its control of the usage when tenants changed. He said the plan would not be unpalatable to him if the uses were specified but wanted more time to study the plan which had been presented that evening. (2) Councilman Haik cautioned that the City would be held to the plan as it is presented if conditions are not documented. Mr. Vickrey agreed that the Council should document any differences they had with the plan within the 30 days they had following the Public Hearing which had been set by the Zoning Ordinance. Mrs. Chester Nelson, 3916 Macalaster Drive, was present and the Mayor read her comments favoring the retention of the existing "Residential" zoning for the property saying there is a great need for such land use now and the need will only be intensified with time. Mrs. R. E. Pettijohn, 3913 Penrod Lane, as a relatively new resident of the area, said she was present to request she be given 30 days to establish with her neighbors "a list of what is adequate for the neighborhood" . Councilman Stauffer repeated several questions she had regarding specific items in the Board' s minutes for the hearing which Mr. Fornell had attempted to clarify in his memorandum of June 27th. She agreed that land and floor area shall be by type of business and that the conditional uses set up in the City Zoning Ordinance shall be included in the listing of uses per- mitted under the Hedlund plan with the exception of drive-ins and liquor stores or lounges, which will be prohibited. She questioned the conditions set by the Board for "Nuisance Controls" saying she preferred to have the utility mechanics and meters kept to the sides of the proposed commercial buildings so that they could- not be- seen • from Silver Lake Road as well as from the residential area to the east. Under VI (Scheduling Component B) she wanted stipulated that the land- scaping which is required pertains to the first four residences which are required to be constructed first. Mayor Miedtke suggested that rather than requiring the basement floor to be poured the condition be reworded to required the rough framing be com- pleted which would protect the new cement from the elements. Councilman Stauffer also wanted the condition regarding the existing house changed to stipulate that structure "will either be remodeled or removed" . Councilman Haik questioned what "financial capability to complete the project" was to be required and the Mayor said the securing of mortgages for the buildings would probably indicate such capability. He then said he felt the plans as presented provided more protection for the residential area to the east since it called for more homes to be built than any pre- vious proposal and gave the City far more control over usage. He saw no merit in further delay of a decision on the plan. Motion by Councilman Sundland and seconded by Councilman Haik to table action until the July 12th Council meeting on the Concept Development Plan for a P.U.D. for Lots 10-16 , Block 6, Mounds View Acres, Second Addition in order that the Council members and staff may have more time to work on . the conditions under which approval may be given. (3) • Voting on the motion: Aye: Sundland, Haik, Stauffer and Sauer Nay: Miedtke Motion to table carried. Council members agreed to document in writing by July 5th all the con- ditions they wished to have included in the Concept Development Plan and these are to be distributed by Staff to each of them and a copy of each made available to the applicant prior to July 8th. The discussion of the P.U.D. was continued with Councilman Stauffer ex- pressing her opposition to specific designation of architectural style for the commercial buildings she wanted only "consistent architectural style" stipulated. The City Attorney said the City could not have architectural control at its complete discretion and that he felt the courts would rule only reasonable control could be exerted. Councilman Haik said she felt "any strip shopping center was unpalatable and not attractive to the City as a whole and would not be cohesive ad- dition to the community" . The Board representative then continued with the June 21st minutes giving the Board' s recommendations regarding the expansion of the- Berger Transfer • and Storage, Inc. , building along 37th Avenue N.E. William Dircks of Berger said his company would experience a hardship if they were not allowed to expand their building. The Berger manager said the proposed addition would require not only the 4 . 85 foot front yard variance but also the side yard variance which will permit the building to be constructed within 2 . 8 feet of the property line. Mr. Fornell 's memorandum of June 27th provided clarification of the size of the front yard setback variance required. Henry Murloswki of Belaire Buildings indicated on the site plans how the southwestern corner of the building could be built with a jog to prevent visual blockage of the Auto Trac building to the west. Motion by Councilman Stauffer and seconded by Councilman Haik to grant a sidy yard variance to the City Zoning Ordinance to Berger Transfer and Storage, Inc. , which will allow them to expand their existing building on 37th Avenue N.E. , within 2. 