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HomeMy WebLinkAboutCC MINUTES 07131976CITY OF ST. ANTHONY COUNCIL MINUTES July 13, 1976 The meeting was called to order by Mayor Miedtke at 7:32 P.M. Present for roll call: Sundland, Miedtke, Sauer and Stauffer Absent: Haik Also present: Jerry Dulgar, City Manager Jim Fornell, Adm. Asst. Wm. Soth, City Attorney I.C. Comstock, City Engineer Motion by Councilman Sauer, seconded by Councilman Stauffer to approve the minutes of the Special Council meeting held on June 17, 1976. Motion carried unanimously. The following corrections were made to the minutes of the Council meeting held June 22, 1976: Page 3, para. 1: 30,000 to 40,000 gallons of gasoline were estimated to be used each "month" rather than "week". Page 4, para. 7: Substitute "Mr. Vickrey agreed that this was so" for "Mr. Vickrey disagreed that this was necessarily so". Motion by Councilman Sauer, seconded by Councilman Stauffer to approve the minutes of the June 22,1976 meeting. Motion carried unanimously. Councilman Haik arrived at 7:40 P.M. Motion by Councilman Haik, seconded by Councilman Sundland to adopt Resolution #76-025. RESOLUTION 76-025 A RESOLUTION CALLING FOR AN ASSESSMENT HEARING ON SIDEWALK IMPROVEMENT PROJECT 1975-001 Motion carried unanimously. The Manager reported that the new fire truck had been delivered and would soon be in service. He said it was likely that one of the new trucks will be kept in the Maintenance Department garage this winter. Motion by Councilman Sundland, seconded by Councilman Sauer to adopt Resolution 76-026. RESOLUTION 76-026 A RESOLUTION PROVIDING FOR THE TRANSFER OF REVENUE SHARING MONIES Motion carried unanimously. Page 2 Motion by Councilman Sauer, seconded by Councilman Sundland to adopt Resolution #76-027. RESOLUTION 76-027 A RESOLUTION TRANFERRING CETA MONIES RECEIVED TO PAYROLL, PENSION AND INSURANCE ACCOUNTS Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to adopt Resolution #76028. RESOLUTION 76-028 A RESOLUTION MODIFYING THE 1976 BUDGET Motion carried unanimously. The Manager then discussed the increase in the incidents of Dutch Elm and Oak Wilt disease in the City and recommend that the Council authorize a local subsidy program and apply for the State Residential Property Tree Subsidy. He said some hardship cases might require the City to hire a private contractor to remove the diseased trees and then defer payment of the assessments to the property for the costs which exceed the subsidy amounts. Motion by Councilman Stauffer, seconded by Councilman Sauer to adopt Resolution #76-029. RESOLUTION 76-029 A RESOLUTION AUTHORIZING TREE REMOVAL, SUBSIDY PROGRAM AND APPROPRIATING FUNDS FROM THE COUNCIL'S CONTINGENCY TO FINANCE THE PROGRAM. Motion carried unanimously. The second reading of Zoning Ordinance 1976-06 was postponed to the end of the evening. Motion by Councilman Haik, seconded by Councilman Sundland to direct the City Attorney to prepare an ordinance regulating the construction, maintenance and repair of commercial parking lots similar to the City of Falcon Heights Ordinance #139. Motion carried unanimously. Motion by Councilman Sundland, seconded by Councilman Sauer to adopt Resolution #76-032. RESOLUTION 76-032 A RESOLUTION RELATING TO PARKING RESTRICTIONS ON 29th AVENUE N.E. FROM STINSON BOULEVARD TO U.S. HWY 8, ST. ANTHONY, MINNESOTA. Motion carried unanimously. Page 3 Motion by Councilman Stauffer, seconded by Mayor Miedtke to adopt Resolution #76-030. RESOLUTION 76-030 A RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO SUPPORT RESIDENTIAL PROPERTY OWNER SUBSIDIES UNDER THE PROVISION OF THE MINNESOTA STATUTES SECTIONS 18.023. Motion carried unanimously. Motion by Councilman Sundland, seconded by Mayor Miedtke to adopt Resolution #76-031. RESOLUTION 76-031 A RESOLUTION AUTHORIZING ENGINEER TO MAKE FEASIBILITY STUDY AND COST REPORT Motion carried unanimously. Mr. Dulgar said he had just recently learned from Wayne Leonard of the Ramsey County Highway Department that the City actually owns the easement in front of the former Cottle residence at the corner of Silver Lake Road and Silver Lane and the City may therefore complete the walkway along Silver Lake Road adjacent to the two lots just north of Silver Lane with no legal problems. Motion by Councilman Haik, seconded by Councilman Stauffer to install that section of walkway which will complete the walkway along the west side of Silver Lake Road with the Maintenance Department doing the work. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Stauffer to authorize the repair of the tennis courts and hockey rink in Central Park with the costs coordinated with School District #282. Motion carried unanimously. Motion by Councilman Sundland, seconded by Councilman Haik to approve the fire service sick leave provision for the Maintenance Department employees. Motion carried unanimously. The Council then resumed consideration of the Schroeder Milk Company request to build a Speedy Market with service gas pumps at the S.E. corner of 33rd Avenue N.E. and Stinson Boulevard. Action had been tabled at the previous Council meeting to enable the Council members to inspect other similar combination projects. The Mayor reported that the Council had seen nothing at any of these locations throughout the metropolitan area which they could consider a threat to the health, safety or welfare of the nearby residents. Page 4 Appearing first to speak on the subject was Minneapolis Alderman Sam Sivanich who prefaced his remarks with an expression of gratitude from the City of Minneapolis to the City of St. Anthony for the assistance which the City had given Minneapolis during that city's water crisis. He said a resolution to this effect had been recently adopted by the Minneapolis City Council. He then