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HomeMy WebLinkAboutCC PACKET 04281987 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooszs Box: 16 Folder. CC PACKETS 1981-1984 & 1987 Document: CC PACKET 04281987 C = TY OF' ST _ ANTHONY C O UN C = L AG EN D A A P R I L 2 8 , 1- 987 7 = 3 0 P _ M A. Call to Order/Pledge of Allegiance. B. Roll Call. C . Board of Review ( April 14 , 1987 Minutes ) . O � '� D. Approval of April 14 , 1987 Council Minutes . ��f Sys Ip SI E. Licenses/Permits/Petitions . � 04, F. Presentation of Claims . 1 . Verified Claims . 2 . BWBR Architects - $4 , 098 . 19 . 3 . BWBR Architects - $5 , 339 . 33 . 4 . Metropolitan Waste Control Commission - $24 , 896 . 08 . G. Reports . 1 . Planning Commission Meeting, April 21 , 1987 . a . B. Peterson for 3301 East Gate Road, setback variance. is b. Equinox Apartments , 2808 Silver Lane, sign variance. C . D. Evanson for approximately 3512 Silver Lake Road, subdivision without platting. d. D. Nelson for 3412 Roosevelt Street ( had been tabled) , setback variance . 2 . Council. 3 . Departments and Committees. a. Edward J. Hance Law Offices , re: Matters conducted at the Hennepin County District Court on April 15 , 1987 . 4 . City Manager. a . Staff Meeting Notes - April 21 , 1987 . H. Public Hearings . I . New Business . a. Quotations for Road Materials . b. Bids on Off-Sale Liquor Store Remodeling. C. Bids on Bar Furniture for Liquor Store. • J . Unfinished Business . a. Ordinance 1987-002 , re : Definition of family size , parking. K. Adjournment . C='2'Y OF ST o AYNYTHONY • BOARD OF FtEN7= EW AP-R2L 14 0 1. 987 The Board of Review was called to order by Mayor Sundland at 6: 30 P.M. Present: Councilmembers Marks, Ranallo, Enrooth, and Makowske. Also present: David Childs, City Manager Robert Hanscom and Tom Holmes, Hennepin County Assessors Three property owners were present to discuss the assessed valuations the assessors had designated for their . St. Anthony properties. The Mayor explained the procedure which would 'be followed that evening as well as the appeal process which they could pursue through the county and state tax agencies if they were not. satisfied with the Council' s judgments that evening. Mayor Sundland also advised them that the Council had established a policy of only considering changes of more than $1,000 ( should have been $1, 500 according to last year' s minutes) in what might be perceived by a property owner to be an incorrect valuation of the property being considered. • Peter Mazurko Questions Increase in Valuations for Split Level Homes Mr. Mazurko told the Council that: -at his request, his property at 3216 Belden Drive had been given an on-site inspection April 9th, after which he had been advised by a letter from Mr. Hanscom that the formula originally used to determine his assessed vaivation had been correct and that valuation would remain; -even_ after discussing the matter further with Mr. Hanscom that even- ing, he still questioned why his valuation should have risen 5. 6% while the valuation of a more expensive rambler next door which had been constructed along side his home after the tornado at the same time in 1983 , and inspected by the same inspector in 1984, had only experienced a 1 . 06% increase; -the rambler has 3 , 456 square feet of finished space where his split level has only 1 , 846 square feet; -his valuation had increased $5 , 600 from $98 , 300 to $103 ,000 this year where the rambler, which had cost much more to build than his house, had had its valuation raised from $113 , 100 to only $114 , 300 in 1987 ; • -he couldn' t understand why both structures weren' t appreciating at the same rate although Mr. Hanscom had told him it was his "style of house"which had caused his home to increase faster in value; -2- • .-the assessor had indicated split levels were appreciating in valua- tion faster than ramblers and that it had been the computer which had made the determination of just how much more his valuation should be raised over the ramblers; -he would like to know just what type of data had been fed into the computer to make this determination; -he had to concede, however, that he perceived his home was worth more than it had been -assessed for; but he would be willing to borrow $11,000 to purchase the house next door if by doing so he could gain another 1,800 square feet of living space; -he also couldn' t quite understand why the three bedroom rambler on the other side of his property had only received a 1/2o raise in valuation; and -he also wondered why three properties sitting next to each other weren' t escalating in value at- the same rate. Assessor Hanscom' s Response -said although the assessors do rely heavily upon the computers to- make the final calculations, those -figures are always based on data like the sales of like properties and characteristics of the pro- perties being evaluated which are put in by the assessors themselves; -indicated the assessors by analyzing information in the data bank . can pretty much tell how the market is going in relation to a specific type of property; -reported that this year in looking at split levels, the assessor had perceived they appeared to be further short. of the market than ram- blers and therefore deserved a larger increase in valuation to main- tain a good level of market value; -told Mr. Mazurko the assessor is satisfied the equity is there to support the raise in valuation for his house, as is true, with maybe a few exceptions, of most houses in St. Anthony;- -perceived the evaluation process in the City is better than it has ever been but the assessors are working hard to make it even better; -added that 250 of the City is evaluated on an individual, door-to door basis each year and the City takes an- active role in seeing that those evaluations are correct. Mayor Sundland told Mr. Mazurko that, since he had already had, a physical• inspection of his property, the Council would. probably not include it in -3- those properties for which inspections would be ordered that evening. However, he reiterated the options the property owner had to appeal the assessor ' s evaluation, saying he had no idea what. the ratio was for successful appeals in the past. Mr. Mazurko Indicates He- Would Carry His Concerns No Further -said he had only come to this hearing to get a better understanding of how valuations are determined; -indicated he would not go any further now that he had admitted he believed his home was worth at least as much as it had been assessed; -was concerned that he might be looking at a $5 ,600 raise in valuation each year when the owners of the ramblers on each side of him would be experiencing raises of $1, 200 and less; -said, 'if that continued, he would be selling his house and buying a rambler; -still wondered why properties sitting next to each other weren' t escalating in value' at the same rate.; -believed nothing had really changed since the 1984 inspection each home had been given except that the rambler 's owner had finished off his basement which should have at least raised its valuation to the same level as his; -questioned what sort of data the assessors put into the"computer be- cause he didn' t think there were that many split levels in ' St. Anthony. Mr. Hanscom responded by saying: -he thought there were a good number of split levels in St. Anthony and not only these, but all split levels county-wide were considered in making this year' s determination; -on a general level, all split levels were being assessed more in Hennepin County; however, -he did not know whether or not the same treatment might be given to this type of property in Ramsey County. Mr. Hanscom conceded that "assessing was not an exact science" because all homes were probably not going to be sold for the market value placed on them by realtors, who rarely agree with each other on those estimates. Mayor Sundland told Mr. Mazurko he appreciated his honest assessment of his home ' s value because the Council would become very concerned if a number of homeowners reported their homes were worth less than they were assessed. -4- • Mr-. Hanscom told Councilmember Ranallo the reason there had been a deviation between the raises the two ramblers experienced could have been because of different characteristics of the two properties. He said the assessors had looked at the Parade of Homes last year to -see how costs of various aspects of properties . like decks, finished basements, fireplaces, etc. had escalated and that information had been fed into the computers. Therefore, one of the ramblers might have received a higher valuation because of a fireplace or something else the other didn' t have, he added. Mr. Childs pointed out that Mr. Mazurko had said one of the rambler' s owners had -finished off his basement since the last physical examination of the property in 1984 and those improvements had probably not yet been included in the valuation assessment. Mr. Hanscom agreed that. the only way the assessors can know about such .improvements without inspections is if a building permit is issued by the City. This would be remedied when that quadrant is inspected by the assessors in 1988 . Mr. Mazurko reported the interior of his- previous home across from St. Charles Church had never been physically inspected while he lived there between 1973 and 1983 . He also denied ever receiving a notice that the assessor had attempted such an inspection during that period. LaVonne Fritz, 3105 Croft Drive, who was also present to protest her assessed valuation, told the assessors that "never in the 26 years I 've lived in my home had -I had ' a physical inspection of my property by the County .Assessors. " No action was deemed necessary related to Mr. Mazurko' s .property.. On-site Inspection of Office Condo in Northgate Office Park Requested by Tim Tromiczak Mr. Tromiczak told the Councilmembers: . -commercial evaluations had been explained to him by Mr. Holmes who had said his valuation was based on comparables for recently sold' condos in this and similar office complexes; -his own valuation had gone from $81,300 to $81 , 400 which sounded fair to him since the . last condo .sale in the office park had been for $94 ,000 until' he had gotten appraisals from three different realtors which had been for much less than his assessed valuations; -Thorpe Realty had told him the best he could hope to sell his condo would be between $68,100 and $71,000 because the- new tax laws made such investments less desirable. Calhoun Realty had suggested the property would sell for around $70 , 500 and a local realtor, Dave Forsythe, had estimated the condo would probably only sell. for $69 ,000; • --5- • -he was also given to understand most commercial -property values had dropped 17% since the new tax law had passed. The office condo owner said further: -his condo is divided into three 360 square foot offices for which he asks rents of $295 , including utilities; -he has had a 30% vacancy for the past six months but, even with a 1000 occupancy, he would be paying 1/3 of this. income in taxes on the property; -he considered the rents in the complex to be realistic even though there is a 40% vacancy; and he-.perceives it would be necessary for him to go to the bank for help before he could even sell his property or else continue to lose money every month. When he asked the realtors what he could do to solve hi's al lemma, -Mr. Tromiczak 'said he was told, if he .could get his taxes reduced, the condo might be , perceived by prospective buyers to be more profitable and its value might even be raised up to the $75 ,900 he paid for,_ it in the fall of 1985 . Assessor's Response Mr. Holmes indicated it had been he who had set the assessed value on Mr. Tromiczak' s condo and had explained to him over the phone that: -all sales which had taken place at the Northgate had been original developer sales to first owners and each and every one of `them.,had been in excess of what their 1987 assessed valuations were; no- secondary sales had occured which could provide a basis fore reducing those valuations; -the condos which have been sold had been purchased over the last two years. There had been gradual price escalations for those properties during that period and those prices have all been met'. Mr. Hanscom added that: residential. and commercial condos started out as very popular pro- perties to own; -assessors look at the sales a year prior to the assessments so any slide in value since January, 1987 , would not be reflected in this year ' s evaluations ; -properties that sell in 1987 will be used to determine the 1988 assessment. Councilmember Enrooth wondered whether there was any provision for rebating a 12% to 15% differential which might exist in this case. He said if the last sales in this complex preceded the tax law changes that might account for the difference between what was paid for a condo in* 1986 and what could be gotten for one after last December. He and Councilmember Ranallo both said they doubted the property in. question was worth as much now as it had been in early 1986. Mr. Hanscom told. Councilmember Marks the assessors are continually evaluating commercial property and there is no evidence in the market that office space in general .has been adversely impacted by the change in tax laws. To the contrary, that market has been consistently going up. He also said he could not predict how his office would react to realtors ' appraisals of this property and was not certain whether the sales which had been used as a basis for Mr. Tromiczak' s valuations had been made before or after the new tax laws had gone into effect. Council Action Motion by- Marks, seconded by Enrooth to request the Hennepin County Assessors reevaluate the Northgate condo property owned by Tim Tromiczak, 1797 Spruce 'Court, and to report back the results of that reconsideration when the Board reconvenes in two weeks. Motion carried unanimously. LaVonne Fritz to Appeal Reevaluation of Her Property at 3105 Croft Drive to the Hennepin Board of Equalization The property owner indicated the following about her property: -she and her ex-husband had literally "hand built the entire split level except for digging the basement, between 1961 and 1962" ; -her valuation had increased $29 ,000 or 43% from $68,000 in 1981 to $97 ,000 in 1987 ; -this included a 32% raise she had experienced in 1982 when the pro- perty was transferred to her name after her divorce. That increase had been reduced to 26% through the efforts of .Hennepin County Com- missioner Sam Sivanich. None ,of this had come about because of an assessor ' s inspection and no notice of an attempt to inspect her property had ever been left at her door. Ms. Fritz said because she had no response to her phone- call - to the assessors protesting her valuation raise, she had written them a letter. Her first response to that had been a call to her at work last Friday asking her to get home before 4 :00 P.M. to enable the assessor to inspect her home. She said this had been very difficult for her to do because she was in a training program at the Health Department and she had . let • the young assessor know she was not happy about that when she met him at • -7- 4: 00. The assessor had been very courteous in spite of this, the property owner said and following his inspection had adjusted her valuation down to $93 , 500. However, Ms. Fritz said, she had taken advantage of three realtors ' offers to give a free appraisal of her home and they were all within $4 , 000 of each other in suggesting she might get from $86 ,000 to $90 ,000 for her home, but only after she had spent between $7 , 000 and $8,000 to remodel her kitchen and finish off the second bathroom she has in the basement. Ms. Fritz said her home has only one fireplace, one ceramic bath and no deck and from what she has observed from sales in the Village, she does not believe her split level home is assessed at or below its market value. She said Bill Bowerman' s split level house which is near her had sold for $107 ,000 last year, but she perceived that house had -been far superior to her home in quality. She concluded by saying she perceived the assessors "were doing a number on me. " This statement 'drew the following responses: Sundland -pointed out that his own home, which he had built for $20 ,000 , had increased in value at about the same rate as • Ms. Fritz ' s home over the years. Ranallo -suggested a paid-for appraisal might have come in higher; -indicated the County had probably picked up on the change of property owners in 1982 and raised its assessed valua- tion without an inspection. Hanscom -said he had talked to the assessor who had inspected the Fritz property and supported his estimate that the valua- tion should be reduced no further than the $93, 500 ; -told Councilmember Marks the Board of Equalization would weigh a paid-for, market rate, real estate appraisal against the assessor' s recommendation and he had no idea which would prevail. Marks -told Ms. Fritz it sounded to him like she might have better success taking her case to the Board of Equalization than, she would having another inspection of her property. The property owner agreed, saying she had only wanted to make a statement at this hearing and had intended at the beginning to address the Board of Equalization about her concerns with what happens to property after a divorce, perceiving . the treatment she received in this case was one of the reasons women and children end up being poor. a l Council Action The following motion was made to enable Ms. Fritz to take the second step in the appeal procedure: Motion by Ranallo, seconded by Marks to 'uphold the assessed valuation the Hennepin. County Assessors Office had placed on the property at 3105 Croft Drive after they had' made an on-site inspection of the premises. Motion carried unanimously. BOARD OF REVIEW RECESSED Motion by Ranallo, seconded by Marks to recess the April 14,,- 1987 Board of Review at 7: 35 P.M. . to be reconvened at 7 : 30 P.M. at the. start of the Council' s April 28 , 1987, meeting. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: City Clerk r • C=r-r'Ir OF -CS 91 e ANTHONY , CO.gJNC��, M�NUTFS AP1R3tL 14 , 3- 9x7 The meeting, which followed the Board of Review, opened at 7: 38 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. Also present: David Childs, City Manager William Soth, City Attorney Don Hickerson, Chief of Police Ray Nelson, Liquor Operations Manager Beverly Fix and Jodi Brandt Recognized for Their. Life Saving Efforts -Ma,or Sundland presented Community Service awards to Beverly Fix, 2015 1.9th Avenue N.E. , Minneapolis, and Jodi . Brandt, 5080 Rainbow Lane, .Moundsview, for saving the life 'of - Eleanor Hawbaker, 2710 Stinson • Boulevard, 'in the' ,Snyder _Bros. Drug Store the morning .of February 24 , 1987 . He read aloud Chief Hickerson' s February 25th memorandum to the Council recommending special recognition be given these two for their quick- response to An apparent heart attack victim. In his memorandum, the ;Chief had reported St. Anthony Officer Ferguson had told him the fact that Beverly,- a. customer in the store, and Jodi, an employee, �iad immediately responded with CPR when Mrs. � Hawbaker collapsed in the- store had probably been directly responsible for. saving the victim' s life. The Mayor told the two women that* it was certainly a , pleasure in times like. these -where people are afraid of getting involved, to find persons like themselves who are willing to take a risk 'to save' someone else. He then presented the plaques commemorating their-, "outstanding service" to Ms., Fix and Ms. Brandt in the presence of a large number of their family members and friends. Chief- Hickerson shook each of their hands as well. Progress Report Given by Outgoing Director of North Suburban Youth Service Bureau, Dave Wilmes Before giving the above, Mr. Wilmes commented on how:--mov-ing it had been For him to .witness,. the outpouring of support given the two heroines by their families that evening, because.- !'families is what. the Bureau is all about. "- The Bureau Director said he ':,Mould be leaving the agency after 2-1/2 years of redirecting its funding to a more aggresive program. He • said the funding goals are aimed a_t' collecting $250,000 in two years and where the previous efforts were 85% directed towards obtaining tax based �J r ' e -2- funds-, that percentage would be reduced to 45%, with 30% from fees and • third party insurance reimbursement for services and between 20% and 25% from private sector fund raising. However, Mr. Wilmes said, he perceived to preclude tax based support would be disastrous because it would cripple the other fund raising efforts. The Bureau Director said the need..for more family. oriented programs had grown to the point where those programs could never be supported under the old method of funding. He said the additional funds are needed to support the Bureau' s mental health program' s access . to psychiatric services as well as to increase the Bureau' s involvement in youth diversion, restitution and employment services. Mr. Wilmes distributed copies of the agency' s new brochures and its newsletter as well as the 1985 activity list which he had mistakenly brought instead of the 1986 listing. - Councilmember Marks, who chairs the Bureau Executive Board, gave each Councilmember a copy of the Bureau' s promotional card containing referral numbers and resource lists of agencies where 24 hour crisis service- is available. The Bureau services to St. Anthony continue to be conduited through the schools.. Mr . Wilmes said the agency continues to work intensely not only with the public schools, but St. Charles as well. St-. Anthony referrals from< shoplifting, restitution,. and employment have • been very positive according - to the Bureau Director. He and Councilmember Marks discussed the importance of .,, having first time offenders referred to the Bureau by' the- courts indicating they believed such referrals had probably cut down the instances of recidividism from.. 50% to 10% thereby saving many- kids and their families from entering the criminal justice system. This also saved a good deal of public money•, Mr. Wilmes added. He told Councilmember Ranallo the North- Suburban Youth Service Bureau is one of seven such organizations in the metropolitan area and of 24 statewide which are part of Youth Intervention Programming '(YIPI ) . He said he considered it "criminal" that the state contribution to the program is almost the same as ' St. Anthony' s. The Mayor congratulated the Director: f.or moving the fund - raising into the private sector, who he perceived in spite of taxpayers' misconceptions, continues to be willing to give to these types of needs. Councilmember Marks thanked Mr. Wilmes for his report and indicated the, Executive Board would be meeting the next morning to officially appoint his successor. - Mr. Wilmes told the Council he had been involved in a number of non= profit organizations but found- his Bureau association to be one of -the most satisfying. • -3 - MARCH 24 , 1987 COUNCIL MINUTES Motion by Makowske, seconded by Marks to approve the above with the following changes: Page 4 , para. 2: Substitute for Mr. Childs statement: the City does not compete with other public entities like a pri-. vate hospital would compete with a public funded hospital. " , for Mr. Childs' statement. Page 7 , para. 4 : Rewrite to say "The Council accepted the Planning Commission' s recommendation for allocating $26 , 460 in CDBG' funds. The City may or may not get the . funds because of the President' s budget. " Page 9 , para. 4: . Correct typo "khe" line 8. Page 12 , para. 4: Substitute "opened" for "accepted" in line 2 . Page '13 , para. 6: Substitute "would" be available" for "would work" in line 2 . • Motion carried unanimously. APRIL 2 , 1987 SPECIAL COUNCIL MEETING MINUTES Motion by .Enrooth, seconded by Sundland to approve the above with the following change: Page 1 , para. 8 : Substitute "reviewing with" for "refreshing" in line-1. Motion carried unanimously. Sequence of 'Agenda Items Adjusted Mr. Childs requested Items H (b) and (d) be moved up on the agenda so Mr. Nelson would not have to wait until- the - end of the meeting to provide his input related to those issues. His suggestion was accepted. NEW BUSINESS- Resolution Against Legislation Allowing Sale of Wine .in - Grocery Stores Adopted The format of a letter the City Manager was proposing be sent to Senator John Marty had been provided Councilmembers and supporting data had been • included in the agenda packet. Mr. Childs reported ,-the legislator had taken no position on the issue when the Manager had talked to him. The Senator had said he was not opposed to the sale. of wine in grocery stores per se but was concerned about the loss of this major revenue source for -4- • St. Anthony. At the suggestion of Councilmember Makowske, the issues mentioned in the letter were rearranged in the order of !their-., importance to the' City. The letter was to be delivered by. messenger 'and hand- delivered to Senator Marty by Councilmember Marks. The Manager was requested to incorporate the, general thoughts of the letter into Resolution 87-015, and to send copies -to the Executive Secretary of the Municipal Liquor Stores Association and ' to other state legislators, including Senators Novak and Pogemiller and Representatives Rose, Sarna, .and Wynia. Mr. Nelson indicated this legislation would be bad enough for the City' s liquor operation but if the strong beer bill was also passed, the City would be facing a severe revenue loss. Council Action Motion by Sundland, seconded by Enrooth to ' adopt Resolution 87-015. RESOLUTION 87-015 A RESOLUTION AGAINST LEGISLATIVE PASSAGE TO ALLOW THE SALE OF WINE IN GROCERY STORES Motion carried unanimously. • Bids Awarded for Stonehouse Audio, Lighting and Video ,System Mr. Nelson reported only- one bid had been submitted for the above and he was recommending the Entertech bid for $31 , 331 be - accepted per the specifications. . The .Liquor Manager indicated further that: -so far, $112, 000 had been bid for the bar addition. with the furniture costs to be rebid as ordered by the Council; -it appeared' the bar costs would come in under the $150, 000 provided. for that- portion of the project; - -the whole bar project had been designed around the sound system which he considered to be more--important than the restaurant which had been dropped from the plans in November when the total project had been bid too high to build; -he and Mr. Hamer had redrawn the plans . to include the kitchen and extra seating addition which they would present to the Council if the off-sale addition was bid low enough to keep the entire project under the $500 ,000 the Council had said it would spend; -he thought the extra seating addition would be necessary to provide enough seating to entice a restaurant owner into putting a restaurant • in; [J Mr. Nelson told Councilmember Ranallo that, although hd considered the restaurant to be important, he was convinced the bar would succeed without it. The Council responded by saying: : Makowske -recalled she and Councilmember Marks had thought from the start that serving food along with alcoholic drinks might alleviate some of the problems inherent in running a bar. Sundland -said he wanted assurances that the. restaurant concept had- not been entirely eliminated from the project. Ranallo -told Mr. Nelson -it was up to him to get back the customers the liquor operation had lost to other operations with what- ever changes he made. wondered whether the sound system would accomplish that better than the restaurant. Mr. Childs said he understood the Council' s direction had been to do the bar section first and then with a budget of $150 ,000 plan for the kitchen and extra. seating area in phases with whatever dollars are left over after the off-sale bids come, in, or whenever the . money becomes available. • Council Action Motion by Marks, seconded by Makowske to award the contract for $31 ,331 to Entertechn for audio, lighting fixtures and the video system for the Stonehouse' renovation project-, per the specifications. Motion carried unanimously. LICENSES/PERMITS/PETITIONS Motion by Marks, seconded by Enrooth to allow the tVM Post of the Knights -of Columbus to conduct a Tootsie. Roll fund raiser in St. Anthony April 24 and 25, 1987 , as proposed by the project chairman, Jim Ardito. Motion carried unanimously. Motion by Makowske, seconded by Enrooth to grant the following licenses as they were listed in the Council' s. April 14th agenda packet: Amusement St. Anthony Liquor ( 5 ) Contractors • Outdoor Development Action .Design Remodelers Heating Heating& Cooling Two, Inc. Rubbish Hauling Gallaghers Service, Inc. Motion carried unanimously. Temporary 3 . 2 Beer Permits for City Parks Motion by Ranallo, seconded by Sundland to grant a permit for the consumption of 3 . 2 beer to Susan V. Johnson, 3100 - 29th Avenue N.E. for the Minneapolis Emergency Communications and Police _softball tournament and barbeque to be held in Silver Point Park, May 3 , 1987 . The permit is granted only until 10: 00 P.M. which is the time the park officially closes. The Council also grants a permit to Shirley Nordahl, 3513 Skycroft Drive, for the family picnic to be held in Central Park from noon until 8 : 00 P.' M. , Mother 's Day, May 10 , 1987 . Voting on the motion: Aye: • Ranallo, Sundland, Enrooth, Makowske. Nay: Marks ( reiterated opposition to beer being served in .p.a-rks) . Motion carried. CLAIMS Motion by Marks, seconded by Ranallo to approve payment of all the verified claims for City- accounts payable for March 31 , 1987 ( 2) and April 14 , 1987 ( 1 ) which were included in the agenda packet and provided, by staff . The Council also approves all the liquor accounts payable for March 31st listed in the agenda packet. Motion carried unanimously. Motion by Marks, seconded by Enrooth to approve the following claims as they were listed in the agenda packet: *$6 , 690. 00 to be paid to Maple Grove Heating & Air Conditioning for the installation of a 3-1/2 ton air conditioning system in -the City administrative offices; *$1 ,835 . 25 to the Edward J. Hance law firm for City prosecution services from March 5 to April 1 , 1987 ; • - *$1 , 447 .78 to Bruce A-. Liesch Associates, Inc. as the City' s share of the costs of identifying the water plume which had contaminated the City' s water supply; *$6, 200. 00 to Stuart J. Bonniwe-11 for examining the City' s financial statement for 1986;, *$1,630 . 00 to the Briggs and Morgan law firm for legal services rend- . , ered through February, 1987, in conjunction with the City' s lawsuit against the U.S. Army. et al related to St. Anthony' s water con- tamination problems; and *$568 . 51 to the Dorsey & Whitney law firm- for legal services during February, 1987 . Motion carried unanimously. REPORTS COUNCIL. REPORTS City to -Seek Support for Attorney General' s Suit Against the Army • Mayor Sundland reported Senator Marty and Representative . Rose ,had been contacted to solicit their ,aid in heading off. any legislative effort which might diminish the Attorney 'General' s budget for trying to aid St.1.Anthony, New Brighton, etc. - in their attempts to get their water contamin'ati-ori. - problems rectified. The. Mayor said the City' s representatives had been asked to let the rest of the legislature know that these problems are not just New Brighton' s- but a regional problem which affects St. Anthony as well - because . =most news accounts have centered around only New Brighton' s problems and the possibility of the Army settling with that City. Councilmembers Report on Ethics in Government- Seminar Enrooth -said he had found the seminar very impressive, although the attendance had been relatively small; -indicated Steven Young, Dean of the Hamlin Law School had given a '-'brilliant presentation which was a classic. " Marks -agreed Dean Young' s talk had been very thought-provoking, citing the educator ' s breadth of understanding of history, religion, philosophy, and legal history which had been demonstrated in his replies to questions from the audi- ence; -repeated some of Judge. Kevin Burke' s insights into how to • fight crime, saying the Judge contended that to "throw the book at criminals was really not an effective crime deter- rent" ; -8- • -said the Judge was more inclined to .think it would be wiser to invest more money in policemen 'than in -more' courts; -discussed Erika Bouza' s report on her incarceration for participating in the Honeywell protests ,and ef.for.ts. to get the legal system to recognize the .disparity between the reasons for putting women into administrative separation ( solitary) and those . for punishing . men for the• same type of rule infringement; -indicated that although the seminar had not been taped, he was attempting to get minutes of the meeting put -in the word processor for distribution to the Councilmembers at a later date. Councilmember Ranallo Ex ects League of Minnesota Conference in Rochester to be the Biggest Ever Undertaken The Councilmember said he would be presenting the LMC budget at this meeting having been appointed to chair the budget committee. He. indicated further that Rochester would be going "all out" to make this an outstanding conference, perceiving that Mayor' Hazama wanted to capture' all the big business meetings for . Rochester ' s , new Civic Center. Councilmember Marks concurred, saying 'he - understood Garrison Keillor .