8 feet of the westerly property line because the topography of that parcel and other factors constituted conformance with the variance section of the Zoning Ordinance. Motion carried unanimously. Mr. Fornell confirmed that the addition will conform to the floor area requirements of the City Ordinance. (4) • The Mayor felt because of the density of the property it should be stipu- lated that this would be the last addition to be requested by Berger, but the Manager said he didn't see how this could be done as long as any additional space fell within the City Ordinance. Councilman Stauffer said she had not been convinced of the justification for granting the front yard setback variance. Motion by Councilman Sundland and seconded by Councilman Sauer to grant Berger Transfer and Storage, Inc. , a front yard setback variance of 4 . 85 feet to allow the proposed expansion of the existing Berger building on 37th Avenue N.E. , to match the front of that building as long as a 13 x 9 foot jog is provided at the southwest corner of the addition as presented in the revised site plans as the topography of the area and other factors constituted conformance with the variance section of the Zoning Ordinance. Voting on the motion: Aye: Sundland, Sauer, Miedtke and Haik Nay: Stauffer --_Motiorf carried. -Randy Mikkelson, 3917 Foss Road, presented his request that he be allowed to convert the duplex -at 3.821 Foss- Road to a triplex saying- this was -in= - • tended only as a temporary measuer prior to the time the property's existing zoning of "Light Industrial" is changed to "R-4" to allow an apartment building to be erected on that property. He also wanted to retain the use of the existing barn behind the duplex as a garage and storage space until that time. Mr. Dulgar wanted it understood that the barn could not be remodeled for habitation. Motion by Councilman Sauer and seconded by Councilman Sundland to approve a building permit to be issued to Randy Mikkelson which will allow the remodeling of the residence at 3821 Foss Road and the utilization of the existing barn as a garage until such time as a Public Hearing is held to rezone the property. Motion carried unanimously. The council then considered the building plans for a mini storage area to be added by Mr. Bernard Blanske to the St. Anthony Millworks building, 3903 Foss Road. Mr. Fornell said the proposal conformed to all setback re- quirements in the City Zoning Ordinance. Mr. Blanske indicated his plans for 10 to 12 small garages and two office spaces for the addition and expressed his desire that all the adjacent property he owns should retain its "Light Industrial" zoning in spite of the residential development around him. His comments were. directed to be recorded for future reference. • (5) Motion by Councilman Stauffer and seconded by Councilman Haik to give concept approval to the requested expansion of the St. Anthony Millworks including the five foot side yard setback on the south side. Motion carried. Councilman Stauffer said she wanted left open the possibility of a senior citizen retirement apartment being built in the City by First American Care Facilities. Mr. Rymarchick explained the advice the Board had given the Salvation Army representatives when they appeared to seek permission to erect a fieldhouse on the Army's campgrounds on Silver Lake Road. Jim Brown, Manager of the campgrounds and the contractor, Clifford E. Kommendahl, Vice President of Vanman Construction Company, appeared to pre- sent the proposal for the field house which will house a gymnasium, swimming pool and assembly room. Mr. Brown said his organization had a need for the facility in September and did not want to wait for a rezoning procedure. The Salvation Army, he said, would prefer not to rezone "for this necessary facility of a church organization" but would rather leave the zoning of the campgrounds as it is. He said a meeting with the Silver Lake residents had indicated no opposition to the facility being built 100 feet from the lake becuase the view is so completely buffered. Funds for the facility had just recently become available_ for the fieldhouse, - the camp manager -said. - - • The Mayor said he felt strongly that the camp should remain an open space recreational area and wanted to find a way to accomodate the request. Motion by Mayor Miedtke and seconded by Councilman Stauffer that the Salva- tion Army be granted permission to begin construction on the gym facilities provided construction does not start until they have formally requested a change in zoning from "R-1" to "Recreational Open Spaces" which will require a Public Hearing before the Planning Board. Before voting on the motion, the Board representatives, Rymarchick and Hiebel and Councilman Haik objected to this method of proceeding, contending that "the Council will actually be directing the outcome of such a Public Hearing" . Mr. Fornell also called to their attention the section of the City Zoning Ordinance pertaining to an ROS which prohibits a structure being constructed less than 200 feet from the lakeshore. Mr. Vickrey was away from the meeting from 9 : 25 to 9 :30 P.M. and when he returned suggested the applicants might appear before the Board to request the rezoning and a building