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HomeMy WebLinkAboutCC MINUTES 06261979 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 105866 Box: 36 Folder: CC MINUTES AND AGENDAS 1979 Document: CC MINUTES 06261979 CITY OF ST. ANTHONY COUNCIL MINUTES June 26 , 1979 The meeting was called to order at 7 : 32 p.m. by Mayor Haik . Present for roll call : Sauer, Haik, Ranallo and Letourneau. Absent: Sundland. Also present: Jim Fornell , City Manager Ron Berg, Administrative Assistant William Soth, City Attorney Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve as submitted the minutes for the regular and special Council meetings held June 12 , 1979 . Motion carried unanimously. Prior to the presentation of the minutes of the Planning Board meeting held June 19 , Dick Klick appeared to personally tender his resignation from the Board because he is moving from the City and wanted his successor to be able to work on the Comprehensive Plan . Mayor Haik told him the Council appreciated the time and quality of the service he had given the City and these sentiments were in a motion by the Council at the conclusion of the meeting. Mr. Bjorklund then reported on actions taken and recommendations made by the Board as reflected in the minutes for the June 19 meeting . He said the Board' s decision making regarding the requested front yard setback variance for a garage and deck addition to the Eie resi- dence at 3416 Belden Drive had been aided by the input of eight neighbors who were present to voice their opposition to the proposal . The Board had agreed with them that no hardship except the cost of a foundation and fill had been demonstrated by the owner if he were not allowed to build ten feet closer to the street than is permitted under the City Zoning Ordinance, especially since many of them have built garages with the same topography for their backyards . Applicants for the variance, Paul and Lois Eid, were not present and of the four neighbors who were present, only James Cobourn, 3429 Coolidge Street N.E. , spoke. He felt wherever it is reasonable to do so, the setbacks for residential properties established for the City should be honored and did not feel there were extenuating cir- cumstances in this instance to justify not building the addition within the required setbacks. He said he "was surprised Mr. Eid had pursued the matter further" after the neighbors he had contacted before the meeting had expressed their opposition to his proposal . When he inquired whether the proposal would be brought up again if the Council denied the variances , Mayor Haik said only if the proposal were changed would it be reconsidered. I -2- Motion by -Councilman Sauer and seconded by Councilman Letourneau to deny the request for a variance to the Zoning Ordinance for a ten foot front yard setback which would allow the garage and deck additions to the residence at 3416 Belden Drive to be constructed as proposed, finding that, as did the Planning Board: 1. The physical surroundings, shape and topographical conditions of the parcel of land involved does permit the garage front to be in line with the house, the only hardship being added foundation expense over that if the lot were level . 2 . The adjoining properties have similar topographical conditions with garages attached to the house. 3. The City Ordinance does not create an unusual hard- ship. 4 . Homes on either side of Belden between 33rd and 34th Avenues are within the prescribed front yard setbacks . Motion carried unanimously. There was also clear opposition on the part of the Board and neighbors to the duplex proposed to be built by Andrew P. Kocisak on the vacant lot at approximately 2500 37th Avenue N.E. , Mr. Bjorklund said, be- cause of the proposal ' s gross inconsistencies with the City Zoning Ordinance. He said Board members were in agreement with the neighbors and staff that the lot is substandard and unsuitable for building, though a majority declined to go into the question of its develop- ment for a single family dwelling before such a proposal is made . The applicant was not present to address his request. Motion by Councilman Ranallo and seconded by Councilman Sauer to follow the recommendations of the Planning Board to deny the variances which would permit the construction of a duplex on Lot 32 , Block 1 , Soo Line Addition, because of the gross inconsistencies in the pro- posal with the requirements set by the City Zoning Ordinance, finding as did the Planning Board that: no hardship can be shown to have resulted from City Action since 1) the applicant was not the owner of record when the lot was platted; and 2) there are no extenuating circumstances applicable to this property, but not applicable to other property in the same vicinity or zoning district. Motion carried unanimously. The Board representative then reported that body had seen the Penne Realty Company proposal to remodel the existing structure on the western portion of the Hedlund property on Silver Lake Road as con- forming to the conditions of the PUD under which it is zoned and had recommended a public hearing be scheduled as soon as the condi- tions for its development are met. Mr. Soth