• would even be, appearing during the first work session. DEPARTMENT AND -COMMITTEE REPORTS, There were brief discussions of various items in each of the following before they- were ordered filed: *Edward J. -Hance law firm report on cases they had prosecuted at. the Hennepin County District Court on March 18 and April 1, 1987 ; *March liquor sales' summary; *February financial summary; *1986 annual and March, 1987 monthly reports from the Fire Department. Councilmembers Makowske and Marks commented that the latter continued to indicate the majority of calls involved. medical emergencies - rather than fires. CITY MANAGER REPORTS The March 31st staff meeting notes were accepted after congratulations were offered .to Mr. Childs for his upcoming marriage this fall. Council- member .Marks announced his daughter was also. ge.tting married, May 2nd and he might be able to give the Manager some tips on .the procedure. J City' s Proposal - to Reconstruct the Remaining Portion of St. Anthony Boulevard to a 32 Foot width Approved by State Copies of the April 2nd letter to the project engineer approving the variance for the above had been included in the 'Council' s agenda packet. The 32 foot width would be allowed from a point south of the Burlington ,: Northern Railroad track bridge to Ridgeway Drive with no parking on either side. Mr. Childs indicated staff would now be contacting the new owners of Sunset Memorial Cemetery to ascertain whether they would honor the previous cemetery owners '- promise not to challenge the- assessments . for the improvement. He said the City hoped to be able to take bids on 'the project next winter and start construction in the spring. Waste Management Company Will Conduct a "Clean Up Day" in St. Anthony, -May 2nd Mr. -Childs had distributed drafts of the article he proposed to include in the. Newsletter he was preparing that week which would let the residents know about the above. He said the only costs the City would incur would be those of having some one from the Public Works Department present to supervise the project. When he explained how extensive the lists of -materials were which would be accepted and said- the, rubbish • haulers would be having trucks running from 8 :00 A.M. to 2 : 30 P.M. in the afternoon, the Councilmembers indicated their wholehearted approval. Other issues explored were: Ranallo -said he wondered if Waste Management would be following the same procedures that had been used .in Minneapolis. and . . Columbia Heights collections where all material depositors would be required to present their drivers' licenses as proof of their residency in St. Anthony; -indicated this would prevent "people from all over" dumping as well. Marks -suggested the .City might want to set up a program modeled afternone Inver. Grove Heights had undertaken for collecting household chemicals; -told Mr. Childs he understood the Metropolitan Waste Control Commission had underwritten the liability- insurance costs for that program; -reported hazardous wastes would be the subject of his church' s next public issues seminar. Childs -indicated he was looking for the Council 's response to this • article as- well as those dealing with the. new. parking/family size ordinance; possible imposition of water -sprinkling con- trols this summer resulting from the closing of one well i • • -10- • because of water contamination; and ' the branch chipping. program included in his draft of the Newsletter. Enrooth -suggested the. sprinkling ban should be. descri-bed as "pro- bable" in view of poor prospects for rain very soon.- - City Manager Reports Almost Two-Thirds of Village Townhomes Sold and Prospects Good for More Going in Across the Street Mr. Childs said Brighton Development had reported selling 20 of the 29 structures they had constructed : on the corner of 33.rd Avenue and Old Highway 8 and having some success with negotiating with Roseville to provide a similar housing project on the vacant gas station property across Old Highway 8. Councilmember Ranallo said he understood the developers were also talking to the owners of the large lot on the other corner about .developing more townhomes there. NEW BUSINESS 1986 Revenue Sharing Budget - Amended to Transfer $25 , 000 : for Building Repair Expenses Mr. Childs .indicated the .City Auditor had recommended the above to cover extra expenses for Public Works equipment repairs and insurance. Council Action Motion by Marks, seconded by Makowske to adopt Resolution -'87-014 which amends Resolution 85-041 establishing the 1986 usage of Federal Revenue Sharing Funds. - RESOLUTION 87-014 A RESOLUTION AMENDING THE 1986 REVENUE SHARING BUDGET Motion carried unanimously. Bids Accepted for Repairs and Replacement of Concrete Streets In his April 9th memorandum on the above, Mr. Hamer had recommended the low bids from Norsk Concrete be accepted to replace the concrete on the connecting sections of Chelmsford Road and Penrod with 37th Avenue N.E. this year from the Street Department Fund and to do the needed replacements on 33rd Avenue N.E. to Rankin Road and 36th Avenue N.E. to Edward Street, resulting from work on the sanitary sewer lire in 1988 from the Sewer Fund. Mr. Childs said the fact that the Public Works Department would now be doing the concrete removal and some of the road preparation the Buesing Company might have done in conjunction with the reconstruction of 37th Avneue on a unit cost basis had accounted for the • Norsk Concrete bid coming in about $8 , 000 less than the Buesing bid. The Manager indicated he perceived Mr. Hamer would be cutting back on some • -11- of the sealcoating he had planned for this year and agreed there had probably been at least some savings of overtime pay for plowing this winter which could be available for concrete replacement this year. He assured Councilmember Makowske that Norsk was capable of doing these jobs: He also assured her that all the temporary ' sewer repair jobs the Public works had done this winter would be blacktopped over in May. Council Action Motion by Marks, seconded by Makowske to accept the bid from Norsk Concrete to do the necessary replacements on Chelmsford Road for $9, 982 and Penrod Lane for $10,762 , as recommended by the Public Works Director for 1987 . . Motion carried unanimously. Because of the low quotes Norsk had made for the projects anticipated for 1988, Mr. Childs was directed to see if Mr. Hamer could fit them Into the 1987 budget. Labor Agreement With Local 17 Approved Motion by Marks, seconded by Enrooth to approve the signing _ of the labor , agreement between the City and the Hotel, Restaurant Employees Union. Motion carried unanimously. ADJOURNMENT Motion by Marks, seconded by Sundland to adjourn the meeting at 9: 20 P.M. for the St. Anthony Housing and Redevelopment Authority meeting which was convened at 9 : 35 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: City Clerk :cjk . al th® _ DATE : AVVnOVA �V April 23, 1987 TO : ti Mayor and Councilmembers FROM : Lila Johnson, License/Billing Clerk ITEM : LICENSES/PERMITS FOR COUNCIL APPROVAL JUKE BOX Slick's Alternative CONTRACTORS Milton Johnson Roofing & Sheet Metal Co. .Able Fence, Inc. Lofgren Remodeling AMUSEMENT DEVICES C. G. Rein Co. (34 machines) CIGARETTES F. W. Woolworth Co. Country Club Market, Inc. SERVICE STATION St. Anthony Standard HEATING Neil Heating & Air .Conditioning OFF-SALE Town & Country- Foods C I T Y O F S T . A N T H O N Y L I O U 0 R P/E 4/13/87 A C 0 0 0 N T S P A Y A 8 L .E PAGE 1 VENDOR NAME CHECK CHECK CHECK j NO. TYPE DATE NO. AMOUNT 04009 AETNA LIFE E CASUALTY R 4/.13/87 09402 4.12.67 04080 CITY COUNTY CREDIT UNION R 4/13/97 09403 150.00 04095 COCA COLA BOTTLING R 4/13/87 09404 10476. 85 04125 EAST SIDE BEVERAGE CO R 4/13/87 094.05 140879.55 04135 ELECTRO WATCHMAN INC R 4/13/87 09406 144.00 04145 CANZEP DISTRIBUTORS INC R 4/13/87 09407 70445. 20 04195 HAPPYS POTATO CHIP CO R 4/13/87 09408 149.66 04208 ICMA R 4/13/87 09409 20.00 04219 JOHNSON PAPER E SUPPLY CO R 4/13/87 09410 515.54 04220 JOHNSON NINE CO R 4/13/87 09411 30361.28 04230 KUETHER DISTRIBUTING CO R 4/13/87 09412 210284.37 04265 MARK VII SALES INC R 4/13/87 09413 130991.22 04290 MINNEGASO R 4/13/87 09414 10010.48 04338 NORTH STAR ICE R 4/13/87 09415 271.87 04378 PROFESSIONAL PROCESSING - R 4/13/87 09416 313.01 04380 PUBLIC EMPLOYEE RETIREMNT R 4/13/87 09417 18.00 04396 ROYAL CROWN BEV R 4/13/87 09418 263.10 04430 SILENT KNIGHT R 4/13/87 09419 19.50 04481 TWIN CITY JANITOR. SUPPLY R 4/13/87 09420 39.95 04491 UNITED HAY R 4/13/87 0942.1 45.00 06.198 ST ANTHONY MERCHANTS ASSN R 4/13/87 09422 50.00 06405 _ RADIO SHACK R 4/13/87 09423 6.95 TYPE T3TAL 65 0873.20 TOTAL . 650873.20 BwBR ARCHfTECTS 400 Sibley St./St. Paul. Minnesota 55101/612 222.3701 i Mr. David Childs, City Manager DATE April -16, 1987 City of St. Anthony 3301 Silver Lake Road INVOICE NO.: 10 - IR �� St., Anthony, MN 55418 I�1 CO MM. NO. : 860 v I t'1 BASIS OF CHARGES: 8% of Construction Cost, plus reimbursabl expenses, plus additional services. - STATEMENT OF SERVICES St. Anthony Municipal Liquor Interest on overdue accounts shall accrue at Amount Earned Amount Paid Amount Due ercen per month: Estimated Construction Cost $751,500.00 Estimated Fee @ 8% $ 60,120.00 Amount earned to date: 75% of .Fee $45,090.00 $45,090.00 • Reimbursable Expenses: =Printing, Photography $ 4,932.93 $ 834.74 $4,098.19 Approved: G'V Wilford o h nson �otal Amount Earned $50,022.93 Total Paid to Date $45,924.74 Total Amount'Due $4,098.19 PAST DUE s� BWBR ARCHITECTS 400 Sibley St./St. Paul, Minnesota 55101/612 222-3701 Mr. David Childs, City Manager DATE Apri.l 15, 1987 City of St. Anthony 3301 Silver Lake Road INVOICE NO.: 1 St.. Anthony, MN 55418 COMM. NO. : 86033.3 BASIS OF CHARGES: Fixed Fee of $11,330.00. STATEMENT OP SERVICES St. Anthony Municipal Liquor -Re-Bid Interest on overdue accounts shall accrue at Amount Earned Amount Paid Amount Due percent per month: Amount earned thru 3/25/87: (114.5 hrs.) $5,339.33 $5,339:33 Approved: Wi10. Johnson dotal Amount Earned $5,339.33 Total Paid to Date Total Amount Due $5,339.33 L/''✓�!'�i lit. /�� W OPOLlTAfI NIETROP LIT N UIIA'Sn CONTROL: OMMt'SS10N ConTROL :. Twin CrdeS Areo 350 METRO SQUARE BUILDING ST. PAUL, MN 55101 PHONE (612) 222-6423 CITY OF ST ANTHONY ACCOUNTS PAYABLE 3301 SILVER LAKE ROAD ST ANTHONY MN 55418 INVOI� ^ 3/01/87 0022475-000 APRIL 0004062 'INVOICE :DATP ' CUSTOMER :ACCOUNT NUMBER. SERVICE ONTH ' INVOICE:NO. AMOUNT 401 SEWER SERVICE CHARGES 24,896.08 TOTAL: 24,896.08 Due:?on the first day of:.the -service month.,-.Installments not received by:the.10th day of:::each :month 'in which.due shalt:be..regarded as,:delinquent and :shall :bear xinterest 'from the..f first :day :of such.month"at.the rate:of 1896 per ;anum: As,:per taws.:.of.Minnesota,:1985., hapter 186. CITY OF ST _ ANTHONY PLANNI.NG.:• C'OMMI.SSION . MI:NUTES • APR 2 L 21- , 1- 987 1 The meeting opened at 7 : 30 P.M: with. the Pledge of Allegiance . led 2 by Chair Pro Tem Wagner. 3 4 The oath of office was administered by the Council Secretary. to 5 Commissioner John Madden. 6 7 Present for roll call: London, .Wingard, Hansen, Wagner, Werenicz , . 8 Madden. 9 10 Absent: Franzese. 11 12 Also present: David Childs, City Manager. 13 14 COUNCIL MEETING REPRESENTATIVE DESIGNATED 15 16 Commissioner. Hansen will represent the Planning Commission at the 17. Council ' s April 28th meeting. 18 19 MARCH 17 , 1987 PLANNING COMMISSION MINUTES 20 21 Motion by Hansen, seconded by Werenicz to approve the- above with • 22 the following changes: - 23 .24 Page 1 , line 31: Substitute "March" for "February" . 25 Page 3 , line 39 : Correct typo "property" . 26 Page 5, line 16 : Insert "foot side" before "setbacks" . 27 Page 5 , line 33 : ' Substitute "3421" for 3412" . 28 29 . Motion carried unanimously. 30 31 PUBLIC HEARINGS 32 33 Setback Variance for Brett Peterson for. 3301 East Gate Road 34 35 The hearing was opened -at 7 : 35 P.M. by Chair Pro Tem - Wagner. He 36 read, the notice of the hearing which had been published in the 37 April 8 ,1987 Bulletin and mailed to all property owners of record 38 within 20.0 feet of - the subject property. No one present reported 39 failure to receive the notice or objected to its content. 40 41 Application: for consideration of a request for a setback 42 variance to allow construction of improvements 43 to the existing house freestanding garage at the 44 above address which would result in the garage 45 becoming an attached garage which would require 46 a setback variance because the existing garage 47 is only 24 inches from the property line and 48 therefore legally .nonconforming under the Zoning 49 Ordinance. In addition, the northerly neighbor ' s 50 garden shed actually encroaches onto the Peterson -2- r 2 property one or two feet. A new laundry. room and 3 two season porch are planned which'would not ex- 4 acerbate the current setback problems for addi- 5 . tions' to 'nonconforming additions, but would 6 require a Variance. 7 BStaff report: reiterated information in his April 16th memoran 9 dum. 10 11Proponents: Brett Peterson, who said he had negotiated an 12 agreement with his northernmost neighbor to 13 remove the garden shed which he and the former 14 owner had erected if City required or Mr. 15 Peterson ever moved. 16 17 Marc Dicky, 2925 Crestview Drive (that neighbor) 18 had written a letter of approval of the variance 19 which had been included in the agenda packet. 21Opponents: None at the hearing and Mr. Childs reported 22 staff had received no calls or letters opposing 23 the variance. 24 25The hearing was closed at 7:46 P.M. 26 27 Commission Action 28 - 29 Motion by Madden, seconded by Hansen to recommend the Council grant 30the petition for a variance from Brett and Robin Peterson for 3301 31East Gate Road which would allow construction of improvements which 32would connect an existing detached garage to a principal structure 33 (house) . The Zoning Ordinance requires a 5 foot sideyard setback 34for attached garages. The existing detached garage has a 2 foot 35sideyard setback (nonconforming) which requires that a variance be 36granted when additional construction is planned. 37 38In recommending the necessary variance be granted, the Planning 39 Commission finds that: 40 41 -the addition would probably make the rear portion of the pro- 42 perty look more attractive; 43 44 -both the existing home and the new addition would become safer 45 for fire separation purposes because firewalls are required 46 when the structures are joined; 48 - - -no one spoke against the proposed variance at the hearing and 49 staff reported receiving no- calls or letters in opposition to 50 the additions prior to the -hearing; 51 52 -staff had recommended the variance be granted; • 53 54 55 -3- • 1 2 -a11 three : conditions required .to .be .satisfied affirmatively 3 before a variance can be granted have been met with this pro- 4 posal and had been satisfactorily .addressed by the applicant 5 on their application. 6 7 Motion carried unanimously. 8 9 Sign Variance Request for Equinox Apartments, 2808 Silver Lane N.E. 10 11 The hearing was opened by the Chair Pro Tem at 7 : 50 P.M. He read 12 aloud the notice of the hearing which had been published in the 13 April 8 , . 1987 Bulletin. and mailed to all property owners of record 14 within 200 feet of the subject property. No one present reported 15 failure to receive the notice or objected to its content. 