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Home My WebLink AboutPL PACKET 02211984 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100394 Box: 15 Folder: PL PACKETS 1984 Document: PL PACKET 02211984 i I il� • , 13 j CITY OF ST. AI4THONY PLANNING COMMISSION AGENDA h February 21, 1984 7: 30 P.M. d 1. Call to Order. 2. Roll Call. 3. • Swearing- in. 4. Minutes . a. Planning Commission - November 15 , 1983. b. Planning Commission Special Meeting - January 3, 1984 . 5 . Designate Commission Representative to the Council Meeting February 28, 1984 . 6 . Miscellaneous . a. Gross Golf Course Clubhouse Site Plan. 7. Public Hearings . a. 7 : 35 P .M. - File 01-84 , Hoversten Variance . b. 7 : 45 P.M. - File 02-84 , St. Anthony Court Sign Variance. C. 8 : 00 P.M. - File 03-84 , Flaherty Variance. d. 8 : 30 P.M. - File 04-84 , Walbon Lot Split. e . 8 : 45 P .M. - File 05-84 , Video Update Conditional Use Permit. 8. Zoning and Ordinance Variations . 9 . 'Old Business. a. Midland Park Subdivision. 10 . New Business . a. Reschedule March 20th Planning Commission Meeting ; (due to caucuses) . 11. Adjournment. 1 ' f CITY OF ST. ANTHONY • PLANNING COMMISSION MINUTES November 15 , 1983 The meeting was called to order by Chair Pro Tem Zawislak at 7: 30 P.M. Present for roll call : Jones, Zawislak , Wagner and Franzese . Absent: Makowske, Bjorklund, and Bowerman. Also present: David Childs , City Manager. The following amendments were accepted for the October 18th Commission minutes: Page 2 , para. 6 : Substitute "Injection" for typo "injunction" iii line 10 . Page 3., para. 6 : Substitute "It was reported" for "Mrs . Makowske reported she had learned" in line 1. Page 3, para. 7: Substitute "She" for "and she" and eliminate "this might be an in indication" in lines 3 and 4 . Page 4 , para. 1 : Add " and could present a hazardous situation" • followinq "necessary" in line 1. Motion by Commissioner Jones and seconded by Commissioner Wagner to approve as amended the minutes of the Planning Commission meeting held October 18th, 1983 . Motion carried unanimously . It was agreed that, if the only formal action taken . that evening was the concept review of the Walbon lot split , there need be no represent- ative in attendance at the next Council meeting. The Manager indicated there was no longer any urgency to develop a Housing Plan for the City since the Arkand Partnership have indicated they have other methods of financing the rollover of homes to enable their owners to buy into the Kenzington condominiums . He said the redevelopers anticipate a majority of the purchasers would be from Minneapolis which has its own housing bond programs and it would not be economically feasible for the City or Developer to put up a million dollars in front end dollars to set up a housing bond program for the number of St. Anthony residents who can be expected to buy condominiums . However, even though the Housing Plan would not be approved until January 6 , 1985 , Mr. Childs indicated he would like to see such a plan developed early next year. There are 12 condominiums sold to date , Mr. Childs reported, and construction won't be started until 50% or 67 are sold. However, the redevelopers are putting up a model beginning the week of November 21st. The Manager told Commissioner Jones there would be no speculative buying, at least on the first round of unit purchases , on the project. i -2- • He also reported the City has no money tied up in the project at all , since the land was sold to the redevelopers for more than it cost. The City will give a Quit Claim Deed for the disputed land between the project and the mobile home park but the project itself would not be affected no matter how the redevelopers choose to handle it. The request from Irving Walbon ' s attorney, Robert Halva, 3948 Central Avenue N.E. , for concept approval for the division of the parcel on the corner of Old Highway 8 and 33rd Avenue N.E. into two residential lots had been included in the agenda packet along with a copy of the half section sheet identifying that property; a copy of the City ordinance pertinent to the request. The Manager 's direction to the Commission related to the lot split request was also included. Mr. Halva was present to discuss his client's request that the parcel owned by Mr. Walbon, which is approximately 20 ,000 square feet, be split into two residential lots to be built on sometime in the future . The attorney explained that his purpose in coming before the Commission was to assure his client that - the resultant configuration of lots developed with the split would be acceptable to the City. There was a brief discussion of the historical background of the triangular jog of land into the other property owned by Mr. Walbon to the rear of the parcel , which, if left in the parcel, would bring both proposed lots into compliance with the City Ordinance , according to the attorney . However, assuming the City would prefer the back property lines being straightened out, Mr. Halva indicated his client would be willing to develop the lots in any manner, including angling the lot lines , the Commission might suggest. His primary purpose in coming before them was to ascertain before an expensive survey is made, whether or not two residential lots are possible for that parcel . Commissioner Jones indicated he perceived there must have been at least a 25 foot right-of-way provided between this parcel ' s lot line and Old Highway 8 before it was downgraded, which would constitute an extenuating circumstance under which a variance for the lot split could be granted if necessary , and said he personally would have no problem with the lot split which would eliminate .the jog in the back of the property. Commissioner Franzese agreed but wondered if some guidelines should be set for providing uniformity in backyard setbacks . No formal action was taken but a poll of the Commission members indicated agreement with having the outside dimensions surveyed and street set- backs verified, with the understanding that the Commission would work with Mr. Walbon's attorney to make the lot lines work when the formal request for a lot split comes before them. . Motion by Commissioner Jones and seconded by Commissioner Franzese to adjourn the meeting at 8 :15 P.M. Motion carried unanimously . Respectfully submitted, Helen Crowe , Secretary 4 r CITY OF ST. ANTHONY • PLANNING COPIMISSION MI.NLYFES .January 3, 1.984 The special meeting of the Planning Commission called by the City Council to review and give a recommendation on the revised site plans for a Conditional Use Permit for the proposed expansion of the Elmwood Lutheran Church at 3615 Chelmsford Road was called to order by Chair Pro Tem Zawislak at 7 : 30 P.M. Present for roll call : Zawislak, Bowerman, Bjorklund , Wagner , and Franzese. Absent: Jones . Also present: David Childs , City Manager ; and Councilman-elect Makowske , who was an observer and not a participant. On August 16, 1983, the Commission had recommended denial of the original Elmwood request for a 75 foot addition to the existing church structure because of objections of the neighbors to the size of the proposed expansion and its proximity to the abutting residences . In his December 28 memorandum to the Commissioners setting up the special meeting , Mr . Childs had advised them that , because major changes had been made in the church' s proposal and the neighbors ' concerns had been resolved, the Council had decided there was justification for returning the request for a Conditional ' Use Permit to the Commission for further consideration prior to final action by the Council January 10 . The ,Manager had attached to his memorandum the revised site plans for the main floor and basement addition which had reduced the extension to the existing sanctuary to 15 feet and had moved the classroom addition back 57 feet from the property line. The new plans were identified as Exhibit A by Commissioner Bjorklund. Mr . Childs indicated staff had recommended approval of the revised proposal perceiving no major neighbor concerns r-emained unresolved after the meetings of church and neighbor representatives , which he had attended. He reported the church officials had agreed to provide low maintenance type landscaping on the south side of the building to alleviate the problem of mowing the steep embankment which separates the church property from the residential backyards on that side and to soften the impact of the church building on those abutting properties . Elmwood representatives had also .agreed not to extend the sactuary any further east or west anytime in the. future , the Manager said. Dick Jones, 5157 6th Street N. E. , an Elmwood trustee and chairman of the church' s building committee , reported that , after the project architect had explained to the neighbors that the balcony addition they had suggested would not • be structurally feasible , they had indicated a willingness to accept the proposed 15 foot extension of the sanctuary as long as 2 they could be certain the total length of_' the sanctuary would • never exceed 77 feet. . ,%1r . Jones said the architect would be drawing up the landscaping plans to improve the slope of the land and to prevent water runoff on the abutting neighbors ' properties which would be presented for neighbor approval sometime in the spring . He hoped these plantings could be worked into the existing shrubberies which now separate the church parking lots from the adjacent park property north of the existing church structure . The church spokesperson indicated he believes "the church is now on good terms with its neighbors . " Larry and Sandy Antczak whose property at 3501 36th Avenue N. E. , was the most affected by the proposed addition, were present and Mr. Antczak told the Commission members that although he was not altogether happy to have the sanctuary extended 15 feet further toward his property, he and his wife had been willing to compromise that point to get that addition reduced and the other addition moved back , but he was still concerned that the overhang on the proposed addition not be more than ten inches to alleviate the runoff on his property. Mr . Jones said lie would instruct the architect to make these change-s to the extent they are feasible . Both Mr. Antczak and Donald Esau, 3505 36th Avenue N. E. thanked the Planning Commission and Council for understanding their concerns about the first proposal made by the church which they believed would have adversely affected their use of their own - -back-yar-ds . --A1-tho.ugh_he s-t-i-1-1- believed _th_e sanctuary to be inappropriate , Mr . Esau said he would support Mfr . Antczak' s - -- - acceptance of that extension as long as the landscaping is pro- vided as agreed to by the church officials . He reiterated that he appreciated the 'Mayor ' s efforts and the time spent by both Council and Commission which had ultimately led to the resolution of differences between the parties and Mr . Esau indicated he per- ceived this was an instance where "the democratic process had certainly worked" , and he believed the channels of communication had been opened to such an extent that the church and neighbors would be able to work out any future problems without coming to the Council . Reverend Joseph 0. Valtinson, the Elmwood pastor, told the Commission members he believed he "had been blessed by having the conflicts resolved in a friendly manner , since after all , that is the church' s purpose . " Erling Weiberg , 3409 36th Avenue N. E. , who had presented the con- cerns of the neighbors from the first hearing , attributed the utilization of the "good offices of the Mayor" as a deciding fac- tor in "getting the job done" , especially his insistence that a neutral party (the Manager) chair the final discussion between the church and neighbors . The Chair Pro Tem agreed that Mr. Childs ' presence during the negotiations and the fact that all the participants had come into the negotiations with open minds , had made the final resolution of differences possible. • - 3 - Motion by Commissioner Bjorklund and seconded by Commissioner Bowerman to recommend Council approval of the Conditional Use Permit for the Elmwood Lutheran Church which would allow the expansion of the existing sanctuary and the kitchen/fellowship hall areas as specifically indicated on the revised site plans for the project , marked as Exhibit A , finding that : 1 . There had been significant public input from the abutting property owners , the neighbors down the block, and representatives of the church . Z . Both the neighbors and the church representatives had agreed the revised proposal now adequately represented their interests . 