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HomeMy WebLinkAboutCC MINUTES 05271975 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 105697 Box: 35 Folder: CC MINUTES AND AGENDAS 1975 Document: CC MINUTES 05271975 • v - 4 CITY OF ST. ANTHONY COUNCIL MINUTES • May 27,1975 The meeting was called to order by Mayor Miedtke at 7:30 P.M. The following were present for roll call: Sauer, Sundland, Miedtke and Stauffer. Also present: Jerry Dulgar, City Manager Jim Fornell, Adm. Asst. Absent: Haik Mr. Dulgar opened the three bids for financing of Certificates of Indebtedness and it was ascertained that the Fidelity Bank & Trust Company, who were represent- ed by Mr. Frank Kerner, 1430 Oregon, was the lowest bidder on the basis of interest. Motion by Councilman Sauer, seconded by Councilman Stauffer to adopt Resolution 75-031. Interest to be paid in amounts of 4.20% in 1976; 4.40% for 1977 and 4.60% in 1978. RESOLUTION #75-031 RESOLUTION AWARDING THE CONTRACT FOR BID TO FIDELITY BANK & TRUST COMPANY Motion carried unanimously. The following amendments were made to the minutes of the May 13, 1975 meeting: • Page 4-para. 1: Add "per year" to "20 million gallons". Page 4-para. 6: Substitute "parking prohibited" for "parking restricted". Page 5-para. 7: Correct title should be Association of "Metropolitan" Municipalities. Page 6-para. 9: Same correction as above. Page 6-para. 5: Last sentence should be changed to read "The Council indicated that they intended to build walkways on the east side in the near future". Motion by Councilman Stauffer, seconded by Councilman Sauer to approve the minutes of the May 13th Council meeting as amended. Motion carried unanimously. Mr. Dulgar reported that he had not received the required firm plans from students from St. Anthony High School for the music festival they planned for June 4th. Mr. Jerry Cowan of the Planning Board prsented the Planning Board's recommendations to the Council as contained in the minutes of the Board's May 20, 1975 meeting. He reported that the Board felt there had not been sufficient cause shown to justify granting a variance to the sign ordinance to allow Goodyear Tire Company to erect a pylon sign in front of their store at 4020 Silver Lake Road. Motion by Councilman Sauer, seconded by Councilman Stauffer to deny the Goodyear Tire Company request for a variance to the sign ordinance for a pylon sign. Motion carried unanimously. r I ' -2- Wm. Soth, City Attorney, arrived at 7:43 P.M. Councilman Haik arrived at 7:45 P.M. The Council then considered the Planning Board's recommendations for approval of the Conditional Use Permit to allow the First American Enterprises, Inc., 5350 W. 78th Street, to construct a retirement home on the Hedlund property across from Apache Plaza Shopping Center on Silver Lake Road. Mr. Gerald Mundt of Wallace & Mundt, architects, presented the site plans he had shown at the Planning Board meeting and answered questions regarding the turn- around driveway proposed for the front of the building; the exterior of the building which he said would be of "residential type" brick and either stucco or precast concrete, and the layout of the building and the 1 bedroom and alcove bedroom apartments which are planned. He agreed with Mayor Miedtke that an adjustment of the grade would lower the height of the building by about a foot. Mr. Gene Stephens of First American, formerly of Rembrandt Company, told of his company's plans for serving two meals a day to residents but the provision for kitchenettes in each apartment as well. He pointed out the features of the building which would be geared to serve the handicapped including a controlled hot water system. Mr. Comstock, City Engineer, arrived at 8:15 P.M. • There was a discussion of the applicant's intention of only sprinkling one half of the building and Councilman Sauer wanted the conditions for approval of a Conditional Use Permit to include 100% sprinkling. Following a discussion of how the sprinkler system is coordinated with the heat and smoke detection system, he stated his willingness to require only 50% sprinkling if the system met the approval of the Fire Marshall. Mr. Geary of the Eberhardt Company said he thought construction on the building could be started within 18 months. P4otion by Councilman Sauer, seconded by Mayor Miedtke to grant a Conditional Use Permit to First American Enterprises, Inc. to erect a 4-story, 257 x 54 ft. retirement home on the N. 28 ft. of the W. 187 ft. of Lot 13 and the W. 187 ft. of Lots 14, 15 and 16, Block 6, Moundsview Acres, 2nd Addition, subject to the following conditions. 