HomeMy WebLinkAboutCC MINUTES 06221976CITY OF ST. ANTHONY
COUNCIL MINUTES
June 22,1976
The meeting was called to order at 7:38 PJI. by Mayor I4iedtke.
Present for roll call: Sauer, Stauffer, Iliedtke, Haik
Absent: Sundland
Also Present: Jim Fornell, Adm. Asst.
Larry Vickrey, City Attorney
The minutes for the June 8, 1976 Council meeting were corn -c eb
as follows:
Page 4, para. 1: Correct "comprise' to'bomprnnust"
Motion by Councilman Sauer, seconded by Councilman Stauffer to
approve the minutes of the June 8th meeting as corrected.
Motion carried unanimously.
The Mayor then added the consideration of Ordinance 1976-005 to
the agenda and Dick Ernst explained the difficulties which had
arisen in obtaining a legal description of the property cn clhich
he plans to construct an office -retail store building between the
G & G Body Shop and the Legion Club during the preparation of
the legal papers. He said he must have a correct legal description
before the deed can be drafted.
Motion by Councilman Sauer, seconded by Councilman Haik to waive
further readings and adopt Ordinance 1976-005 but to withhold
publication until the City Attorney has indicated that all legal
documents are in order.
ORDINA14CE #1976-005
AN ORDINANCE REZONING PLAT 63507, PARCEL
7620 TO COMMERCIAL
Motion carried unanimously.
Councilman Haik reported that Earl Scott, Chairman of the huf;an
Relations Committee, had informed her that the group had a full -
agenda for the coming year, a fact which may be used as a basis for
communicating with the three replacements on the committee.
William Bowerman, Chairman of the Planning Board, presented the
minutes of the group's meeting which was held June 15, 1970`. IIe
told of the revised site plans for a new Speedy Market, including
two self-service gas pumps, which would replace the Jiffy market
at the corner of Stinson Boulevard and 33rd Avenue N.E.
Page 2
He said opposition by members of the Planning Board to the gas
dispensing operation had resulted in a tie vote and therefore no
recommendation to the Council. Many of the proponents and
opponents were present and reiterated their sentiments for or
against the proposal. Speaking for the development were Carl O.
Lien, the developer; Roger Sax, attorney for the Schroeder Milk Co.;
Robert Schroder, one of the owners of the Jiffy Market; Jim
Glockzin, manager of the Jiffy Market for the last 8 years who
wishes to lease the Speedy Market, if approved, and William Claypool
of the Oskey Gas and Oil Self Service Gas, Inc. who will provide
the gas, pumps and support equipment.
Mr. Sax said Schroeder Milk Company was seeking a building permit
for a usage which was permitted under the existing City zorinq
ordinance and said the planner had indicated the intention of
complying with all the safety standards which concerned the resid-
ents and Planning Board members. He said the gas operation was
designed to meet the fire code and the building code, to include
toilets which would comply with the building code. The roof top
mechanical equipment and trash disposal area will be shielded. The
attorney said he felt the new market would definitely improve the
appearance of the corner.
Mr. Lien explained the construction plans for the 40' x 68'
building which will house the Speedy Market and illustrated how
the landscaping plans and fencing will shield the residences to
the south and east of the project. He pointed out the 9 parking
spaces, each of which will be 10 feet wide, which will be provided
in front of the market. The superiority of this arrangement over
the present parking facilities was emphasized by Mr. Schroeder and
Mr. Glockzin. Mr. Fornell confirmed for the Council the fact that
the proposed parking and all setbacks except that on 33rd Avenue
were consistent with the existing zoning ordinance which the
Mayor said the Council would legally have to follow since the new
zoning ordinance is not yet in force.
Councilman Sauer questioned the safety of parking vehicles in front
of the store which might interfere with the visibility of the
attendant who is to operate the pumps from within the store. He
also wanted to know where the employees of the store will park.
Mr. Sax replied that it is the responsibility of the attendant to
comply with the law which requires a clear view of the p=ps and
said the employees will probably park, hopefully legally, off the
premises.
Mr. Claypool then defended the marketing wisdom for combining the
sale of groceries and gas in the same operation, citing the ex-
perience in other states and his other operations et a sivilar
nature.
At 8.00 P.M. this discussion was interrupted by the Mayor who
opened the Public Hearing on the new zoning ordinance which had
been scheduled to be held at that time and with the accuiesence
of the Council recessed that hearing until the presentation of the
Planning Board minutes was completed.
Page 3
Bir. Claypool continued by stating that there was statistically
no basis in fact for the conjecture by the residents regarding the
fire hazards of a self service gas dispensing operation. He quoted
opinions of fire insurance underwriters that there are more fire
hazards possible with a service station type of gas dispensing
operation and said there are also more noise and small nuisances
inherent with such operations. He estimated the proposed project
would use from 30,000 to 90,000 gallons of gasoline a week which
would result in about 8 cars per hour using the gas pumps. The
gas company owner said statistics show that 90% of the people who
patronize facilities who combine the sale of groceries and gas are
middle income, with an average age of 31 which he felt disproved
the stereotype of young hot rodders as typical users of self
service gas operations. He also felt a valid concern expressed
by the residents was that regarding the height of the sod:iuici vapor
lights and he said he was willing to comply with the Council's
direction in this regard. The only signing for the project would
be on the building itself, according. to Mr. Sax, irh�:, sair'. such
signing would meet all City regulations.