3. The proposed 15 foot extension to the sanctuary and the 57 foot setback for the kitchen/fellowship hall addition are now perceived to minimize the proximity of the existing church to the abutting backyards of the single family residences along 36th Avenue N. E. , thereby avoiding further aggravation of an already potentially detrimental condition and resulting in an acceptable conditional use in that single family neighborhood. The Commission further stipulates that this permit request be granted only on the following conditions : a. That the church provide landscaping , including shrubbery, --� _ which would eliminate the necessity of mowing the grass on the embankment , -- - --- - -- -- -- - ---- - -- -- - b. take the necessary steps to prevent potentially damaging runoff from the church building onto neighbors ' property, C. agree that the proposed sanctuary should not be extended either east or west at any time in the future. Before a vote was taken, Commission Bowerman indicated he was concerned with foreclosing any possibility for further expansion of the sanctuary since he could envision that sometime in the distant future the church might acquire the abutting properties for such an expansion. Mr. Weilberg told him that the greatest concern of both the Antczak and Esau families was that no future owners of their properties would have to experience what they had with the first proposal . When Mr . Childs reminded him that future Councils would not necessarily be bound by the conditions if cir- cumstances should change , as they had since the existing church building had been constructed at a time when there were no abutting single family residences where the Antczak' s ar-d Esau ' s homes are now, the Commission consensus was the the wording of the last condition should be expanded to include "unless there is positive agreement with such expansion by the owners of the abutting prop- erties" . • The amended motion carried unanimously. - a - The ,tanager reported that the City Attorney was still conferring; with the Walbon ' s legal representative regarding the City' s notification that the Walbon Property along Highway 8 is ,being utilized in a manner which violates the zoning of that property, and he agreed to contact Central Engineering regarding clearning up their property. Mr. Childs reported there had been two applicants besides qtr. Jones for the two openings on the Planning Commission which would be filled by the Council January 10 . He reported several matters lie anticipates would be on the Commission agenda for their next regularly scheduled meeting , January 17. Commissioners Zawislak and Franze' se commended the Manager for the part he played in negotiating the differences between the church and neighbors related to the Elmwood expansion request and the former agreed to present the Commission ' s recommendation of approval to the Council January 10 . Motion by Commissioner Bjorklund and seconded by Commissioner Bowerman to adjourn the meeting at 8: OS P.M. Motion carried unanimously. Respectfully submitted, • Helen Crowe , Secretary • i CITY OF ST. ANTHONY O PLANNING COMMISSION ACTION i ----------------RE UEST--g-----F--R--------------------------------------------- Date Submitted Type of Action Requested Agenda Item N er February 13, 1984 Concept Review Miscellaneous-A. Date Action X Formal Action/Motion Title i Informational Requested Other Gross Golf Course February 21 , 1934 Clubhouse Site Plan i . f ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: The Zoning Ordinance states that in a Recrea- tional Open Space District , ''All structures shall be constructed of a material and of a design which is compatible with the natural environment as determined by the Planning Commission and Council . . . . .''. The attached plans relate to the new clubhouse addition at Gross Golf Course. The plan meets the various Zoning Ordinance provisions and merely needs Commission and Council approval as a matter of formality unless the Commission perceives that the proposed building design will have a detrimental environmental effect. ALTERNATIVES : RECOrUIENDATION: Staff recommends approval . ATTACHMENTS : X Plan Application Form Mailing List Letters of Support/Objection Notice of Hearing C Y- MANAGER'S REVIEW: COMMENTS :. j� Ate.• ��. MIT RR ?o'. WE• Me, • , • 11 • :n r i ENTRY I \ MECH./ELEC. DN -- -- _ RAMP UP - _ L LLL" . CPR nm a a - L:.:;; CART n4ia,07E STORAGE DROP-OFP _ i DINING&OUNOE PATIO , (� L1 jj I.00RERS OFFICE i l• IAN. l i UNEXCAVATED »' ENTRY L.00[ERS/ LOWER LEVEL UPPER. EL QROM CVOLFCOUIQ(SE ST. ANTHCOMINNESOTA , ® ~ • IF �;�M�S �iY..•-t1'.. ` '.lug• �� _ =' �. ■ <.,�. 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ANTHONY FOR PLANNING COMMISSION ACTION Date Submitted Type of Action Requested Agenda Item' Number Public Hearin February 1 , 1984 Concept Review Hearings-A Date Action X Formal Action/Motion Title Requested Informational Other HnvPratPn VA r i AnrP PPt;- February 21 , 1984 tion (File 01-84) ------------------------------------------------------------------------ TO: St. Anthony- Planning Commission FROM: David Childs, City Manager SUMMARY DISCUSSION OF SUBJECT: This is a request from Phi 1 ip Hoversten , who lives at 2912-32nd Ave. N.E. for a variance to allow a fence in his front yard. If you drive by, you will see the fence (which is already up) . This is a case where the homeowner put the fence up without knowing that a permit and variance was required. He has been cooperative through the process and consideration should be given to that fact. The City code (Section 340. 10, Subd. 3) permits a fence not higher than- 4 feet in a front yard, applicant' s fence is 6 feet tall . ALTERNATIVES : 1 ) Grant a variance allowing the fence to remain at its current height. (2) Deny the variance, requiring that the fence be shortened by 2 feet . RECOMMENDATION: Because traffic or other visibility is not obstructed by the fence , it does not appear that the intent of the fence ordinance would be greatly damaged by allowing the fence to remain. It should also be noted that since this is not a Zoning Ordinance variance, the statutory requirement of the three conditions does not apply (even though we have used the same application form) . I think, however, that a strong statement about not setting a precedent should be made in the motion with a special statement also that this was an after-the-fact variance and 'that the fence was not erected without a permit in an attempt to circumvent the Zoning Ordinance. ATTACPMlaNn S: X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : udLt Fee : � . . . . . . . . 0 Other. . . . . . . $25 .00) CITY OF ST. ANTHONY D PETITION FOR VARIANCE Applicant: Phone : 7 0 y ./ G�61 _-/ �' ��Z Address : L ` 5 y�d .` Status of applicant (owner, buyer, renter, agent, etc. ) : ...Legal description of property petitioned for variance:-Af-41 j/ q yL1 `'_�annle Ui e �: � l s 'blo 029-2- 1; (n C,`7V G. Street address : t112)oJ� Zoning district in which property is located :S,n L. 4 1' q . c<(c)L�j t c, Request: h v w cam,:cB 4-r , Tc, "__e 1. -P__L CO , -F7-, r)P LJ-� el 0,5' C L- c 'A;IV 2ci r 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 particu°1'ar physical surroundings , shape , or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship , as distinguished from a mere inconvenience should the applicab.le : ordin- ance be strictiv 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 uistrict. °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. y 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 . i • Sign ture of Applicant Signature of wner other than applicant) CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION 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, February 21, 1984 , at 7 : 35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road Center northeast corner) for the purpose : Consideration of a petition for a variance for the erection of a 6 foot wood fence . The petition was filed in regard to that property described as Lot 44 , Block 2 , Bonnie View Heights (2912 - 32nd Avenue N.E. ) . Granting of the variance will allow for the 6 foot wood screen fence along the east line , 10 feet in front of the house and to the west for 6 feet . Fence in question was mistakenly erected without permit and is 2 feet taller than allowed by ordinance . Variance would allow fence to remain. Anyone wishing to be heard with reference to the above matter shall be hard at said time- and place . Questions regarding this. matter may be referred to the City *Manager, 789-8881 . David M. Childs City Manager Publish: February 9 , 1984 2912 - 32nd Ave. N.E. Mailing List January, 1984 ford Johnson Lester Arbrecht James Tjernlund Occupant or Occupant or Occupant 2909 Townview 2921-32 - 32nd Ave. N.E. 3124 Silver Lake Road . Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, M14 55418 Mrs. C. O. Hult Martin Juricko, Jr. Charles Snider or Occupant or Occupant or Occupant 3200 Silver Lake Road 2905 Townview 2913 Townview Minneapolis, MN 55418 Minneapolis, MPI 55418 Minneapolis, MN 55418 Bruce Anderson Paul Swanson Donn Baker or Occupant or Occupant or Occupant 2917 Townview 2921 Townview 3128 Silver Lake Road Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 Richard Hastert Ray Thorsfeldt Irving Johnson or Occupant or Occupant or Occupant 2901 Townview 3120 Silver Lake Road 3132 Silver Lake Road Minneapolis, MN 5541E Minneapolis, MN 55418 Minneapolis , MN 55418 Michael Ondrey Robert Gehrke Milton Mellem Minneapolis ,Occupant or Occupant or Occupant 4-32nd Ave. N.E. 2909 - 32nd Ave. N.E. 2916-32nd Ave. N.E. MN 55418 Minneapolis, MN 55418 Minneapolis , MN 55418 Marguerite Wood Harvey Moen Charles Cramer or Occupant or Occupant or Occupant 2900-32nd Ave. N.E. 2905 - 32nd Ave. N.E. 2920-32nd Ave. N.E. Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 Joseph Killpatrick Harold Carlson David Tessier or Occupant or Occupant or Occupant 2901-32nd Ave. N.E. 2908-32nd Ave. N.E. 2917-32nd Ave. N.E. Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 CITY OF ST. ANTHONY -------------REgUEST_FOR_PLANNING_COMMISSION ACTION Date Submitted Type of Action Requested Agenda Item Number February 13, 1984 Concept Review X Formal Action/Motion Public Hearings-B. Date Action Informational Title Requested Other St. Anthony Court- February 21 , 1984 Sign Variance Request ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM• David M. Childs, City Manager SUMMARY DISCUSSION OF SUBJECT: This is a request from the new owners of the S i d Johnson Townhomes located north of 39th Avenue N.E. on the east side of Silver Lake Road, for a variance to allow two identification signs rather than one, as provided by the Sign Code. In addition, I understand the future of the Craig Morris sign had something to do with the completion of the townhouses and their final sign configuration. The attached minutes summarize previous conversations about this situation. ALTERNATIVES : RECOMMENDATION: Because I am not aware of the background on the Craig Morris sign , I can give no recommendation at this time. The townhouse identification signs are already up, but probably do not meet any of the criteria for a variance. ATTACIDIENTS : X Plan X Application Form X Mailing List • Letters of Support/Objection. X Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS: r -+ ..i Ld Ut % - rJ ,Y Fee: (R-1. . . . . . 15 .00 Other. . . . . . . $25 .00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: 1, SS Phone : 7g'y - O e) Address : // ;)yP/Q A },/o t9a4cl Status of applicant (owner, buyer, renter, agent , etc. ) : Assn at - -Legal description of property petitioned for variance : ,S'-� . j ,Street address : 59// �O�/ ,S'/'/yye 44 hr,? PY. lV aF. Zoning district in which property is located : Request : Rl' IJ6e c2P?S-1 y a VR1V; Sr A S P OR d r,h Co )2,A W / o IV A, t S i' c- o+- I In 4 .N E iv -/� y 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 of land in•rolved , the proposed variance would re- lieve an undue hardship , as distinguished frcm a mere incon venience should the applicable ordin- ance �- 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 etitraordinar:, circumstances applicable to this property but not applicable to other property in the vicinity ,or zoning district . 