16 17 Application: from Penny Cervantes, resident Manager of the 18 above and E.S.I . Signs for a variance to replace 19 three existing two foot by four foot identifi- 20 cation signs with new signs and to add a fourth 21 sign next to the Hardees entrance sign west of 22 Silver Lake Road near the Mobil Station. One of 23 the signs was proposed to be relocated within the 24 City' s right-of-way on the southwest intersection 25 of Silver Lane and the Equinox Apartments • 26 driveway. 27 28 Staff report: reiterated statement in April 16th memorandum 29 that signage could not be located in ,the. Ci_ty' s 30 right-of-way but could be moved closer to the 31 Silver Lane right-of-way line as it didn' t .ob- 32 struct visibility for traffic in or out; 33 34 . -confirmed that the new signs should .all be 35 ground signs to conform with the Sign Ordin- 36 ance; 37 38 -reported no calls for or against the new signage °39 were received; 40 41 -indicated complex has two addresses which might 42 justify additional signage. 43 44 Proponent: Tim Gow of E.S. I . Signs, 841 Grand Avenue, St. 45 Paul 46 47 -said the visibility of the existing Silver Lane 48 sign is obstructed by an ,overgrowth of shrubbery 49 and trees for traffic coming one way. on Silver 50 Lane; 51 52 53 54 55 J � -4- 1 indicated that the same square . footage .would be 2 retained for badly damaged signs .which.would. be . . 3 ..retrofitted - to look.-like the sign shown on the 4 -front of the brochure he had passed . ar.ound .to 5 the Commissioners; 6 7. -reported the apartment managers perceived :a 8 need for Silver Lake Road identification;. 9 10 -said the proposed sign would be installed about 11 eight feet away from the curb for visibility 12 past the new wall; 13 14 -indicated the sign near the Hardees south entr- 15 ance would be about three feet from the curb; 16 17 -told Commissioner Werenicz the new signage had 18 not been requested by apartment tenants but by 19 the owners . 20 21 No one appeared to speak against the proposal and the : hearing was 22 closed at 8 : 05 P.M. 23 24 During the discussion of the proposed signage, Commissioner 25 Werenicz questioned whether additional signage at that location on 26 Silver Lake Road might not give a cluttered appearance to the area. 27 Commissioner Hansen suggested the signage be converted to a ground 28 sign, which the sign representative perceived would not be a 29 problem and if bermed might .provide more visibility. 30 31 Commission Recommendation 32 33 Motion by Hansen, seconded by Wingard to recommend the Council 34 grant the necessary variances to the Sign Ordinance to Equinox 35 Apartments, 2808 Silver Lane to allow them to replace the three 36 identification signs on their property with ground signs of 37 substantial construction which would be bermed or landscaped to fit 38 into the surrounding terrain and to bring them into conformance 39 with the Ordinance description of permitted ground signs. The 40 Commission recommends that the Silver Lane sign be allowed to be 41 relocated closer to the roadway for better .visibility as long as it 42 does not encroach into the City' s right-of-way or obstruct 43 visibility for traffic in or out of the driveway. 44 45 The Planning Commission recommends that the fourth sign be allowed 46 for Silver Lake Road identification, as shown on the applicant' s 47 sketches . 48 49 In 'recommending approval of -,this signage, the Planning Commission. 50 finds -that: 51 52 • 53 54 55 -5- -this -property is unique.:.in.:that it has access from a number of. 1 street entrances and-,probably .requires .more identification; 2 3 -even with the 'additional .sign, ''the total :square footage would . 4, conform to- the signage .amount .the Ordinance permits- for the 5 complex; 6 7 all .three conditions required to be satisfied affirmatively 8 have been done so with this proposal; and 9 10 -there was no opposition -demonstrated to the variances being 11 granted either during the Commission hearing or to staff prior 12 to that hearing. 13 14 Voting on the motion.: 15 16 Aye: Hansen, Wingard, London, Wagner, Madden. 17 18 Nay: Werenicz. 19 20 Motion carried. 21 22 Drainage Plan to be Required for Subdivision Without Platting of . 23 Parcel Owned by David Evanson at Approximately 3512 Silver Lake 24 Road 25 • 26 The hearing was ope,ned_.,_. at- 8.: 16.-P.M. by Chair Pro Tem., Wagner. _He 27 read. aloud the notice of the hearing which had been published April 2.8 8 , 1987 in the - Bulletin and mailed to all property owners of 29 record within 350 feet of the subject property. No one present 30 reported failure to receive the- notice or objected to its .content. 31 32 Application: for subdivision without platting of Lot .5, Block 33 6 Gardenia Acres into four single family, resi- 34 dential lots, approximately 75 feet by 131 feet 35 in size. Two lots would have frontage on Silver 36 Lake Road in the 3500 block and two lots would 37 front on the 3500 block on Belden Drive. 38 39 Staff report: reiterated information in his April 16th memoran- 40 dum advising proposed lots would .be 9,825 square 41 feet which was more than the 9,000 square feet 42 required by the City Ordinance and suggesting 43 points which should be satisfied before the sub- 44 division without platting is' approved; 45 46 reported because there is substantial height on 47 the parcel, a grading plan would be necessary to 48 assure adequate and proper drainage and to meet 49 the requirements the City had made back in the 50 ' 60 ' s of Mr. Forsberg and Dr . Osterbauer to lower 51 - -their property to the Belden street level; • 52 53 54 55 -6- 1 said the City would not . be able .-to determine just. . 2 how .much earth : .would have to be taken• off . the. • 3 proposed- lot without a survey and grading. and. 4 drainage plans being submitted .by the owner; . .. 5 6 indicated Mr. -Evanson was in the process of' pre- 7 paring all of the above and since- they were not . 8 available that night, no. decisions about drain 9 age could be made that night; 10 11 reported the City would also be requiring five 12 foot drainage and utility easements on the front./ 13 sides of each of the four lots; 14 15 had provided copies of the April 17th letter from 16 John Forsberg of 3512 Belden Drive, whose 17 property abuts one of the undeveloped lots on the 18 north which gave the history of his arrangements 19 with the City related to the future development 20 of the Evanson property. His letter also told of 21 the litigation he and Dr. Osterbauer, his next 22 door neighbor, had been involved in with Mr. 23 Evanson'-s parents who protested the grading the 24 City had required; 25 26 said both property owners were present that 27 evening to assure that adjacent lots are cut • 28 down to a. level which at least would allow drain- 29 age to be .properly controlled so there would be 30 no negative impact on their property following 31 construction of the four new homes . 32 33 Mr. Childs advised that it would be difficult to guarantee that no 34 negative impact would result if the homes were allowed. to be built . - 35 on an individual basis with separate ownership and time schedules 36 for construction. The City Manager concluded his report by saying 37 he had received no other communications for or against the 38 proposal. He said the platting process would probably have to be 39 followed but he perceived it would be beneficial to .hear the 40 concerns of those who were present so. Mr. Evanson could take them 41 into account when the platting was done. Mr. Childs advised the 42 Commission to -give Mr. Evanson enough guidance that he could come •43 in with a final plat which would include drainage plans which 44 addressed the concerns of all concerned. 45 46 Testimony was taken from the following: 47 - 48 The applicant, David G. Evanson, 2208 - 73rd Avenue N. , Brooklyn 49 Park: 50 51 -had told Mr. Childs the person who had been granted a vari- 52 ance to build a nonconforming home above Mr. Forsberg had been 53 unable to buy the property after all -and .the home being •. 54 considered for that lot now would require no variance; 55 3 -7- • 1 : -told Mr;- 'Forsber.g and Dr. Osterbauer he - had. recently . purchased 2 the property and had not, been involved twenty:-two years ago in 3 his-parents ' lawsuit against them; 4 5 -said he� would not be involved in the construction of, the new 6 homes; 7 8 -reported he had talked to all abutting property owners on 9 Belden and Silver Lake Road except Mr. Christen who was out of 10 town and all seemed happy to have the property developed; 11 12 -thought grading on Silver Lake Road side would be minimal but 13 acknowledged the need for grading the Belden Street properties; 14 15 -said hadn' t set a price on individual lots but prospective 16 buyers had been concerned .that the view of the Minneapolis 17 skyline be retained if possible; as many trees as possible 18 be preserved; and that the architectural integrity . of the 19 homes they would build would be provided to match the exist- 20 ing homes on Belden; 21 22 was concerned that he might have to pay all the grading costs 23 himself up front and that if grading for all homes was done 24 prior to platting, there might be erosion of earth from one lot 25 to another if all lots were not developed at' the same time; • 26 27 -wanted grading to be started on each lot at the onset of con- 28 struction; 29 30 -said could cost him at feast $5 , 000 if fill could be sold and 31 $10,000 if had to be taken away. Tree removal might also be 32 costly. 33 34 Mr. Childs suggested the developer could post a performance_ bond 35 with the agreement that the grading be done prior . to the issuance 36 of the first building permit. Said that way, Mr. Evanson would not 37 have to pay for the grading up front and could get back his bond 38 after the City has verified proper grading had been accomplished. 39 Mr. Evanson said he would have to consider that option, which he 40 considered he would be more amenable to than having to grade the 41 entire parcel and seed it .to prevent erosion between development 42 projects. 43 44 Lee Larwick, 2300. Greenview Drive, New Brighton 45 46 indicated he owned the undeveloped 80 foot lot at 3516 Silver 47 Lake Road next to Mr . Evanson' s property which was also for 48 sale; 49 50 -said he 'wanted to see the property in question sold so he 51 could- sell his own property; • 52 53 54 55 4 ,. -8- 1 -wanted to' know why Mr: Schroeder . had not­been required to grade 2 the lot he .was going :to buy next to. him when-.he -had. •been ._ 3 granted a .variance. for his -construction; 4 5 -was told that .was because that: involved only one- property- and 6 this issue involved a -subdivision for which the City likes 7 1 to have all grading agreed to before platting. Mr. Childs 8 said Mr. Schroeder would have been required to do some grading 9 to develop his property as he had proposed.- 10 11 Dr. Robert Osterbauer,- 3504 Belden Drive and son, Joseph 12 13 -were told the existing City Ordinances don.'-t require homes to 14 be at street level or address elevations of driveways but the 15 City does ,require- that properties be developed in such a man- 16 ner as not' to negatively impact on the neighbors; 17 18 -Dr. Osterbauer said he would prefer not to see the property 19 developed at all because ' the path which has been worn through 20 the property over the years channels the runoff onto the street 21 and not onto his property; 22 23 -the Chair Pro Tem told them the engineers Mr.. Evanson retained 24 would be 'advising him about what drainage would 'be required and 25 the developer would be unable to provide that information that 26 evening. • 27 28 Mr. Forsberg: 29 30 -reiterated that he hoped the Evanson property could be 31 developed as long as the developer is required to grade his 32 property to match what was required of him when he built his. 33 home;. 34 35 -he said _the lawsuit had resulted when he :had asked to have the 36 Evanson property sloped down to protect his property. He had 37 put in a retaining wall when that had not been accomplished in 38 spite of both parties incurring substantial court costs. 39 40 Two prospective buyers of lots from Mr. Evanson expressed . thei.r 41 concerns about .the resultant lots after the City' s .requirements. are 42 met. 43 44 Chris Paidosh, 3155 Old Highway 8 45 '46 estimated the lot he was interested in buying was 16 feet off 47 street level and about even with .the top of Dr— Osterbauer ' s 48 garage; 49 50 -said a builder had told him the- excavated dirt- would have to be 51 taken from -the site before a house could be built there;, 52 • 53 54 55 1 perceived it might be 'too severe to require the undeveloped • 2 lots :to,.-be graded to the. .same:•level as the existing homes .on , 3 Belden and- that a four -or. - five , foot differential -might be 4 reasonable; 5 6 wanted assurance that the lots -would be buildable, but would 7. not put undue hardship on the neighbors because of drainage or 8 to have drainage- problems himself; 9 10 -said he and his fiancee who was with him, would naturally like 11 to keep the existing view of the skyline, but that would not be 12 the deciding factor in their decision to build. 13 14 Kurt Matthys, 9760 Monroe Street, Blaine 15 16 -indicated he was interested in one of the lots which front on 17 Silver Lake Road and would not like to have a high dropoff 18 between his and his neighbor ' s property on Belden Drive; 19 20 -wanted as many trees preserved on his lot as possible to shield 21 his home from the noise on Silver Lake Road. 22 23 Mr. Childs said he was recommending the Planning Commission suggest 24 the subdivision without platting be denied and that the Council 25 direct the developer to return simultaneously with a final plat for 26 four lots and a drainage plan for Commission consideration at a 27 future meeting where the neighbors would be able to react to both 28 plans. The Manager reiterated that whatever arrangement the. City 29 had made with Mr. Forsberg . and Dr. Osterbauer related to retaining 30 walls would be part of the basis for establishing grading for the 31 undeveloped lots. He suggested there might be agreements reached 32 whereby the -grading for the new lots might be stepped up and 33 retaining walls provided on the back of those properties as well. 34 35 There were no further .concerns expressed and the hearing was closed.- 36 at 9 : 00 P.M. 37 38 Commission Recommendation 3.9 40 Commissioner Madden said he would not entirely rule out the 41 subdivision without platting for -this property but agreed it should 42 be denied. at this point. 43 44 Motion by Madden, seconded by Werenicz to recommend that the 45 Council deny the request from David Evanson to subdivide without 46 platting the property at approximately 3512 Silver Lake Road.-at 47 least for , the present and instead, - direct the applicant to prepare 48 a final plat and a grading plan .which would be consistent with the 49 City' s requirements and: the neighbors' concerns about drainage. 50 The 'plan -.should also satisfy the-.City as to the proper legal 51 descriptions for the property and provide for 5 foot drainage and • 52 utility easements similar to those provided for the Johnson and 53 Hertog subdivisions. 54 55 -10- 1 . ., Motion carried unanimously. 2 3 The - meeting was recessed from 9 : 12 P.M. to 9 : 17.P:M. 4 5 UNFINISHED BUSINESS 6 7 Approval •Recommended = for Nelson Request for .'Setback. Variance for 8 34-12 -Roosevelt Street N.E. 9 .10: The above , had been ' tabled at the last meeting to allow the .11 applicant- and his neighbor . to try to work out their differences 12 related to Mr. Nelson' s proposal to convert his existing single 13 garage to a four car double garage which because of his home' s 14 siting on his lot would require a . four foot sideyard setback 15 variance to construct. 16 17 Motion by Werenicz , seconded by Wingard to take the above request 18 . off the table. 19 20 Motion carried unanimously. 21 22 Mr. Nelson testified that his meeting with his neighbor had not -23 been held until the previous Friday when Mrs. Ittner h_ ad .indicated , 24 she would like to consult with her family on Easter Sunday about 25 the matter. 26 27 Mrs. Ittner and her son, _Paul Szurek, were present and . the latter • 28 told the Commissioners his. mother was still concerned about the 29 runoff from the - new addition and wanted the construction to be 30 delayed so the next owner could have input related to its size and 31 location. 