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HomeMy WebLinkAboutCC MINUTES 12211976CITY OF ST. A17.H0N1Y COUP?CIL ITINUTES December 21, 1976 The meeting was called to order by Mayor Miedtke at 7:31 P.M. Present for roll call; Sauer, Stauffer and Mied.tke Absent: Sundland and Haik Also present: Jerry Dulgar, City Manager Jim Fornell, Per. Asst. (occasionally as he was attending Planning Board meeting in another room) Councilman Haik arrived at 7;32 P.M. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve the minutes for the December 7, 1976 Council meeting. Motion carried unanimously. Councilman Haik announced her appointment of Anne Fisker, 310n Bell Lane, to serve on the Human Relations Committee. The 11anager reported that the American Legion now realizes the ordinance reauiating Bingo games is a response to state legisiwtion but could see no value to their organization for the $10,000 ;3ond which is required by state statute. Motion by Councilman Sauer and seconded by Councilman Stauffer to waive further readings and adopt Ordinance 1976-013. ORDINANCE 1976-013 AN ORDINANCE PELATINC TO THE LICFNSING AND REGULATION OF BINGO; PP.OVIDINC, A. PENALTY FOR VIOLATION; AMFNDING CFAPTFP, IV OF THF 1973 CODE OF ORDINANCES BY ADDING SECTION 445 THFPETO T9otion carried unanimously. The revised ordinance regulating amusement devices was discussed and Councilman Stauffer suggested changing the last phrase of Section 450;25 "from amusement device to amusement device" to "from one amusement device to another amusement device" for further clari- fication. Mr. Dulgar said a survey of some other communities indicated license_ fees for such devices ran from $25.00 to $150.00 as compared to the $7.50 per device proposed in the ordinance. He also suggested re- quiring each vendor to post his license on the premises which would indicate how many devices are licensed. George Frisch who represents San Nilva, owner of the majority of amusement devices and rides at Apache Plaza, said his client felt 15 devices would be a more realistic number which %,,could constitute an amusement center under the proposed ordinance. Mr. Nilva then recounted his efforts to solve problems which have been contended to have been caused by the presence of his machines in the mall of the shopping center. He introduced Louis Chiodo, a retired security guard at Apache, who Mr. Nilva now employs to supervise the games, rides and change machines, Mr. Frisch said the Christmas rush had made it difficult to ascertain whether any of these devices were the attraction for the undesirable element who frequent the center and about whom complaints have been lodged by police, merchants and customers. The amusement device owner also told of lower license fees he has paid in other municipalities. S. C. Ryan, 4409 Country Club Road, presented plans for a roller garden which he is proposing for the empty building at Apache in which he hoped would convince the Council that the entire operation could to considered as an amusement center under the new ordinance. Councilman Sauer wondered if the City does not actually have the power under existing ordinances to limit undesirable activities through its licensing. Councilman Stauffer felt that though some of the problems at Apache would seem to have been solved through the cooperation of the owner of amusement devices there, the time spent considering the proposed ordinance seemed to warrant setting up specific coals at this point. Notion by Councilman Sauer and seconded by Mayor r?iedtke to table action indefinitely on the ordinance regulating amusement devices. ORDINANCE 1976-014 AN ORDI14ACNE REGULATING AMUSEMENT DEVICES; M..IENDING CHA.PTFR IV (Section 400) OF THE 1973 CODE OF ORDINANCES BY ADDING SECTION 450 THERETO Votion on the motion; Aye: Sauer, Miedtke and Haik Nay. Stauffer Motion carried. At 8.00 P.M. the Mayor reconvened the Public Hearing on the uses for the 1977 Community Development Block Grant Funds. The City staff distributed copies of the Community Development Block Grant Program Citizen Participation/Notification Regulations 1, and a listing of the 16 projects which had been previously proposed (2) for the funding. Three additions to the list were proposed in Por. Fornell's memo on December 21st along with his recommendations that the Council pick those which they felt should be further re- searched regarding their eligibility and estimated costs. Also taken into consideration was the December 16th letter from Robert Johnson, Chairman of the Community Services Advisory Council giving that group's priorities for park improvements which might deserve