HomeMy WebLinkAboutCC MINUTES 05281974 Meeting Sheet
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105752
Box: 35
Folder: CC MINUTES AND AGENDAS 1974
Document: CC MINUTES 05281974
CITY OF ST. ANTHONY
• COUNCIL MINUTES
May 28, 1974
The meeting was called to order by Mayor Miedtke at 7:30 P.M.
The following were present for roll call: Haik, Sauer, Sundland, Miedtke and
Stauffer.
Also present: Jerry Dulgar, City Manager
William Soth, City Attorney
Jim Fornell, Adm. Asst.
I.C. Comstock, City Engineer
The following amendments were made to the Council minutes of May 14, 1974:
Page 2-Para. 3: Motion should have included the installation of the cable
along Silver Lake Road and 29th Avenue N.E.
Page 4-Para. 1: Minutes should indicate that action was tabled on granting
a cigarette license to Doc's Purity.
Page 4-Para. 9: It was "Mr. Dulgar's" recommendation and not the "Council's"
which the Council indicated agreement with.
Motion by Councilman Sauer, seconded by Councilman Sundland to approve the
minutes of May 14th as amended.
• Motion carried.
The following amendment was made to the minutes of the Board of Review for May
21, 1974:
Page 1-Para. 1: "There being no one present "to appear before the Board". .
Motion by Councilman Sundland and seconded by Councilman Stauffer to approve the
May 21st Board of Review minutes as amended.
Motion carried.
Mr. Donald Kronk presented the recommendations contained in the minutes for the
May 21, 1974 Planning Board meeting.
_ -_�Mr. Kronk told of the Board's recommendation that a public hearing be set re-
garding Mr. Phillip Sularz' request for a variance to add to the present porch
on his home at 2524 St. Anthony Boulevard which would result in a deficit of five
feet of required side yard. Councilman Sundland said he would like to see a
written agreement signed by Mr. Sularz' neighbors.
Motion by Councilman Sundland, seconded by Councilman Haik to direct the Planning
Board to hold a public hearing for a variance to allow the construction of a porch
addition on the Sularz home at 2524 St. Anthony Boulevard.
. `Mot on carried.
Mr. Kronk advised the Council that the correct addresses for the Sroga lots for
which lot size variances were requested should have been 3200 and 3204 Roosevelt.
-2-
Motion by Councilman Stauffer, seconded by Councilman Haik to grant a three foot
• each width lot size variance to Mr. & Mrs. Joseph Sroga, Jr. for two lots at the
above mentioned addresses.
Motion carried.
Mr.- Kronk told the Council that the Planning Board recommended that the Walbom
property at 3242 Highway 8 not be rezoned to Commercial because it might change
the residential character of the neighborhood.
Mr. Irving Walbom, 3327 Skycroft Drive arrived at 7:45 P.M. and requested the
Council's feelings about the plans he had to add to the building already on the
property used for the Walbom Excavating Company if the parcel were rezoned. He
told them that the company planned to remove all construction equipment and
machinery from the property if such a proposal went through. Councilman Sauer
and Stauffer indicated a desire to defer judgement on the proposal until they
could see how it would fit into the revised zoning ordinance which the Planning
Board was preparing. Mr. Walbom said he had no definite commitment for a tenant
for the proposed addition to the building and was willing to wait for a further
evaluation of his proposal at a later date.
The meeting was recessed at 7:51 P.M. until 8:00 P.M. when the public hearing
on street improvements in the City of St. Anthony was opened.
When it was apparent that the number of residents who wish to attend the hearing
was too large for the Council Chambers the hearing was recessed from 8:02 to
8:05 P.M. in order that the meeting could be held in the school cafeteria.
• The hearing opened with a summary by Mr. Comstock of the Preliminary Report of
the conditions of the roadways on 29th Avenue from Stinson Boulevard to Highway
8; on Coolidge Street from St. Anthony Boulevard to 29th Avenue, 36th Avenue
from Silver Lake Road to Chelmsford Road and Penrod Lane from 36th to 37th
Avenue N.E. He reported the surfaces of these roads had deteriorated to the
extent that maintenance had become very difficult and repairing or replacing
seemed necessary. He presented a number of alternative methods of restoring
each road and estimated the costs of each alternative.
On the Penrod-36th Avenue project his recommendation was to repair the cracks,
replace some panels and cover the road with a one-inch overlay at a cost of
approximately $47,300.
He said 29th Avenue was a municipal-state aid street which was constructed in
1955 by Hennepin County but returned to St. Anthony as a municipal road. He
quoted costs of alternatives as ranging from $341,000 to $422,000 and recommended
the alternative whereby the roadway would be reconstructed of flexible pavement
with a 40 ft. face to face curb section with a sidewalk on one aide, thereby
retaining the present width of the road, at a cost of from $341,000 to $367,000.