permit at the same time. He said P.U.D. might be what they wanted but conceded that would require more time. The motion failed unanimously. When Mr. Rymarchick questioned who would be making the application for a • Public Hearing the Mayor and Councilman Stauffer agreed that since the (6) • Council had indicated when it drew up the ROS in the new Zoning Ordinance that it considered the Salvation Army property as ideally belonging under the open space classification and could be considered to have initiated such a zoning at that time, it might be appropriate for them to request the rezoning. Motion by Mayor Miedtke and seconded by Councilman Sauer to direct the Planning Board to hold a Public Hearing at their July 19th meeting to con- sider rezoning the Salvation Army campgrounds from R-1 to Recreational Open Space. Motion carried unanimously. Following the voting, there was a dicusssion of the possibility of part of the campgrounds being used for a senior citizen residence. Mr. Brown wondered why the same procedure which had allowed them to construct other halls on the campgrounds was not followed and the Attorney told him this construction had been permitted under the Conditional Use procedure but that avenue was no longer available under the new zoning regulations . Mr. Dulgar said it was preferable for the City to get the property rezoned now and then rezone again for any use which does not conform. Mr. Brown was also advised that a variance to the ROS might be considered at the Public Hearing to erect the building closer to the lake than permitted under that classification. The Council expressed their regrets at not being • able to expedite the matter any faster but said they were required by law to .proceed in the manner set by City ordinance. Dick Gay and Harry Schroeder presented the site and landscaping plans for the building at approximately 3825 Chandler Drive for which the Board had recommended a building permit be granted. Motion by Councilman Stauffer and seconded by Councilman Sauer to grant a building permit for the Garment Graphics building to be erected as pro- posed on Lot 4, Block 1, Henkel Addition. Motion carried unanimously. The developer and contractor then showed site plans for the Progressive Management Services building they proposed to erect in the St. Anthony Office Park. The originally contemplated replatting of the property is no longer necessary, Mr. Gay told the Council, and there will therefore be additional space available for parking. The rebuilding of County Road C will hopefully improve the traffic congestion near this site, he added. Motion by Councilman Sundland and seconded by Mayor Miedtke to approve a building permit for the Progressive Management Service to be erected on Lots 3 and 4, Block 3, of the St. Anthony Office Park Addition as presented but to disallow the sign indicated on the plans . Motion carried unanimously. (7) No one appeared to speak for the Poppin Fresh Pies, Inc . , request for written assurance they would be allowed to proceed with their planned plans for expanding their restaurant at 3701 Stinson Boulevard within the next two or three years. It was the consensus that no agreement could be made by the present Council which would be binding on their successors without a formal application being acted upon. The Mayor also pointed out the fact that the property which had been replatted to two parcels at the restaurant's request would probably have to be replatted again to accomo- date the proposal. 1�, Councilman Haik was gone from the meeting from 10 :10 to 10: 12 P.M. but re- turned in time to vote on the following motion: Motion by Councilman Stauffer and seconded by Councilman Sundland to direct the Manager to inform Poppin Fresh Pies, Inc. , that they may construct the parking lot they propose adjacent to 3701 Stinson Boulevard but the Council can give no assurance regarding Phase 2 of their plans without formal ap- plication. Motion carried unanimously. Mr. Rymarchick was commended for his fine presentation and the Board cited for the commendable manner in which they kindled the many proposals they had to consider at the last Board meeting. The meet_ing_ was _recessed_10: 15 to 10 : 25 P.M. and reconvened- to resume the regular Council agenda. Motion by Councilman Haik and seconded by Councilman Sundland to give approval to the second reading of the Ordinance 1977-011 with changes in wording suggested by Councilman Sauer. ORDINANCE 1977-011 AN ORDINANCE RELATING TO RESTRICTIONS ON THE USE OF TRUCKS ON CITY STREETS; AMENDING SECTION 730 :00 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Mr. Dulgar explained why the ordinance relating to the repeal of Ordinance Section 435 had to be resubmitted for approval . The Attorney read at Councilman Stauffer' s request the pertinent section in the City Ordinance which gives the City control over the parking of residential vehicles in the City. Motion by Councilman Haik and seconded by Mayor Miedtke to adopt Ordinance 1977-007. ORDINANCE 1977-007 AN ORDINANCE REPEALING SECTION 435 OF THE 1973 CODE OF ORDINANCES RELATING TO TOURIST AND TRAILER CAMPS • Motion carried unanimously. (8) • The Manager told how Minneapolis Police have effectively used their