funding. many of these were duplications of the other listings. Pers. Pat Melius, 3428 Downers Drive N.D., President of the St. Anthony High School Parents Group and three other members of her group were present and Mrs. Melius spoke in favor of dedicating a portion of the funds for a chemical dependency program for community youths. There was a discussion of whether the program recently set up by the Johnson Institute for consideration by the school board might partially serve the group's purposes. Councilman Stauffer suggested contacting Reverend Richard Lofgren of Nativity Lutheran Church as a possible member of the task force included in the proposal. Mr. Dulgar suggested that funds should be used to train existing personnel of the City or school district rather than to hire outside persons for the program since this would probably become a permanent project which would require funding by the community long after the grant funds might no longer be available. The Public Hearing was closed at 8.10 and the Council individually indicated which programs they felt should be retained for research by the staff. Mr. Dulgar said Councilman Sundland had indicated his preference for use of the grant funds for (1) continuance of the Sewer Study, (2) tree plantings, and (3) addition to the Public PTorks building. Councilman Sundland arrived at 8.15 P.M. It was agreed that projects numbered 5, 6, 7, 9 and 16 would be eliminated from further consideration and the Melius reauest would be added to the listing of projects which will require cost figures and recommendations from the staff. Councilman Haik mentioned that she wanted the band shell, which had _n<�evert.=ntly been left off the listing, added for consideration. Motion by Councilman Stauffer and seconded by Councilman Sauer to table action on the 1977 Community Development Grant Funds until the first meeting of the Council on January 4, 1977. Motion carried unanimously. Vernon Anderson, 2712 34th Avenue N.R., appeared to protest, what he felt would be "just another tax", the vending license fee which. the City is now contemplating collecting for all coin operated washers and dryers in apartment buildings in the City. Fe insisted (3) his building could only be considered as nriva.te nroperty and the problems requiring City services for unattended washers ane dryers are non existent in his onera.tion. The Hanager said a meeting is to be held tcrith vendors of such machines and building owners who own the machines and the staff will then make recommendations to the Council regarding the license fees they feel are necessary to support services provided by the Fire and Police Departrent. A comprehensive study of all licensing is also being prepared for Council consideration prior to -:larch 1st, when such fees are due. Motion by Councilman Sundland and seconded by Councilman Stauffer to table action on licensinc- coin onerated washers and dryers for further recommendations from the staff. -lotion carried unanirously. Omar Shabaz, Co-chairman of the T.A.P. 29th Avenue IT.F., told the Council how pleased the residents on 29th are with their neer street and relayed their appreciation of the cooperation thev had been given by the City staff and Council as well. as the contractor for the rebuilding of 29th. He said however., that some 01sturbance and annoyance had been caused by the raised collars around the manholes which are a temporary measure until the final coating is applied next spring. He r..entioned the noise generated by vehicles hitting the collars and the hazards resulting from drivers moving into the wrong c.riving lane in an attempt to avoid the collars. It was his contention that alleviation of the irritation would. result from the installation of the traffic control signage which he had under t_ood had been previously agreed to by the Council. The highest priozity he felt should be the stop sign at Crestview to provide safety for children who use Silver. Point Park with signage also necessary at Filson Street because of the bike routing at that point and at Roosevelt which also serves as a student crossing point to St. Charles school. Additional traffic counts and accident data for 29th had been pro- vided by the staff with comparisions drawn between that street and two other heavily traveled City streets, 37th and 33rd Streets. This information did not seen to indicate a need. for stop signs and. the ISayor said that, basing his opinion, on the information which had been supplied, he felt any traffic difficulties now being ex- perienced on 29th were only temporary and did not justify the in- stallation of traffic control