The engineer recommended that the mat on Coolidge Street be replaced as well as
curb and gutters which would run to approximately $26,625.00.
Mayor Miedtke explained that the purpose of the hearing was to ascertain the need
• for the improvements and not to set exact assessment amounts for each parcel of
land affected.
Mr. Dulgar explained the colored slides which illustrated the deterioration of
the roads in all three locations. It was also explained that any property owners
in adjoining streets who might be assessed for the improvements and who had not
been notified of the hearing would be given a chance to voice their sentiments.
-3-
Approximately 150 interested residents responded to the notice of the hearing
• which was mailed in accordance with the law and the following views or opinions
on the making of said improvements and on the levy of assessments to pay the
cost thereof were stated as follows:
Don Harkcom, 3001 36th Avenue N.F. wanted to know the approximate individual
assessment per front foot which would result from the improvements and also
whether maintenance estimates had been considered before the proposed improvements
were considered.
Tony Jambour, 3200 36th Avenue N.F. wanted "The city to leave his street alone".
P.A. Bernard, 3201 36th Avenue N.F. expressed displeasure with the slides saying
they accentuated the flaws in the street beyond their true condition and requested
a definite per foot cost for the improvements.
Gerald Dunphy, 3104 36th Avenue N.E. presented a petition signed by members of 36
households on his street and said 33 of these had indicated that "they don't want
blacktop because it will make a race track of 36th Avenue". He later reiterated
that the "people don't want the street".
Mike Lamey, 3008 36th Avenue N.F. said he didn't want the whole street torn up.
Roger Kittelson, 3309 36th Avenue N.E. said he had lived on the street for 12 years
and last year was the first year the Maintenance Department had patched the holes
and he felt there should be a special Maintenance Fund established whereby the
• assessments could be prorated to all city residents. He also asked for the ex-
pected life time of the proposed improvements.
Robert Pulscher, 3524 Skycroft Drive and Stephen Callaghan, 3523 Skycroft Drive,
both wanted to know how rapidly the roads might deteriorate and what the likeli-
hood of complete deterioration would be if the improvements were not made.
C.W. Kirk, 3612 Penrod Lane, stated that his street is only 15 years old and
questioned whether it should have lasted longer, attributing the damage to the
road bed to the rerouting of traffic from Silver Lake Road. He stated that
"the improvements did not result from a demand of the citizens" and his inference
was that the proposal was "make work" for the engineering company. He also
questioned why the project was considered in a time of inflation.
During the discussions with these residents Mr. Comstock said he was unable at
that moment to give exact assessment figures until he knew which parcels of land
would be assessed by the Council and pointed out that an increase in the last
few years in the cost of building materials of over 50% made exact estimates very
difficult. He also said the Maintenance Department is unable to do an adequate
job of filling cracks in the road because they do not have the sophisticated
equipment necessary for the job and the cost of such equipment for one community
is prohibitive.
Mayor Miedtke told the residents that the Council had been advised by the Mainten-
ance Department of the deteriorating street surfaces and that the engineer had
prepared the Preliminary Report on the improvements at the direction of the Council.
• He also said in replacing the roads if they deteriorated completely the cost of
concrete could run as high as $37.00 a front foot. It was also his belief that
the Council had evaluated all the alternatives before proposing the improvements.
-4-
John Andrychowic, 2809 Coolidge Street N.E . questioned the supervision by the
• Engineer of the contractor who had installed the storm sewer and torn up his
street and curbs in the process and stated that he felt "The storm ,sewer benefitt-
ed no one on Coolidge".
Maurice Surface, 3809 Coolidge echoed his assertions.
In reply, the Mayor told them that the Engineer had informed the Council that
inclement weather early last fall had delayed the repairing of Coolidge and he
had been instructed to have a temporary surface installed for the winter. He
said only the section necessary to be replaced would be included in the improve-
ments and Mr. Comstock told the group that part of the replacement cost would be
covered by storm sewer funds.
The ramifications of 29th Avenue being a state-municipal road was then discussed
as well as the loss of state aid which could follow if state specifications for
the improvements were not followed.
Municipal state aid funds for St. Anthony average about $70,000 a year with the
cost of some traffic signal installation possibly being charged against these
funds, the engineer told the group in reply to a question from Rick Wolowicz,
3200 29th Avenue N.E. It was also stated that the policy of the City of St.
Anthony has been to assess all owners of property abutting an improved street,
whether it is a main thoroughfare or not, by the amount normally charged against
property on any arterial street.