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. 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. Signatu rof Applicant Signature of wner other than applicant) CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION TO WHOM IT 14AY CONCER14 : Notice is hereby given that there will be a public hearing by the. Planning Commission of the City of. -St. Anthony. on Tuesday, February 21 , 1984 , at 7: 45 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the purpose : Consideration of a petition for a sign variance. Granting of the petition would allow for two signs , 22 inches X 60 inches each, one to be placed on each side of the main entry of the St. Anthony Court townhomes . Only one such sign is allowed by the City Sign Ordinance . Variance would allow existing signs erected without permit to remain. Anyone wishing to be heard in reference to the above shall be heard at said time and place . Questions regarding this matter may be referred to the City Manager, 789-3831 . David Childs City Manager Publish: February 9 , 1984 v St. Anthony Court Townhomes flailing List 1/84 Pert Sandager Pooran Mangalick: Eugene Thomas Occupant or Occupant or Occupant 3905 "Penrod Lane 4001 Penrod Lane 4029 Penrod Lane Minneapolis, M14 55421 Minneapolis, 1114 55421 Minneapolis, 1111 55421 Thomas McMullen Edward Nizielski J. Cadwallader or Occupant or Occupant - 3901 Silver Lake Road 3909 Penrod Lane 4005 Penrod Lane Minneapolis , MN 55421 a Minneapolis, 1114 55421 Minneapolis, MN 55421 Richard Pettijohn George Johnson Tom Brickner or Occupant or Occupant or Occupant .3913, Penrod Lane 4004 Penrod Lane 1401 Kerry Circle a Minneapolis , Mll 55421 Minneapolis , MN 55421 Minneapolis , 14N 55432 t Paul E:ansen flarland Johnson Leonard Bona f or Occupant or Occupant or Occupant 3917 Penrod Lane 4008 Penrod Lane 4017 Silver Lake Road Minneapolis , MN 55421 Minneapolis , Pill 55421 Minneapolis , I-IN, 55421 George Kujawa Richard Hansen B. Blanski *Occupant or Occupant or Occupant Minneapolis ,0 Penrod Lane 4009 Penrod Lane 3903 Foss Road Mil 55421 Minneapolis , fill 55421 Minneapolis , HN 55421 Leon Marquis Pis . Irene Byszewski Twin City Federal or Occupant or Occupant 3899 Silver Lake Road 3921 Penrod Lane 4012 Penrod Lane Minneapolis, MN 55421 Minneapolis , fiN 55421 Minneapolis, fill 55421 Lloyd Hedman David Hanson Apache Plaza or Occupant or Occupant 3700 Silver Lake Road 3924 Penrod Lane 4013 Penrod Lane Minneapolis , 1114 55421 Minneapolis , MI4 55421 Minneapolis, fill 55421 Lester Larson Donald Zebro Mobil Station or Occupant or Occupant 4000 Silver Lake Road 3925 Penrod Lane 4017 Penrod Lane Minneapolis , MN 55421 Minneapolis, MN 55421 finneapolis, MN 55421 . Wallace Falldin Jack McCarty Hardees or Occupant or Occupant 4004 Silver Lake Road 3929 Penrod Lane 4021 Penrod' Lane Minneapolis , MN 55421 apneapolis, 1114 55421 Minneapolis, MN 55421 ` l Joe Walterbach Everett Warnke Goodyear Tire Company or Occupant or Occupant 4020 Silver Lake. Road 4000 Penrod Lane 4025 Penrod Lane Minneapolis, MN 55421 Minneapolis, MN 55421 Pinneapolis, IUI 55421 Equinox Apartments A. J. Herlitz Gordon IIedlund 2804 Silver Lane 3012 - 39th Ave. N.E. 1255 Pike Lake Drive Minneapolis , MN 55421 Minneapolis, MN 55421 New Brighton, PIN . 55112 Plann i n C�vrrr � sstoy) renew left with the Apache management firm but he is rtain a new lease can be negotiated if the store does well in that location. He said LaBelle's would be delighted if the renovation of the Apache Mall should attract a major tenant such as ' Target to the shopping center. j Mr. Jones welcomed .LaBelle 's to the .City and assured the store 's y, representative the Commission is willing to assist in any manner they 4� can to keep a stable tenant in that building. He said he hopes lthis store may prove to be a business incentive for that area. a, Motion by Mr. Sopcinski and seconded by Mrs. Makowske to recommend _._ Council approval of a 175 square foot variance to the City Sign Ordinance requirements which will permit LaBelle 's Catalog and Showroom to retain the existing 445 square feet of signage on the east and west sides of the building at 2500 38th Avenue N.E. for �? store identification, as proposed, subject to the removal of the existing 60 foot by 12 foot north facing sign and its framing, finding that granting the variance not only meets all criteria set by City policy for sign variances but decreases the total signage . on .this building, a goal of the Commission for several years . Motion carried unanimously . r Craig Morris, owner of the barber shop recently approved for the Hedlund PUD, was present to discuss his proposal for altering the ---existing-- free standing_ sign__in__f,ront of hi,s__shop at 3909 _Silver YLake Road by adding a thatched roof effect at the top of the sign. He said the roof addition will only add one foot to ,the sign ' s height and he also requested the sign be lit with one fluorescent lamp during the hours the shop is open , 8 : 00 P .M. at the latest , twice a week. The scale for his drawing for the sign was not accurate , Mr. Morris said , but he does not anticipate the lateral spread of the sign to be more than a foot on each side . No ref- ___ ._ erence to Council action regarding the more than a foot provided between the brick planter and the existing sign could be found in the minutes of the meeting when the sign was accepted but Mr . Jones questioned whether plantings had been permitted and personally "would like to see the sign dropped all the way down to the brick foundation to eliminate any air space" . He said his own experience has been such types of plantings are not too successful.. Mr. Peterson' s recollection was that the Commission had agreed to leave that point to the discretion of the Council who had approved the sign as proposed. Motion by Mrs. Makowske and seconded by Mr. Enrooth to indicate to the Council that the Commission, recognizing the Morris sign is the only free standing sign permitted the Hedlund PUD, and desiring the best use possible in the interim, recommends Council approval of- the proposed alteration of the sign as long as the height of the sign (including berming, sign base, plantings above the base, sign area, lighting and roofing) does not exceed the 8 feet maxi- mum established for the PUD with the stipulations that. the light- ing, as proposed,will be turned off after 8 :00 P.M. ; the ends of the gable roof are enclosed and additional vertical corner posts -3- be allowed to strengthen the sign against strong winds, finding that, these proposed alterations would not seem to be detrimental , but could enhance the property. Before voting , a- friendly amend- __ _. ment was made by Mr. Jones and accepted by the maker and second which further stipulates that there shall be no air space between the planter and the sign. The amended motion carried unanimously. There were five students from an urban politics class at Bethel College present and the problems with air space between foundations and signs were clarified for them. Mr. Lundquist offered several suggestions during the consideration of the new sign ordinance which followed. He was sympathetic to the Commission's concerns regarding free standing signs saying he "personally doesn' t like signs but doesn't mind signage on buildings. " He believed "even monument signs can get gaudy" . The Commission concurred with his suggestion that the new ordinance should be published and reaction from experts sought before final approval. The secretary left at 10: 00 P.M. The meeting was recessed at 10 : 00 P.M. The meeting reconvened at 10 : 05' P.M. i The Commission continued its consideration of the proposed sign ordinance and in particular that section dealing with free standing signs . Suggestions for change and further research was noted by Mr. Berg. Motion by Mr. Enrooth and seconded by Pair. Sopcinski to adjourn . Motion carried unanimously . The meeting was adjourned at 10 : 48 P.M. Respectfully submitted, Helen Crowe . :lt i - i CITY OF ST. ANTHONY COUNCIL MINUTES February 24 , 1981 The meeting was called to order by Mayor Haik at 7 :30 P.M. Present for roll call : Letourneau, Ranallo, Haik, Sundland and Marks. Also present: Jim Fornell, City Manager; Ron Berg , Administrative Assistant; William Soth, City Attorney; and Carol i Johnson, Clerk/Treasurer. ____Motion by Councilman Sundland and seconded by Councilman Marks to approve as presented the minutes .for the Council meeting held February 10, 1981. Motion carried unanimously. As the minutes for the February 11th meeting of the Kenzie Terrace Task Force were being considered, the Mayor reported her appointment of Art Kuross , Manager of J. C. Penney 's and the new President of the St. Anthony Shopping Center Merchants Association to replace Jerry Ballot on the Task Force. The actions taken and recommendations of the Planning Commission made during their February 17th meeting , as reflected in the minutes of that meeting, were reported by Richard Enrooth. He said the Com- mission viewed the removal of the large non-conforming sign on the north side of the building recently vacated by Sibley as a "good tradeoff" for the variance requested by LaBelle 's which will permit them to reuse the existing signage on the east and west sides of that building. Motion by Councilman Sundland and seconded by Councilman Letourneau to follow the recommendations of the Planning Commission to grant a 175 square foot variance to the City Sign Ordinance requirements which will permit the existing 445 square feet of signage on the west and east sides of the building at 2500 38th Avenue N .E . to be retained for store identification by LaBelle 's Catalog and Showrooms, Inc. , as proposed, subject to their removal of the existing 60 feet by 12 feet north facing sign and framing, finding that granting the variance not only meets all criteria set by City policy for sign variances , but achieves the goal of the City to decrease the signage on this building. Motion carried unanimously. The Planning Commission representative told the Council the requested alterations of the existing signage at 3909 Silver Lake Road will make it more in conformance with the proposed sign ordinance require- ments for the monument type signs being developed by the Commission. Craig .Morris, owner of the barber./beauty shop which the sign identifies, was present but did not speak. -2- Motion by Councilman Marks and seconded by Councilman Ranallo to follow the recommendations of the Planning Commission to permit the proposed alterations of the sign identifying Craig & Co. Hair Designer at 3909 Silver Lake Road, as proposed, as long as the height of the sign (including berming, sign base, plantings above the base, sign area, lighting and roofing) does not exceed the 8 foot maximum established for the Hedlund PUD and there is no air space between the planter and the sign and on the conditions that the proposed lighting shall be turned off at 8 :00 P.M. and the ends of the gable roof are enclosed, with vertical corner posts allowed to strengthen the sign against strong winds . The Council finds, as did the Commission, that these alterations would not appear to be -- detrimental to, but could enhance the property, recognizing this sign will in all probability have to be removed at the time of further development of the PUD which may require signage to identify that development and this proposed sign may provide the best use possible in the interim. Motion carried unanimously. The request that the City host the Elected Persons Conference March 7th was accepted as an agenda addendum. The third reading of the obscenity ordinance followed. Presented as additional testimony was the February 22nd letter from Judy Makowske expressing her concerns that the prohibitions of pornography be made applicable to any agreement for Cable T.V. which is developed. The Council accepted the advice from the City Attorney that references in one form -or another to "transmission" , as in Section 975 of the proposed ordinance, should adequately cover Cable T .V. programming as well . Motion by Councilman Marks and seconded by Councilman Ranallo to approve the third reading and adopt Ordinance 1901-002 . ORDINANCE 1981-002 AN ORDINANCE PROHIBITING THE