signs with the exception of perhaps a "Caution' sic_?n to warn motorists coming off Highway 8 to slow down. He felt the hazards which might have existed near Crestview had been lessened when the hill had been cut down during the re- building of 29th and favored retaining the existing signage at Rozelle to encourage the children to use that crossing rather than Crestview where motorist's sight vision miaht be less than adequate. Other councilmen disagreed with this assessment wondering why, when the City had just recently installed several new stop signs towards (g) which many of them hae expressed reservations, there should be so much controversary regarding the signage at CrestvieuT. Motion by Councilman Stauffer and seconded by Councilman Sundland to authorize the installation after the 1st of the year stop signs for both east and west traffic at the intersection of Crestview Drive and 29th Avenue td.R., and to table action on any further traffic control signage on that street until after the road con- struction is completed. Voting on motion: Ayes Sauer, Stauffer, Haik. and 8uneland Ray-, Hiedtke Ilotion carried. The meetina was recessed at 8.58 P.P'. and resumed at 9,15 P.M. for consideration of a covered hockev rink. at Central Park. Jeff Shelstad., 3421 Maplewood Drive, hockey coach of St. P.nthonv. High School and Pave Notaro, assistant hockey coach, gave a sliete presentation and discussed a request from a group of interested citizens that the Council consider accenting funds thev might raise to enlarge and cover the existing hockey rink in Central Para: for rental to City and outside hockey groups. Mr. Shelstad said. con- tacts with a professional fund raising organization had raised the group's hopes of raising $350,000 to support the project which in addition to the buil6ing over the rink would provide an artificial ice rink with attendant concessions which ria_ht support some of the maintenance costs. He told the Council that the District 3'r282 school had voted 3 to 2 against donation of school ground for the purpose and had expresses' hesitation against taking on such a project in view of budgetary problems they were experiencing. Although the figures shown by Mr. Shelstaci seemed to confirm the two coaches' assuraption that rental and concession revenues would more than nay for the project, Mr. Dulaar saw several areas such as labor costs where he was not in full agreement with the figures as projected. Tar. Shelstad also conceded that no soil bearings had been taken to assure the ground would support the pronosed building. Counci.lran Stauffer sato she saw riir; ctt�y an having to run the pro- ject and felt this was a business enterprise for wihfch they have no expertise. She said. she would be willing to accept a donation of the building if the Community Services Frere willing to take the responsibility of running the rink and providing its maintenance. Councilman Sundland cited declining errollrents in the City and felt citizen reaction to the proposal should be tested through a referen- dum. Councilman Stauffer then said this would reruire a setting of nriorities when such a referendum might adversely affect referen- dun-s for capital irproverents which might be necessary for the City l or School District. She questioned provieing of a facility which (5) would serve such a small segment of the community, but Mr. Shelstad. said he didn't see any great difference in this venture and the Council supported city-wide fund raising, to send the school band to Hawaii. Councilman Sundland left the meeting at 10:15 P.M. The possibility of erecting an architecturally Pleasing cover for the hockey rink now and later adding the artificial rink, facilities, should the public indicate an interest in such an improvement, was also explored. Motion by Councilman Stauffer and seconded by Councilman Haik to table action on the covered hockey rink until the January 11th Council meeting and to request the staff to make an evaluation of the cash flow figures for the project and give their recommendations at that time. Motion carried unanimously. The meeting was recessed. from 10:30 to 10:45 P.M. John Daubney, a St. Paul attorney representing Gordon Hedlund, appeared to discuss the problems his client has encountered in his attempts to dispose of the undeveloped land he owns across from Apache Plaza. He disagreed with the assessment of his appearance in the agenda as a "possible lawsuit" saying he and Mr. Hedlund were only seeking a resolution to a situation where the developer had been "deprived of a fair and equitable use of his land" and could. no longer afford to