saw no problem with • -3- the City' s litigation with Mr. Hedlund in this proposal which he • believed could proceed as part of the Detaild Plan for this segment of the PUD, assuming Mr. Hedlund joins in the application as owner of the lot in question. No formal application has been made to date, Mr. Fornell said, and he anticipates none until the require- ments under Condition 6B of the Scheduling Component of the Hedlund PUD (four homes completed and four under construction in the resi- dential development along Penrod) are met, at which time a public hearing may be scheduled. Mr. Bjorklund advised the Council that the majority of the Board had indicated No. 7 of the City Hall Alternatives suggested by staff would be their choice , with a strong preference for owner- ship of the Parkview building if the Fire Department is moved there . He then reported another advisory recommendation which reflected the Board's concern with the possible over use of the Walbom pro- perty on Highway 8 . "If the usage of that property is not in con- formance with its R-1 (single family dwelling) zoning, that use cannot be expanded beyond that which existed when the City ordinance was adopted " , the City Attorney advised. The property was continued as a non-conforming usage under the existing ordinance and Mr. Fornell hoped the City might have some leverage for forcing conformance with zoning restrictions since it has a road easement across the adjoining lot if sale is contemplated since it is also under the same ownership. • Mr. Bjorklund concluded his presentation by predicting a difference between the population projections made for District #282 and those used by BRW, Inc. for the City' s Comprehensive Plan . Mr. Bjorklund also took the "personal privilege" of suggesting priority be given to finding a woman or other minority to replace Mr. Klick on the Board. The Board was again commended for its provision of concise direction to the Council regarding its ' recommendations . Resolution 79-042 and the June 22 , 1979 communication with the City from the consulting engineers regarding the storm sewer diversion into Roseville were accepted as Agenda Addendum. Mayor Haik presented a certificate of honorary citizenship to Oyvind Lunde of Oslo, Norway. Oyvind told of his home in Norway and plans for further education in that country and thanked his American parents, Mr. and Mrs . Lowell Thompson, and AFS representatives, Mr. and Mrs . Lloyd Ostebee who were present, for the opportunity they had given him to live and go to school in America. The meeting was recessed at 8 : 10 p.m. and reconvened at 8 : 20 p.m. for the second reading of Ordinance 1979-006 . It was agreed the ordinance should be amended to allow residents to make use of City parks before 7 a.m. , the time designated for their opening. • -4- Motion by Councilman Ranallo and seconded by Councilman Sauer to change Subdivision 12 of Ordinance 1979-006 to allow persons to • be in the City parks between the hours of 5 a.m. and 10 p.m. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve the second reading of Ordinance 1979-006 as amended. ORDINANCE 1979-006 AN ORDINANCE RELATING TO PARKS, RESTRICTING FUEL USED IN PERMITTED FIRES , AND PERMITTING THE USE OF LIGHTED TENNIS COURTS DURING THE HOURS THE PARKS ARE OTHERWISE CLOSED. Motion carried unanimously. Addendum Roger Short and Mike Kraemer, of Short-Elliott-Hendrickson, Inc. , discussed their firm' s June 22 report of how Task Numbers 1 and 2 of the feasibility study they had been directed to complete towards the diversion of sanitary sewer flows from the northeast segment of St. Anthony into the Metropolitan Waste Control Commission inter- ceptor sewer in Roseville had been performed. Mr. Short said metering to determine the existing flows experienced • in the St. Anthony system above the Highcrest and Downers Drive intersection had indicated a need for diversion of 350 gallons per minute , which will exceed Roseville 's estimated usuable available capacity of 300 gallons per minute, but he felt even that amount couldn' t help but be a benefit to the City since the City system into Minneapolis is just about up to capacity. He and Mr. Kraemer felt the metering proved footing drains were responsible for a large amount of the flow, but advised further investigatic,n be made of the particular peculiarities reported by the Public Works Director when he televised the lines in the southern half of the City as well . They advocated sending the suggested letter attached to the memo- randum to the MWCC administrator to request permission to construct the diversion to the interceptor at Lydia Avenue and suggested staff efforts be expedited to obtain documented approval to support the request from Roseville so the line can be coordinated with the rebuilding of Highcrest Road. Councilman Ranallo wondered "how firm" the cost estimates from the Short firm could be considered to be and Mr. Short replied that, "following a desk top investigation and considering the variables for cost of diesel fuel , concrete, and reddymix, and the fact that this is not the best year for construction" , he felt the figures he had arrived at were "adequate and