SALE , PROMOTION AND PRODUCTION OF OBSCENE MATERIALS AND PROVIDING PENALTY - THEREFOR, AMENDING CHAPTER IX OF THE 1973 CODE OF ST. ANTHONY ORDINANCES BY ADDING A SECTION 975 AND __._. BY REPEALING SUBDIVISION 16 OF SECTION 930 : 00 Motion carried unanimously. Mr. Fornell had submitted a comparison of sauna license fees charged by other suburbs as a basis for the fees he recommends for St. Anthony. The Council concurred with amending Section 450 :25 of the proposed Ordinance 1981-003 to read "The annual license fee shall be $500 for each license for each location plus $25 for each masseuse/ masseure" . Motion by Councilman Sundland and seconded by Councilman Marks to approve the third reading and adopt Ordinance 1981-003 , as amended. +4 Mn •1 _ fps 1 6o .t T d o /V CV . de�� u, 141 x Ll 8 "414 r, �J c i, CITY OF ST. ANTHONY ° __REgUEST_FOR_PLANNING COMMISSION ACTION _—__� -------------- ---------------------------------------- !" Date Submitted Type of Action Requested Agenda Item Number F Concept Review February 13, 1984 Public Hearings-C. Date Action X Formal Action/Motion Title Requested Informational Other Flaherty Variance ' February 21 , 1984 ------------------------------------------------------------------------ d ' TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: This is a request from Bill Flaherty to allow construction of a garage on the west side of his home located at 3208 Rankin Road. The addition would come within 7 feet of the property line , which is currently defined as the rear yard and therefore a setback of 25' is required. You will note that some years ago, an addition was allowed on the rear of the house by a variance with one of the reasons being the large side yard on the south. ALTERNATIVES : RECOMMENDATION: Staff recommends that a policy be set by the Commission as follows : ''On a corner lot, the narrow side shall be defined as the front yard and said front yard for Zoning Ordinance interpretation purposes should not be based on the place- ment of the front door of the house or the street address''. If this interpretation is made, no variance is needed and Mr. Flaherty can construct his. addition as proposed. ATTACHMENTS : X Plan X Application Form X Mailing List X_ Letters of Support/Objection X Notice of Hearing CIT NAGt -S IEW: COMMENTS : Fee: . R- Other. . . . . . . $25 .00) I! CITY OF ST' ' ANTHONY- ` PETITION FOR VARIANCE Applicant: -7-1 o � P. thgtJoa -Ppr W, Fla 1,4- Phone: 7_577-8/37 78/-gyv3 Address: 781 - /0'13 Status of applicant (owner, buyer, renter, agent , etc.) : Pad Legal description of- property petitioned for variance: 100 �..,,G�'1 -- Pled 6-7s-p6 i 6j 37635 Street address : 3.�21F OCiWK/N A.) Zoning district in which property is located : Request: ,vr, a raa 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 of land involved, the proposed variance would re- lieve an undue hardship, as distinguished from. a mere inconvenience should the applicable ordin- ance be strictly enforced . 4— 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. :---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. , 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. Aibnature of Applicant Np i f.8 8 5 8 HOP 8 0 0 1 5.00"K gignature of er o er i than applicant) I, CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION TO WHOM IT 14AY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday , February 21, 1984 , 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 petition for William Flaherty , 3208 Rankin Road, for a variance to allow construction of a 22 ' X 22 ' attached garage on the west side of the home at that address . Said addition would allow conversion of the existing garage into living space. The proposed addition would come within 7 feet of the west property line . Anyone wishing to be heard with reference to the above matter shall be heard at said time and place . Questions regarding this matter may be referred to the City Manager, 789-8881 . David M. Childs City Manager Publish : February 9 , 1984 3208 Rankin Road Mailing List 1/84 Wald.- Connelly Earl A. Patch Ronald Lindman or Occupant or Occupant or Occupant 3200 „Rankin Road 3201 Rankin Road 3205 Rankin Road Minneapolis, .,MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 Duane A. ' Chilgren Norman Westlund A. D. Hanson or Occupant or Occupant or Occupant 3209 Rankin Road 3213 Rankin Road 3217 Rankin Road Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 Carl Eknes Charles Ungemach Andrejs Sparnins or Occupant or Occupant or Occupant 3221 Rankin Road 3216 Rankin Road 3220 Rankin Road Minneapolis, M11 55418 Minneapolis, MN 55418 Minneapolis , MN 55418 Doris Hagen- Doris V. Durand James Koski or Occupant or Occupant or Occupant 3300 Hilldale Avenue. 3301 Hilldale Avenue 3308 Hilldale Avenue Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 Joseph Worwa John Nashko Leonard Lee Occupant or Occupant or Occupant 6 Hilldale Avenue. 3308-33rd Avenue N.E. 3301-32nd Avenue N.E. Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis, PIN 55418 Trevor Ames Chester J. Lazarz or Occupant or Occupant 3303-32nd Avenue N.E. 3307-32nd Avenue N.E. Minneapolis, MN 55418 Minneapolis, MN 55418 � 3�.Cl Fe i t �V t + G� y, 1 mmmdL- �A ot I - SG7BACtS ARE Aoi'R�riwAl�nNS � 10 a William B. Flaherty 3208 Rankin Road St. Anthony, Minnesota 55418 February 2, 1984 City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Reference: Application for Variance s To whom it may concern: The reason for- proposed construction of a new garage on my home at 3208 Rankin Road is to alleviate a space problem that now exists. We, propose to use _the-existing garage and laundry, area .for a family. room and general living area and construct a new garage next to the existing laundry room. This change would increase .the area needed for family gatherings. I have nine children and seventeen grandchildren-- and. during the holidays, the existing space is at a premium. My house was built in 1962 and the original plans called for the house to face what is now Hilldale Avenue. Since the road had not yet been constructed, the plans had to be altered to face Rankin Road. This new addition will be approximately seven feet from the west property line which is within the five feet requirement for a garage side set-back. The new appearance will be similar to the other houses up and down Hilldale Avenue, as it will now resemble a house front. Also, we have a pool with a large deck and fenced in area that will remain for our outdoor activities. Sincerely, 9 � William B. Flaherty, Sr. V-7 P � , -2l CITY OF ST. AN`IH0fiY PIANNING BOARD MINUITES March 18,1975 The meeting was called to order by Chairman Letourneau at 7:35 P.M. The following were present for roll call: Cowan, Hiebel, Marks". Letourneau, E Rymarchick and Johnson. Absent: Mr. Bowerman Also Present: Harry Lekson The minutes of the February 18, 1975 meeting were amended to correct the spelling of Mr. Dahlgren's name as well as' Mr. Finess' first name from "Dale" to "Del". Mr. Cowan also questioned whether he had seconded the motion to approve the January 21st Board minutes. Motion by Mr. Marks, seconded by Mr. Hiebel to approve the February 18th minutes as amended. Motion carried. The Board then considered the application by i•ir.. Wm. Flaherty for a variance to a the zoning ordinance of 5 feet to the lot line to allow him to build a swimming pool on his property at 3208 RankLn -Road. E' Mr. Flaherty was rresent and discussed with t4ie group the letter from Rev. Paul Stohlberg, ?200 Ranl:in Road, indicating trere eras no oi_Uositior. fron, Saleri Covenant Church who own the property to- the sough of the proposed construction. He indicated the house on the adjacent property :could be 45 feet away from the pool and the vacant property situated between was not likely to be built upon. Motion by Mr. Marks, seconded by Mr. Cowan to recommend to the Council that they set a public hearing on granting a variance of five feet to 's. Flaherty to enable him to build a swimming pool at 3203 Rankin. Road. Motion carried. Mr. Cowan was requested to suggest to the Council that the public hearing on the i proposal could be held and their decision on it could be made at the same time so ji that Mr. Flaherty could start work on the structure as soon as the weather permit- ; I ted. 1 Several members of the Board expressed the opinion that the time table for hearing requests for conditional use permits and variances could be speeded up by schedul- ing a public hearing upon receiving the application and thus avoiding what some- times turns out to be a delay of two months before a definite decision is made. Other members were concerned that such a procedure might force them to "make un I' informed decisions. j_ The Board agreed that they wanted to be able to consider methods by which the time table and procedures for considering such requests could be streamlined and requested that Mr. Fornell and Mr. Lekson research possible changes in that F section of the City ordinances dealing with variances and report back their recommendations at the next Board meeting. Mr. Johnson expressed his appreciation of the thoroughness of the Flaherty proposal and suggested use of the new application form to provide the Foard CITY OF ST. ANTHONY a COUNCIL MINUTFS April-8, 1975 The meeting was called to order by Mayor Miedtke at 7:31 P.M. 'r The following were present for roll call: Haik, Sauer, Sundland, Miedtke, y - Stauffer. Also present: Jerry Dulgar, City Manager Wm. Soth, City Attorney Jim Fornell, Adm. Asst. ' The minutes of the March 25, 1975 meeting were amended as follows: Page 1, Para. ?: Change "lot size" to "side Jard setback" variance. Page 6, Line 7: Complete sentence. . . . "at that intersection' with "no further action should be taken". Motion by Councilman Sauer, seconded by Councilman Haik to approve the March 25 Council minutes as amended. Motion carried unanimously. Following a discussion with the City Attorney- regarding the identification of that portion of Coolidge Street which was to be vacated, the following motion was made: Motion by Councilman Sundland, seconded by Councilman Sauer to adopt Resolution 75-022 subject to the signing by Pair. Steve Chamison, owner of the Northgate Motel, of the revised easement whereby_ only- the, east half of t'-,'e stree-t is being vacated. RESOLUTION 75--022 RESOLUTION VACATING A PORTION OF COOLIDGE STREET Motion carried unanimously. Mr. Gordon Hedlund, owner of the undeveloped land across from the Apache Plaza Shopping Center, appeared to request that the City indicate to Ramsey County its willingness to include a left hand turn onto Mr. Hedlund's property in their reconstruction of Silver Lake Road in that area. Mr. Hedlund said he was willing to pay for the improvement now rather than later when the installation would run much higher in price. . Mr. Hedlund said he felt the left turn lane would be necessary for any type of development of that land and told the Council that a group of former associates of the Rembrandt Company were now organized as the First American Fnterprises, ?i . Inc. and had indicated to the Mayor their interest in the constructton,-of a retirement complex similar to that for which Rembrandt had been granted a conditional use permit to construct on Mr. Hedlund's property. Motion by Councilman Sundland, seconded by Councilman Sauer to authorize the Manager to request Ramsey County to include a left hand turning lane in their plans for upgrading the southbound lane of Silver Lake Road across from the Mobil Station subject to the agreement by Mr. IIedlund that he would pay the city the cost of such construction. -2- Motion carried unanimously. :T The meeting was recessed at 7:55* and resumed at 8:00 P.M. for a Public Hearin on the Wm. Flaherty e or a y ues q t f variance he needed to build a swimming pool on his property. Mr. Flaherty said he was applying fora side yard variance of 5 feet to construct a swimming pool at the southerly edge of his residence at 3208 Rankin Road. Mr. Dulgar said he had a letter from the Salem Covenant church indicating they would offer no opposition to the plan since the residence at 320'0 Rankin Road, which they owned, was at least 33 feet away from the proposed structure. No one else appeared to either speak for or against the proposal and the Public Hearing was closed at 8:05 P.M. The City Attorney read that section of the City Ordinances from which