hold the land empty. Mr. Daubney contended that the City was required by State Statute #462-354 to update the 1962 zoning map to reflect the changes which are in the new zoning ordin- ance the City recently adopted. To support his claim of deprivation_ of use of the land, the attorney cited the City's refusal over the last six or seven years to allow the development of the land for a theater, a savings and loan institution, a real estate office and the Country Kitchen restaurant in spite of the "most intensive commercial usage directly across Silver Lake Road at Apache". To provide a buffer between the residential and. commercial. usage, Mr. Daubney said his client was willing to increase the depth of the 9 lots along Penrod Lane to 90 feet and to allow the building of single family homes there if he were then allowed to develop the land remaining along Silver Lake Road either to commercial or a commercial/service office mix. In defense of this proposal, the attorney said there is no financial institution willing to fund the residential development of property along Silver Lake Road and he said the Ramsey County Engineer had told him the County would never allow individual driveways for residential development onto Silver Lake Road. Mr. Hedlund agreed that "if he gets commercial, he'll definitely sell or build the tract along Penrod for residential.". Mr. Daubney said Mr. Hedlund was willing to work out a compromise with the Planning, Board if he felt the Council would accept their recommendations for rezoning that tract from its present residential (6) zoning if such a recommendation should come from the Planning Board. Councilman Stauffer said she doesn't think the Planning Board would ever agree to a compromise which would include commercial develop- ment of that land and said she felt a B-1 (service office) usage might be a more logical compromise. Councilman Haik agreed with her that any commercial development of that parcel would not be compatible with the residential neighborhood to the east of Mr. Hed- lund's land. Councilman Haik said the P.U.D. zoning where the design concent is controlled by the Council had been included in the new zoning ordin- ance as a vehicle for dealing with just such difficult parcels of land as Mr. HeClund's and she disagreed that the City had acted in an arbitrary manner but had attempted to work with Mr. Hedlund. to- wards a good development of the land. She mentioned the conditional use permits which had been granted for the retirement apartments and the conversion of the existing building on one of Mr. Iledlund's lots for a contractor's office, neither of which had materialized, as supporting her contention. Wil Johnson of the Planning Bcard •was present and answered Council- man Sauer's question about the willingness of the Planning Board to work with Mr. Hedlund by saying he thought the Board would be willing to work with Mr. Hedlund but not initiate proposals for the property. Councilman Stauffer then reminded the group that without a concensus of the Council nothing can be done about changing the zoning for the property. Mayor "-`iedtke then pointed out the fact that no specific proposal had been presented by Mr. Hedlund for their con- sideration and Mr. Daubney said they will bring in a proposal which will try to ameliorate the differences between them. He said Por. Hedlund "wants a solution to this problem, not a lawsuit". Mayor Miedtke then read Resolution 76-053 as he had revised it and said he felt the Metropolitan Council was the logical body to form a task force which will study the problem of water resources during a drought. The Manager then foretold adverse effects on St. Anthony' - water supply which the supplementary wells St. Paul and, Minneapolis are proposing might have. Problems Hastings is now experiencing with the irrigation of nearby farm land was also discussed. Council. man Stauffer said her husband had taken a course relating to ground water resources and gave his conclusions about the availability of: sufficient water resources. Councilman Haik saw this as a long range problem and did not feel it was the responsibility of the Metropolitan Council to make regulations regarding matters for which some state agency is probably responsible. Motion by Mayor P4iedtke and seconded by Councilman Sauer to adopt revised. Resolution 76-053. (7) RESOLUTION 76-053 RESOLUTION REnUFSTING VFTROPOLITAN ( COUNCIL TASK FORCE: TO REVIrr GROUND DATER USAGE IN I"£TROPOLITAY AREA Voting on the motion: Ayes Sauer, Stauffer and Miedthe Nay: Haik Motion carried. Mr. Dulgar then answered queries from Councilman Hail: regardinq