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HomeMy WebLinkAboutCC MINUTES 03011977 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iossaz Box: 35 Folder: CC MINUTES AND AGENDAS 1977 Document: CC MINUTES 03011977 • CITY OF ST. ANTHONY COUNCIL MINUTES March 1, 1977 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 Jim Fornell, Adm. Asst. Larry Vickrey, City Attorney The following correction was made to the minutes for the Council meeting held February 8, 1977 : Page 5, paragraph 9 : Last sentence should read : "The agenda was resumed after completion of the discussion and prior to adjournment" . Motion by Mayor Miedtke and seconded by Councilman Sauer to approve the February 8, 1977 Council minutes as corrected. Motion carried unanimously. Ken Hiebel, Chairman of the Planning Board, presented the recommenda- tions to the Council as contained in the Board 's minutes of their February 15, 1977 meeting. The first item he discussed was the Board' s unanimous recommendation for approval of the request for concept approval for a warehouse addition to the existing Berger Transfer Company building on 37th Avenue N.E. which will be constructed between that building and the Auto Trac building on 37th and will extend back to the power company easement to the north. John Murlowski of Belair Builders discussed the site plans and said the width of the building had been lessened to 152 feet in order that it might conform to the 15 foot side yard requirement required by the City zoning ordinance. Motion by Councilman Sundland and seconded by Councilman Stauffer to follow the recommendations of the Planning Board to grant plan approval to Berger Transfer Company for the addition to their building on 37th Avenue N.E. as presented, subject to the front facade matching the existing building; the front yard setback being compatible to the adjacent structures and allowance of a 15 foot side yard, with the • final review of the building plans to be made by City staff to assure compliance with all City and State codes, regulations and ordinances . Motion carried unanimously. Preceding his review of the Board's actions taken following a Public Hearing on rezoning the Hedlund property, the Chairman commented on how the procedures which had been set up by the Attorney had made it so much easier to conduct such a meeting and had provided a more workable approach to the development of the property. John Daubney, attorney for Mr. Hedlund and Carl Dale of Design Plan- ning Consultants then discussed Mr. Hedlund's request for rezoning from "R-2" to "C" Commercial the approximate 5 acres which he owns across Silver Lake Road from Apache Plaza, saying the applicant had no choice but to seek "Commercial" zoning for that tract since the "PUD" under the City's new zoning ordinance with its restrictions of 20% commercial did not provide a vehicle for developing the concept which had been planned by Mr. Dale. The attorney then read letters from Midwest Federal and the First State Bank of New Brighton stating those institutions ' unwillingness to provide funding for either bunga- lows or duplexes on Mr. Hedlund's land because of its proximity to Apache Plaza and the heavy traffic on Silver Lake Road. Mr. Daubney felt these letter supported Mr. Hedlund's contention that the land • could not be developed in the manner in which it is zoned. He said the plan Mr. Dale had conceived called for 40% of the tract along Penrod Lane being developed for single family residences with the re- mainder, except the buffer area between the two, being commercial . His client, Mr. Daubney said, is not developing the residential portion first because he wants anyone who purchases or builds one of those homes to be bound by written affirmation of knowledge that the westerly portion of the development will be commercial. Mr. Daubney said Mr. Hedlund was willing to have a legally binding agreement worked out between the City Attorney and him which will allow his land to be developed as per the proposal advocated by Mr. Dale. The planner then presented the same plan he had proposed during the Public Hearing and reiterated his objections to the City zoning ordin- ance as a vehicle for accomplishing that project and providing a means of controlling the architecture so that a "village-like" concept could be achieved. He said he felt the Planning Board and residents had agreed to his approach of developing the land but wondered how controls could be written into the agreement which will provide the necessary means of controlling the uses by the public. Mr. Hiebel as a clarification then read the Board 's motion which in- dicated their intentions to let the Council know they felt the proposal might deserve consideration subject to ordinance modification or vari- ances particularly as applied to the "PUD" section if a proper vehicle for controlling the usage can be worked out with the City staff. • (2) • Mr. Daubney agreed