Mr. Flaherty was seeking a variance and Councilman Sundland said he felt the request could be considered unique because of the large amount of sideyard setback of the adjoining residence. Mr. Letourneau and Mr. Rymarchick of the Planning Board were present and the former said the Board had indicated some reticence to setting a precedent by granting such a variance. The Mayor indicated he was opposed to granting any such variances. Motion by Councilman Sundland, seconded by Council..:an Stauffer to grant a side yard variance of 5 feet to MIr. Wm. Flaherty to allow him to construct the s•44_ .mLng pool on his property at 3208 Rankin Road, feeling the request was unique because of the amount of undeveloped la_nd between the F la':erty residence and the house on the adjoining lot. Voting on the motLon: Aye: Haik, Sauer, Sundland, Stauffer Nay: Miedtke Motion carried. Motion by Councilman Stauffer, seconded by Councilman Sundland to authorize the Manager to negotiate an insurance package. Motion carried unanimously. a 0 The Manager told the Council the maximum number of subsidized units which had been alloted the City under the rent subsidy program and Mr. Fo.rnell explained which units might qualify for and which owners had indicated a willingness to participate in the program. Mrs. Marie Michaelhoff, owner of the undeveloped lot at the southwest corner of Silver Lake Road and 37th Avenue N.F. , requested she be allowed to sell flowers at that spot the weekends of Mothers Day, Memorial Day and Fathers Day and ,disputed some of the points presented by the Manager in his recommendation for denial of the request. .Among these was her assertion that traffic control would- be provided during the sale. Several Council members voiced their opposition to allowing vehicles to cross the walkways along the Silver Like Road side of the property. Previous problems with traffic pile-up at the Fas Gas station on the opposite corner of Silver Lake Road as well as the number of times the City has refused similar requests CITY OF ST. ANTHONY ___REgUEST_FOR_PLANNING COMMISSION ACTION ------------- ----------------------------------------- Date Submitted Type-of Action Requested Agenda Item N er February 13, 1984 Concept Review X Formal Action/Motion Public Hearings-D. Date Action Title Requested Informational Other Wa 1 bon Lot Split February 21 , 1984 ----------------------------------- ---------------------------------- ' TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager �- ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: We looked at this last time as a concept review. The attached survey shows the split as proposed by the Walbons. It would result in two distinct, legal , single family lots of 9,600 square feet for the interior lot and 11 ,000 + square feet for the corner lot. Based on the drawing, - no variances are needed. The neighbor (Mrs. Dorumsgaard to the west has expressed a desire to r straighten the lot line on the east side of her property. To date, the parties have not been able to agree on a price, however, if they do agree to straighten the line in some manner, a variance will be required because the lot will not be wide enough at -the setback line. ALTERNATIVES : RECOMMENDATION: Staff recommends approval of the plat and would also recommend approval of the needed variance, if the property exchange/sale efforts between the neighbors are successful . ATTACHMENTS : X Plan X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER.'S REVIEW: COMMENTS - ° Date: $ Fee: a7 &0 CITY OF ST. ANTHONY Application for Subdivision/Plat Approval Robert E. Halva , as attorney for Applicant Irving A. Walbon Phone # 788 -9108 Address 3948 Central Avenue N.E . , Columbia Heights , Minn. SS421 Status of Applicant (owner, buyer, renter, agent, etc. ) Attorney r Present Legal Description of Property to be Affected See attached Proposed Legal Description of Property to be Affected See attached legal and survey Street Address 36 33rd Avenue N.E . Zoning District in Which Property is Located Residential Specify any Necessary Easements Area of the Plat/Subd. Number of Parcels 2 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) 2. Conformance to design criteria yes no Exceptions : CITY OF ST. ANTHONY NOTICE OF HEARING LOT SUBDIVISION REQUEST 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, Feb- ruary 21, 1984, at 8 : 30 P.M. , in the Council Chambers of the City Hall, 3301 Silver Lake Road (.enter northeast corner) for the purpose : Request for subdivision without platting by Irving Walbon, for property located at the SW corner of 33rd Avenue N.E. and Old Highway 8. Approval of the subdivision would result in two single family residential lots from a single vacant, unplatted parcel (property I .D. #06-029-23 41 0001 and containing approximately 20 , 500 square feet) . Anyone wishing to be heard with reference to the above matter shall be heard at said time and place . Questions regarding this matter may be referred to the City Manager, 789-8881 . David M. Childs City Manager Publish : February 9 , 1984 Walbon Mailing List - 3242 Old Hwy. 8 2/84 . eves Danelsl:i Ralph F. Buscher Margaret Osborne or Occupant or Occupant or Occupant 3301 Croft Dr. N.E. 3305 Croft Dr. N.E. 3121 Croft Dr. N.E. Minneapolis, M14 55418 tlinneapolis, !MN 55418 Minneapolis, MN 55418 R. E. Williams Bohdan Kramarczuk Shirley Hambrick or Occupant or Occupant or Occupant 3125 Croft Dr. N.E. 3129 Croft Dr. N.E. 3201 Croft Dr. N.E. Minneapolis , rIN 55418 Minneapolis, PIN 55418 :Minneapolis , PIN 55418 Stephen Johnson Roger Wegner Frank Cummings or Occupant or Occupant or Occupant 3205 Croft Dr. N.E. 3209 Croft Dr . N.E. 3213 Croft Dr . N.E. Minneapolis, PIN 55418 Minneapolis, PIN 55418 Minneapolis , ?114 55418 Pearl Joseph Donald L. Kronk J. L. Wojtas or Occupant or Occupant or Occupant 3217 Croft Dr. N. E. 3221 Croft Dr . N .E. 3600-33rd Ave. N.E. Minneapolis , 11N 55418 'lnneapolis ,. MN 554.18 Minneapolis , 14N 55418 Carl Branger Richard Scovil J. A. Dorumsgaard Occupant or Occupant or Occupant 04-33rd Ave . N.E. 3608-33rd Ave . N.E. 3612-33rd Ave. N.E. Minneapolis , MN 55418 Minneapolis , till 55418 Minneapolis , MN 55418 V. Hietala Thomas liaapala or Occupant or Occupant 3609-33rd Ave . N.E. 3713-33rd Ave. N.E. Minneapolis , PIN 55418 Minneapolis , PIN 55418 Gpf L' NORTH LINE SE 1/4,SEC.6 SEG6 WEST 439.70---- 1; r*w•'• � ' ► fs1 ?� � ,�..M� j.. . . .� • �,.. 'tea �•'�� .� v. r �! ! s: Crib i�'. •i E. M� G8, ST ----202.50---- - ' ''25.07•• 6g� 177.43. Io9, y 3 ,0 'r - I * of i.. J • ::�'. *0 S. LINE OF 3 RD. AVE. NE. a �' to m m h J � O ADD. o ' .3 0 - .. 68 53. 60' / --- EAST 121.60.... -T.T4 40 • EAST -. 60.07 •-• 43.2 -•' �o u Q W P N O / W O! W � r Q r� 4u O\ v s 3 � ?� O wov .'j PRESENT ;,...fit,.,• LEGAL DESCRUTION All that part of the Southeast Quarter of• Section 6, Township - fa 29 North, Range 23 West of the Fourth Principal Meridian, described as follows: Commencing at the Northeast corner of said Southeast Quarter of said Section, thence running West along the North line of said Southeast Quarter of said Section 439.7 feet; thence South at right angles to said North line 459.44 feet; thence East at right angles with said last mentioned line to a point 142.51 feet West of the Northwesterly line of the State Road running through said Section,thence North at right angles 284.292 feet; thence East and parallel with the South line of 33rd Avenue Northeast to the center line of said State Road; thence Northeasterly along the center line of said Road to the point of intersection of said line with the East line of said Section 6, thence North along said East line of said Section to the point of beginning, according to the Government Survey thereof, except that part embraced within Walbon Addition. PROPOSED LEGAL DESCRIPTION All that part of the SE 1 /4 of Section 6, Township 29 North, Range 23 West of the Fourth Principal Neridan lying Easterly of the East and Northeasterly lines of WALBON ADDITION, lying North of the Easterly extension of the South line of said WALBON ADDITION , lying Westerly of the Northwesterly line of the old State Road running through Said Section and lying South of the South line of 33 rd. Avenue Northeast . f '4,ittk. CITY OF ST. ANTHONY RE UEST FO- R-PLANNING-COMMISSION ACTION Date Submitted Type of Action Requested 'Agenda Item N er February 13, 1984 Concept Review Public Hearings-E. Formal Action/Motion Date Action —� Title g Requested Informational t q Other Conditional Use Request= February 21 , 1984 Video Tape Sales & Rental ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager SUMMARY DISCUSSION OF SUBJECT: This is a request from Mary and Craig Belisle for a Conditional Use Permit to operate a Video Tape and movie sales and rental store at 2501 Kenzie Terrace N.E. (the little center next to Kentucky Fried Chicken) . As you recall , a permit was granted . to the 99t Video place in the St. Anthony Village Shopping Center on September 28, 1982. Conditions for this operation should be similar to those required for the other operation (minutes attached) . . ALTERNATIVES : Approve or deny with conditions as recommended by the Commission. RECOrUIENDATION: Approval with conditions as imposed previously requ i red for 99t Video. ATTACHMENTS : Plan X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing ITY MANAGER'S REVIEW: COMMENTS: . i ua Le Ai — Fee: $100.00 CITY OF ST. ANTHONY Application for Conditional Use Permit - (other than day care center) Applicant / �1�y�f� .�%S.C� ��/fir- /r/, - Phone Address J-7— WW Status of applicant (owner, buyer, renter, agent, etc. ) 064I)A le Legal description of property in question Street Address Zoning district in which property is located Conditional use proposed Minnesota statutes and City ordinances require that the following- conditions be satisfied before a conditional use may be authorized: Yes No 1 . The proposed conditional use is one of the conditional uses specifically listed for_ the zoning district in which it is to be located. 2 . The proposed conditional use will not be detrimental to the health , safety or general welfare of persons resid- ing or working in the vicinity or injurious to property values or improvements in the vicinity . 3. The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public conveni- ence and will contribute to the general welfare of the neighborhood or community. Explain: • (use additional sheets if necessary) 1 P 'Signur4 !� bf App scant � 1 .�;n5 CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT TO WHOM IT MAY CONCERTI: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, February 21 , 1984 , at 8 : 45 P .M. , in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter north- east corner) for the purpose : Consideration of a request from Mary J. and Craig M. Belisle for a conditional use permit' to operate a movie and VCR rental and sales operation to be located at 2510 Kenzie Terrace N.E. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter may be referred to the City Manager , 789-8881. David P4. Childs City Manager Publish: February 16 , 1984 MAILING LIST 2510 Kenzie Terrace N.E. 2/84 Glen Gavic Arthur Tombarge Roger Kemp or Occupant or Occupant or Occupant 2605 Lowry Ave. N. E. 2609 Lowry Ave. N. E. 2613 Lowry Ave. N.E. Minneapolis, MN 55418 Minneapolis,, 1421 55418 Minneapolis, MN 55418 Carl Hickerson Maurice Gallant Richard Tollefson or Occupant or Occupant 1123 Monroe 2617 Lowry Ave. N.E. 2621 Lowry Ave. N.E. Minneapolis, 1111 55413 Minneapolis , 11N 55418 Minneapolis,, IiN 55418 Vernon Lundeen Greg Steiner Lloyd Helm or Occupant 'or Occupant or Occupant 2538 Kenzie Terrace 2542 Kenzie Terrace 2546 Kenzie Terrace Minneapolis, MN 55418 Minneapolis , 1.11; 55418 Minneapolis , fill 55418 William J. Wojcik 11obie Swan St . Anthony National Banl- or Occupant Lowry Grove 2401 Lowry Ave. N.E. 2548 Kenzie Terrace 2501 Lowry Avenue N.E . Minneapolis , MN 55418 Minneapolis , MN 55418 Minneapolis , M11 55418 R. J. Ruppert Kentucky Fried Chicken 8900 Penn Ave . S . 2520 1'\enzie Terrace Bloomington , !IN 55431 111inneapolis , I-I'l 55418 i - i February 1.3, 1581 City C:omci). o,`. St. Anthony: i V::?-o Update and its represontatives reyuF�st to meet with thr� City Council of St. 11nthony at th:».r next regui,-ir m,V eting from this date, February 13, 1984. Video Updat.? is requesting to op,?n a vid io rwre at 2510 Kent.