32 33 When he conceded that potential buyers had been "put on hold 34 . because it was taking so long to get the house emptied out" ; that 35 the real- estate company had not even quoted a price for the home, 36 the Commissioners concurred that it would not be fair to make the 37 Nelsons wait indefinitely for the Ittner home to be sold. The 38 Commissioners also questioned Mrs. Ittner ' s concerns about the 39 addition runoff increasing her water problems , perceiving that the 40 plans he had presented that evening for diverting the runoff would 41 in all likelihood improve the present situation. There was also 42 Commissioner agreement that a double garage would probably enhance 43 rather than detract from that neighborhood. Mrs. Ittner' s 44 suggestion that the Nelson garage be sited further back on the 45 Property to avoid annoyance to whoever lived there next was not 46 considered reasonable. The Chair Pro Tem told her a long driveway 47 would -probably add to her water problems. 48 -49 No one else appeared to provide input to the consideration and the 50 hearing was closed at 9 : 35 P.M. 51 52 • 53 54 55 -11- • 1' Commission Recommendation 2 . . 3 Commissioner' Werenicz said he now .perceived that.: since the addition 4 would actually be . 11 feet, . away from the Ittner. -. structure, its 5 - impact would probably be. . minimal. . Commissioner .Madden .perceived 6 the two neighbors might still be able to compromise the -'garage 7- width after the City approves its construction. 8 9 Motion by Werenicz, seconded by Wingard to recommend. the Council 10 grant Dwayne -and Nancy Nelson a 4 foot sideyard setback variance 11 for .the 22 foot wide attached- double car garage they- propose -to 12 construct on their property at 3412 Roosevelt Street N.E. on the 13 condition the gutter system is put in to drain runoff away from the 14 adjoining property. In recommending the variance be granted, the 15 Commission finds that: 16 17 -the -City had already given the neighbors a month to compromise 18 their differences; 19 20 -any further delay would impose an undue hardship on Mr. 21 Nelson' s plans for construction; 22 23 -the applicant had satisfactorily addressed all three questions 24 which have to be answered in the affirmative for the City to 25 grant this variance; • 26 27 -precedents have been set for allowing double garages in that 28 same block -and in fact, the new City Zoning Ordinance requires 29 double garages for all .new construction. 30 31 Motion carried unanimously. 32 33 MISCELLANEOUS 34 35 Fifteenth Annual Minnesota Planning Conference 36 37 Because the above was geared to planners and the seminars which 38 Councilmember Marks is involved in would be more helpful to . 39 Commission members, it was generally agreed it would be better. to 40 - wait for that meeting this winter. 41 . 42 Manager Reports on Owner' s ,Response to Letter Regarding Signage at 43 3909 Silver Lake Road 44 45 Mr. Childs said Mr. Vargas had indicated a contractor would , be -46 starting work on the landscaping of his sign by the first of May. 47 The Manager said he would recommend the Commission take steps to 48 have -the sign removed altogether if that was not accomplished 49 before their May meeting. 50 51 • 52 53 54 55 } -12- 1 •2 Dairy Queen Signage 3 . 4 In. addition to. , all the banners which - had been erected . on the . 5. building, Commissioner Werenicz, said the. store now has .three 6 : lighted signs even though the Commission. had .only recommended the 7 •roof sign could be 'reinstalled along with one ' other new.- sicjn when 8 the Dairy Queen was rebuilt. Mr. . .Childs agreed to provide. the 9- Commissioners._with all -the . pertinent minutes when the : issue is 10 reconsidered. 11. 12 ADJOURNMENT 13 14 Motion by Wingard, seconded by Werenicz to adjourn the meeting ,at- 15 9 : 59 P.M. 16 17 Motion carried unanimously. 18 19 20 21 22 Respectfully submitted, 23 24 Helen Crowe, Secretary 25 26 • 27 28 29 30 31 32 33 34 :cjk 35 36 37 38 39 40 41 42 43 44 45 46 47 48 50 51 52 • 53 54 55 r � O ain th® Ulae DATE': APPRO L = April 16 987 �} T O z Planning Commission Members FRONT David M. Childs, City Manager T T EM SETBACK REQUEST FROM B. PETERSON, FOR 3301 EAST GATE ROAD The applicants are proposing improvements to an existing house and freestanding garage which would result in the garage being an attached garage. Based on the City Zoning Ordinance,, the current garage has a legal non-conforming setback of 24" from the property line as well as a 2 foot setback from the neighbor' s garden shed which actually encroaches onto the Peterson property from 1 to 2 feet.. The Peterson's propose a new laundry room and two season porch. The improvements will not exacerbate the current setback problem but additions to a non-conforming use do require a variance prior to approval . The lot is an odd-shaped one which is one basis for a variance and this appears to be a straight forward request. No calls have been received for or against this request and a letter- from Mr. Dickey (the neighbor to the north) states that he has no objections. By connecting the house and garage, which have only a 5 foot separation, it might be possible to rationalize that for fire separation purposes, the current situation is made safer rather than worse since firewalls, etc. are required when the structures are joined. :cjk4.21 .87 y 1 uate : Fee R- . . . . . . . . . Other . . . . . . . $25.00) • CITY OF ST. ANTHONY PETITION FOR VARIANCE 541-4208 (office) Applicant: Brett & Robin Peterson Phone • 789-0532 (home) Address : 3301 East. Gate Rd, St. Anthony, 'MN 55418 Status of applicant (owner, buyer, renter , agent , etc. ) Owner Legal description of property petitioned for variance : Street address : 3301 East Gate Rd, St. Anthony, MN 55418 Zoning district in which property is. located : Request: A three foot variance for the northwest corner of the garage , in relation to the nearest properly line. Minnesota Statutes an City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement is Yes , please explain , using additional sheets . Yes No • 1 . Because of the particular physical surroundings , shape, or topographical conditions of the parcel of land ihvolved, ' the proposed variance would re- lieve. an undue hardship, as distinguished from a mere inconvenience should the applicable ordin- ance be strictly enforced . X_ 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district . _ X 3 . The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in the parcel of land. X Pursuant to Section 15 , Subd . 5 , of the City of St . Anthony Zoning Ordin- ance, a variance shall not be c,ranted, for any use not permitted in the zone in which a particular parcel lies . /-2,�� • Signature of Applicant Lclti-a t:. o Owner 1: t1lan a cant) � 4 • ., (1) Since the existing property layout' was "grandfathered.-in" under the current ordinance, our remodeling project would assume an undue financial hardship should, .we need to change the existing position of the garage so that it would be in strict compliance with the current ordinance by being a minimum of five feet from the property line. (2) The purpose of the proposed variance is to allow us to remodel our home to correct an extraordinary circumstance. To have adequate laundry facilities is a reasonable expectation of any home, and a home without such facilities is an extraordinary circumstance in today's real estate market. Indeed, we foresee that the remodeling of the home would add to its value, but that end is clearly not the exclusive objective of our project. Rather, it is simply an added incentive for undertaking the project --. we expect that it would be money well spent. • (3) Being that the house was built by a previous owner of the property in 1955, it was originally subject to the established ordinance of that time. The difficulty is created by the current ordinance since we would become subject to its provisions, should we add the laundry room, even though the particular position of the garage is not sought to be changed. In conjunction with the building permit which we shall seek to complete this remodeling, a variance granting that the garage could remain in its present location would relieve the difficulty. �J • CITY OF ST. ANTHONY NOTICE OF HEARING PETITION FOR VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, April 21 , 1987 , at 7 : 35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of a request for a variance from Brett_ and Robin Peterson for 3301 East Gate Road to allow construction of improvements which would connect an existing detached garage to the principal structure (house) . The Zoning Ordinance requires a 5 foot sideyard setback for attached garages. The existing detached garage has a 2 foot • sideyard setback .-(non-conforming), which requires that a variance be, granted when additional construction is planned.. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: April 8 , 1987 • TO WHOM IT MAY CONCERN: I have reviewed the location of Mr. Brett Peterson's RaraFe with respect to my southern lot line, and have no objections to that location or his current building plans. MARC DICKEY " 2925 Crestview Drive T4 Pro�Ir Lime.. E `• (for G.M da9f, i a Fror.+ dour S p2.4 rs 3® � ��s Gam. RA tcL�t door Pr®Pe.p -i Lgufo r ` �\•. �.` Pro per Li ?t Arson, /USA �`• ,,��� `•�.:�,�-..`! / I 1 Cr a '4 3.3 �. 1 E c o-►•�c� �X S 1��`h' )�M^r$I y Layo w f I 57" } i Go.ro�C E•--'-1, � �8 dour � 1� I ` V ! 1 r . t 5 c �,c key lets%deny 30 52• Z92s C.res{v:cw �r�vt r• s ,• / ,�� ,O � �/ !�/�,�'.ti` Jr r r `lj o `•��� �`�Di o 60 ,t 50 . � 6 �, - _ +�tr;'��, .y � �e•11°I���'E�. �! � � o. � �-� .� � 9��J o C� / a c� t f�Qg �� � y �=` �'µ. ,.•��• 4 .. r. � r �` 'r v J o gut 0 0? ► 1IOC ...4 SO ` ,} t- \ +f�.4� 5 r*• �1''P'� a� �J !• � •�''� y••/" o ••b� J N�J Owl ry 15 ' r` t o J 1� I r ��*fs��F f:; ;� •f _iy�., r' �'�'J° >r; 1t•-fV� � e ;ti y ,.'L p Y. 'yam C l \o •Sq ; ` o � ej,.1 S� �b•- '�±rte* ..� } � #°! °,•S r /• \°� � �\•a p �Z�L l �` �Y'7 �" a f �a�f- �-� d ...�.q,� / /- `V OQ/ � r � ` ,r_�...a �p � �o \ s•/ �*y t.,�"- Tye'.-• �� 4,+ • !t f4 spa- � .p I� 3` �;•j2 ?.. b � O o E9 JV COD.�y o '}f �.� �.- ` 1`,- I#�I`i.�,f &- 4 •$v i• 'lA� e ® 15r � �`J .•1 70 7b Nr als� ® '^• TiI tp . • J.a" t �•a �s'y ar�.T y.�s - '46�`' :�� �) 1 �' a. _ _ 11'� � c. y 1 {-a-r 7r�r. �,yt�i� ,�at '� `�" � '� L•• � dIJ9 P`S L I'•Y J t . '�� Yom: � y , � t^• B r�� �F e�-�.Dtk + Y� - � ' - ` p I � d•Z'Oj lj• �J .� ,� Y;.ts"�'�. �w �r 4,4 � '� .`•� tee � / � • � �• 7 N w ' Alv rHp r � loop IA J' `�i ' '``r� •• a4 ; f-a a .� 'i- ,w,-e • 1 • -11 ,s �r* �... �f tl M1sl� ��5 i tom"'"""'..-- _, _._.._____.��-- ------- � �...�_.....--•.__---...._.._.� _ 0 ai � o .6 . i la e DATE : APPg20 Al-A April 16, 1987 T O : planning Commission Members FROM : David M. Childs, City Manager, T T EM : SIGN VARIANCE PENNY CERVANTES FOR EQUINOX APARTMENTS, 2808 SILVER LANE The sign ordinance allows one freestanding sign for a multiple dwelling complex not greater than 50 square feet in sign surface area with the total sturcture (including sign) not to exceed 150 square feet in area and not taller than 10 feet in height. The applicants currently have 3 signs of 2 X 4 in size. They propose to update these signs and add one additional sign near the Hardee's Restaurant south entrance. The applicants would be allowed to update the existing signs without a variance if they were the same size and location. They want to add one new sign, however, and they also wish to relocate the sign on Silver Lane as shown the sketch. Our records show that the proposed location is on the City right-of-way and thus is unacceptable. Whatever the location, a variance is needed to add the new sign near the Hardee' s entrance. Total square footage requested in the 3 freestanding signs is 48, which is below the maximum of 50 square feet. Special circumstances exist due to the layout of the Equinox Apartments with several entrances and no real "main" entrance. In addition, the complex is really divided into two '.'sub- complexes" and is thus fairly difficult to identify with one sign. No calls have been received either for or against this request. The proposed signage should enhance the building, however, the Silver Lane sign must be located back away from the right-of-way (approximately 15 feet from the curb on the north) . and it should be far enough back from the driveway to the east as not to obstruct visibility for traffic in and out. :c j k4.16.87,,E 1 Date: 03/1 8/87 Fee : $25 . 00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: Permy Cervantes (for Equinox Apartments) Phone : 788-9736 Address : 2808 Silver Lane NE , St . Anthony, MN 55421 Status of applicant (owner, buyer, renter, agent etc. ) : Resident .Manager Legal description of . property petitioned for variance,: See attached. Street Address : 2808 Silver Lane NE , St . Anthony , MN 55421 Zoning district in which property is located: Residential ' Request: Signage for apartment complex (Equinox Apartments) .i ' Minnesota Statutes and City ordinances require that the following conditions must be satisfied affirmatively. If the answer to a statement is Yes , • please explain, using additional sheets . Yes No. 1 . The granting of the variance will not. be detri- mental to the public welfare or injurious to _X other property in the neighborhood or village; and f 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are X adhered to, or 3. The conditions upon which the application for a variance is based are unique to the parcel of X land for which the variance is sought and are not applicable, generally, to other property within the same land-use classification. Signature of Applicant Penny Cervantes Signature of Owner If other than applicant) 04 - 01 - 87A * 25 . 00EK • CITY OF ST. ANTHONY NOTICE OF HEARING PETITION FOR SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a .public hearing by- the Planning Commission of the City of St. Anthony on Tuesday, April 21 , 1987 ,. at 7 : 50 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of a request for a sign variance from E.S. I . Advertising for Equinox Apartments, 2808 Silver Lane N.E. The applicant proposes to replace three 2 foot X 4 foot signs with new 2 foot .X 4 foot signs as follows: 1 . Office 2 . Northeast corner of. the intersection of - Apache Lane and 39th Avenue 3 . Southwest corner of the intersection of • Silver Lane and the Equinox Apartments driveway. The applicant also proposes an additional 2 foot X 4 foot identification sign to be located just west of the Apache Mobil Station adjacent to that driveway. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: April 8 , 1987 Quin-tity Discription 3 Post and Panel signs with a 2 'x 4' face and a 7 ' post. •1 Pbnel Type Office Sign Retrofit office sign Face 2'x 4' ----------- L Placement of new sign Silver Lake .Road MOBIL Midwest Federal �r Equinox !Apache Complex 11 / lu G ca a U cd a S-F 1�iPor, cum 39th Ave. NE. Equinox �{r Equinox r �.. Retrofit existing sign Retrofit existing sign-new placement 420 1 i I C vR Silver Lane 1 Equinox bo 0 0 all thin. ��la e DATE : A P P R OVA - April 16, 1987 TO : ' Planning Commission Members FROM : David M. Childs, City Manager a T EM : REQUEST FOR SUBDIVISION WITHOUT PLATTING FROM D. EVANSON FOR APPROXIMATELY 3512 SILVER LAKE ROAD This is a request from David G. Evanson for approval of - subdivision without platting for a parcel located in the 3500 block of Silver Lake Road and which extends to Belden Drive.- The applicant proposes to split the 150 foot X 262 foot parcel into four single family lots, approximately 75 feet X 131 feet in size. The proposed lots of 9,825 square feet comply with the minimum size (9,000 square feet) requirements of the Zoning Ordinance as well as the minimum width (75 feet) requirements of the Zoning Ordinance. Since installation of streets, water -and sewer mains are not required, the Commission could consider the request for subdivision without platting. (See Section 330.61 for description of subdivision without platting. ) Before "subdivision without platting" is approved, the applicant should satisfy the Commission as to: 1. What the final grade of the lots will be to assure adequate and property drainage; 2. That proper legal descriptions are given (block and lot descriptions cannot be used without platting) ; 3. That 5 foot drainage and utility easements as provided in the Johnson and Hertog subdivisions are also provided here. If these areas are sufficiently unclear, it may be necessary to go through the formal platting process. �:cjk4.21 .87 ,.Date: April 1 . 