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HomeMy WebLinkAboutCC MINUTES 10051976CITY OF ST. ANTRO17Y COUNCIL MINUTES October 5, 1.976 The meeting was called to order by Mayor Miedtke at 7.35 P.M. Present for roll call. Sundland, Haik, Miedtke, Stauffer and Sauer Also present. Jerry Dulgar, City Manager Larry Vickrey, City Attorney Jim Fornell, Administrative Assistant I. C. Comstock, City Engineer Motion by Councilman Stauffer and seconded by Councilman Haik to approve the minutes for the Council meeting held. September 14, 1976. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sauer to approve the minutes of the Special Council meetings to consider the budget which were held September 14 and 21, 1976. Motion carried unanimously. Ken Hiebel presented the recommendations of the Planning Board to the Council as contained in the Board's minutes of their meeting September 21, 1976. He said the Board had recommended that a variance to the zoning ordinance allowing a 21 foot rear yard instead of the required. 25 feet be granted to allow the Sundial Realty Company, 2817 Anthonv Lane South, to construct a single family dwelling on the corner of 39th Avenue N.E. and Fordham Drive. He went on to say that the Board felt the screening of the two houses by existing trees as well as the forty foot distance between this house and its neighbor on 39th justi- fied the variance. The realty company representative, James Villella, presented the plans for the structure and answered questions from the Council regarding its construction. Motion by Councilman Sauer and seconded by Councilman Haik to grant a 4 foot rear yard variance to Sundial Realty Company to allow them to construct the single family dwelling they proposed on Lot 3, Block 1, Barrett's Addition. Motion carried unanimously. Mr. Hiebel then presented the reasons behind the Board's unanimous recommendation for denial of the request from Gordon Hedlund that the west 187 feet of Lot 10, Block 6, Mounds View Acres be rezoned so that the existing structure on that lot could be remodeled by Mr. and Mrs. James Hughes to accomodate their Gold Tiara Beauty Shop saying the Board felt it would result in spot zoning from the existing "Residen- tial" to "B" zoning. (1) Mr. Hedlund then disagreed that his proposal would result in spot zoning_, since there had already been several similar enterprises such as the Herfurth Realty office next door, Twin City Federal.'s proposed building which had been approved by the City as well as the conditional use permits which had been granted for the retirement apartments and his own construction office, although neither of them had materialized. He felt the conclusion of the Nason, Wehrman, Chapman study for that section of the City had been that, once commercial zoning had been established it was "too late to go back". Mr. Hedlund told the Council that First American Care Facilities which still has a conditional use permit for a retirement apartment complex on the property, adjacent to the lot in question, had not given up on securing funding for that enterprise in spite of the decision b_v HUD not to provide such funding at this time. He then reauested the Mayor to brief the Council on the eventuality of securing funding of the low income housing for that area. Mayor Miedtke then affirmed the.fact that he had recent conversations with :Retro Council personnel which seemed to indicate there was some interest on the Council's part in the development of low income housing in St. Anthony. Mrs. Chester Nelson, 3916 Macalaster Drive, however questioned why the Council would ever allow a concentration of such housing in one area because of the tendency of such housing to deteri- orate to a slum. Mrs. Nelson also expressed her opposition to the beauty shop usage feeling it would not fit into the residential neighborhood, saying that if the business was so profitable it would probably generate more traffic than would be advisable on Silver Lake Road. She also said she had been a resident of that area for 29 years and with the know- ledge she had of the time prior to then disputed Mr. Hedlund's infer- ence that there had ever been any other than residential zoning for that parcel of. land. Mrs. Ruth Thompson, 3015- 39th Avenue N.R. was concerned that the beaut% shop owners would provide sufficient screening from the single family residences, which are proposed for the top portion of Mr. Hedlund's land, citing the Herfurth Realty property next door as an example of how landscaping agreements are not kept. She also feared the beauty shop would set a precedent for a proliferation of driveways onto Silver Lake Road. Her husband, George Thompson, also opposed the request saying he considered it was just the beginning of a "strip of cormer- cial". The Council then discussed the proposal and offered their individual conceptions of what would be good land usage for that particular strip of undeveloped property. Councilman Stauffer said in perference to having a heavy commercial development, she would rather see established in that area either multiple dwellings such as townhouses, fourplexes or patio homes or service