=e `l'ecrac?, M irin".i-pol , Hi.nn°L'ota. Video Update is a irorich:.3 opereition Ek std iii �'7ii(�Z.-e4Jocx3, ��i:ln�?:iOr�i. Vidloo 11rn•3at.a curs rnf-'ty Ivan 15 in t��:� st.;.*: of mJA-InL!-ot�:.. Ail locr t:i.cin;i iii;? ;:or ki)L`y:no with th" st' to erica cl*ty ordl.rriuic'.�.7. V'0i,?U Upd"t'-'. at 510 K-azJ e 7ecri,(,- ? W 4l J_ r_�•'.::U corrrpi y With all "-i;.are and local urdinance set forth by the City of :)t. Anthony. Your prompa.nnss appr=acia.te-t?. 0 J. •..�:i TiC•c tf� t . CITY OF ST. ANTHONY _. PLANNING COMMISSION MINUTES , .. September 21, 1982 The meeting was called to order by Chairman Jones at 7:33 P.H. Present for roll call : Zawislak, Makowske, Jones, Peterson, and Bowerman. Absent: Bjorklund and Sopcinski. Also present: David Childs , City Hanager; Ron Berg, Administrative Assistant; and William Soth, City Attorney . !lotion by Mrs. -Makowske and seconded by Mr. Bowerman to approve as submitted the minutes of the Planning Commission meeting held August 17 , 1982 . Motion carried unan'inously . The following corrections were made to the minutes for the special hearing conducted of the Planning Commission , September 7 , 1982 . Pare 2 , para . 1 : Substitute "questioned whether it would be allow- able" for "believed this might be permissible" , in Line 3 . Page 8 , para . 2 : Insert "sell a product or service to be consumed .:nor, t^c p:rer.;ises and onl•,' these may reaso nably :.c e:•:Dected _c" between t " _._ CC':S .. t i 0 n cl _ ^C:'..�17*` ` _ IIcK_ .:C people" In Line 5 . 'lotion r . Bc•. .,r:-»:- and sec(-ac?e;i by 'Irs . tc icprovc as a(".onc. cC t..c -t:C 5;cecial i' : ?nnlna CC'7..7.issio r. 1C s pteml) r- 7 , 19E2 . - [lotion carried unanimously . tlrs . makowske will report the September 21st Commission meeting minutes to the Council September 29 , 1982 . At 7 : 37 P .M. Chairman Jones opened the public hearing on the petition for a conditional use permit which would allow a video sales and rental business to be opened at 2920 Pentagon Drive N.E. , in the St. Anthony Shopping Center, by reading the notice of the hearing published in the St. Anthony Bulletin September 9th. 1�Mr. Berg .reiterated the comments he had made in his September. 17th memorandum related to the City's position on X-rated materials and had included into the agenda packet excerpts from the City Attorney 's l October 17, 1980 letter, copies of the minutes of the Planning Commis- sion's January, 1981 meeting approving the video center in Apache -2- f i Plaza, and a copy of the City 's Obscenity Ordinance , all of which dealt with the sub.jec.t:= of the sale of X-rated materials for which the .-.,...... applicants have indicated they have no interest in carrying in their St. Anthony store. The application for the permit had been signed by Duane Doughty of Zimmerman, Minnesota and he and two of his partners in the Coon Rapids Color T.V. , Inc. , Bill E. Mortice, also of Zimmerman and Sam Czaplewski , 2105 Marshall Street 'in St. Paul , were present to discuss the store and its operation. They indicated their firm which does business under the name of The 99C Video Club , had another partner, Ed Lanning, who was not present. All the partners fully understood the conditions under which they would be permitted to operate in St. Anthony were "no X-rated movies and no late hours" . Mr. Mortice said these terms were acceptable to them since they plan to have the s.,tore open no later than 8 :00 P .M. on weekdays and only until 5 :00 P .M. on Saturdays and- Sundays and all the movies they would carry are films which could be seen in a theater or on T.V. fie said the store owners would continue their practice at other locations of discouraging juveniles from hanging around their stores . Any such person who comes in , Mr. Mortice said,. would be told to "come back with their parents to make a purchase" . Mrs . Makowske was assured there would be no reason for running a movie its full length, because that would just wear the film out and the screenings would never be visible from outside the buildinc . Gordon Fox, 6924 Ash:•.-ooc:, TIoodbury , Minnesota , said his firm is the managing agent fbr--the St. Anthony Shopping Center and because they and t^e center ' s ::ew `.'crl: o:•:ners were of tie ocinion that it would not ne in t e best business interests of the center to have a porno- crra:,':ic bus inesS there , :-.a6 con;?ucted a thorouch chec;: of the petitioners and their other Isinzdd .-ontures before renting t:ie store next to Jerry ' _ '7ov-s to rox told the C:—z- rman *_:ie center ' s c%..-ners and manao ement are vor•• an..<icus to work 4-ith the City.• on " turning the center around" , and !, _vo retained an architect to drat~ up plans for - rla!:inc `acia i ;lprovemer.ts and remodeling the tao large empty: units lih tyltt e tt r . �.i t yhOU�.' :lL inO�tiS Of I70 Cur rent plans regarding the re,,:raainc- of the try_' = '_ � ":,.tterns , Mr. Fc\ reminded the Commission members that the Eborha� dt Company is involved with the senior ;lousing project across Kenzie Terrace . There was no one present to speak in opposition to the permit request and the hearing was closed at 7 : 51 i' .ri. for Commission deliberations. Dir. Peterson indicated the unequivocal letter of commendation from the manager of the Northdale Center where the same group runs a similar store in Coon Rapids had been most helpful in his- making a decision about the request. Mr. Bjorklund arrived at 7 : 52 P .M. Mrs . Makowske pointed out that she sees a di.fferent set -.of .circumstances for this store as compared to the Video Center which was . somewhat isolated in an interior mall in Apache but then made the motion. which Hr: Bowerman seconded that the City Council grant a conditional use permit to Coon Rapids Color T.V. , Inc. DBA 994� Video Club which would allow the operation of. a video tape .sale. and rental business as pro- posed at 2920 Pentagon Drive under the conditions that: -3- (1) There would be no viewing of tapes in the store, except for bona fide demonstrations of tapes and no viewing would be visible % from outside the store. ._ (2) The proprietor must comply with all state laws and any City of St. Anthony ordinance relating to obscenity. (3) Conviction of the owner or any of the employees of the owner for violation of obscenity laws in the operation of the store would grounds for revocation of this permit by the City Council. In recommending that this permit be granted, the Planning Commission finds that: (A) The proposed use is one of the conditional uses specifically permitted in the district in which it is 'located. (B) The proposed conditional use would not be detrimental to the health , safety , or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity . (C) The proposed conditional use is possibly necessary or possibly desirable at the specified location to provide a service or a facility which is in the interest of public convenience and may contribute to the general welfare of the neighborhood or community . (D) There was no opposition to the permit demonstrated during the hearing. (E) A thorough c.--eck of the petitioners and other stores they operate :�.-,d convinced the shopping center Management tlat this store '.,ould be in the best business interest of the owners . Voting on t::e -otion : e : .lakows':e , Bowerman , Peterson , Zawis lak , and Jones . Abstention : Bjorklund (duo to his late arrival) . Motion carried . In the time which remained before the hearing on the request for an ordinance amendment which would permit motorcycle accessories sales and services as conditional uses in the City , the City Manager re- ported he has written to Congressman Sabo and is going to contact Senators Durenberger and Boschwitz regarding the senior housing proposal which is now in Washington, D.0 . He agreed Congressman Erdahl should also be contacted since he now represents St. Anthony under the new redistricting. fir. Childs indicated developers are being sought for the Kenzie Terrace Redevelopment Project and he told Mrs . Piakowske .it may be November C before the H .R.A. meets again. Th'e Chairman noted the special hearing. .on the proposed Zantigo restau- rant at Apache which is scheduled for October 5th. c.:ounct I II) Irnu-TeS -s- Judy Makowske opened her report on the Planning Commission meeting held September 21st by requesting the following changes be made in the minutes of that meeting: Page 2 , para. 2 : The addition of "at this store as they had at their other locations" following practice in Line 14 . Page 3 , para. 2 : Should read "The proprietor must comply with all state laws relating to obscenity and to any ordinances of the City of St. Anthony thereafter relating to obscenity . " . Page 3 , para. 1 : Add "b" following "would" in Line 2 . Mr. Berg had given a summary discussion of the two proposals heard by the Commission. Mrs . Makowske reported the Planning Commission had recommended a condi- tional use permit be granted to 99(� Video Club to operate a video tape sale and rental business at 2920 Pentagon Drive under the conditions set forth in the minutes . Councilman Marks asked whether there had been testimony during the hearing that this firm sells X-rated materials in their other stores . The Planning Commission representative indicated she had gotten that impression but could not recall the exact con- versation. One of the store ' s owners , Bill Mortice , indicated he and his partners have handled such materials in other locations but fully understand such activities would not be permitted in St. Anthony , having first heard this from a minister who- came- into--the--store long before City officials had told him the same thing . Mr. Mortice does not anticipate this would be any difficulty for his company since such sales and rentals have only accounted for about one percent of their business in other locations and these activities have "only caused troubles " for the owners . Councilman Ranallo noted that Mr. Berg ' s September 17th memorandum to the Commission stated "they will not sell X-rated tapes" , but made no reference at all to the rental of such materials . Mr. Mortice and another partner in Color T.V. Inc. , Sam Czaplewski , confirmed there would be no rental of X-rated tapes or "under the counter sales" . Duane Doughty who had signed the application for the permit was present, but did not speak to the issue. Mayor Sundland reminded the partners that there would be strict enforcement of the City 's ordinances and the conditions set for granting this conditional use permit. Motion by Councilman Enrooth and seconded by Councilman Marks to grant i a conditional use permit to Coon Rapids Color T.V. Inc. , DBA 99C Video Club, which would allow the operation of a video tape sale and rental business , as proposed, at 2920 Pentagon Drive, under the conditions that: (1) There would be no viewing of tapes in the store, except for bona fide demonstrations of tapes and no viewing would be visible from, outside the store . (2) The proprietor must comply with all state laws relating to obscenity and to any ordinance of the City of .-St. Anthony thereafter relating . .. to obscenity . -6- .. (3) Conviction of the owner or any of the employees of the owner for . violation of obscenity laws in the operation of the, store would be grounds for revocation of this permit by the City Council.. In granting this permit, the . Council finds , as did the Planning Commis- i sion, that: (A) - The proposed use is one of the conditional uses specifically permitted in the district in which it is located. (B) The proposed conditional use would not be detrimental to the health, safety , or general welfare of persons residing or work- ing in the vicinity or injurious to property values or improvements in the vicinity . (C) The proposed conditional use is possibly necessary or possibly" --`- - desirable at the specified location to provide a service or a facility which is in the interest of public convenience and may contribute to the general welfare of the neighborhood or community. (D) There was no opposition to the permit demonstrated during the hearings before the Planning Commission or the Council . (E) A thorough check of the petitioners and other stores they operate had convinced the shopping center management that this store would be in the best business interest of the owners . i Voting on the motion: Aye : Enrooth , Marks , Sundland, and Letourneau . Nay : Ranallo. Motion carried. Mrs . Makowske concluded her report by informing the Council that the petition for an amendment to the Zoning ordinance which would allow motorcycle accessory sales as a conditional use had been withdrawn by the applicant after the hearing . She then requested the Planning Commission be kept informed as to when the H .R.A. meetings are scheduled . Mr. Childs had included in the agenda packet a listing of checks staff } has found to be uncollectible , which he requested be written off so the books could be closed for 1981 . He and Chief Hickerson assured the Council every legal process which is economically justified had been followed to collect these monies . The Manager pointed out, however, that a shortage of a little more than a thousand dollars would be more E than offset by the liquor operation net profit of $23 ,281.69 on check cashing. Motion by Councilman Letourneau and seconded by Councilman Marks to authorize the write off of - $1., 350 . 