that the ordinance could not be tailored to fit the Hedlund Property but was willing to work with the City Attorney on a viable alternative which might provide a wider range of possi- bilities. The Mayor then called for a motion reacting to the Board's recommenda- tion regarding the rezoning request. Motion by Councilman Sundland and seconded by Councilman Sauer to deny the request from Gordon Hedlund to rezone to "C" (Commercial) the west 187 feet of Lot 10 and the west 147 feet of Lots 11 through 16 , Block 6 , Mounds View Acres, Second Addition. Motion carried unanimously. Mr. Vickrey then said the ordinance had been written with the under- standing that there might be some changes in the percentage of commer- cial allowed under the "PUD" but said "all the controls which are necessary are already in the ordinance" . He told Mr. Daubney that he saw no legal questions which had to be worked out at this point. The Mayor affirmed this point saying "he (the City Attorney) is not about to put arbitrary numbers or uses into the ordinance without Council direction" . He said he felt the consensus of the Council was not to rewrite the City zoning ordinance in total for the benefit of the Hedlund property but they could at least agree to discuss some vari- ances for commercial development. • Councilman Haik said the only request they had to consider was for commercial development and she did not feel the Council knew enough about "what the concept was the petitioners were proposing" and could see no merit in involving the staff in working on a proposal for greater commercial usage of this land than is already allowed in the zoning ordinance. The new ordinance had been written, she said, after many proposals for the development of this particular portion of land had been considered and had been set up to categorically prohibit the buffering of "commercial by commercial" . It was her contention that the new zoning ordinance provided an alternative to the use of the land only for residential when the "light office" classification had been set up. Mr. Daubney said there is no demand for an office park of the size of this parcel. He said his concept would call for a use somewhat less than commercial but more than service office. Councilman Sundland said he could see approving an agreement which would control usage but all he could see in Mr. Dale' s plan were three block buildings suggest- ing density on the land and Mr. Dale affirmed that the buildings were only conceptual. The councilman then said he would be willing to have the City staff work with the developer and attorney for Mr. Hedlund on a plan which could be fitted into an acceptable PUD but wanted it understood that any use proposed must be of low intensity which would help the surrounding area and not hinder it. He said he could favor is (3) I • a use somewhere between commercial and limited office but which would be closest to the office use. He warned the petitioners that under no circumstances would he ever vote for general commercial usage for this parcel. He would also not want a segmented shopping center which would compete with the existing shopping agea. Any use which would generate an offensive odor would also earn his opposition. Councilman Stauffer suggested that if there is no demand for exclusive use of the tract for service offices , as Mr. Daubney has contended, there might be for a mixture of residential and limited office uses. She felt the motion to deny the rezoning for commercial should be a signal to Mr. Hedlund that there is a general feeling in the Council of disapproval of any commercial use for the westerly portion of his land and agreed with Councilman Sundland that there are many uses set up under "B" (light office) in the ordinance which are more compatible to the residential neighborhood. She believes the Hedlund strip has to serve as a buffer between the commercial and residential and "just putting in trees does not do a good job of buffering" . The councilman pointed out that when the new zoning ordinance was written a category which was less then "commercial" was added and felt "service offices" or "multiple dwellings" would provide such a valid buffer. Mayor Miedtke said he might be more comfortable with a one story com- mercial building than a 4-story office building feeling a one or two story building is more in keeping with the intent of the ordinance. Motion by councilman Stauffer and seconded by Councilman Sauer to re- quest the Planning Board and City staff to work with the concept that has been proposed by Mr. Hedlund to see if the plan can be fitted into the City's "PUD" category in the zoning ordinance. Voting on the motion: Aye: Sauer, Stauffer, Miedtke and Sundland Nay: Haik Motion carried. When Chairman Hiebel questioned the role the Planning Board would play and whether it was necessary to involve all the neighbors (12 of whom were present and did not speak) in what could