office usage with the allowance of a special use permit under the "B" classification for the beauty shop which could only revert to (2) service office usage if the beauty shop should not remain in business. Councilman Sundland said he could also see the desirability of the multiple dwelling development and felt the service office usage was fine to serve as a buffer between the residential and commercial in that area but could see no correlation of the beauty shop usage and the service office classification, feeling that usage was too intense for the property in question. He foresaw spot zoning on the 3.4 acres owned by Dir. Hedlund as very troublesome and said he had always felt that that size property was also too small for a good PUD. Councilman Sauer disagreed saying a beauty shop is one of the condi.- tional uses recognized under the service office classification. Mayor Miedtke agreed with them all that duplexes or single family re- sidents were not marketable on Silver Lake Road and doubted they would be a desirable usage on that road because of the number of curb cuts they would require. He also felt that although service office suage would offer a good buffer between the residential and commercial, six more small businesses along that strip would create the same effect. He then suggested that a permit for this particular use be granted (with a provision for more parking) provided Mr. Pedlund would agree to replat the remainder of the undeveloped land he owns along Silver Lake P.oad into two parcels, each 3 lots wide, with the top portion along Penrod Lane made 133 feet deep to accomodate the single family dwell- ings. This would assure that larger service office type business woule,. be able to be sought for the expanded two parcels. Mr. Hedlund, said he could agree to this proposal and would negotiate the sale of the property with the understanding that a common easement would have to be granted which would assure an access across the pro- perties and necessity for only one driveway onto Silver Lake Road. The Attorney then requested that verification be made of the fact that the public hearing held September 21st include a request for a permit for the beauty shop as well as for rezoning the property, so that another hearing would not be necessary. The published notice of the hearing was read and it did specify that the rezoning request had been made for a beauty shop. Por. Vickr_ev then reminded the Council that a 4/5 vote of approval would be ne-es- sary to grant the rezoning request and suggested that vote should precede the consideration of the conditional use permit for the beauty shop. Councilman Haik then told the rest of the Council she intended to vote against the proposal because she felt the only protection of their investment the owners of residential property in that area have is that which is provided by the Council. She felt any commercial in- trusion would be a threat to the value of those homes. She did not feel her action was imposing a hardship on Mr. Hedlund since "he had held on to this land all this time, knowing it was zoned residential". She said the Metropolitan Council had indicated a need for more resi- dential development and had set a priority on the retention of land (3) which is now residential. Mrs. Haik considered R3 development as an acceptable use of the land which would provide the necesaary buffer between the single family homes to the east and the heavy commercial to the west, but viewed apartments as too intense use of the lard. Councilman Sundland also favored R3 development as the best use for that property and felt certain there would be residential development on the Penrod portion of that strip as long as low intensity is main- tained along Silver Lake Road. Councilman Sauer said the Council had a responsibility to all land- owners in that area, including Gordon Hedlund. Fie suggested the Council give more consideration to the recomrnend.ations of the $4,000 Nason, N'ehrman, Chapman study, that there be a mix of residential and service office usage for the undeveloped. land. The Councilman then pointed out the example of the "beautiful buffer" between resident.-Lai. and commercial which a beauty shop in Roseville had provided. Councilman Haik then said it was the contention of the League of TrIomen Voters that, although residential development does not adversely affect commercial property, the damage to residential property can be great when commercial is developed.. She did not agree that because the potential buyers for the homes along Penrod might be knowledgeable before they buy regarding the development of the land to the west, they therefore did not require protection. Motion by Councilman Stauffer and seconded by Mayor Miedtke to rezone the west 187 feet of Lot 10, Block 6, Mounds View Acres from "Resi- dential" to "B" (limited business office use). Voting on the motion: Aye: P?iedtke, Stauffer and Sauer Nay: Haik and Sundland Motion not carried. The Mayor then suggested that the two who had dissented should work with the developer on a plan for the usage of his land. Councilman Sundland said he was willing to do this but felt