66 in uncollectible checks for the City !s 1981 liquor store operations . Motion carried unanimously. CITY OF ST. ANTHONY -REQUEST-FOR-PLANNING-COMMISSION-ACTION Date Submitted Type of Action Requested Agenda Item Number February 13, 1984 Concept Review Old Business-A. X Formal Action/Motion Date Action Title rp Informational Requested Other Midland Park Subdivision February 21 , 1984 ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager SUMMARY DISCUSSION OF SUBJECT: This is an item reviewed by the Planning Commission and City Council in July of 1982. At that time, the Preliminary Plat was approved subject to showing the NSP easement on the final plat. This has been done and the plat stands ready for approval . ALTERNATIVES : RECOMUIENDATION: Staff recommends that the Commission give favorable recommenda- tion to the City Council . ATTACHMENTS : X Plan Application Form Mailing List Letters of. Support/Objection Notice of Hearing CITX MANAGER'S REVIEW: COf- MENTS h a MEMORANDUM 1 fi DI,`IE : July 15 , 19 '2 i TO: Planning Commission Members a FROM : Ron Berg , Administrative Assistant SUBJECT: Midland Park Addition Preliminary Plat This is a straightforv:ard procedural request for a replat of the Midland Office Building parcel . The reason for the request is essentially for legal purposes . Presently , there are two lots with one of the. lot ' s lines running through the building ( legally inconvenient) . Also , by document or deed , the westerly 60 feet belongs to tihC adjoining land owner but is not recorded as such b1 plat . I '-ave con*_acter. the necessary..p.artie.s_ _ (.util-ity.-companies and City ;..ttorne,• ) and no real problem is seen . NSP does have an easoment (b•., document) running along St. Antihony Boule,.Fard and Anthony South , wthic.n _s not s".owr. here. 1,lti:ouc:11 ^ot absoi _:tely critical that it be snowon , to be complete , It should ::e s.'ho,,.r. on the final plat . This is ttoi.ng ta':en care of . Recommend approval sub; ect to \SP easem n : r: sho,.ti:n on the final Plat.' R C D cj : � Y ;e� �• -1°J • "osi .,:°. o u• m•,roc. �, - — .�: .•fay ,t •� 91 741 jo �1i`/ �" eI',�"__ __._ _._._—. fao if °��, I wft•�`�7 '+ �e•�O! !. DD 96, Ao 'ry1./1 E I M I O •� i�B+ N IO Ir . i. IM � / � to �• L T 734 "`iii ' :•'` -. . Z� OBU/LO/NG lk 4 w I Sy 0/ 1r .90 95 ems. do- 1 CITY OF ST. ANTHONY COUNCIL MINUTES • November. 8 , 1983 i The meeting was opened at 8 :00 P.M. with the Pledge' of Allegiance led by Mayor Sundland. ' Present for roll -call: Marks, Ranallo, Sundland, Letourneau and Enrooth. Also present: David" Childs , City Manager. Motion by Councilman Marks and seconded by Councilman Letourneau to approve as submitted the. minu_tes of the Council.-meeting held October 25 , 1983. Motion carried unanimously. Motion by Councilman----Marks and seconded by Councilman Enrooth to grant a heating license to, All Season Comfort, Inc . , New Brighton. Motion carried unanimously. In discussing the claims listed in the Council agenda, Mr. Childs • explained that the three unemployment compensation claims against the City liquor operation would? "be paid from liquor funds and therefore only the compensation claim for a former staff member would have to be approved by the Council. He also told Councilman Enrooth the claim for engineering services on the sewer rehabilitation project. on Edward Street was for their study of whether reconstruction of the line at a higher elevation would be feasible. Motion by Councilman Ranallo and seconded by Councilman Marls to approve payment of all claims listed in the November 8, 1983 Council agenda as follows : 1 . All verified claims listed for September 30th and November 8th. 2 . $1 , 840 to Doty & Sons for excavating for repair of the water-sewer line on Edward Street N.E. 3. $736 to State of Minnesota for unemployment compensation for a former City employee. _ 4 . $885 to Dorsey & Whitney for--legal services during August, 1933. 5. $837. 27 to Short-Elliott-Hendrickson , Inc. , for feasibility study for rehabilitation of water-sewer line on Edward Street N.E. ;6. . $1,179. 71 to Short-Elliott-Hendrickson; Inc. for preparation of preliminary . plans for the watermain replacement on' .37th Avenue N.E. , ,between Silver Lake Road and Highcrest Road. Motion carried unanimously . i -2- Councilman !darks reported the recent Berger Transfer Company gathering in the northwest corner of Central Park, for which the Council had • approved the serving of alcoholic -beverages and a band, iiad been so loud the Police- had to be called. He -suggested any- future get-togethers of this .type, with loud bands , should be .he.ld . as far away from residential dwellings. as possible. This reminded the .Mayor that .he had -received a call from a Mrs:' Stafford on Edgemere Avenue complaining of the noises generated by, trucks coming and , going on the 'Berger property all night long. Staff will look into this complaint. 'Councilman . Ranallo indicated' he had been the. recipient of very favorable comments from the citizenry about the- efficiency of the Fire Depart- . ment in handling the recent football game injuries . The October Fire Department- Report was ordered filed as informational. Motion by Councilman Marks and seconded by .Councilman Ranallo to accept the bid from and approve payment of $1,500 to Tri-State Pump and Control, Iiamel, MN, for the repairs to the Foss Road Lift Sta- tion, as recommended by the Public Works Director. - Motion carried unanimously. Motion by Councilman, Marks and seconded by Councilman Ranallo to accept the proposal from Short-Elliott-Hendrickson, Inc. for the administration of the City ' s MSA fund account for 1984 , on condition the costs of that service not exceed $2 ,000 . - — Motion carried unanimously. The August and September financial reports for the City were ordered filed as informational. Mr. Childs reported receiving an Action Alert regarding the proposed federal government legislation which would severely restrict the issuance of Industrial Development Bonds and polled the Council members for direction for a response . The general consensus was that these bonds might in the future , as they had in the past, serve the needs of the City for redevelopment as well as new development projects , citing the use of these tools as the impetus for the development of the industrial park and the renovating of the Apache Mall. The Manager will write a letter opposing the legislation. Mr. Childs had provided the recap of 1982 audited financial statements sent by the State Auditor and he drew the Council ' s attention-:to the fact that in many instances the per capita measurements comparing St. Anthony with other cities in -the same class were very favorable to the -City and the-.City's bonding indebtedness was significantly -below , state levels . Motion by Councilman Ranallo,.and seconded by- Councilman Marks to direct staff to write to- the Metropolitan--Council indicating the St.. 'Anthony Council s.trohgly supports the .Association. of Metropolitan Muni-cipalities- policy statement regarding--the Economic Development :Policies ' proposed :by :-the Metro -Council'-.that- .the-'Metropolitan•.Council. should continue , as .-mandated by the . State ,.. to . "plan"., ..but not -to "operate" development- programs,. j.. d -3- "r t' Motion carried unanimously . • Motion by Councilman Letourneau .and. seconded .by .Councilman Marks. to F adopt the. resolution which- :authorizes the signing- -of. the proposed, agreement, wi-th. Hennepin County whereby the City of -.St. Anthony would continue to plow-and -sweep county roads, Silver -:Lake .Road, Kenzie Terrace,, and Stinson Boulevard. r ' RESOLUTION 83-044 A- RESOLUTION AUTHORIZING THE. MAYOR AND . . . . . .:.CITY :MANAGER TO .EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY. OF ST. ANTHONY Y FOR ROAD' MAINTENANCE Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to recess the meeting at 8.: 30 P.M. Motion carried unanimously. a ' -4- The meeting Was 'reconvened at' 8 :-45 'P::M -. to •cer-tify the'' City election results. . - . y, Mayor Sundland' read -the election returns submitted by the' City Clerk .as follows : MAYOR SUNDLAND, WRITE- INS Precinct' #1, .Hennepin 467 = 0 Precinct f2 , Hennepin 77 17 1 (Donna Stauffer) Precinct #3, Hennepin 118 0 Precinct #1, Ramsey . 228 0 GRAND TOTAL _1, 490 _ 1 _ COUNCIL PERSON MARKS MAKOWSKE McMULLEN WRITE INS Precinct #1, Hennepin 328 348 i9'6 0 Precinct #2 , Hennepin 589 461 429 0 Precinct #3, Hennepin 18 9 8 0, Precinct #1, Ramsey 173 121 146 0 GRAND TOTAL 1 , 108 939 779 0 The total voting was 1,589 of the registered voters . • Motion by Councilman Letourneau and seconded by Councilman Enrooth- to approve and certify to the Counties the City election results . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Letourneau to adjourn the meeting at 8 :.46 P.M. Motion carried unanimously. Respectfully submitted, ie'len Crowe , Secretary ATTEST: v City Clerk Mayor I certify that this is a true' and accurate copy of St. Anthony records . City Clerk CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES November 22 , 1983 The meeting was called to order by Chairman Sundland at 8 :08 P.M. Present for roll call : Sundland, Vice Chairman Letourneau, Secretary/ Treasurer Marks, and Commissioners Enrooth and Ranallo. Also present : David Childs , Executive Director; and Judy Makowske , Planning Commission Representative . Motion by Commissioner Ranallo and seconded by Vice Chairman Le- tourneau to approve as submitted the minutes of the H.R.A. meeting held October 21, 1983. Motion carried unanimously. Motion by Vice Chairman Letourneau and seconded by Commissioner Enrooth to approve as submitted the minutes of the H.R.A. meeting held November 8, 1983 . : f a :i 'J CITY OF ST. ANTHONY COUNCIL MINUTES ;� • November 22 , 1983 s; The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Plarks , Ranallo, Sundland, and Enrooth. 1� i Absent : Letourneau. Also present: David Childs, City Manager; and Judy Plakowske , ,d Councilman-elect. Motion by Councilman Ranallo and seconded by Councilman Marks to x approve as submitted the minutes of the Council meeting held November 8, 1983 . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to grant a starting and towing license to Murphy Service Center , Inc. , 3501 29th Avenue N.E.. , in accordance with the license application distri- buted by the City Manager. • Motion carried unanimously . 3 Motion by Councilman Marks and seconded by Councilman Enrooth to approve payment of $1 , 514 . 