1. The building will meet all the standards set by FHA and/or HUD. 2. The Conditional Use Permit will expire 18 months from May 27, 1975 if construction on the proposed building is not begun by that date. 3. Landscaping, parking and lighting plans must be submitted to the Council for approval before the building permit is issued. • 4. A smoke and fire detection system with at least 50% of the building sprinkled must be submitted for full and final review by the Fire Marshal and a layout of the system must be provided for Council approval. 5. Elevation must drain to the north and the building elevation kept as low as p,§sible. ' -3r • 6. No architectural barriers can be present which might prove a hindrance to the handicapped. 7. A ten foot easement must be granted to the City for a walkway along Silver Lake Road. 8. All City and State building codes must be adhered to. Motion carried unanimously. After consideration of the request from Gordon Hedlund to rezone the property south of the proposed retirement home from Residential to Commercial to accomodate a Country Kitchen restaurants as well as the Planning Board's recommendation of denial of the request, the following motion was made: Motion by Councilman Stauffer, seconded by Councilman Sundland to deny the request for rezoning the N. 5 ft. of the W. 187 ft. of Lot 11, the W. 187 ft. of Lot 12 and the S. 87 ft. of W. 187 ft. of Lot 13, Block 6, Moundsview Acres, 2nd Addition, from R-1 and R-2 to C-2, Commercial, to permit the construction of a Country Kitchen restaurant because of the (i ) the incompatibility of a heavy commercial use for a'-restaurant to the residential nature of the adjoining neighborhood and since this usage would not meet the criteria set by Council for service office type usage (2) too dense usage of land with no provision made for buffering or greenery on three sides, and (3) use of the rear of the parking lot for a service road. • -,Motion carried unanimously. The meeting was recessed at 8:40 P.M. and resumed at 8:50 P.M. to consider the new Street Assessment Policy. The City Engineer, Attorney and Manager discussed the revised Street Assessment Policy and changes in the wording were made by them as well as the Council members. A discussion of whether the districts for assessing should be designated before voting on the new policy was led by Councilman Haik with the Manager explaining the rationale of having the improvements of streets done project by project in order that there might be an orderly planning for financing and bidding the jobs. Motion by Councilman Stauffer,seconded by Mayor Miedtke to adopt the street assessment policy as amended with the understanding that the Council will designate the districts in such a manner that the entire City will be included. Motion carried unanimously. The Engineer presented Supplement #2 to the 1974 Preliminary Report on Streets and Alleys and its provisions for the upgrading of 29th Avenue N.E. Copies of this report were available to the Council as well as approximately 20 residents who live on that street who were in attendance. • In discussing his recommendation that the most feasible method of reconstructing 29th Avenue would be to build the street to a 9 ton design which would be 40 ft. face to face curb, which is the minimum design allowed for Municipal State Aid, Mr. Comstock pointed out that with such funds amounting to $2505000 it would be necessary to only assess the owners of abutting property for the same amount it would cost to install a new 32 ft. , 5 ton design road. He said that, with the credit they would be given for the existing curb and gutters, most property i' 4 -4- owners 4-owners along 29th would have to pay only $19.63 per running foot of street and he • estimated the assessment might amount to approximately $1,000. Over a ten year period with 8% interest he estimated each resident's payments would amount to $150 per year. When some of the residents questioned why none of the cost would be paid from the General Fund as per the new street assessment policy, it was explained that 29th Avenue had first been a County road and owners of property along the street had never been assessed for a net; road though they had paid for curbs and gutters. The residents then reiterated the fears they had expressed previously that up- grading the street to a 9 ton capacity would increase the traffic; encourage more truck usage; increase the "horrendous noise" and create more of a traffic hazard for pedestrians. Two who expressed these sentiments were Tom Shaffer and Stanton Fasel who said they would rather pay the difference between a MSA funded 9 ton road and a 5 ton 32 ft. design. Norman Cavanaugh said they had to "face the facts" that 29th