Mr. Hedlund already had the listing of service office uses which were permitted under til. new zoning ordinance which Councilman Sundland would find acceptable. Councilman Haik felt it was the property owners responsibility to find a good land usage for that strip. Mr. Heibel explained the request for a new sign for Pizza Hut and when no.one appeared to provide further information, the Council followed the recommendation of the Board in the following: Motion by Councilman Sauer and seconded. by Councilman Haik to deny the signage requested for Pizza Hut, 3801 Stinson Boulevard. Motion carried unanimously. (4) The Planning Baord representative then said the Board is to hold an informal meeting with Mr. Sroga to discuss the Standard Station proprietor's plans for upgrading the appearance of his station at. 3201 Stinson Boulevard. Present to discuss the request for a building permit which will .;'low a warehouse to be erected on .48 acres in the St. Anthony Office Park were Dick Gay of Horizons Development Company, Harry Schroeder of Pentagon Construction Company and the applicant, Thomas Hitchcock, 3415 Maplewood Drive, of Auto Refinishers warehouse, Inc. Y4r. Schroeder who will be the contractor and architect for the approx- imately 15,000 square foot building which will provide warehouse; office and display space, presented the plans for the building and tentative plans for the parking, landscaping and signage. Mr. Hitchcock reiterated his proposal as made to the Board including a description of his wholesale products distribution business, number of employees and parking space requirements. Lotion by Councilman Sauer and seconded by Councilman Stauffer to grant a building permit to Thomas Hitchcock for the warehouse -office building he proposes to build on Lot 8, Block 3 of the St. Anthony Office Park subject to final review of the landscaping, lighting and signage plans by the Planning Board. Motion carried unanimously. The meeting was recessed from 9:15 P.M. to 9*20 P.P?. and reconvened to consider #1 of the Addendum to the October 5, 1976 Agenda which pertained to a transfer of licenses for the Northgate Motel. Por. Dulgar said he had been informed just that day by Mrs. Ruth Danderson, license holder ofr the Northgate Restaurant and Bottle Club that as of October 1, 1976, she is no longer associated with that business and wished to have cancelled the two on -sale beverage and one restaurant licenses to avoid any possibility of liability for them. Mrs. Anderson was present and explained that the continuance of her partner, Mrs. Blake in the operation of the business for the new proprietor who might have difficulty in obtaining the necessary licenses, was the basis for her concern. John G. Horner, Attorney at Law, Suite 5-360, Griggs Midway Building St. Paul, representing the present proprietor of the business, Davis Wong, told the Council that he was in the process of getting an optior from the State Liquor Control Commissioner on whether Mr. Wong, who is seeking U. S. citizenship is eligible to obtain a permit for the consumption and display of liquor in a public place. IIe explained that it was the owner's of the motel insistance that the continuance of the liquor service was necessary to their business, which had made it necessary for Mr. I^7ong to seek such permission. The matter was tabled to allow a conference of Mrs. Anderson, Mr. 157onc and his attorney with the City Attorney. (5) The City Engineer then explained his recommendation that the Citv adopt a resolution which will authorize participation in a program to bring traffic and regulatory signs in the City up to uniform code to enable the City to qualify for the federal funding for 90% of the costs. He said standardization of the signage would probably be required by the State sooner or later with no funding attached to those regulationz. He also felt it would be an economy for the City to retain Jack Prderzor. Associates, the traffic engineering consultants who had made the 1975 traffic control device inventory for the City, to prepare the applicatir for such funding and to advise the staff regarding the program. Motion by Councilman Sund.land and seconded by Councilman Haik to adopt Resolution #76-046 agreeing to update and keep the City in compliance with the Regulatory Transportation Standards. RESOLUTION #76 - 046 RESOLUTION FOR PROJECT FOR CORRECTING REGU- LATORY AND WARNING SIGN DEFICIENCIES ROADWAY SIGNING Motion carried unanimously. Mr. Comstock left the meetinq at 10:00 P.M. The mayor and Councilman Haik reported they had received confirmation of the resignation of two of their appointees to the Human Relations Committee and the following motion was made: Motion by Councilman Haik and seconded by Councilman Stauffer to re- gretfully accept the resignations of Stephanie Subak and Judy Makowske from the Human Relations Committee and to direct that Certificates of Appreciation for their service be sent to them. Motion carried unanimously. The Manager reported letters had been sent to Comrittee members inform- ing them that Jim Gahagan would serve as the temporary chairman of that body. Mayor Miedtke then announced