proceeded to enumerate the reasons he felt the self service pumps should not be combined with the grocery business since, in his opinion, such methods of dispensing gas might prove injurious to the property values of the neighborhood and the community at large especially if such an operation should prove an economic failure and the gas pumps should be abandoned. He said the fire code had been made very restrictive as it applied to self service stations becuase it was believed they might be hazardous to their clients. He said the operation would probably increase the vehicular traffic in the area and thereby result in more noise, pollution and danger to the residents. He felt the proliferation of gas pumps at that particular corner would harm the aesthetics of the neighborhood and reminded those present that a self service gas dispensing operation demands the exclusive attention of one clerk. Alderman Sivanich then told the Council that the Minneapolis City Council had just the previous Friday adopted an ordinance regulating such combination operations. He told of the litigation between the city and 7-11 stores which had resulted from self service gas tanks being installed without a permit at the 7-11 store on the corner of Broadway and Adams St. N.E. because such an operation had not been included in the Urban Development Plan for St. Anthony East. When questioned by the Mayor about the two operations on the Minneapolis side of Stinson just across the street from the site in question which constituted, in the Mayor's opinion, a blight of that intersection, the alderman said the transmission company had been threatened with revocation of its license if they did not come up with suitable proposal for up- grading their operation and there had been a constant problem with the Little Europe repair station. He also answered the Manager's queries by reporting that the diseased elm trees in the same area had been tagged for removal. Roger Sax, attorney for the Schroeder Milk Company, questioned the validity of the petition against the gas dispensing operation saying his contacts with some of those who had signed indicated that many people did not know what they were against. He also mentioned the inconsistency of those who objected to the aesthetics of the new market but ignored the unsightly appearance of the Sroga Standard Station just a short distance away whose owner was one of the most vociferous opponents of the proposal. Mr. Sroga denied he was a leader of the opposition and said his business, though it might be unsightly, provided a necessary service for the neighborhood. Jim Glockzin who will operate the combination business said he felt the disadvantages of the gas pumps had been exaggerated and felt the positioning of the new market to the rear of the property would give the motorists a better view of the intersection and therefore would be a safety factor. He said the gas operation was the only enterprise which could be economically combined with the selling of groceries to increase his business. Page 5 Mr. John Bednorz reiterated his request that the Council take into consideration the effect of the gas dispensing operation on the residential nature of the area. Councilman Haik confirmed that there had been no environmental impact study per se which had been taken. The rest of the Council agreed that they could see no legal justification for denying the gas dispensing operation since it is a permitted use under both the existing and new zoning ordinance. They pointed out similar combination operations in the City, specifically the Clark station across 33rd Avenue where bread and milk are sold along with the gas and said several stations also are now operating self service gas pumps. Councilman Sundland speculated whether the applicants could not have installed the pumps without participating in the many hearings before the Planning Board and the Council. It was noted that if the gas dispensing operation should ever fail to comply with the fire code, licensing could then be withheld. The Council also felt the sidewalks which had been a part of the original proposal should be restored to provide pedestrian safety. Mr. Claypool assured those present that if ever the venture should fail, his $5,000.00 investment in the gas pumps would assure their immediate removal and said state law required that gas tanks either had to be removed or filled in if not in operation. Mr. Dulgar then suggested a durable construction for the fencing which will shield the operation from its neighbor to the south. Motion by Councilman Stauffer, seconded by Councilman Haik to grant a building permit to the Schroeder Milk Company for the construction of a new Speedy Market with two self service gas pumps on Lot 16,17, Block 3, Clark & Kings Hennepin Gardens, as per the plans presented by the applicant, subject to the installation of a 5 foot wide sidewalk on all street sides of the project with depressed curbs to accomodate bicycles and vehicles for the handicapped and under the conditions that the plans meet all state and city building, fire and life safety codes. Motion carried unanimously. The meeting was recessed from 9:00 to 9:10 P.M. Mr. Dennis Engle appeared to present a request from the Mirror Lake Condominium Owner's Association that the City take action to require the removal of the fence erected by the property owner at 517 -15th Avenue S.W. in New Brighton which cuts off access to the city -owned property around the pond to residents. He was told it was through the request of the New Brighton City (-,,uncil and adjoining residents that the pathway had not been continued around the pond. Motion by Councilman Sauer, seconded by Councilman Stauffer to direct the City Manager to contact the property owner and request removal of