Avenue would always be heavily traveled no matter what its design since in Roseville it was being widened to a four lane highway and was a wide paved street in Minneapolis. Other residents of the street who expressed their concern with the proposal included David Freund, Jenny Lindh, Stan Mirocha, H.F. Lilja, Susan Kusterman, Maurice Surface, Leonard Toth, John Miskowiec and others. Some of them said they felt it was unfair to charge them for a more expensive road which would provide a thoroughfare for non resident users. Others said they did not feel • the Council was responding to their wishes regarding the road construction but this was disputed by pointing out hot; the plans for the size of the road had been reduced from a 44 ft. wide to a 40 ft, roadway. There was also some discussion with the Attorney on the legality of closing off the normal traffic flow and prohibiting trucks from using MSA funded roads as well as whether there had been any court decisions handed down regarding the power of municipalities to install improvements which residents felt were not to their benefit. The concept of installing stop signs at every corner along 29th was another suggestion from the residents. Mr. Shaffer volunteered to canvas the property owners along 29th to ascertain whether they were willing to pay for a 5 ton road and the Mayor said that, though this would be very helpful to the Council in arriving at a final decision, it was still their prime duty to consider the project from the viewpoint of a community benefit rather than just an area concern. Motion by Mayor Miedtke, seconded by Councilman Stauffer to proceed with the re- constructing of 29th Avenue to an MSA funded, 40 ft. face to face roadway of 9 ton design for which the abutting property owners will be assessed for only the cost of building a new 32 ft. , 5 ton road and will be credited with the existing curb and gutter valuations. Before voting on the above motion, Councilman Sundland said he felt a delay of • two weeks was necessary in order that the residents might be provided with definite costs of the 9 ton and 5 ton roadways so that they might more easily assess the benefits to them. Motion by Councilman Sundland, seconded by Councilman Haik to table action on the project for two weeks in which time the Engineer would provide the Council with firm figures on what it would cost to repair and rebuild 29th Avenue to a -5- 5-ton 32 ft. wide roadway for which MSA fund would be unavailable and to appoint Mr. Tom Shaffer to get a reading from the property owners on which road they were • willing to pay for. Voting on the motion to table: Aye: Sauer, Haik, Sundland Nay: Miedtke, Stauffer Motion to table carried. The meeting was recessed from 10:45 to 10:52 P.M. when it was resumed for consideration of a large identifying sign for the Flea Market. Mr. & Mrs. Wm. Olsen, operators of the Flea Market at 38th Avenue N.F. J. felt that since the building accomodates over 300 dealers it should qualify for a larger sign as is allowed a shopping center. They agreed to go before the Planning Board to seek a variance to the sign ordinance whereby they would be allowed to erect a sign on the east side of the building which would be large enough to be seen from Silver Lake Road. It was also decided that installing 5 ft. directional signs along Silver Lake Road would help customers to find them in their new location. Motion by Councilman Sundland, seconded by Councilman Sauer to direct the Planning Board to give consideration to a sign variance for the Flea Market at their next meeting, June 17. • Motion carried unanimously. There was then a further discussion with the City Fngineer of what type of additional information the Council sought for the rebuilding of 29th Avenue project and Councilman Haik thanked Mr. Comstock for the preparation of the supplementary information he had already provided. The memo from Comstock & Davis regarding the additional right of way which the city will need to acquire at the corner of Silver Lane and Silver Lake Road for Sidewalk Improvement Project 1975-01 was then discussed with the Fgnineer. He explained that if the walkway was not set back 3 ft. from the curb, it must by requirement of the Ramsey County Highway Department, be constructed of concrete. Councilman Haik and the Manager told of their contacts with the owner of the property involved, Mr. Cottle, regarding obtaining such an easement. Motion by Councilman Haik, seconded by Councilman Sundland to direct the Manager to acquire the 3 foot wide easement necessary for a 5 ft. walkway at the corner of Silver Lane and Silver Lake Road. Motion carried unanimously. The Public