• In reply to the question of whether 29th would be the only city access to 35W the
group was informed that St. Anthony Blvd. would also be finished and would serve
that purpose.
Following a statement from Councilman Sundland that he felt the meeting should be
adjourned until some definite figures could be given on assessments the following
motion was made:
Motion by Councilman Sundland, seconded by Councilman Haik to table action on
the proposed street improvements until a determination can be made of the exact
assessment and maintenance cost amounts.
Voting on the motion:
Aye: Haik, Sauer, Sundland
Nay: Miedtke, Stauffer
Councilman Stauffer and Mayor Miedtke then expressed their desire to listen to
all comments those present had to offer.
The manager, after he had received both the Penrod-36th Avenue petition and that
presented by Richard Weatherman, 2613 29th Avenue N.W. who said it represented
signatures of 90% of the property owners on 29th Avenue who opposed the improve-
ments, pointed out the inconsistencies of the requests contained in the petitions.
Mr. Weatherman replied that the notice to the homeowners was not accurate and that
• the intent of the petition he had presented was that the residents "don't want
29th Avenue replaced with concrete". He also stated it was his opinion that the
Council should consider the impact of the proposal on the whole village and said
he didn't think it would improve the Village. He requested further discussion of
the possibility of the Maintenance Department repairing and keeping up the street.
-5-
Stan Mirocha, 2604 29th Avenue N.E. said he didn't believe the Council would take
any action without considering what the "people have to say". He didn't feel the
slides were a fair representation of the condition of the streets and said he was
"100 percent against concrete", opposed to anything that would increase the traffic,
and would rather have the street kept in repair and reject any state aid.
Mayor Miedtke pointed out that nobody on 29th had paid assessments, except curb
and gutter, since county and state funds had been used and said he was against
tabling action on the proposal before he had heard all comments and gave the
following motion:
Motion by Mayor Miedtke, seconded by Councilman Sauer to hold another meeting on
the subject of the improvements at 8:30 P.M. , June 4th, the first Tuesday of the
month.
Before voting on this motion a motion to abandon the entire project was inter-
jected by Councilman Sundland but died for lack of a second and the Mayor then
recessed the meeting at 9:30 P.M. so that the city officials could confer on
possible ways to solve the impasse.
When the meeting was reconvened at 9:42 P.M. the Mayor withdrew his motion re-
garding the June 4th meeting so that the following motion could be made:
Motion by Councilman Sundland, seconded by Councilman Sauer to reconsider their
previous motion.
• Voting on the motion:
Aye: Sauer, Sundland, Miedtke, Stauffer
Nay: Haik
Motion carried.
The public hearing was continued with the unanimous approval of the Council.
Byron Simonson, 3213 29th Avenue N.F. asked whether 29th Avenue could not again
be designated as a city street and Mr. Comstock told him this could be done by
petitioning the Commissioner of Highways to return the road to a residential
status.
Omar Shabaz, 3013 29th Avenue N.F. spoke against the proposal but said he believed
the Council would go ahead with it because they want the concrete."
Joe Bresnes, 2523 29th Avenue asked who decides to have a project like the proposed
one and was told that the Council decides after the Maintenance Department has
reported its necessity.
Leonard Toth, 2900 Roosevelt St. N.F. expressed his opinion that no major improve-
ments should be made and that maintenance should be kept up on 29th Avenue and
felt that the costs of the maintenance should be equalized for all residents of
the city and "not just when improvements are needed".
• The reply he was given was that the levy limits set by the legislature keep the
maintenance budget low.
M. Johnson, 3216 29th Avenue N.F. asked "Aren't there enough highways now? Why
make 29th a highway? Why lose the special beauty we have now?"
-6-
David Freund, 3009 29th Avenue said he could see the need for maintenance
• measure but wants the Council to reject the state aid and post "No puck" signs
along 29th Avenue because of the noise such vehicles generate. One unidentified
resident said she had called the Village to protest the lack of enforcement of
the "No Truck" signs which were then posted on 29th and the signs were just taken
down.
Helen Johnson, 3108 29th Avenue N.F. was concerned with the lowering of the
property values which she believed would follow the paving of 29th and asked
Mayor Miedtke "Can we reject the state aid and keep the trucks off?" He assured
her this could be done.
Bernie Johnson, 2504 29th Avenue N.F. felt that making 29th Avenue a thoroughfare
was not fair and said the street was a "drag strip now with cars, motorcycles
and trucks exceeding the speed limits" and said he thought the city should reject
the state aid because paving and widening the street was "just going to be an
invitation to truck use".