his appointment of. Nancy Koepcke, 3013 Crestview Drive, to serve on the Committee. Problers experienced by the merchants and the City Police Department iris the supervision and regulation of the amusement machines scattered throughout the Apache Shopping Center Mall were reported by the Manager who said full consideration of these licenses and their fees should probably be given at the time the licenses come up for renewal in March - Motion by Councilman Stauffer and seconded by Councilman Sundland to direct the City Attorney in consultation with the City P?anager to pre- pare an ordinance regulating amusement machines. Motion carried unanimously. (6) The conferees on licenses for the Northgate Motel returned to the meeting and the matter was taken from the table. Mrs. Anderson then withdrew her notice of cancellation of her bottle club and on -sale beer licenses pending the outcome of her meeting, with the insurance company with whom Mr. Wong had arranged. for dram shoe insurance coverage and with the attorneys for both parties. for. Vickrey said firs. Anderson is the license holder of record and the beer and bottle licenses are not transferable but the restaurant license r�:n be transferred. Motion by Councilman Sundland and seconded by Councilman Sauer to appro the transfer of license for the Northgate Restaurant and Bottle Club from firs. Ruth Anderson to David Wong subject to the payment of all transfer fees and to the application meeting all pertinent requirements of the City ordinance. Motion carried unanimously. In view of Mrs. Anderson's withdrawal of her re( uest for cancellation of the beer and bottle club licenses which are operational until she ceases operation of the bottle club or again requests their cancella- tion, or the City revokes the licenses. The Council tabled action on the matter. Mr. Vickrey gave the first reading of the Bingo ordinance which he had prepared to comply with new State legislation. for. Dulgar was to re- commend fees which would reflect the City's costs for administering an6 policing such licenses which could be added to the ordinance during the next reading. Motion by Councilman Sundland and seconded by Mayor Niedtke to approve the first reading of the ordinance regulating Bingo games in the City. ORDINANCE 1976 - 013 AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF BINGO; PROVIDING A. PEN11LTY FOR VIOLATION; AMENDINr, CHAPTER IV OF THE 1973 CODE OF ORDINANCES BY ADDING SECTION 445 THFRFTO Motion carried unanimously. Motion by Councilman Stauffer and seconded. by Councilman Sauer to adopt Resolution 76-040 which provides modifications of the 1976 Budget. RESOLUTIO14 76 - 040 A RESOLUTICN MODIFYING THE 1976 BUDGFT Motion carried unanimously. fiction by Councilman. Stauffer and seconded by Councilman Sauer to adopt Resolution 76-041 which provides modifications of the 1976 Budget. RESOLUTION 76 - 041 A RESOLUTION MODIFYING THE 1976 BUDGET (7) Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sauer to adopt Resolution 76-042 which provides modifications of the 1976 Budget. RESOLUTION 76 - 042 A RESOLUTION MODIFYING THE 1976 BUDGET Motion carried. unanimously. Motion by Councilman Stauffer and seconded by Councilman Sauer to adopt Resolution 76-045 approving the 1977 Budget. RESOLUTION 76 - 045 A RESOLUTION APPROVING 1977 BUDGET Motion carried unanimously. Motion by Councilman Sundland and seconded. by Councilman Haik to approve Resulution 76-043 which reauests the State Highway Department to install barrier free curbing at designated crosswalks. RESOLUTION 76 - 043 A RESOLUTION REGARDING THE INSTALLATION OF PROPER CURBING AT CROSSWALKS IN THE AREA. OF KEI4ZIE TERRACE, ST. ANTHONY BLVD, AND SILVER LAKE ROAD Motion carried unanimously. Motion by Councilman Sauer and seconded by Mayor "?iedtke to adopt the resolution which recertifies special assessments on some Ramsey County properties. RESOLUTION 76 - 044 A RESOLUTION AUTHORIZING RECERTIFICATION OF SPECIAL ASSESSMENTS O?? RAMSEY COUNTY PROPERTY Motion carried unanimously. Motion by Councilman Stauffer and. seconded by Councilman Sauer to table action on the request that students be allowed to paint street address numbers on curbs in front of homes in the City with the pro- ceeds to go to the American Field Service until the applicant for such permission, Diane Nickerson, is able to present her request. Motion carried unanimously. The matter of bus shelters proposed for Silver. Lane and Silver Lake Road will be reintroduced when the MTC replies to the request for a recheck of the traffic count. The City Attorney then informed the Council that since his firm also represents the Apache Corporation he did not feel it was proper for hi: to participate in the litigation in which those clients are involved (8) with the City regarding special assessments. The Manager will at a later date submit to the Council names of possible legal counsel who might be retained for consultation on this matter. Questioning whether the City properly should or can afford participa- tion in the funding of the North Suburban Day Activity Center, the Council took the following action? fiction by Mayor Miedtke and seconded