Hearing regarding the Walkway Project north of 37th Avenue N.F. on Silver Lake Road had to be postponed until June 10th because of an error in publication. • Mr. Comstock then reported that an analysis was being made of the compacting work being done by the Lamppa Construction Company to ascertain whether the work meets the requirements of the company's contract with the City on the Water Improvement Project 1974. -6- Councilman Haik requested that a discussion of restricting the swimming along • Silver Lake Road on Silver Lake be placed on the agenda for the next meeting. Motion by Councilman Stauffer, seconded by Councilman Sundland to authorize the City Manager to use his own judgment to award the contract for the repair of the tennis courts to the most responsible bidder. Motion carried unanimously. Motion by Councilman Sundland, seconded by Councilman Stauffer to direct the City Manager to prepare a cost consideration for possible lighting of the corner near the caboose in Central Park. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Haik to direct the Manager to indicate to Ramsey County the City's approval of the left hand turn in the vicinity of +0th Avenue N.L. to service the property to be developed by Gordon Hedlund upon receipt of a signed agreement from Mr. Hedlund and payment and to direct the City Attorney to prepare the agreement. Motion carried unanimously. The letter from Ramsey Co. League was filed as informational. The letter and petitions from residents requesting a bus stop at 38th Avenue N.F • and Silver Lake Road was directed to be forwarded to the MTC. Motion by Mayor Miedtke, seconded by Councilman Sauer to direct Constructive Design to prepare the plans for a Peanut Bar in the basement of the Municipal Liquor Lounge. Motion carried unanimously. Motion by Councilman Sundland, seconded by Mayor Miedtke to deny the request from Craig Perry, 2911 Armour Terrace, to have the basketball court at Silver Point converted to a tennis court and to direct the Manager to write Mr. Perry a letter indicating the present court is not regulation size for a tennis court and the City does not have the $10,000 available for such a conversion. Motion carried unanimously. Motion by Councilman Haik, seconded by Councilman Sauer to follow the recommend- ations of the Supt. of Public Works and prohibit all parking along Anthony Lane N, Motion carried unanimously. The Police and Fire Reports for April, 1975 were directed to be filed. Councilman Stauffer outlined the changes she was suggesting to be made in the Human Relations Committee's Affirmative Marketing Plan and recommended the letter backed by a resolution from the Council be sent to the suggested firms by the • Committee. She will attend the Committee's meeting June 9th and report back to the Council at its meeting June 10th. The Manager reported on the meeting of the Ramsey County League and the League of Minnesota Municipalities, June 10, 11 and 12 meeting was discussed. a —7— Mr. Dulgar also told of the joint Council/School Board Meeting scheduled to be • held at the Salvation Army campgrounds June 16, 1975. Motion by Councilman Haik, seconded by Councilman Sauer to direct the City Manager to write a letter to the State Highway Department and thank them for the installation of a 4 way stop at the corner of St. Anthony Boulevard and Hwy 8. Motion carried unanimously. Further problems with the sanitary and sewer systems of the City during the latest downpours were indicated and the Manager told of efforts being made to prevent installation of drain tiles which are in violation of City ordinances. The note from the students of St. Anthony High School regarding the music festival planned for June 4th had been delivered to the Manager during the meet- ing but no firm plans were provided and Mr. Dulgar reported the reluctance of the school administration to back the project. Motion by Councilman Stauffer,seconded by Councilman Haik to direct the City Manager to ascertain whether the conditions set by the Council on May 13th for a music festival in Central Park June 4th have been met and to poll the Council members for further action as soon as he has that information available. Motion carried unanimously. Motion by Councilman Sauer, seconded by Councilman Sundland to grant a license • for rubbish hauling to Knutson Hauling. Motion carried unanimously. Motion by Councilman Haik, seconded by Mayor Miedtke to approve all verified claims listed in the May 27th, 1975 agenda. Motion carried unanimously. Motion by Council-man Sauer, seconded by Councilman Haik to adjourn the meeting at 12:15 A.M. Motion carried unanimously. Mayor A TTnS T: Cry Clerk C Man er