Jim Willin, 3205 29th Avenue N.F. said he was a new father and was concerned
about the safety of his daughter if the traffic increased since "children on 29th
can't play in their front yards now".
Mark Kozlak, a former St. Anthony resident, reported on his conversations with
the State Highway Department and suggested further research on whether state aids
could be secured for maintenance, and whether the city did not have the right to
restrict traffic even if state aids helped finance the new road. He suggested
that the Council should look at the "whole picture" including the possibility of
needing more parking space for Silver Point Park if the traffic increases on 29th
and thought a citizens advisory committee should be appointed to study the whole
controversy.
Mike Lamey wondered if the equipment necessary for proper maintenance measures
couldn't be purchased for the same amount as the proposed improvements would cost.
Ernest Miel, 3624 Penrod questioned whether 36th Avenue wouldn't be used as a
detour when 37th Avenue is widened by Ramsey County.
Tom Bronner??, Crestview Drive wants the streets kept for "Village use only" and
the costs of any improvements which the Council decides are for the benefit of
the "whole community" to be charged to the community as a whole.
Senator Eugene Stowkowski, 2231 Stinson Blvd, who is a Minneapolis resident, said
he was requested by residents to attend the hearing because of the involvement of
state aid funds and he congratulated the residents on their expr€ssions of concern
to the Council and encouraged them to continue their efforts since the results of
their actions "could have an effect on the whole area".
Jackie Hunt, 3301 29th Avenue N.F. had submitted a letter to the Council voicing
her opposition to the paving of 29th Avenue and told of the traffic that passes
her home now and asked whether there were not at present a restriction on truck
traffic on that street.
Tom Shaffer, 2513 29th Avenue N.E. suggested stop signs be installed to slow down
the traffic and he too quoted the figure of 90% of the residents of 29th Avenue
as "not wanting anything done on 29th".
Irving Pulscher, 2900 Crestview Drive asked why the police can't keep the trucks
off 29th.
-7-
Susan Kusterman, 2809 29th Avenue N.F. was told the decision as to what would
• be done regarding the proposed improvements would probably be made at the next
meeting and Expressed her opinion that it was unfair to place the burden of
financing on the residents whose property abutted the roads in question.
Before the public hearing was cl:sed at 10:30 P.M. Mr. Richard Weatherman commended
the Council for their patience with the residents and their opinions.
Motion by Councilman Sauer, seconded by Councilman Sundland to place the matter of
the improvement project on the agenda for the council meeting to be held June 11,
1974 and to inform all persons who received notifications of such a meeting.
Motion carried.
The meeting was recessed at 10:31 P.M. and resumed in the Council Chambers at
10:40 P.M. when Mayor Miedtke declared that there would be a Special Council
Meeting at 8:30 P.M. Tuesday, June 4, 1974.
Mr. Comstock reported on his contacts with the contractor and the Council discussed
the easements not yet secured for the Water Project. The cost of condemnation
action was discussed with the Attorney and was compared with possible costs of
placing the project on the north side of 33rd Avenue N.E. Mr. Soth also discussed
the alternative of securing the property owners signature on a release with the
understanding that the amount of damages would be decided by the court.
Motion by Mayor Miedtke, seconded by Councilman Stauffer to direct the City
Attorney to begin office procedures in anticipation of filing condemnation notices
on the properties where easements have not been secured but to delay any actual
contact with the court until the Special Council Meeting next Tuesday. The
Attorney and Engineer were also directed by the motion to report back to the
Council at that meeting on the progress of the easement negotiations.
Motion carried.
Motion by Councilman Sundland, seconded by Councilman Sauer to direct the City
Manager to initiate the finalizing of the Pathway Project so that Bituminous
Roadways, the contractor, can be given his final payment and the Manager also
make his recommendations for final payment to the Council.
Motion carried.
Mr. Thomas Obinger, 510 15th Avenue S.W. , New Brighton and two other New Brighton
residents presented a petition with 16 signatures of residents near the holding
pond at Mirror Lake Manor opposing the walkway St. Anthony had proposed to build
around the holding pond. Councilman Haik wanted to defer action on the plan until
the Community Services had come up with a proposal for park land in that area.
Motion by Mayor Miedtke, seconded by Councilman Stauffer that the wood chip walk-
way installation be made only on St. Anthony property around the holding pond, and
that consideration be given to pilings this year around the spilLway and a bridge-
way over the spillway be considered in the budget plans next year.
• Voting on the motion:
Aye:Sundland, Stauffer, Miedtke
Nay: Haik and Sauer
Motion carried.