accurate" . • -5- Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve the proposal for the diversion of the City' s sanitary isewer flow into MWCC lines through Roseville, as made by Short- Elliott-Hendrickson, Inc. , and to direct the City Manager to send the request to the MWCC and to seek official approval of the improve- ment of Roseville as a supporting document. Motion carried unanimously. Councilman Sauer said he was concerned that City employees "not make money out of the use of their own vehicles" , but when Councilman Ranallo told him the private sector considers 174� or 18fi per mile to be reasonable reimbursement, made the following: Motion by Councilman Sauer and seconded by Mayor Haik to adopt the resolution which increases the rate of reimbursement for use of employees ' vehicles to 17� per mile considering such reimbursement to be reasonable ones . RESOLUTION 79-039 A RESOLUTION INCREASING THE RATE OF REIMBURSEMENT FOR THE USE OF AN EMPLOYEE'S VEHICLE FOR OFFI- CIAL CITY BUSINESS Motion carried unanimously. • An alternative to Resolution 79-040 which would allow the City ' s levy limit base per capita to be increased to 85% of the County average was offered by the Manager in Resolution 79-040A, which would provide for submission of a proposed 1980 budget which will result in not more than a suggested 8% increase in the total pro- perty tax levy for taxes payable in 1980 . Councilmen Ranallo and Letourneau opposed taking the levy base increase which had been provided by the 1979 Legislature because there are no provisions for resident reaction through referendum to the $44 , 381 raise even though that amount might not"be utilized, especially since City services had not been cut after the previous levy limit base in- crease had been voted down and there was no guarantee a future Council deciding on whether to take the levy base increase would be as "conservative as this one . " Mayor Haik said conversations she has had with residents since the referendum had led her to believe there was much misunderstanding of the 10% raise which many believed would raise their total tax bill that much rather than applied only to the taxes the City takes . She and the Manager agreed the City might not face a crisis in 1980 but future programs such as the diversion of the sanitary sewer flow into Roseville, street overlays, sewer repairs , loss of revenues , and inflation in expenditures caused them to believe it is the re- sponsibility of the City to plan now' to avert fiscal problems in the future. They also denied that immediate curtailment of City • services had been claimed and Mr. Fornell reiterated in response to a question from Councilman Ranallo that the changes in the property tax system would not provide a tax bonus for the City. The Manager saw the request for the raise as only giving the City flexibility in 1981 and 1982 of coping with anticipated expenditure increases -6- as well as an opportunity for lessening the City' s dependence on • the federal and state governments. Motion by Councilman Sauer and seconded by Mayor Haik to adopt Resolution 79-040 . RESOLUTION 79-040 A RESOLUTION REQUESTING THAT THE DEPARTMENT OF REVENUE INCREASE THE CITY OF ST. ANTHONY 'S LEVY LIMIT BASE PER CAPITA TO 85 PER CENT OF THE HENNEPIN COUNTY AVERAGE Before voting on the motion, Councilman Sauer moved to amend the motion to adopt the revised version of the resolution, but his motion died for lack of a second. Voting on the original Resolution 79-040 : Aye : Sauer and Haik Nay : Ranallo and Letourneau Motion not carried. Action was deferred on the resolution which accepted the proposal from Arcon to construct a waterline under Highway 8 and appropriated funds for that construction since the City Attorney had advised any project over $10, 000 had to be bid. He later agreed to check fur- ther on the possibility the project might be ordered through a change order for the County Road C project, though he was fairly certain that could not be done. RESOLUTION 79-041 A RESOLUTION APPROPRIATING FUNDS FOR WATER LINE The question had been raised whether publishing a notice of the public hearing on the industrial development revenue bonds for the Special Parts, Inc. project only in the St. Anthony Bulletin had fulfilled the state requirements for publication "in a paper of general cir- culation" , and upon advice from the Dorsey firm it was agreed the notice should be carried in the Star and Tribune as well. Motion by Councilman Letourneau and seconded by Councilman Ranallo to adopt the resolution which rescinds Resolution 79-037 and changes the public hearing date to July 24 , during the regular Council meeting. RESOLUTION 79-042 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE AUTHORIZATION OF CITY OF ST. ANTHONY INDUSTRIAL DEVELOPMENT REVENUE BONDS , AND RESCINDING RESOLU- TION 79-037. Motion carried unanimously. -7- Action on City Hall Alternatives had been tabled May 22 for the reaction of the Planning Board, who at their last meeting had indicated a majority preference for moving the Fire Department to Parkview for which a long term lease or, preferably, ownership should be sought. , Councilman Sauer suggested the facilities study