1987 ,Fee: ?'9 - nn _ CITY OF ST. ANTHONY Application for Subdivision/Plat Approval Applicant David G . Evanson Phone # (612 ) 560-2514 Address 2208 73rd Av . N . , Brooklyn Park , MN . 55430 Status of Applicant (owner, buyer, renter, agent, etc . ) Owner Present Legal Description of Property to be Affected Lot 5 in Block 6 , Gardena Acres , according to the map or plat thereof Proposed Legal Description of Property to be Affected Lots 1., 2 , 3 , & 4 , Block 1 , Gardena- Heights ( tentativley ) 3512 Silver Lake Road ,_ which includes an area of Street Address approximately 39 , 300 square feet ( . 90 Acre ) Zoning District in Which Property- is Located Residential Specify any Necessary Easements None , other than utility easements • Area of the Plat/Subd. . 90 Acre Number of Parcels One currentl y , to become four 4 o s Attach. a copy of the proposed plat showing the proposed name of the plat, the location within the City, the names of the present owners, the scale , the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documenta- tion as is requested by the City Manager or the subdivision/platting ordin- ance. DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOR STAFF USE ONLY 1 . Fee calculation ($25 .00 plus $1. 00 per lot to a maximum of $150 .00) S 2. Conformance to design criteria yes no Exceptions : • CITY OF- ST. ANTHONY NOTICE OF HEARING PETITION FOR SUBDIVISION WITHOUT PLATTING TO WHOM IT MAY CONCERN.: Notice is hereby given that there will be a public hearing by the Planning Commission of the. City of St. Anthony on Tuesday, April 21, 1987 , at 8 : 00 P.M. in the Council Chambers of the. City Hall, 3301 Silver Lake Road (enter northeast corner ) for the purpose: Consideration of a request from David Evanson, 2208-73rd Avenue North, Brooklyn Park, MN for subdivision without platting -of Lot 5, - Block 6 -Gardenia -Acres into four single family residential lots , approximately .75 feet by 131 feet in size. Two lots would have frontage on Silver Lake Road in the 3500 block and two lots would have frontage on Belden Drive in the 3500 block. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this • matter shall be referred to the City Manager, 789-8881 . David M. Childs City Manager Publish: April 8 , 1987 rl r SIL 1'ER 1 LAKE MAP OF CITY OF S T ANTHONY Site of proposed 4 plat o f Gardena Heights ` - N 1 h — ►- G o •t• .. Awl S UBJECT 0 u, ' PROPERTY ` CI 011 tM(111: t j 3u• rrl AI'6��y SC-•3 AV cr i r o...1.. ..: r ]L• 4� Awl i Tl' JAAI N E _ M AM F 1EF �' 1 tF• .vt w( O. --' — — (1. Gros.. �O rIFr; i Gnti ' M.rmmr:.I — { N4 cj r ry PROPOSED PLAT -OF GARDENA HEIGHTS NORTH '-3513 Belden Dr . '(unbuilt lot ) 291 . 82 ' I + Lot 3 Lot 2 o r- o Y- -- — — — — — — — — — — — — — — — — -- _ co 0 f p \V ( N . (' 1 Lot 4 ' Lot 1 � I 292 . 06 ' _ �E 30 ' —�— 262 . 06 ' — -- 3505 Belden Dr . 3500 Silver Lake Road Prepared April 1 , 1987 Scale 1 "=50 ' This is NOT -a survey . Current owners : David G .- & Mary Beth .Evanson ( Husband and Wife ) Utility easements are not shown on -this drawing ; however , no unusual situations for such easements are apparent . Property is Registered Property ( Torrens ) . Proposed Legal Descriptions would be as follows : Lot 1 , Block 1 , Gardena Heights Lot 2 , Block 1 , Gardena Heights Lot 3 , Block 1 , Gardena Heights Lot 4 , Block 1 , Gardena Heights Proposed lots would al.l have an approximate size of 75 ' x 1301 . Proposed uasage of lots would be for single family , detached homes . If there are any other questions or information needed for this • -app cation , plea e 1 free to contact me at my home 560-2514 , or my of i 2.440 avid G . Evanson r General Contractors WATSON-F 0 CO. 252 South Plaza Bldg•Minneapolis Mn 55416.612 544 7761 April 17 ,1987 Planning Commission CITY OF ST. ANTHONY VILLAGE 3301 Silver Lake Road NE St. Anthony, MN 55418 RE: Evanson Property Planning Commission Meeting April 21 , 1987 Dear Commission Members: As an abutting property owner, I received notice of the hearing on the request by the adjacent property owner to be relieved from the requirement of platting as a condition of subdivision. I do not wish to add any conditions or delay the development of the Evanson land, but I must be guaranteed that the drainage conditions imposed when I built my home are completed in accord with the original plan. We have lived with the present condition since the construction of my home. The assurances by the City was that the building and grading conditions imposed upon me would be adhered to and carried" through to completion when the Evanson property was developed. Evanson, at that time, opposed the grading of the property with the result that when I constructed my home, I had to defend myself against lawsuits alleging I was depriving the owners of the Evanson property of his lateral support. They were opposing the grading and site conditions required of me by the City. The City was also sued as well as the property owner to the south, Dr. Osterbauer. With that background, the question to be considered by the planning commission is whether the present owner should be relieved of the platting and dedication requirements when there is a subdivision of property. I can appreciate that there should not be money expended unnecessarily; however, I understand the platting requirement is the procedure that ensures that all necessary easements and rights of way for surface water drainage and installation of utilities are appropriately dedicated and shown on the plat. This gives the City the right of access and entry to install and maintain the utilities to serve the properties. Platting procedures produce the information concerning how the grading of .the property will be accomplished to connect to the existing utility systems. J Planning Commission April 17 , 1987 Page 2 Now that the property is being developed, the City should honor. its -guarantee to those who constructed and graded in accord with the City plan for the entire area. If all this can be accomplished without the necessity of meeting the platting, dedication and grading requirements; then I have. no objection. I do not want to add any costs that are unnecessary, but I request the assurance of the officials of St. Anthony that all rights of way and other conditions to complete the overall grading plan for drainage is completed. V y t u- y yours, i ohn ors rg 'ell JF d • vate: February 26, 1987 Fee $15.00 . (R-1 . . . . . . 1 <S Other. $25 . 00 C I,TY OF ST. 'ANTHONY' PETITION FOR VARIANCE h- 788-3989 Applicant: Dwayne Nelson Phone : w- 296-7383 Address : 3412 Roosevelt St NE Status of applicant (owner , buyer, renter , agent , etc. ) : owner Legal description of property petitioned for variance : Lot 5 Block 2 Lemke's Second Addition Street address : 3412 Roosevelt St NE Zoning district in which property is located : R-1 Residential Request: Side lot setback reduction from 10 feet to 6 feet- 0 inches Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement is Yes , please explain , using additional sheets . Yes No • 1 . Because of the particular physical surroundings , shape,- or topographical conditions of the parcel *Please see explanations of land involved, the proposed variance would re- on attached page. lieve an undue hardship, as distinguished from a mere inconvenience should the applicable . ordin- ance be strictly enforced . 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income -Potential of the parcel of land, but would correct- extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. X 3.:--The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in the parcel of land. X Pursuant to Section 15 , Subd . 5 , of the City of St . Anthony Zoning Ordin ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . • S nature of Ap licant O L - 21 0 !r �1 * 15 . 0 0 1 7L—u—r ier T 7 T o E T er than applicz _ f► J . PETITION FOR VARIANCE : FEBRUARY _26. 1987 DWAYNE E. NELSON. • X412 ROOSEVELT ST NE ST ANTHONY, MN 55418 RESPONSE TO QUESTION NO. 1 As indicated in the drawings submitted to support this variance request, our lot is 75 feet wide and . 154. 03 .feet deep. Presently the house is 42 feet long and 24 feet wide with an attached garage 14 feet in width and 22 feet deep. The structure is located such that there is a. five-foot setback from the north lot line and 14 feet from the south lot line. Strict adherence to the ordinance would only allow expanding the present garage- width to 18 feet because of the required 15 feet total setback distance to the lot lines.. In effect this ordinance would preclude garage expansion because an 18 foot width is too narrow to include a service door o- . to effectively serve as a two-car garage. RESPONSE TO QUESTION NO. 2 The proposed variance is not requested because of a desire to increase property values. Although the expansion would obviously increase the property value some, the increase certainly would not equal the cost of the expansion. The value of the project would b,e • the availability of space for vehicles and a hobby woodworking area. At the present time two vehicles and a tent camper must remain, outside.- Although not a monetary .one, an additional value would be the improved appearance of the property achieved by moving the vehicles and camper inside the garage. RESPONSE TO QUESTION NO. 3 The 75 foot lot width, along with the building's dimensions and location, were established in approximately 1953. I purchased the property in 1976 and had no input into the above decisions. There are no other persons, other than my family, that have any present interest in this parcel of land. f • LJ CITY OF ST. ANTHONY NOTICE OF HEARING PETITION FOR VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by .the Planning Commission of - the City of St. Anthony on Tuesday, March 1987 , at 7 : 35 P.M. in- the Council Chambers of the City Hall, -3301 Silver Lake Road ( enter northeast corner) for the purpose: Consideration of a request from Dwayne Nelson, 3412 Roosevelt Street N.E. for a variance from the setback regulations of the Zoning Ordinance to allow construction of an addition to the south and west sides of the exist- . ing single car garage to within 6 feet of the south property line where the Zoning Ordinance requires a 10 foot setback. • Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall• be referred to the= City Manager, 789-8881. David M. Childs City Manager Publish.: March 4 , 1987 • e �. . WP - r H 4R V[;Y� A. CARTWRIGHf A ,NIGHT 1OLS®w . it-ILL. ♦lye R's" .'�. .. . .'A..O.IAI'7u•.T7 '\„wcTf 6``l1RRtH11�Y�1 OYQVPAI /. [. Mlll. /OTABI•\•'[O 100\ 1 \/7N AVf. N•f.\ [AfT RIVER RO C. I., fANO"']II, 107A\llO••f t1 1000 / B7f\LINO 0-0070• L A ND -S U-7 VE YORS J4r99 N91.204. fOTARLI\•.CO Iola RdOiSTEREO UNDER LAWS 001 STATE Or MINNESOTA HAROLD R. .OLSON LICENSED DY ORDINANCE OR CITY OF A1INNEAPOLIS INDUSTRIAL DO[ 174, ROUT[ 1 BUSINESS wforw000 f•.oRf\' 737 PLYMOUTH BUILDING LINCOLN 8721 _ LOT SURVEYS ~ MOUND 348M LAICESN0RIC sbucbepoc'g CeCt�fiIBtt PLATTING t II11S aa'n g L mk e : Is air Corp Inv, 11888 1 os -r, I fI � • ti j 1--- � P_ I lop We hereby certify that this is s -a true and correct plat of a survey of Lot 5, Block 2, Luke 's Second Addition; as surveyed i by us during the month of Octoter, 1?53a i iI 1 • I elaNeD. �.���!�� �'�•_ ICJ � ,l CAFITWRIGHT ANO OLSON � Lo i L!^IF IRA.Jk.14 K hOduoh1 (i Y('ic'A,) I -+- PIto-POSE o 4.2 X 2 Z I I � —(a I 6XIS7/A/fj f?A R4C,E I . z2 X 14 ft �o� �a x ail fit T IFOP0 ean Aoo!noA/ /�T 3 /z I�a7SEcT ST n/F lPRoPOSEP -&14RA6E 4on.noa/ ,4T 3412- �aeO�sE✓�T ST NE Z-.70-97 D. AIEAso-/ 10 DI E(.EVa•Tto/J IlIF-LJ TO 719E B:4•Si SGT % ivy E Rai,,4 iv.E EiLr,VA-r As - I _ OF. 14oM6s To NeRTN - - _ �_� •-� JC/_C!/�iTi� �1iC�:/_::..=�--t�:,er...�i.r-cT'. --, _.. ..ye�'�..-A:_;,�._i�s. - •o.o:::,p.,-�.._ = - _ SOYT�a:�E-.AOIRsx�MAT65. . CITY OF ST ANTHONY • PLANNING COMMISSION MINUTES MARCH -L7 1 9 8 7 1The meeting - wa_s .opened at 7 : 35- P.M. with the Pledge of . Allegiance 2 led by Chair' Franzese. 3 4The oath of office was administered by the City Manager to 5Commissioners . Stephen London and. John Wingard, Jr. 6 7Roll call: London, Wingard, Hansen, Franzese, Werenicz . 8 gAbsent: Wagner and Madden. 10 11Also present: David Childs, City Manager. 12 13JANUARY 20 , 1987 PLANNING COMMISSION MINUTES 14 15Motion by Hansen, seconded by Wingard to approve the above with the 16following changes: 17 18 Page 8,. line 37 : Remove "k" from -"areas" . 19 Page 12, line 35 : Insert "not" between "had" and "told'.' .. :. 29 Page 13, line 45 : Substitute "noisy" for "noise" . 21 Page 14, line 5 : Make "person" plural. • 22 Page 14, line 11 : Correct typo "Werenicz" . 23 Page 15, line 36 : Correct typo "persisted" . 24 Page 17 , line 16 : Correct typo "one" . 25 26 Motion carried unanimously. 27 L8COUNCIL REPRESENTATIVE DESIGNATED 29 30Commissioner Werenicz will represent the Planning Commission at the 31 Council ' s February 24th meeting. The consensus was that a fresh 32 start should be made related to the sequence of appearance before 33 the Council. 34 35 PUBLIC HEARINGS 36 37 Side Yard Setback Variance for Dwayne Nelson, 3412 Roosevelt Street 38 N. E. 39 40 The hearing was opened at 7 : 42 P.M. by Chair Franzese. She read the 41 notice of the hearing which had. been published in the March. 4 , 1987 42 Bulletin and mailed to all property owners of record within 200 feet 43 of the subject - property. No one present reported failure to receive 44 the notice or objected to its content. 45 46 Application: by Dwayne Nelson, 3412 Roosevelt Street N.E. for 47 a variance from the setback regulations of the • 48 Zoning Ordinance to allow construction of an 49 addition to the south and west sides of the 50 single car garage to within 6 feet of the south -2- 1 property line where the Zoning Ordinance -�require 2 - a 10 foot setback. 3 4 Staff report: Mr . Childs ' March 12th memorandum advised: 5 6 -City ' s Zoning Ordinance now requires a two car 7 garage in a single family residence. A one car 8 garage is a grandfathered use; 9 10 -the variance would put the property out of con- 11 formance relative to setback, but in conformance 12 relative to enclosed parking space; 13 14 -there would be a total separation of 11 feet 15 between Mr . Nelson' s property .and the house to 16 the south; 17 - 18 -no calls had been received by staff either for 19 or against the request. 20 21 During the discussions which were carried on between the 22 Commissioners and persons present to respond to the request, the 23 City Manager stated further that: 24 4 2 -a four foot variance would be required if a 26 22 foot wide garage would be constructed because• 27 the north setback on the property is only 5 28 feet from the property line, leaving 10 feet to 29 be made up on the south side to bring the project 30 into conformance with the Ordinance requirement 31 of 15 foot total side yard setbacks . The project 32 would conform to the Ordinance requirement that 33 at least 5 feet setbacks be provided on each 34 side; 35 36 -indicated that because there are so many one car 37 garages still in existence in the City, a number 38 of similar variances had been granted by the City 39 the last six years he has been City Manager; 40 41 -said that variances for setbacks of less than 5 42 feet from the lot line were considered difficult. 43 The Council and Commission seemed more receptive 44 to approving additions which came. within 5 or 10 45 feet of the lot line as long as at least a 10 46 foot separation between houses is maintained. 47 (This proposal would allow 11. ).; 48 49 -recalled there had been a good number of similar 50 variances granted after the tornado; 51 52 -confirmed that the Zoning Ordinance stated that 53 . eaves could project up to three feet into the Y 54 side yard but not closer than 30 inches to the 55 m -3- 1 property line., which meant the Nelson' s pro- 2 posal for- two foot eaves would be in conformance. 3 4 The Manager also said: 5 6 -these are no Ordinance restrictions on the size 7 of garages as long. as they meet the setback 8 requirements ; 9 10 -he didn' t think the City would oppose having 11 Mr . Nelson's service door swing out rather than 12 in; 13 14 the. City doesn' t allow anyone to add on if the 15 resultant drainage would adversely impact the 16 adjoining property. The Building Inspector 17 wouldn' t issue a building permit for this addi- 18 tion until he was certain there would. be no such 19 impact; 20 21 -the matter could be tabled until the next Commis- 22 sion meeting to allow the Nelson' s and -Mrs. 23 Ittner to discuss a time schedule for ' the con- 24 struction to take place; 25 • 26 -said neither Mrs . Ittner nor her grandson would 27 have to appear at the next hearing if they con- 28 tatted the City offices before the hearing about 29 the current status of the house sale and their 30 arrangements with Mr . Nelson. 