-8-
Messrs. Fran Schuck and Fugene Palmer, mechanical project engineers, of Construct-
ive Design gave a sum_mary of the bids and their recommendations regarding
acceUtance of one of the bids which had been received that afternoon for a general
contractor for the remodelling of the St. Ant-horsy Municipal Liquor Tounge. They
explained why the unique nature of the heating and vent:.).ation requiz-ed for the
job led them to recommend acceptanoP of tt_e Henning Nelson Company who were the
low bidders.
Motion by Councilman Sauer, seconded by Councilman Sundl_and to accept the bids and
award the contract for General Contractor to Henning Nelson for $172,400.00 and
to authorize the Mayor and Manager to sign the contracts.
Motion carried.
Mr. Schuck reported that two other companies besides the Harrison House were
going to bid on the bar equipment and furniture and the bids would be in by the
June 4th Special Council Meeting.
Mr. Tom Bronner, Republican Party Chairman for St. Anthony who had previously
addressed the Council during the public hearing gave the reasons he felt use of
city facilities for political parties' meetings was justified. Mr. Dulgar told
the Council the reasons the policy had been made in the past for not allowing such
a use of the Village facilities and stated his own objections remained as they had
at that time.
Motion by Mayor Miedtke, seconded by Councilman Sauer that political parties be
allowed the use of city facilities for their political meetings and to direct the
City Manager to bring to the next Council meeting the rules and regulations so
that this change can be incorporated into them.
Voting on the motion:
Aye: Sauer, Sundland, Miedtke
Nay: Stauffer
Abstain: Haik
Motion carried.
Since Mr. Jerry McCloskey did not appear to give a furthek presentation explaining
the liquor study his firm prepared for the liquor operation, no action was taken
on the matter.
Motion by Mayor Miedtke to place in the budget for next year the amount of $5,000
as St. Anthony's contribution to the joint animal control program with Columbia
Heights and New Brighton.
The motion died for lack of a second.
Councilman Haik and Stauffer expressed a desire to inform the public of hair much
it is costing them to enforce the leasing laws for the city.
• Motion by Councilman Sundland, seconded by Councilman Stauffer to direct the City
Manager to discontinue his negotiations for the Sroga property for a mini park.
Motion carried.
-9-
The manager was-directed to contact the new manager of the Equinox Apartments in
• an effort to get better maintenance of the hills in back of the property.
After a discussion of the April 30th letter from Dr. John Lawrow telling of the
hazardous conditions resulting from inadequate parking facilities at the Apache
Medical Center the following motion was made:
Motion by Councilman Haik, seconded by Councilman Stauffer to table action on Dr.
Lawrow's request until a report from the Police Dept. regarding the parking cond-
itions on Stinson Blvd. and the incidence of traffic accidents near the medical
complex during the last six months can be obtained and Iresented for the Council's
consideration at the next meeting.
Motion carried.
Mr. Dulgar's contacts with the Langer Construction Company regarding the 25'
light poles they had installed in the new Goodyear Tire Store they are construct-
ing on Silver Lake Road were discussed as well as whether such lighting met the
"low level lighting" stipulation in the building permit.
Councilman Stauffer was absent from the meeting from 12:15 to 12:17 P.M.
Motion by Councilman Haik to deny the occupancy permit to Goodyear Tire Co. until
the height of the light poles is returned to the height similar to that of the
lighting at the Mobil Station and the City Manager has given his approval to the
final landscaping plans for the property.
The motion died for lack of a second.
The letter from Southside Distributing Company regarding "Ban the Can" was filed
as informational.
The Fire and Police Report for April was filed after discussion of the "Warn and
Release" policy.
The investment report was filed as informational.
Notion by Councilman Sundland, seconded by Councilman Sauer to grant licenses to
U.S. Bench and Welter Heating.
Motion carried.
Motion by Councilman Sauer, seconded by Councilman Sundland to approve payment of
$41276.00 to Electric Service Company subject to the completion of the install-
ation of the siren by the contractor and when the system is operational.
Motion carried.
Motion by Mayor Miedtke, seconded by Councilman Stauffer to approve payment to the
Dorsey Firm in the amount of $3,087.33•
Motion carried.
• Motion by Councilman Sundland, seconded by Mayor Miedtke to approve payment of all
verified claims listed in the Agenda of May 28, 197+.
Motion carried.
-10-
Motion by Councilman Sundland, seconded by Councilman Sauer to approve payment of
$1,590.00 to Constructive Design.
Motion carried.
Mx. Dulgar reported on developments in the improvement of 39th Avenue by Ramsey
County.
Motion by Councilman Sauer, seconded by Councilman Haik to adjourn at 12: 35 P.M.
Motion carried.
A4
Mayor
ATTEST: _
Clerk
qCHMan7er