being made by the Community Services Director might prove helpful for making any decision. Mr. Fornell said it would be impossible for the existing staff to put specific costs on each alternative and that an architect could quantify construction costs . Mayor Haik expressed her concern with the school district' s future plans for the senior citizens ' center and other services in the Parkview building, wondering specifically "what magnitude might be given us by another school district coming in?" A work session was tentatively set with the Planning Board and a representative from the District #282 Board for Monday, July 23 , subject to Mr. McMullen' s facilities report being available for consideration that date. The possibility that there should also be representation of District #282 on the Cable TV Advisory Committee led to agreement that the matter of further appointments to the committee should be laid over to the July 10 Council meeting. No nominations were made to the Hennepin County Criminal Justice Coordinating Council. • Motion 'y Mayor Haik and seconded by Councilman Sauer to approve payment of $150 for 1980 Hennepin Emergency Communications Organi- zation dues. Motion carried unanimously. In his memorandum of June 18 , the Manager had addressed the current status of the City ' s Civil Defense Reserve and presented the six steps he saw as necessary to - provide more specific direction to the group with which recommendations the Fire Chief had concurred in his July 26 memorandum to the Council . Further suggestions for the Reserves ' involvement included their serving a secondary capacity in such activities as Bike Safety Days, the Red Cross Donor program, possible inclusion in the police reserve programs as could be worked out with the Community Services Officer, and possibly undertaking the responsibility for delivering future City communications with the residents . Motion by Mayor Haik and seconded by Councilman Sauer to request a letter of appreciation for delivering the public service announce- ments to the residents be sent to the Civil Defense Reserve. Motion carried unanimously. -8- Motion by Mayor Haik and seconded by Councilman Ranallo to adopt . the resolution which supports the Manager' s six suggestions for continuing the Civil Defense program to include other public safety projects such as the Crime Prevention Program, as deemed feasible by the Manager and Fire Chief. RESOLUTION 79-044 A RESOLUTION CONTINUING AND PROVIDING DIRECTION TO THE CIVIL DEFENSE PROGRAM. Motion carried unanimously. Prior to the consideration of the license requests listed in the Agenda, Mr. Fornell advised the application for "E" for the Village Parlour of Ice Cream had been withdrawn. Motion by Councilman Ranallo and seconded by Mayor Haik to grant licenses "A" through "D" as listed in the June 26 , 1979 Agenda. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman Sauer to approve payment of all Verified Claims listed in the June 26 , 1979 Agenda. Motion carried unanimously. • Motion by Councilman Sauer and seconded by P4a or Haik to payment of $1 ,055. 05 to the Soil Exploration Company for theiorvser- vices on the St. Anthony Boulevard Bridge Project. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Ranallo to approve payment of $1, 157. 00- to the Association of Metropolitan Municipalities for 1979-80 membership dues . Motion carried unanimously. It was suggested that a letter informing them of the opening on the Planning Board should be sent to the persons who have previously indicated an interest in serving on that body. The cut-off date for applications was set for July 18, with the interviews of appli- cants to be held by the Council at 6 : 30 p.m. prior to their regular Council meeting July 24 . The two members of the press who were present agreed to publicize these dates and specific times. Motion by Councilman Letourneau and seconded by Mayor Haik to accept the resignation of Richard Klick from the Planning Board and to re- quest the staff to present him with a letter of appreciation for his service to the City. • Motion carried unanimously. . -9- Recent activities of the Community Services Advisory Board were reported by Councilman Sauer; and the Manager apprised the Council regarding contract negotiations with the Fire Department membership as presented in his memorandum to them on the subject. In reply to Councilman Ranallo' s questioning whether fire department employ- ment might be reduced by one person, thereby providing the additional funding of salaries , he said he saw a reduction of one employee as organizationally difficult to achieve, rather than a greater reduc- tion in staffing and deployment may be more workable. The only portion of the League of Minnesota Cities seminar, which Councilman Ranallo attended, which he saw as pertinent to the City operation was the discussion of the legislative changes advocated by a proposed new municipal liquor managers ' association in which the City liquor manager is involved, according to Mr. Fornell . Motion by Councilman Sauer and seconded by Councilman Ranallo to adjourn the meeting at 10 :10 p.m. Motion carried unanimously. Mayor • ATTEST: City Clerk