result in a never ending series of public hearings, the Mayor said it was not the job of the City to design the plan but the onus was on the petitioners to incor- porate the directions they had received from the evening's discussion and prepare the proposal and any supporting documents for City staff reaction and with the proposal then sent for confirmation to the Planning Board who will in turn give their recommendations for action on the proposal to the Council. He then commended the Chairman and the Board for the excellent job they had done in handling the public • hearing on the Hedlund request. (4) • Mr. Hiebel then resumed his report of the Board' s February 15th meet- ing mentioning the Poppin Fresh request on which no action had been taken and informing the Council of the matters which the Board anti- cipates considering in the next few months . The meeting was recessed from 8: 40 to 8 : 55 P.M. Motion by Councilman Haik and seconded by Councilman Sauer to adopt Resolution 77-016. RESOLUTION 77-016 A RESOLUTION RELATING TO THE ENDORSEMENT OF STATE FINANCING FOR CERTAIN FEATURES OF 911 EMERGENCY TELEPHONE SYSTEMS Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to adopt Resolution 77-017 authorizing the submission of a revised ap- plication for Community Development Grant funds. RESOLUTION 77-017 A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF ST. ANTHONY REVISED GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY • COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Motion carried unanimously. The Council considered item by item the new licensing ordinance dis- cussing the Manager' s February 24th memorandum which pinpointed any concerns the Staff had about the ordinance. Motion by Councilman Sundland and seconded by Councilman Stauffer to waive further readings and adopt the licensing ordinance with revisions as agreed upon. ORDINANCE 1977-002 AN ORDINANCE RELATING TO AND REGULATING BUSINESS ACTIVITIES; PROVIDING FOR LICENSES; AMENDING SECTION 510 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Mr. Vickrey spoke of the new State legislation dealing with the licens- ing of bicycles. Motion by Councilman Sauer and seconded by Councilman Stauffer to adopt the ordinance relating to the licensing of bicycles . • (5) - • ORDINANCE 1977-001 AN ORDINANCE RELATING TO LICENSING OF BICYCLES; A- MENDING SECTION 405:05 AND SUBDIVISION 2 OF SEC- TION 560 :00 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Dennis Engle, 4081 Foss Road, presented the St. Anthony Jaycee 's plans for presenting the Distinguished Service Awards to deserving City residents and requested the organization be allowed to make the presentation during the Council ' s April 12 , 1977 meeting. The event will be placed on the agenda for that evening. The Council discussed with staff the urgency of raising the sewer rates this year especially in light of the published prediction that there would be a tripling of the cost of operation of the metro areas waste treatment system by 1986. The Manager advised that the City will read all meters possible during March so that accurate readings can be established on which the new rate can be assessed. Motion by Councilman Stauffer and seconded by Mayor Miedtke to waive further readings and to approve Ordinance 1977-003 establishing (the new sewer rate of 50� per 100 cubic feet) effective the first quarter of 1977 . • ORDINANCE 1977-003 AN ORDINANCE RELATING TO SEWER RATES AND CHARGES; AMENDING SECTION 540 :00 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Haik and seconded by Councilman Sundland to in- dicate approval of the proposed permit forms , rules , etc. , regulating the holding of softball tournaments in the City. Motion carried unanimously. Motion by Councilman Haik and seconded by Mayor Miedtke to request the Manager to reply to the February 7, 1977 letter from Senator Robert M. Benedict indicating that, though the Council could not ap- prove any further complication of the property tax system, it would like to see some credit granted through the income tax system which would encourage homeowners to upgrade their existing residential pro- perty, especially through energy saving improvements . They also direct- ed a copy of this letter be sent to each of the City' s representatives in the State Legislature. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to approve payment of $750.00 for Labor Relations Subscriber Services to • the League of Minnesota Cities. (6) . J • Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to pay $150.00 to the Suburban Rate Authority. Voting on motion: Aye: Sauer, Sundland, Haik and Stauffer Nay: Miedtke (opposed on principle) Motion carried. Councilman Stauffer questioned whether, in view of the scope of the diseased tree problem in the City, licenses should be required for all persons who are engaged in the business of tree removal or treat- ment, citing the problems residents are experiencing now getting firms to perform such services. She doubted the deliverers of such services would take out a license in each of the municipalities which required them and the residents ' difficulties in having their dis- eased trees removed would only be intensified. She felt small pro- viders of these services should not be discouraged. Motion by Councilman Stauffer and seconded by Councilman Haik to table action on the ordinance relating to licensing of tree removal or treatment. Motion carried unanimously. Motion by Councilman Stauffer and seconded by Councilman Sundland to approve the City's entering the Employee Assistance Program. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to adopt a resolution indicating support for the expansion of the State Planning Agency so all Minnesota municipalities will benefit from it and to direct a copy of the resolution be sent to all the City's repre- sentatives in the State Legislature . RESOLUTION 77-018 A RESOLUTION PERTAINING TO THE ADDITION OF SELECTED MUNICIPALITIES TO MINNESOTA'S MUNICIPAL FINANCE STUDY Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Sundland to ac- cept the bid and award the contract for repair of Well #4 Pump and High Service Pumps to Layne Minnesota. Motion carried unanimously. • (7) • The January report from North Memorial Medical Center was filed. Motion by Councilman Stauffer and seconded by Councilman Sauer to deny a permit for door to door sales to World Citizens, Inc. , because activities in the City are prohibited by Ordinance 955. Motion carried unanimously. The March 16th public hearing of the Metropolitan Council dealing with the adoption of rules governing matters of metro significance was noted. Motion by Councilman Sundland and seconded by Councilman Sauer to ap- prove payment of the City's final allocation of S .A.C. lawsuit costs amounting to $487 .00 . Motion carried unanimously. The date of the City's Board of Review will be May 12 , 1977 at 7 : 30 P.M. The annual Police and Water Reports were noted and filed. Councilman Stauffer personally invited Council members to attend the work session on zoning administration to be held in the New Brighton • Council chambers at 7 :00 P.M. , March 9th. Her letter of invitation has also been sent to members of the Planning Board. Councilman Haik reported on conversations she has had with residents regarding possibility of redevelopment of the Salvation Army camp. Mayor Miedtke gave the current information he has regarding the residence for the elderly which is proposed to be built across Stinson Boulevard from the Apache Medical Center. Motion by Councilman Stauffer and seconded by Councilman Haik to have the awarding of citizenship to the AFS student living in St. Anthony, Emelia Garcia placed on the March 29th agenda. Motion carried unanimously. When questioned whether sending a City mechanic to the Auto Trac auto repair school conducted by Councilman Sauer is legally permissible, Mr. Vickrey said the amount involved was only $45.00 and would have to come to more than $1,000.00 to cause a problem. Mr. Vickrey left the meeting at 10 :30 P.M. Councilman Haik and Sundland as well as Mr. Dulgar plan to attend the League of Cities Conference in Washington, D.C. March 6th, 7th and 8th. The February 25, 1977 recommendations regarding the special assessment • litigation from Roger Drawz, the City's consultant attorney, will be (8) • placed on the March 15, 1977 agenda. A discussion led by Councilman Sauer regarding the declining liquor store revenues resulted in the request that the Manager set up a meeting with the Liquor Store Manager prior to the March 15th meeting from 6 : 30 P.M. to 7: 30 P.M. Motion by Councilman Sundland and seconded by Councilman Haik to ap- prove granting of licenses listed as A through F in the March 1, 1977 Agenda with the addition of a vending license for Vendall Company for a rack candy machine. Motion carried unanimously. Motion by Mayor Miedtke and seconded by Councilman Sundland to table action on the temporary beer license for the Berger Softball Team until the March 15, 1977 Council meeting as per the applicants ' re- quest. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of all Verified Claims listed in the March 1, 1977 Agenda. • Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Sauer to ap- prove payment of $334 . 50 to Comstock & Davis , Inc. , for information and assistance given to the Hennepin and Ramsey counties on County Road D. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to approve payment of $3, 862 . 51 to the Dorsey form for services rendered in January, 1977 . Motion carried unanimously. Larry Hamer's recommendation of March lst regarding the purchase of a backhoe and bobcat was discussed. Motion by Councilman Sundland and seconded by Councilman Sauer to ad- journ the meeting at 10 :55 P.M. Motion carried unanimously. c • Mayor ATTEST: 6 AA-i i(� • City Clerk City r fidge (9)