More than a dozen of the residents of that area were present,
including John Bednarz, Kenneth Otto, Duane Fisher and Joe Sroga
who reiterated their objections to the gas dispensing aspects of
the proposal because they felt it might further deteriorate the
residential character of the neighborhood, pose a hazard for
young customers who would have to crus the ods dispensing, area to
reach the market and would result in an increase in tra;fic and
on -street parking in front of their homes. These objectir..i?s were
also stated in the letter from Mr. and Mrs. Otto which was dist-
ributed to the Council members and in a three page petition:
against the proposal.
Councilman Stauffer questioned whether there had beeYi enough walk-
way area provided and whether there would be proper s pervision of
the gas pumps if there is only one clerk/attendant on duty.
Mr. Lien pointed out there were no other sidewalks in the area
and Bir. Glockzin said he usually had two employees working in the
store during the day and would add another for ti, night hours if
necessary.
Councilman Haik told of expressions w` concern, from residents of
that entire section of the City whether the prnposed project rn.ght
result in a potential deterioration of the neighborhood.
The Mayor told a Minneapolis resident who spoke against the
proposal and the other residents whose homes Giem on }_i:.e Minnea-
polis side of Stinson Boulevard that, altheugh he appreciated
their concern, he felt that much of the unsightl.nes^ at that
intersection was on the Iiinneapolis side and more of their efforts
should be towards convincing the officials of f7_nneapalls to Flo
something to preserve the area. He also want&, it made a natter
of record that his conversation with riinneanoais t:ouncil.;nan Sam
Sivanich had been misunderstood to give the j`.npression that the
St. Anthony Council would not app -rove the proposal.
Page 4
Mr. Glockzin said the problems at the Clark Station across 33rd
Avenue did not apply to his present market and he intended to
continue his strict managerial control over the business. He
said without the gas to attract customers to his new store he
would not be able to afford the rent on the building and the City
might end up with a vacant building on its hands.
fir. Vickrey told Councilman Sauer that recent court rulings
allowed two permitted uses on a commercial lot. Iie said both
uses are permissible if they are permissible individually, as
long as they do not pose a hazard to the safety or welfare of the
community.
The Mayor then said that although the property in geestiu:.`•.:.
now zoned commercial the Council should be afforded the opportun-
ity to view some of fir. Claypool's other operations of a similar
nature throughout the metropolitan area to ascertain whether
there are problems. Councilman Haik asked that a !-.ra£`ioc: count
be taken on the streets adjacent to the proposal to ascertai,ac:rhat
effect a large increase in traffic at that intersection would
have on the rest of the neighborhood.
Councilman Stauffer also wanted a chance to look at other similar
operations.
Motion by Councilman Stauffer, seconded by Councilman Haik to
table until the July 13th Council meeting any action regarding
the Schroeder Milk Company request for a building permit for a
Speedy Market with two self-service gas pumps to replace the
Jiffy Market at the corner of Stinson Boulevard and 33rd Avenue
N.E. and to request that the City staff make a traffic count of
that corner and that the applicants provide a list of similar
operations before that meeting.
Motion carried unanimously.
Mr. Sax was concerned with the time which might be required to
put the new zoning ordinance into effect and said he wanted it
made a part of the record that the denial of the building permit
which is legally permissible is outside the }i_nr, of t" .C'
Council at this time.
Mayor Miedtke said the Council would probably have to relate to
the existing zoning ordinance since the request for the building
permit was made prior to the adoption of the new zoning ordinance.
Mr. Vickrey disagreed that this was necessarily so.
The meeting was recessed at 8:45 P.M. and reconvened at 8.,55 P.M.
for a continuance of fir. Bowerman°s report on the June 15th meet-
ing of the Planning Board. He related the informal discussion
which. the Bo•=ird hadregarding the procedure t'•iey anticipated
we o.U'l ba f--iliowed in the study they were to make on how to vitalize
tt,,- St. Anthony Shopping Center.
Th- layci. ::aid he felt the courtesy of talking to them first was
;,wee. to the owners and managers of the center.
Page 5
Mr. Fornell said one of these, Max Saliterman, had phoned ziim
and told of the long range plans he had for improving his prop--
erty including the parking arra, but declined an invitation to
discuss his plans with the Board. The St. Anthony Shonpinj
Center Merchants Association had issued an invitation tc tiaycr
Miedtke, Councilman Sundland, Mr. Bowerman and Mr. Johnson.:,nd
all other members of the Council or Doard who could attend,to
join the association at lunch at the Northgate 17otel on July 7th.