the fence which extends onto the City's property on Mirror Lake with a copy of the request to be sent to the New Brighton City Manager. Motion carried unanimously. Mr. Comstock, City Engineer, then discussed the American Consulting Services letter of June 30th in which that company submitted their scope of work and proposal for performing certain services relating to the City's sewer system evaluation. Speculation was expressed whether Page 6 the expenditure of $15,700.00 which the company estimated would cover the preliminary phases of the smoke testing program would be of value if the City were not ready to take action against the connection of drain tiles to the sanitary sewer system if, as expected, that proved to be the primary cause of the sewage backup experienced during the extra- ordinary rainfall last year. The Mayor's suggestion of applying the same funds to subsidize the installation of backup valves was discussed but uncertainty remained whether this might create more problems than would be solved. Councilman Haik wanted the Sewer Study Committee informed of the cost of the sewer evaluation which they had recommended. Motion by Councilman Stauffer, seconded by Councilman Sundland to table action on the American Consulting Services' proposal because of the expense and to wait until such time as the City is prepared to initiate follow up action regarding the inflow and infiltration from residences which may be discovered during the study. Motion carried unanimously. The engineer then reported that Hennepin County still objected to the rebuilding of 29th Avenue in the proximity of Silver Lake Road and insisted that one half of Silver Lake Road be kept open for thru traffic during the construction. He explained that Change Order #1 for that project was necessary to authorize the replacement of any sewerlines which may be found to be defective when the street is torn up. Motion by Councilman Sundland, seconded by Councilman Sauer to approve Change Order #1 for 29th Avenue Improvement Project 1976-1. Motion carried unanimously. The meeting was recessed at 9:50 P.M. and reconvened at 10:00 P.M. to receive Mr. Fornell's recommendations that the city apply for Home Improvement Grant Funds which are available through the Minnesota Housing Finance Agency to homeowners with adjusted gross incomes of not more than $5,000.00. Motion by Councilman Stauffer, seconded by Councilman Haik to authorize cooperation in the M.H.F.A. Home Improvement Grant Project and the application for such funds. Motion carried unanimously. Council members who might be able to attend the National League of Cities fall conference were urged to forward their registrations. Reference was made to the information received from the League of Minnesota Municipalities. The report from North Memorial Hospital regarding health care which had been provided to residents of the City was considered and Mr. Dulgar reported that he is now serving on the Health Care Policy Board of the hospital. Page 7 Motion by Councilman Stauffer, seconded by Councilman Sauer to grant an extension of one year from March 17, 1977 to March 17, 1978 to the Conditional Use Permit granted to Twin City Federal for Lots 8, 9 and 10, except the E. 60 ft. thereof, Block 7, Moundsview Acres, 2nd Addition. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Stauffer to grant a six month extension from November 27, 1976 to May 27, 1977 to the Conditional Use Permit granted to First American Care Facilities, Inc. for the retirement apartments proposed to be built on the Hedlund property across Silver Lake Road from Apache Plaza. Motion carried unanimously. No action was taken on the letter from Commissioner Robb regarding the leases for the Hennepin County Civic Center. Motion by Councilman Sauer, seconded by Councilman Haik to approve the property split requested by Apache Plaza for the property that Apache Plaza leases to Midwest Federal. Motion carried unanimously. The Police Report for May, 1976 was filed. Meetings of the Suburban Rate Authority and the Water Resources Board were commented on as well as the public hearing on the high rise for the elderly proposed to be built in Columbia Heights. The meeting of the St. Anthony Merchants Association with City officials was also discussed. Jim Fornell's July 13th memorandum regarding the zoning ordinance review by legal counsel was considered with special attention given to the restrictions which should or should not become a part of the Planned Unit Developments if flexibility is to be provided. Gordon Hedlund then addressed the Council in this regard and said he had a PUD in mind for the property on which the retirement apartments are now planned. His proposal would add a Country Kitchen Restaurant, the Gold Tiarra Beauty Shop and a building to house a dentist's office. Motion by Mayor Miedtke, seconded by second reading and set the date for at the next Council meeting. Motion carried unanimously. Councilman Sundland to waive the adoption of the zoning ordinance Motion by Councilman Haik, seconded by Councilman Stauffer to grant all licenses listed in the July 13, 1976 agenda. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Stauffer to approve payment of $3,404.03 to the Dorsey Firm for services rendered in May, 1976 subject to confirmation of the Wagstrom billing. Motion carried unanimously. Page 8 Motion by Councilman Haik, seconded by Mayor Miedtke to approve a partial payment of $6,580.73 to Earl Weikle & Sons for work on the St. Anthony Civic Center. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Sundland to approve payment of all verified claims listed in the July 13,1976 agenda. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Sundland to adjourn the meeting at 11:06 P.M. Motion carried unanimously. Mayor I