31 32 Proponents: Dwayne and Nancy Nelson, property owners and 33 residents. 34 35 -when they had measured Mr. Bjorklund' s property 36 they had found his neighbor to the north had less 37 than the required 15 foot total side yard setback 38 ( 13 feet) but Mr. Bjorklund had 8 feet between 39 his house and their joint proeprty line and not 40 5 feet, as indicated on the sketch in the Com- 41 mission' s agenda packet; 42 43 -owners of 3420 , 3416 , 3417 , 3413 , 3409 , and 3405 44 Roosevelt Street had signed the petition . he had .45 distributed that evening but the other property 46 owners had . told him they planned to be at the 47 hearing instead; 48 49 -he wanted to build a 22 foot wide garage because 50 he wanted a service door in front ; needed space • 51 for the 3 cars and a boat he owned; and would 52 like to have space for a hobby wood working shop 53 if there was enough room; 54 55 i -4- 1 -his measurements had been from the house to the 2 lot line' but he planned to put up a two foot 3 overhang to match the rest of th2 structure; 4 5 -recognizing that the Ittner property to the south 6 had, a lower grade, he planfied to do anything 7 which would be necessary to divert the runoff 8 from his eaves away from that property; 9 10 -he expected the drainage would be improved with' 11 the new structure and anyway, Mr. Childs had 12 said the City would see to it that the Ittner 13 property would not be harmed by his addition; 14 15 -after being requested to consider delaying the' 16 project, said he had lived in the house the way 17 it was since 1976 so a few more weeks shouldn' t 18 matter too much, however 19 20 -he would be concerned if he were asked to wait 21 for a year or more just because the Ittner 22 house wasn' t sold. 23 24 Opponents : Mrs. Barbara Ittner, 3408 Roosevelt Street N.E. 25 and her spokesman, her grandson, Paul Szurek, 26. 3430 Benjamin Street N.E. • 27 28 Mr.- Szurek -told the Commissioners his grandfather had died 29 two weeks ago and Mrs. Ittner now lived at Chand- 30 ler Place; 31 32 -said she "totally" opposed the construction of 33 the garage while she was trying to sell her home 34 because she was concerned about what effect the 35 construction might have on prospective buyers; 36 37 -indicated she felt it would be better for the 38 new owners to have their say about the proposed 39 garage being so close to the home; and 40 41 -said she was concerned about the potential run 42 off damage to her house where she already had 43 problems with water in the basement; 44, - 45 -wondered with all the space he had in his back- 46 yard whether the garage could be redesigned to 47 meet the setback requirements, in which case his 48 grandmother would have no right to object to the 49 addition; . 51 -said he didn' t consider it would be unreasonable 52 to ask the Nelsons to delay their construction 53 until the Ittner house is sold, probably within • 54 the next six months or a year; 55 -5- • 1 -indicated :t-hey- had a prospective- buyer who had 2 not .been ' told about the Nelson' s plans for a '3 garage but, no purchase agreement had yet- been 4 signed. 5 6 Neighbors who Were Not Opposed But Had 'Some .Concerns About the 7 - Project 8 9 Leroy Genaw, 3404 Roosevelt Street N. E. (next to Mrs . Ittner ' s 10 property) : 11 - 12 -noted the procedures followed that evening were a lot more 13 formal than when he had served on the Planning Commission 32 14 years ago; 15 16 -said 15 yard setbacks were also required at that time but most 17 people could - only afford one car so single garages were common- 18 place; 19. 20 -speculated that the double garage on Bjorklund' s property had 21 been built along with the house in 1954 ; 22 23 -stated that the fact that he had not signed the petition approv- 24 ing the garage addition had not meant he was opposed to it, but 23 rather, • 25 27 -said because he had lived next door to Mrs . Ittner for so 29 many years , he was interested in what she wanted done;. ?9 . 30 -suggested a delay of a month or two on the Nelson' s part might 31 not be out of order. 32 33 Lou Novak, 3412 Roosevelt Street-N. E. 34 35 -said he had originally only come to listen to what was said at 36 the hearing, but 37 38 -thought the drainage problem could be remedied by draining the 39 runoff from the eaves down the driveway; 4.0 41 expected there might be less problems after the construction 42 than there had been in the past; 43 44 Commissioners ' Responses to the Variance Request 45 46 Werenicz was. concerned about leaving only 7. feet between the 47 overhangs on the Nelson and -Ittner homes because of 48 the potential for two rather than just one fire if 49 either caught fire; 50 51 -wasn ' t clear- in his own mind how he would vote on the 52 request because he peceived with all the houses on 53 that street with single garages, the City might end up 54 with "houses on top of houses" if the precedent for 55 -6- 1 variances for double garages were set; • . 2 ` 3 -didn ' t think the Commission should be speculating on 4 how long it would take for the Ittner house to be 5 sold; and 6 ' 7 -supported Commissioner Hanseri' s suggestion tha)t ,it 8 should be- left to the two neighbors to compromise the 9 issue. 10 11 Franzese -complimented Mr. Nelson on the indepth answer he had ' 12 provided on the application to the questions which are 13 required to be answered in the affirmative; 14 15 -asked Mrs. Ittner why, if Mr. Nelson had indicated he 16 recognized the addition .might enhance the value of his 17 property, she thought the garage would downgrade her 18 property valuation; 19 20 -pointed out that the Ordinance does allow houses to be 21 as close to each other as Mrs . Ittner ' s house and the 22 proposed garage would be; 23 24 -did not consider the separation would be "inordinately 25 close" ; . 26 27 -said she had noticed there were a good number of 28 double garages on Roosevelt Street and doubted that ii•- 29 more were built there would be "houses upon houses" as 30 Commissioner werenicz feared; 31 32 -stated she would be in favor of Mr. Nelson' s request 33 for a 22 foot wide garage but was also concerned about 34 Mrs . Ittner ' s welfare; 35 36 -suggested Mr. Nelson might be further ahead waiting 37 for the house to be sold and then getting the garage 38 he wanted. 39 40 Hansen -indicated he was in favor of allowing a double garage 41 on this property because it met the City' s desire to 42 get cars off the street and driveways and into 43 garages; 44 45 -shared Mrs. Ittner ' s concerns about being able to sell 46 her house; 47 48 ' -said the concerns of neighbors had always been an 49 issue to be considered when granting variances and the 50 City had always tried to get neighbors together to 51 - come to terms with their differences ; but 52 53 didn' t believe -the Commission should set any deadline7__ 54 for that to happen; 55 7- 2 -perceived - this -was a unique situation and considered 3 Mrs . Ittner' s request to be able to 'sell her house to 4 be a reasonable one; 5 6 -wanted the record. to show that ,the Commissiones were 7 neither for or against either of the neighbors and' 8 that the decision to table the matter had been with 9 the blessings of both parties. 10 11 London -considered the distance between houses to be somewhat 12 "cosmetic" but wanted assurance the drainage .wouldn' t 13 adversely affect the house next door ; 14 15 -thought Mr. Nelson' s was a good proposal and wanted to 16 see the neighbors agree on a time limit over which 17 Mr . Nelson would have to wait to build his, garage. 18 19 wingard -indicated the most important issue as far as he was 20 concerned was the stress Mrs . Ittner was already ex- 21 periencing with the death of her husband and trying to 22 sell her property; 23 24 -said he would appreciate Mr . Nelson giving her a 25 ccuple of months to get the property sold; • 26 27 -told Mr . Nelson he perceived he had a better chance 28 of getting the garage he wanted approved if he waited 29 for the Commission' s decision. 30 31 The hearing was closed at 8 : 23 P.M. 32 33 Commission Action 34 35 Motion by Hansen, seconded by werenicz to table the request from 36 Dwayne Nelson for a four foot variance to the Ordinance requirement 37 for 15 foot. total side yard setbacks until the April Commission 38 meeting. The request is tabled to provide Mr. Nelson and Mrs. 39 Ittner and her representative the opportunity to resolve either an 40 alternative to the plan or a date when the proposed . garage 41 construction might take place.. 42 43 Motion carried unanimously. 44 45 Hennepin County Community Development Block Grant Program Year XIII 46 Allocation 47 48 The public hearing to receive public input on how the City' s 49 allocation of CDBG funds should be divided was opened at 8 : 35 P.M. 50 • 51 The notice of hearing which indicated the .activities which the City 52 was proposing to fund with these monies had been published in the \:. 53 March 4 , 1987 Bulletin, however no resident was present to aid the 54 Commission in formulating a recommendation to the Council. 55 .EDWARD J . HANCE LAW 'OFF•ICES, LTD.. '• - - SAINT ANTHONY NATIONAL' BANK BUILDING, SUITE 200 2401 LOWRY AVENUE NORTHEAST- ' MINNEAPOLIS, MINNESOTA S'54_I-8• - EDWARD J. HANCE JOEL T: LEVAHN ' PATRICK J. OMEARA PAUL W. FAHNING - TELEPHONE ALLEN R. DESMONO •(612) 781-4858 ASSISTANTS TERESA H. CRAVEN _ KATHRYN A. DAILEY April 20 ,_ 1987 Mr.- David Childs - City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Captain Richard Engstrom St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Chief Donald Hickerson St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Gentlemen: Enclosed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court on April 15, 1987. Should you have any questions or comments, please contact me. Yours very truly, PA ICK J.' 01-MEARA En losure PJO/kd ' ST. ANTHONY PROSECUTION ACTIVITY • April 15, 1987 EDWARD J. HANCE LAW OFFICES, LTD. Submitted by: Patrick J. O'Meara Assistant Prosecuting Attorney 2401 Lowry Avenue N.E., Suite 200 Minneapolis, Minnesota 55418 Telephone: (612) 781-6539 A R R A I G N M E N T S - The Honorable Thomas H. Carey DEFENDANT PLEA SENTENCE Cropper, Natalie Jean Charged with shoplifting; Pled Jail - 90 days, 90 days stayed; On 103 guilty. conditions of no same or similar offense,and completion of treatment and aftercare program at North Memorial Hospital. Dziedzic, Patricia Margaret Charged with speeding; Pled Fine - $40.00. 112, 116 guilty. Eggert, Rent Wade Charged with no insurance and 114 possession of marijuana in a motor vehicle; No appearance at April 15, 1987, arraignment; Bench warrant issued. Erickson, Gary Eugene Charged with gross DWI, gross Engstrom, 113, 115 alcohol content of .10 or more (.23) , and aggravated DWI; Pre-Trial set for May 6, 1987. • Esau, Michael Robin Charged with misdemeanor speeding; 116 Pre-Trial set for May 6, 1987. Evangelist, Thomas James Charged with shoplifting; Pled Stay of imposition of sentence for 113 guilty; Stay of imposition of one year with dismissal at that time sentence for one year. on conditions of no same or similar offense and payment of $10.00 in court costs. Furlong, Kristin Rose Charged with speeding; Pled Fine - $100.00. 108 guilty. Gardner, Troy Allen Charged with gross DWI, gross Engstrom, 108, 113 alcohol content of .10 or more (.15), and aggravated DWI; Jury Trial set for May 22, 1987, at 10:30 p.m. Greschner, Michael John Charged with speeding as Fine - $100.00. 112 misdemeanor; Pled guilty. Gumbrill, Corine Renee Charged with careless driving; Fine - $50.00. 108 Pled guilty. Harris, Michael Charged with failure to stop for Fine for failure to stop for stop 104 stop sign, driving without valid sign charge - $25.00; Fine for petty Minnesota driver's license, theft charge - $75.00; Jail for and shoplifting; Pled guilty to petty theft charge - three days, failure to stop for stop sign three days stayed; On conditions of and petty theft. no same or similar offenses and restitution to Dick's Amoco Station. Harvang, Ole Thomas Charged with possession of Fine - $25.00. 108 alcoholic beverage by 18-year-old; Pled guilty. Hughes, Mary Beth Charged with shoplifting; Arraign- 114 ment continued until May 6, 1987. Johnson, John Edward Charged with suspended plates and �16 owner allowing uninsured motor vehicle to be operated; Pre-Trial set for May 6, 1987. Johnson, Keith Donald Charged with speeding and expired Fine-- $25.00; Speeding charge con- 116 license; Pled guilty tinued one year for dismissal on to expired driver's license; conditions of no same or similar Speeding charge continued one offenses and payment of $100.00 in year for dismissal. court costs. Kieffer, Douglas Allen Charged with DWI, alcohol content 115 of. 10 or more (.13); alcohol content of .10 or more within two hours (.13), and.operating motor vehicle without rear bumper attached; Pre-Trial set for May 6, 1987. Lobash, Shelley Ann Charged with shoplifting; No 103, appearance at April 15, 1987, arraignment; Bench warrant issued. Masica, Paul Vincent Charged with no insurance; Pled Fine - $100.00; Jail - 10 days, 10 112 guilty, days stayed; On conditions of no same or similar offense and restitu- tion to victim. Schaeppi; Daniel Patrick Charged with DWI, alcohol content 108 of .10 or more (.14) , and open bottle; Jury Trial set for May 29, 1987, at 8:45 a.m. Snell, Daniel Laurence Charged with speeding, no Fine - $75.00. 108 insurance, and operating motor vehicle with defective .head- lights; Pled guilty to speeding; No insurance charge dismissed .as Defendant showed proof of insurance on the vehicle to the court at his arraignment; Defective headlight charge dismissed. 1 Spano, James Joseph Charged with DWI, alcohol content 116 of .10 or more (.18), and alcohol content of .10 or more within two -hours (.18);, Pre-Trial set for f May 6, 1987. Wheeler, Paul Gary Charged with speeding; No 115 appearance at April 15, 1987, j arraignment; Bench warrant issued. P R E - T R I A •L S - The Honorable Thomas H. Carey b YDEFENDANT PLEA SENTENCE Dirlam, Thomas Patrick Charged with DWI and alcohol 108 content of .10 or more within two hours (.16) ; Defendant to enter written plea of guilty by June 3, 1987;,If written plea not received by that date, • bench warrant will be issued. Reilly, Cynthia Kay Charged with DAS, speeding and Fine - $50.00. 