by Councilman Sundland to inform the North Suburban Day Activity Center that the City is unable to con- tribute to their funding efforts and to suggest they seek funding aid from the appropriate county organizations. Voting on the motion- Aye^ Miedtke, Sundland, Sauer and Haik Abstention: Stauffer Motion carried. Lack of provision in the Dutch Elm Disease Grant -in -Aid for reimburse- ment, of residents such as Wayne V. Carlson, 3917 "Zacalaster Drive, who themselves have removed diseased elms from their property was a topic for discussion with the conclusion that if the necessary quotes for the work can be secured from outside sources such could be for- warded to the PRriculture Department to substantiate an application for reimbursement. In compliance with a request from a City resident, Lowell Thompson, whc has been appointed by Governor Anderson to serve as Pietro Area Co- ordinator of the Shade Tree Disease Control Program, Mr. Dulgar was then designated as St. Anthony's Community Coordinator of the program. The September 9th suggestion. from Wehrman, Chapman Associates that they be allowed to aid the Planning Board in specific studies was filed. The Attorney then explained his recommendations for the establishment of more formal procedures to be followed in conjunction with public hearings on land use auestions feeling these were necessary to provide the City with greater protection from lawsuits claiming unreasonable or arbitrary decisions. During the discussion which followed, Mr. Fornell said he also felt the Council should be provided the same back- ground information on which the Planning Board bases its recommenda- tions. Potion by Councilman Sundland and seconded by Councilman Sauer to di- rect the Attorney's September 9, 1976 memorandum and accompanving in- formation regarding procedures to be followed in dealing with land use questions be forwarded to the Planning Board for their review and recommendations. Motion carried unanimously. (9) The meeting was recessed from 11°10 to 11.15 P.M. Councilman Haik relayed the invitation from the Silver Oak PTA that a City representative participate in their "Know Your Community" seminar which is scheduled for the same evening as the Council is scheduled to meet. Motion by Councilman Haik and seconded by Councilman Sauer to inform the School Board of District 0282 as well as the schools' adminis- trative staffs that the City Council normally meets on the second and fourth Tuesdays of the month and that it would be appreciated if that fact were given some consideration when community events are scheduled. Motion carried unanimously. Information from Senator Humphrey regarding CETA was filed. Consideration was given to the request from nordon Hedlund that a par- tial refund be made of the $300.00 application fee he paid for the Planned Unit Development for Lots 10 thru 16, Mounds View Acres, 2nd Addition, since he had withdrawn that application. Motion by Councilman Sundland and seconded by Mayor Iliedtke to refund $150.00 to Gordon Hedlund for that portion of the application fee he paid for a PUD which was not used. Motion carried unanimously. Following discussions of specific items, the reports from Superin- tendent of Public Works regarding the hockey rink in Central Park and the manpower cost statement for installation of blacktop sidewalks, as well as the Water Report and the July and August Fire Reports were filed. The reauest for additional street lighting near Mirror Lake Manor was placed on the agenda for the October 12th Council meeting. Motion. by Councilman Haik and seconded by Councilman Stauffer to grant a motor vehicle starting license to St. Anthony Standard and a heatin(., license to Air Conditioning Assoc., Inc. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of all Verified Claims listed in the October 5, 1976 Agenda. Motion carried unanimously. ;lotion by Councilman Sauer and seconded by Mayor Miedtke to approve final payment of $500.00 to Earl [?eikle & Sons, Inc. for the remodel- ing of the City Center. Motion carried unanimously. (10) Motion by Councilman Sundland and seconded by Councilman Stauffer to approve payment of Estimate #2 for $50,524.13 and Estimate #3 for $77,450.79 for payment to Dunkley Surfacing Company for Street Im- provement Project 1976-1. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Haik to approve payment of $3,247.29 to -the Dorsey firm for legal services rendered during Auqust 1976. Motion carried unanimously. Motion by Councilman Haik and seconded by Councilman Sundland to certify the list of election judges for Hennepin and. Ramsey counties for the General Election November 2, 1976 as presented in the AddenduT to the October 5, 1976 Agenda. Motion carried unanimously. notion by Councilman Sundland and seconded by Councilman Stauffer to reject the bid of $1,500.00 for a fire truck made by the Lake Kabe- togama Area Volunteer Fire Department, Inc. and to authorize the Manager to negotiate for a higher price. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Haik to ad- journ the meeting at 11°40 P.M. Motion carried unanimously. ATTEST: 4� /� F*V-64� "payor Clerk Ci Man ger