Motion by Councilman Sauer and seconded by Counci.lmar, IIaik Lc
invite all the owners of property in the St. Anthony ShnlY:iz:
Center and the press to meet with the CoiiDcil for a 5utr,, ,.^,zt
lunch at the Northgate at noon, July J'Ath to. which Nr,
and Mr. Johnson will also be invitee.'c.o discuss the preli-,ataary
plans for a study of how to revitalize the shopoiny
Motion carried unanimously,
The Public Hearing on the new zoning or(.'! -nonce was reconvenar3
at 9.05 P.M.
The only person indicating an interest ir. 3peaki_ � Lor c:r a';c.i.ns*
the ordinance was Mr. Gordon Hedlund who owns CPlc =,roper —1 ac_. rss
from Apache Plaza on which a condition<.1 use ne mLt had u rn
granted American Enterprises, Inc. to r-atirer:ent
apartment building. Mr. Hedlund wanted a n sto-z,7 retirement home
included as a permitted usage un_ler the P.-3 classification as
it has been approved and might become a part of a Planneri Unit
Development for that area in the future.
P'ir. Vickrey wondered why any size restrictions should ie placed
on P.U.D.'s, feeling such restrictions might place a burren o,i
the Council's ability to consider such a plan, The Council
agreed that it might be better to extend the •,o<a'ii:ie:: :. in,:c
permit for the existing proposal than to chai,,;e the
ordinance to accomodate it, The subject iii.;_ bo, given considerat-
ion during the second reading of the _rdinance July 12th. Mr�
Vickrey said his firm would probably not be able to have the
ordinance in final form for adoption at that meeting.
The Public Hearing closed at 5,25 P. -PI..
Motion by Councilman Sauer, seconded by Counci?ma.n la.. R t,,:.;ve
the first reading of the zoning ordinance anO i:o place ennsidc.r.
ation of the ordinance on the ayeno.c_ for the July lsth Co;:ncil.
meeting.
Motion carried unanimously.
Mr. Vickrey left the meetinu at 9:26 P>"'.
Mayor Miedtke then reported that the .Manager ^rente,'. i_o .al;
further with Dr. Renz, Supt. of District 102V, Lee ore ic,,..._.::•.; t.._
recommendation whether to .repair the hockey .tic 3r -euf1&C:C, the
tennis courts. Mr. Fornell reported t:`:at the Sup`, c l ti,:!..ie
Page 6
Works had advised that the tennis courts will require resurfac-
ing soon to avoid serious deterioration.
Motion by Councilman. Stauffer, seconded by Councilman Saner to
table action on the repair of the hockey rink and resurra�i)13 the
tennis courts until the Manager has made his rccom'nendatir;n:;,
Motion carried unanimously.
Councilman Stauffer urged the Council merl:-�rs to forward th;a�I'r
comments and recommendations regarding changes in the rules :and
regulations and proposed matters of metropolitan signifi-CN u,a Lo
the Metro Council before their July 19th hearing on these` matters,
Motion by Councilman Stauffer, seconded by Councilman SalAC. is
pay the dues for membership in the Assoication of Metropolitan
Municipalities.
Motion carried unanimously.
The June 3rd letter from Hennepin County regarding the design
of the intersection of 37th Avenue N.E, with Silver Laka kc) --d and
the storm sewer cost participation in the upgrading of :.,,I
filed as informational after the Mayor illustrated. the pro-Ncsed
configuration of the intersection and said the 7tan :.^,:r is still
negotiating the City's share of costs with the county,
Councilman Haik said she was going to try to attend the Nac-
ional League of Cities Policy Leaders Meeting in Chicago on
Jaly 8th.
Motion by Councilman Sauer, seconded by Mayor Miedtke to ueny
the request for a watch light in the alley between P�:nl Averrze
and St, Anthony Boulevard because the City h .s . ot. g•rov. deo s.ic'.
lighting for other alleys and has not completed the Cit_Y-widA
street lighting program.
Motion carried unanimously.
Reports from the Water Department a, -.c. Fire Dnprirtmert were filed.
Motion by Councilman Haik, seconded by Councils a Jaucr to
approve a cigarette license for Sar e.y's and a ri bb isiz ha.uli_nc.
license for Knutson.
Motion carried unanimously.
Following an expression of appreciation by Courcil.ma flair .tor
the form in which the statement from Comstock k D:.ris .17as abmitt•-
ed, the Council made the following motion*
Motion by Mayor Miedtke, seconded by Councii.mt:.n.Fai.k to oprvove
payment to Comstock & Davis for $273.50 for ��asem<_nt ro.cearch=
$1,185.86 engineering services on Street Irnprf� va7:n�nt P -o ect
1976-1 from 4/26 to 5/29, and genera:_ engine:r:i.rg services from
Page 7
4/5 thru 5/29 in the amount of $532.19.
Motion carried unanimously.
Motion by Councilman Sauer, seconded by Mayor Miedtke to approve
payment of all verified claims listed in the June 22, 1976
agenda.
Motion carried unanimously.
fiction by Councilman Haik, seconded by Councilman Sauer to
adjourn the meeting at 9050 P.M.
(lotion carried unanimously.
ATTEST: Ltup�l.r
Clerk