1 113 expired registration; Pled guilty to DAS; Other charges dismissed. i r J U R Y T -R I A L S AdlbDEFENDANT PLEA SENTENCE Bohmer, Michael Charged with gross DWI, gross Sentencing deferred for six weeks Thoemke, 112, 115 alcohol content of .10 or more until Defendant's girlfriend deli- (.10) , and aggravated DWI; vers her child. At that time, Pled guilty to gross DWI; Other Defendant will be sentenced, however charges dismissed; Presiding it is expected that Defendant will Judge - The Honorable John W. be sentenced to 365 days, with 305 Borg. days stayed. Defendant will then be required to go into treatment as recommended in the pre-sentence investigation report. If Defendant goes into in-patient treatment or if Defendant goes into out-patient treatment and the counselor's report shows that he took treatment seriously, Defendant may be required to serve only 45 days in jail. Young, David Dean Charged with passing through Fine - $100.00; Jail - one day, 115 stop sign (misdemeanor); stayed six months; On condition of Pled guilty; Presiding Judge - no same or similar offense. The Honorable Robert A. Forsythe. C O M P L A I N T S DEFENDANT OFFICER CHARGE Alexander, James Curtis Officer John-MacQueen Charged with DWI and alcohol content of .10 or more within two hours .Garda, Jon Harold Officer David Carlson Charged with DWI, alcohol content of .10 or more (.20) , alcohol content of .10 or more within two hours (.20) , careless driving, and operating a motor vehicle without required insurance. Gilmore,. Mark Allan Captain Richard Engstrom Charged with gross DWI and Officer David Carlson gross alcohol content of .10 or more (.14). Hofford, Anthony Glenn Officer John MacQueen Charged with operating a motor vehicle without required insurance and defective tail lights. House, Gary Allen Officer John Ohl Charged with expired registration and operating a motor vehicle without required insurance. Lees, Jr., Norbert Joseph Officer David Carlson Charged with driving after suspen- sion and defective tail lights. Miller, Jeffrey Jay Officer John MacQueen Charged with driving•after revocation. Petite, Jr., Michael _Captain Richard Engstrom Charged with aggravated DWI, DWI, Alexander Officer John Ohl failure to stop at scene of acci- Officer Jeffrey Scholl dent, driving after revocation, and operating motor vehicle without required insurance. iPfeifer., Brett Michael Captain Richard Engstrom Charged with gross DWI and gross Officer William Ferguson alcohol content of .10 or more Officer John Ohl (.16). Roppe, Joseph Allen Citizen' s Complaint Charged with violation of 'an order for protection. Skow, .Terry Wayne Officer John MacQueen Charged with giving false. infor- mation to a police officer. Stinson, Jerry Alan Officer David Carlson Charged with driving 'after 'revoca- � tion and expired registration., . Taft, Michelle Terese Officer Dominic Cotroneo Charged with operating a motor vehicle without required insurance . and speeding. Wallace, Jr. , Donald Oren Citizen' s Complaint Charged with issuance of worthless checks. D I S M I S S A L S '-DEFENDANT CHARGE REASON FOR DISMISSAL Pfeifer , Brett Michael Charged with DWI offenses. The Defendant was issued tags . before . St. Anthony Citation it was learned that the offenses- - Nos. 187-632656-0 and committed were gross DWI offenses-, 187-632657-8 The Defendant was subsequently Officer William Ferguson booked on gross misdemeanor : DW-I offenses, and the arresting officer requested that the. citations which had been issued for misdemeanor DWI offenses be dismissed. MEMORANDUM DAB E : April 21 , 1987 ''O _ David Childs,- City Manager Department Heads FROM m Connie Kroeplin 2'°EL01 s STAFF MEETING NOTES - APRIL 21, 1987 The meeting began - at 10:00 A.M. Those present were Carol Johnson, Dave Childs, Larry Hamer, Lee Entner, and Connie Kroeplin. Don Hickerson arrived late and Ray Nelson was absent. Carol Johnson 1. Discussed the new electronic voting machines. . She and Mr. Hamer plan on going to observe the machines when they are put in use in Rochester ( first part of May) . Mrs. John- son feels that counting both absentee and write-in ballots will be much easier with -the new machine. The 'old voting machines are not proving easy to dispose of. Mr. Hamer thought perhaps the unions should be contacted to see if they would have use for them. Larry Hamer 1 . Thanked the fire' and police departments for their assistance Easter weekend when the City ran short of water and resi- dents needed to be notified not to sprinkle. lawns, .etc. on Monday '( 4/20/87 ) an odd/even sprinkling went into effect. This appears to be working fine. The sooner Well #5 is charged to electronic power ( interruptible system) , the better for our water system. This is scheduled for 1988. 2. The hazardous materials response vehicle has been redone (paint, body work, etc. ) and returned to the City of Fridley. 3 . Tear down work has been completed .at the liquor store and Mr. Hamer feels the repair work will proceed at a much faster pace. 4. The Village Townhomes are now complete. 5 . The Kenzington has asked for a pedestrian crosswalk directly in front of their building. Mr. Childs indicated the signals will be there so, that will probably, be fine. other cross_- walks ,will be located in front of Lowry Grove and at Coolidge. Sales. at the Kenzington have picked, up quite a bit. Connie Kroeplin 1 . St. Anthony and New Brighton are co-sponsoring a MuniciPals banquet on Wednesday ( 4/22/87 ) . It will be held at the Atrium in the International Market Square (old Munsingwear building) . Mayor Sundland will welcome the group of about 500 municipal office workers. -2- Lee Entner 1 . Showed four different styles of Civil Defense picture ID cards. One style was selected and will cost about $500. Don Hickerson 1. Interviews are taking place for the police secretarial position. 2. The. Public Works is readying the new squad car. Dave Childs 1 . Discussed the meeting, he attended the previous day with School representatives regarding the ParkView building. :cjk4 . 28 . 87 DATE : A P PROVA L April 23, 1987 Mayor and Councilmembe' s FROM : Larry Hamer, Public Works Director I T EM : QUOTATIONS FOR ROAD MATERIALS Quotations for road materials were received on- April 13, 1987 to be awarded for 1987. There will be no price change until April , 1988. BLACKTOP Midwest Asphalt T. A. Schifsky & Sons AC Fine, FOB per ton $21.65 $26.00 AC Fine, picked up per ton 18.90 22.00 AC Course FOB per ton 21.46 25.00 AC Course, picked up per ton 18.71 21.50 MC Fine, FOB per ton 25.15 26.00 MC Fine, picked up per ton 22.40 22.00 MC Course, FOB per ton 24.96 25.50 MC Course, picked up per ton 22.21 21.50 Recommend award to Midwest Asphalt. SEALCOATING OIL Koch Materials RC 800 picked up 0.7000 per gallon RC 800 delivered 0.7236 per gallon One bid was received and I recommend it be awarded to Koch Materials. CONCRETE Wyatt bros. ready mix 3A32R, 14 rock, delivered 48.15 per yard `--3A32M- -3/4 rock, delivered' 49.00 per yard Recommend award to Wyatt Bros. Ready Mix (only bid received) . AGGREGATE Barton Sand & Gravel Elk River Landfill Sand, FOB per yard 3.85 7.90 Sand, picked up per yard 2.25 1.00 Class #5, FOB per yard 4.60 8.35 Class #5, picked up per yard 2.75 1.55 72- . Recommend 'aggregate quotation be awarded to Barton Sand and Gravel . Most of the aggregate is delivered and it would not be cost effective to go .to Elk River' to prick up materials. :cjk4.28.87 i J a • M EMO RAN DUM D AT E April 23 , 1987 TO = Mayor and Councilmembers F ROM = David Mi Childs , City Manager I T EM LIQUOR REMODELING/RECONSTRUCTION *Costs of Stonehouse remodeling will be approximately $150 , 000- 160 , 000, barring unforeseen expenses. *Bids ,for the off-sale have been received. The eight bids re- ceived ranged from a low .bid of $288 , 500 by Fulco Construction Co. to a high bid of about $324 ,000 . *Cost estimates for a restaurant and seating area addition are about. $60 , 000 . (Possibly less, depending on how much electrical and plumbing we can get a potential restaurant operator to pay for . ) *I have discussed bonding with Springsted, Inc. and the follow- ing is a preliminary estimate of terms of such a bond: -8-1/2 percent interest -10 year maturity -Costs: New construction $288, 500 Remodeling 220 ,000 Construction subtotal $508 , 500 Architect/Engineer $ 62 , 500 Contingency 19, 000 Subtotal $590 , 000 Required reserve @ 10% $ 68 , 000 Discount 12 , 000 Issuance costs 15 , 000 TOTAL BOND $685 ,000 -Estimated annual debt service costs at $97 , 500 . • *Springsted is recommending a public sale rather than a negotiated sale. If ordered next week, bid opening would be May 26th. *This means that the Council may not want to award the off-saie contruction bid until May 26th or you could award it subject to the City acquiring financing. -2- *Either way, a meeting with the financial advisors is necessary - and I would like to schedule such a meeting for about 7 : 00 P.M. on Wednesday, April 20th, if possible. *Some alternative thoughts relating to the restaurant. We do not yet have a restauranteur since we decided not to actively begin searching until all the- bids were received for the� off- sale space. 1. We can build the space now and begin looking for some- body to operate the restaurant, so that a potential lessee has something to look at. 2 . We can find an operator and "then build the space,- thus avoiding the possibility of having the space empty if we are. unabl,e to find one, or having the wrong layout if the lessee has certain requirements. .. 3 . We could wait to construct the restaurant in another year or so, thus not including the cost in the bond issue and decreasing the issuance costs and debt service by about 10%. No matter when the work is done, it should be remembered that the • cost estimates anticipate work being done by Public Works, and thus the work must be scheduled around their availability. other jobs pending might include a parking lot and playground at the school and/or remodeling of Parkview for Fire Department use. • COMMISSION NUMBER' 86033 :3 SAINT ANTHONY. VILLAGE LIQUOR STORE BID OPENING: Apt'i-1 21,• -1987' Saint Anthony, Minnesota 2:00 P.M. BID TABULATION - GENERAL CONSTRUCTION z z o z o C) C; V) O O U U O Z. Z F-' S O O F— Z' O O ZU !- U Ca O N U O ^ U J Cn cc f/) ._ _I Z W Z J g m Z Q O O =)O r. O Q U_ l..) LL U LL U ONTRACTOR Base Bid 292,000 309,754 316,800 288;500 301,965 Performance & Payment Bond 2,900 3,300 4,500 3,975 4,210 ddenda: 1 • 2 X X X X X "rime of om letion 180 180 140 160 11-1-87 nit Price 1 $12.50 $16.00 $20.00 , $12.50 $12.88 Unit Price 2 $150.00 L.N.+15% $250.00 $75.00 $122.00 Unit Price 3 $50.00 L.M.+15% $30.00 $5.00 $10.00 Unit Price 4 $7.00 L.M.+15% $25.00 $3.50 $4.00 Option Price 1 -- -- -- -- -- Option Price 2 -- -- -- -- -- Option Price 3 -- -- -- --Option Price 4 -- -- -- -- -- Mechanical Subcontractor Air Corp X Spartan Steitz. Spartan Amount $41,000 -- $45,600 $38,500 $45,600 Electrical Subcontractor Donnelly -- Donnelly Page Donnelly • Amount 32,000 31,624 $31,500 31 ,624 Bid Bond X X X X X April 21 , 1987 Bid Tab-1 86033 COMMISSION NUMBER 86033 . 3 • SAINT ANTHONY VLLLAGE LIQUOR S.TO:RE .. BID OPENING: .April 21 , 1987. Saint Anthony, Minnesota 2:00 P-M. BID• TABULATION - GENERAL CONSTRUCTION Z O V O U Z' Z O Z p Z O O i--- Z !-- M:.DC W W N 1- Y �O J C)C Z 00 CONTRACTOR Base Bid 324,773 311,400 298,400 Performance & Payment Bond 2,400 3,800 2,984 Addenda : 1 2 •Time of Completion 160 150 10-1-87 Unit Price 1 $6.20 $16.00 $17.50 Unit Price 2 $50.00 $175.00 $140.00 Unit Price 3 t8.50 $25.00 $16.00 Unit Price 4 3.91 $12.00 $5.00 Option Price 1 Option Price 2 _ _ Option Price 3 --_ Option Price 4 --- --- Mechanical Subcontractor Subcontractor Plot Listed Spartan Spartan Amount, 45 600 45%600 Electrical SubContractor Not Listed Donnelly Donnell Amount 31.624 31,624 • Bid Bond X X X April 21 , 1987 Bid Tab-2 86033 . ain ®n ilia e DATE : APPROVAL- : April 20 , 1987 -� David Childs, City-Manager FROM : \ Larry Hamer, Public Works Director I TEM : STONEHOUSE KITCHEN AND ADDITION The kitchen and new entryway will be figured together and the existing entry system will have to be moved. The entryway is 8 ' X 7 ' , the kitchen is -20 ' X 301 . _ The new addition for setting is 20 ' X 29 ' . The Kitchen and Entryway Cost Footings and blocks & 4" floors $ 5:,200 Bar joist & metal deck 1,710. Installation of bar joist & deck . .600 Kitchen door, 3 . 0 outside 325 Kitchen inside doors, two 3 . 0 600 Kitchen tile floor, 20 ' X 30 ' 848 Kitchen wall cover 200 Wood, furring, sheet rock ceiling 1 ,000 . . . Plumbing, ( rough-in 3 ,000) complete 15 ,000 Electrical, ( rough-in 3 ,000 ) complete 15 ,000 Heating extension duct work 800 Entryway doors 2 , 400 Entryway electric 400 Entryway tile floor, 7 ' X 8 ' 500 Roofing of entryway & kitchen, 38 ' X 20 ' 2 ,000 TOTAL $45, 933 The New Addition Footing, blocks and 4" floor $ 4 ,200 Bar joist & metal deck 1 , 305 Installation of bar joist & deck 550 Steel header, I beam, 29 ' installation 600 windows 3,00.0 Carpet floor, 58 sq. ft. 1, 160 Wood, furring, sheetrock ceiling 500 Electrical 1 ,000 Heating extention duct work 600 Roofing, .20 ' X 29 ' addition 1 , 500 TOTAL $13 , 425 If both additions are done, installation of the steel will be approximately $1 , 277 . I am adding a contingency fund for miscellaneous cost of $1 , 500 . : cjk4 . 28 . 87 b The figures are approximate (on the high end) because of the lack .of detail in the plans. The highest cost is "for the electrical and - - plumbing. The electrical is wide open, depending upon the equipment- installed -in the kitchen. A typical kitchen can be .completed for $15, 000. If we just supply the service, we can get by with $3 , 000. If we just rough-in- the plumbing in the- kitchen, the cost would only be about $3 ,000. The cost for a typical kitchen has been estimated ---__ at $15,000 . The City' s Public Works Department will dig the footings and backfill'-' when the block work is completed. --- •With,.the exception of the roof , plumbing, electrical/mechanical, all the inside and finishing work will be done by the Public Works. If a solarium is desired rather than windows in the eating area, the cost of the block work roof trusses would change. The solarium cost is $10 ,800. For a 10 ' X 29 ' installation of the solariu m, cost will be $3 ,000. The proposed windows will be about the same area involved in the solarium, with the exception of the north end, which most of the 20 feet will be glass. LH:cjk • "PYA one e Ce S FOODSERVICE DISTRIBUTORS April' 20 , 1987 _ CITY OF ST. ANTHONY 3301 , Silver. Lake Road St . Anthony , MN 55418 Attn : CITY CLERK Attached is -our bid for Bar Furniture for the City ! s Municipal Liquor Bar . Prices include freight and delivery to the site . Furniture prices are for the Bertolini#6082 Stools , Shelby #808X Stools and Shelby 44470 Chairs , as specif ied . Thank you for the opportunity to quote on this project . PYA/MONARCH, INC. �ARY C ISTER � . Contract Sales Department GZ/eh Attached 41 s bul only • P. O. BOX 9452 MINNEAPOLIS, MINNESOTA 55440 PHONE:(612) 542-1725 FURNITURE SPECIFICATION Heavy wood: 1 . Seventy-five ( 75 ) bar stools with backs , upholstered seat and back, grade 10 , Bertolini 6082# or equal. $9,750.00 2 . Sixty-one ( 61 ) bar stools without backs , upholstered seats , grade 10 Shelby Williams 808X# or equal.' $7,686.00 3 . Six ( 6 ) chairs with upholstered seats , grade 10 Shelby Williams 4470 : $ 432.00 wood frame finish *_c :patch and be coordinated with mill work. TOTAL PRICE: $17,868.00 • CITY OF ST. ANTHONY ORDINANCE 1987-002' AN ORDINANCE RELATING TO THE DEFINITION OF A FAMILY AND TO OFF-STREET PARKING REGULATIONS; AMENDING SUBDIVISION 2 OF SECTION 2 OF 'APPENDIX I (ZONING) OF THE 1973 CODE ' OF ORDINANCES BY AMENDING PARAGRAPH 29 AND BY ADDING A NEW PARAGRAPH 77 (a) ; AND AMENDING SUBDIVISION 9 OF SECTION 12 OF SAID APPENDIX BY AMENDING ' PARAGRAPH ,8 AND BY ADDING NEW 'PARAGRAPHS 13, 14 AND 15 The City Council of the . City of St. Anthony hereby ordains : Section 1. Paragraph 29 of Subdivision 2 of Section 2 of Appendix I of the 1973 Code of Ordinances is amended to read as follows: 29. Family - one person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or• a group of not more than the owner of a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities . Section 2 . The following is added to Subdivision 2 of Section 2 of Appendix I of the 1973 Code of Ordinances as paragraph 77 (a) : 77 (a) Vehicle -. car, van, pickup, mototcycle, snowmobile, motorhome, camper, trailer, boat, truck, or similar - item licensed by the State of Minnesota for use on roadways' or waterways, ,but excluding bicycles and mopeds. Section 3. Paragraph 8 of Subsection. 9 of Section 12 of Appendix I of the 1973 Code of Ordinances is amended to read as follows : 8. Any parking area or access - drive constructed in any district after May 1, 1987 shall be paved with either asphalt or concrete. Section 4 . The following is added to Subdivision 9 of Section 12 of Appendix I of the •1973 Code of Ordinances as paragraphs 13, 14 and 15: I13 . All vehicles, as defined in Section 2, Subd. 2, paragraph 77 (a) of this Appendix I, parked on any lot in an R-1, R-2, or' R-3 district shall be parked on a surface paved with asphalt or bituminous material , concrete, cement, brick, or other paved surface, or on a gravel driveway • located in the front yard. 14 . Not more than four vehicles, as defined in Section 2, Subd, 2, paragraph 77 (a) of this Appendix I . owned, operated or stored- on a lot by an occupant' of a residence on the lot and not located in a garage or other building, may be parked on- any lot located In -..an- R-1, R-2,' or, R-3 -district . 15. Any vehicle without a current state registration must be stored in..a, garage or other building. Section 5. This Ordinance shall be effective as of its date of publication•. First Reading: March- 2-4,; 1987.-. Second Reading: April_ .-8 ,, -1987 Adoption: i Mayor ATTEST: City Clerk Published: St. Anthony Bulletin on the day of 1987 .