or- dinance which is similar to the proposed ordinance relating to noise in residential areas, etc. Councilman Stauffer however feared the law might give too much power to any person who might complain about any minor disturbance and felt it gave an all encompassing discretion to the arresting officer. Motion by Councilman Sauer and seconded by Councilman Sundland to approve the first reading of 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: Sauer, Sundland and Miedtke Nay: Stauffer and Haik Motion carried. Councilman Stauffer said, though lack of time that evening forbade a thorough consideration of the guidelines presented by the Board for ground signs, she was anxious that the new Sign -Ordinance provisions be adopted • in some form as soon as possible. Motion by Councilman Stauffer and seconded by Councilman Sundland to table action on the new Sign Ordinance guidelines regarding free standing signs until the next Council meeting. Motion carried unanimously. The Manager discussed with the Council the various memos regarding the overtime the Fire Department had incurred in 1977 and the Council felt the situation was unique enough to warrant compliance with his request that funds to cover the overtime be allocated in the manner he recommended. Motion by Councilman Sauer and seconded by Councilman Stauffer to transfer $2, 500 from the Special Fire Department Fund to the Regular Fire Department Budget. Motion carried unanimously. The letter from School District #282 regarding cul-de-sacs on Skycroft Drive was filed. Motion by Councilman Stauffer and seconded by Councilman Sundland to accept with regret the resignation of Jerry Dulgar as City Manager. • Motion carried unanimously. (9) • Mr. Vickrey said the letter from Mrs . Jean Wagner regarding damages done to her home on 29th Avenue N.E. , had been referred to the insurance company and had been filed with other claims for year end audit by his firm. Motion by Councilman Stauffer and seconded by Councilman Sundland to direct the City Manager to look into the matter of parking spaces for handicapped persons in City shopping centers and to do all he can to provide such facilities as had been requested. Motion carried unanimously. Mr. Vickrey left the meeting at 10 :45 P.M. Robert Pulscher's review of Mr. Fornell ' s long term debt report was re- ferred to the Manager for his recommendation. Motion by Councilman Stauffer and seconded by Councilman Sauer to approve payment of $940. 00 for dues to the Association of Metropolitan Municipali- ties and to designate Councilman Stauffer to replace Councilman Sauer as delegate to the AMM with all other Council members to serve as alternates. Motion carried unanimously. The letter from Ramsey County was filed as informational. Councilman Stauffer requested information- on -the procedure being followed • to select a successor to Mr. Dulgar. Councilman Haik felt the Council should be represented on the screening committee along with the Manager and representatives of M.A.M.A. Motion by Councilman Sundland and seconded by Mayor Miedtke to designate Councilman Haik, Mr. Dulgar, two other unspecified city managers as well as Clarence Ranallo, 2504 34th Avenue N.E. to serve on the screening com- mittee to report back with names of qualified candidates as soon as possible. Motion carried unanimously. Mayor Miedtke then explained that the Council had been tardy in making its annual evaluation of Mr. Dulgar' s job and suggested the salary increase due him in January should be granted retroactively. Motion by Mayor Miedtke and seconded by Councilman Sundland to adjust the City Manager's salary to a 6% increase and to pay his salary for seven months of 1977 on this basis. Motion carried unanimously. Mr. Dulgar suggested the new manager's contract should be written on a September to September basis. It was estimated that the assessment hearing on the reconstruction of 29th • Avenue N.E. , will not be held until at least September when all the work (10) (except correction) should be finished. Mr. Dulgar reported that the engineer for the project and City staff were making some headway in reaching an agreement with the contractors on the extras claimed on the project. Motion by Councilman Sundland and seconded by Councilman Haik to grant all licenses listed in the June 28, 1977 Agenda, after correcting the listing for "Centraire, Inc. " . Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of all Verified Claims listed in the June 28, 1977 Agenda. Motion carried unanimously. Mr. Dulgar reported the staff is working with the new City Engineer to establish a form of statement submittal from them which will include specific listing of services they perform. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of $232. 00 to McCombs-Knutson Associates. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sundland to ap- prove payment of $4,048. 41 to Ramsey County for final payment for traffic • signal construction at the intersections of Silver Lake Road with Silver Lane and 39th Avenue N.E. Motion carried unanimously. Motion by Councilman Sundland and seconded by Mayor Midetke to adjourn the meeting at 11:20 P.M. Motion carried unanimously. Mayor ATTEST: � A , City Clerk Cit nag (11)