specific iters listed in Resolutions 76--055 and 76-056 which had only been available to the Council that evening and which involved transfer of funds from one City fund to another. Motion by Councilman Sauer and seconded by Councilman Stauffer to adopt P.esolutions 76-054 and 76-055. RrSOLUTTION 76-054: A RFSOLUTION PROVIDING FOR THF TRANSFER OF POLICE SPECIAL, T17ATER ASID SiTWIPR. FUNDS TO r;ENEpA.L FUND PPSOLUTION 76-055 A RFSOLUTIOl' ."4 DIFYINr THF 1976 FITDrET ,lotion carried unanimously. Dlotion by Councilman Sauer and seconded by r?aver �:iedtl-e to adopt Resolution 76--056. RESOLUTION 7f:-056 A RESOLUTION ELININATII!n THE FUND DEFICIT IN FUND 4#14 DY DECRF.ASITTr= THE GENErAI, FUND PZSERVE Motion carried unanimously. The December 18th letter from Josenh McDonald, 3213 T,9endhurst Street N.F., who is president of the St. Anthony Chapter of the American Association of Retired Persons protesting the proposed purchase of a bus for the Golden Heirs at a cost of 05,000 was discussed along with the letter from Columbia Heights reaarding the availability of two reconditioned JITC buses that municipality might be willing to rent or sell for use of the r;olden Heirs. A coz+_V of ?Tr. McDonald's letter was sent to the Golden heirs. ?!notion by Councilman Sauer ane seconded by Councilran Stauffer to table action on securing bus transportation for senior citizens. r;=otion carried unanimously. (8) Motion by Councilman Sauer and seconded. by Councilman Haik to contact the St. Anthony AARP for their input regarding the use of the funds designated for a senior citizen center. Motion carried unanimously. Mr. Fornell's December 9th recommendation for an adjustment of the sewer rate charge was discussed along with the advisability of changing to a flat rate to each consumer. Motion by Councilman Sauer and seconded by N.ayor Niedtke to direct the City staff to prepare an ordinance adjusting the sewer rates but with present consumption method being retained. The Council discussed the November 24th information from the City Attorney relating to the requirements of a legal. newspaper and this information was filed for consideration when applications are re- ceived from newspapers who feel they meet the requirements to serve as the City's official publication. The North Memorial Medical Report for November was filed. PAotion by Councilman Stauffer and seconded by Councilman Haik to authorize the signing of the contract between the City and the Metro- politan Animal Patrol Services, Inc. Potion carried unanimously. The raise in rates for liquor liability and professional liability insurance from the present carrier was discussed as well as the possibility of the League of Minnesota Municiralities coming up with a program for securing blanket coverage for municipalities. Motion by Councilman Stauffer and seconded by Mayor P4iedtke to approve the continuance of Alexander and Alexander as providers of liquor and professional liability insurance. Notion carried unanimously. The Fire Department Report for November was filed. The P9anager reported on the impasse in the negotiations with the 49'ers and the possibility of a strike. Council members were urged to attend the meeting of officials of municipalities who might be affected to learn about the ramifications fo such a strike. Councilman Sauer left the meeting at 12-20 A.M. Motion by Councilman Stauffer and seconded by Councilman Haik to grant the 5 vending and 1 heating licenses listed in the December 21, 1976 Agenda. notion carried unanimously. l (9) Motion by Councilman Stauffer and seconded by "Mayor PMiedtke to ap- prove payment of all Verified Claims listed in the December 21, 1976 Agenda. Motion carried unanimously. Councilman Sauer returned to the r^eeting at 12°23 A.r Motion by rMayor I'ied.tke and seconded by Councilman Stauffer to ap- prove payment of. $22,865.05 to Dunkley Surfacing Company for con- struction work on Street Improvement Project 1976-1. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of $2,398.61 to the Dorsey Firm. Lotion carried unanimously. The Manager said he was still investigating the possibility of joint participation with the school district in the Employee Assistance Program which the Council had. tabled December 7th. r:eetings with state legislators regarding the funding for Community Services were again discussed. Councilman Haik requested an investigation of a possible increase in the intensity in lighting of the signage for Burger Chef. Motion by Councilman Stauffer and seconded by Councilman Sauer to adjourn the meeting at 12;35 A.M. Motion carried unanimously. '.ayor ATTEST City Clerk (10)