10 to Ed Hance for the October prosecutions . Motion carried unanimously . Motion by Councilman Plarks and seconded by Councilman Ranallo to continue the tradition of cancelling the meeting which falls between Christmas and New Years, December 27, 1983 . Motion carried unanimously . Councilmen Enrooth and Marks were directed to meet with Mr. Childs for a preliminary review of the City Manager' s contract which is up for renewal the first of the year. The full Council will act on the contract during a special work session sometime after the Committee meets . Councilman .Letourneau arrived at 7 : 35 P.M. Councilman Ranallo reported he had been appointed to serve as vice chairman of the group who are doing the preliminary planning for the League of Minnesota Cities convention in Duluth in June . One of the seminars which is being considered , is one suggested by the Association • of -.City Managers which .would present a mock employment interview for major municipal staff positions . The managers ' group agreed such information to be necessary because they had concluded many serious r -2- mistakes in this area had been made in the oast. Suggestions for other topics for the convention can be submitted to Councilman Ranallo prior • to the League ' s next meeting, December 16th . Councilman-elect Makowske indicated she would be interested in attend- .. ing the training sessions for newly elected officials conducted by the League of Minnesota Cities . Councilman Marks requested staff research methods of providing safer ground bases for playground equipment in Silver Point Park. He also reported his appointment to the Board of Directors for the newly formed Youth Service Board, which would oversee the new community program which would attempt to keep troubled City youth out of the criminal justice system and to provide immediate response to suicide threats or drug overdose. The Councilman indicated that he endorsed signing the joint powers agreement with neighboring communities to carry out these prevention programs. Copies of the booklet "Drinks for Driving" provided by the St. Anthony Chemical Abuse Information Committee for distribution to civic organizations and businesses were given to those present by the Councilman who requested their support of the program. Mr. Childs was asked to present the booklet to the Suburban Chamber of Commerce and the Mayor indicated Ron Taylor, the new Youth Service Bureau counselor would be speaking on this program to the St. Anthony Kiwanis Club . Councilman-elect Makowske reported a good deal of resident interest in the use of the Walbon property on Old Highway 8 . The November 15th • Planning Commission reported the request for a lot split for one of those parcels which the Commission had .given concept approval . Councilman Clarks commented that he would like to see the entire Walbon tract developed for residential use and Councilman. Makowske speculated that the neighbors might be more open to a higher density than single family dwellings after experiencing the annoyances they have with the various forms of non-conforming uses on t:zat property over the years . She was reminded by the Mayor that the most recent Walbon proposals for development of multi-family dwellings had been considered too dense for the land which was available. Councilman Marks wondered if that assumption would still be valid now that the -ownership of the additional triangular piece of land had been resolved . Mr. Childs reported participating in the preliminary fact finding session with the Walbon' s attorney regarding the City ' s insistence that all operations in violation of the Zoning Ordinance on the Walbon property be ceased within 15 days of the November lst notice from the City and he promised to keep the Council members apprised of future . developments in that dispute . The Planning Commission minutes and October liquor operations sales summary were accepted as informational as was the Manager' s November 22nd report on the November 15th bidding on the five city joint fire pumper project which he anticipates would save each community approximately $10 ,000 . A great interest by outstate communities in the program had been ..demonstrated during recent LMC meetings , according to Councilman • Ranallo. -3- The notices regarding the November 28th hearing on the selection and ipurchase of the West Riverbank site for a solid waste resource re- covery facility and the openings on various state boards and advisory councils which was submitted by the * League were noted and ordered filed as informational. j Mr. Childs reported there would be two openings on the Planning Commission in 1984 , one vacated by Mrs . Makowske when she was elected to the Council, and the other now held by Commissioner Jones who a has indicated he would like to be reappointed to continue his service . The Manager said he would have the Bulletin publicize the Commission opening as well as the cutoff date of December 15th for applications 1 and would notify by mail all persons who had previously indicated an interest in serving that the vacancy exists . The new Commission member would be selected by the Council during a work session to be scheduled sometime prior to the January 10th Council meeting. Motion by Councilman Ranallo and seconded by Councilman Marks to accept the quote of $1 ,000 from Layne Minnesota to pull Well #2 for capping, as recommended by the State Health Department , and to sup- port the Public Works Director ' s efforts to sell the well motor and pump to some other small community which might have use for them. Motion carried unanimously . Motion by Councilman Enrooth and seconded by Councilman Letourneau to adjourn the meeting at 8 : 07 P.M. for a meeting of the Housing and Redevelopment Authority. Motion carried unanimously . Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST: City Clerk CITY OF ST . ANTHONY ' • COUNCIL MINUTES December 13 , 1983 i The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Ranallo, Sundland, Letourneau, and Enrooth. Absent: Marks (arrived at 7 : 35 P .M. ) . Also present: David Childs , City Manager; William Soth , City Attorney ; and Judy Makowske , Councilman-elect. Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve as submitted the minutes of the Council meeting held November 22 , 1983 . Motion carried unanimously . Motion by Councilman Letourneau and seconded by Councilman Enrooth to approve payments of all verified claims listed for October 31 , November 22 and 30 , and December 13, , 1983 , as listed in the December 13th Council agenda , as well as the following : • $1 , 047 . 52 to Dorsey & Whitney,-for -legal services during ' September , 1983; $535 to Short-Elliott-Hendrickson , Inc. for the feasibility report for the rehabilitation of the Edward Street sanitary sewer along 36th Avenue N.E . ; and $2 , 132 . 80 to Hennepin County for 1983 charges for mobile and portable radio units utilized by the Fire Department. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Mayor Sundland to approve payment of $9 , 000 to School District #282 for the use of the Park View facilities during October, November, and December, as per the state- ment provided by the City Manager . Motion carried unanimously. Don Mosher, 210 Bremer Building, St. Paul, indicated he was in attend- ance as a representative to Senator Rudy Boschwitz-, who had requested he report to the Council on recent federal legislation the Senator perceived could affect the City and to ascertain on what other matters the Senator could be of service to the Council. Mayor Sundland told Mr. Mosher Councilmen Ranallo and Enrooth had just returned from the National League of Cities Conference in New Orleans where many of the same matters received full discussion. Councilman • Ranallo told the Senator' s aide he perceives that if the $150 cap on Industrial Development Bonds is retained, the City 's ability to proceed with the redevelopment of an economically distressed shopping center could be seriously limited since . St. Anthony had already -2- approved IDB ' s for a new business in the City , which had created a number of new jobs , as well as the rehabilitation of another shopping center'. Councilman Enrooth commented the proposed legislation appeare to him to be an overreaction to a few instances of bond misuse which could only be perceived to be a case of "throwing the baby out with the bathwater" . Mr . Mosher indicated Senator Boschwitz believes the proposed capping of the funding could seriously harm Minnesota pro- jects like St. Anthony ' s but is hopeful that, with the strong op- position, like the Leagues ' which has been generated towards that legislation, Congress might abandon the per capita limitations . When he indicated he didn ' t know a lot about the City ' s project, Mr. Childs was requested to inform him about the Kenzie Terrace Redevelopment Project and its importance to the City. The Mayor and Councilman Marks told Mr. Mosher how grateful they had been for the support they received when they were in Washington from all the Minnesota delegation when they had approached H.U.D. officials to find out why the 40 unit senior subsidized housing project had not been approved for St. Anthony and to establish just what the ground rules would be for submitting a similar project which is a vital part of the Kenzie Project again next year . The Mayor told the aide he would again be seeking Senator Boschwitz ' help with H.U.D. on that project when he is in Washington in March. Senator Boschwitz had been one of nine senators who had voted against Senate Bill #66 , the federal cable telecommunication which would come up again as soon as Congress convenes, according to -Mr. Mosher . He • said the Senator believed that the control of cable franchises should remain in local hands and was hopeful that the full House would be more open to amending the bill before its passage . - Councilman Ranallo requested that Mr. Mosher express the Council' s gratitude to all those persons in the Senator ' s office who had achieved what is almost impossible when they .had secured passes for a family of 12 from St. Anthony to tour the White House while they were in Washington D.C. testifying before Senator Denton' s hearing on adoptions . Mr. Childs was directed to again write to the City ' s congressional representatives to indicate the City 's continued opposition to the proposed cap on Industrial Development Bonds . Mr. Mosher indicated he- would -personally deliver that message to Senator Boschwitz and urged the Council to keep the Senator informed related to the City ' s concerns about other proposed legislation. _The continuance of the discussion of the conditional use permit request from Elmwood Lutheran Church was moved up on the agenda. The matter had been tabled at the Council 's August 23rd meeting to permit further negotiation of differences between church officials and the abutting neighbors related to the church' s request to construct a 75- foot addi- tion to the existing church structure at 3615 Chelmsford, which had also been conditionally permitted in a residential district. The Planning Commission had taken testimony on the proposal at both • their July 19th and August 16th meeting and when the church officials and neighbors had failed to. compromise their differences , had - 3- recommended the request be denied. In August, the Council had • deferred a decision on the project with the hope that through nego- tiation the differences would be resolved, thereby avoiding a win/lose Council decision . In his December 9th memorandum, Mr. Childs had reported the two parties had failed to reach an understanding but , because on October 25th the church had submitted revised plans for the project which could be perceived to substantially soften the impact of the addition on the neighboring property, the Manager indicated he believed it would be difficult to make a concrete rec- ommendation for denial since the proposal would now meet all applicable City codes and regulations . Attached to Mr . Childs ' memorandum were copies of the October 25th 'letter from Elmwood, the sketch of the new design for the building , and a copy of the neighbor' s September 12th letter indicating they still found the 15 foot sanctuary addition "unacceptable" , although the church' s new proposal to resite the educational building 57 feet further back from the neighbor ' s property would be less objectionable . Dick Jones , church trustee and chairman of the building committee , again gave the church' s position on the addition. He told the Council that, even though the addition size had been cut down from 75 to 15 feet, the revised plans would probably be much better for Elmwood because two more classrooms than originally proposed and seating space for another hundred people in the sanctuary could still be provided . With the revised plan, the existing altar could be moved to the other side of the sanctuary , freeing up the space now occupied by two unused rooms behind the altar. He later explained that the 15 foot addition • represented the space between two laminated?beams . Erling Weiberg , who had become the objecting neighbors ' spokesperson at the first hearing , read a prepared statement in which he had reported on the difficulty his group had experienced in trying to contact Mr. Jones and the misunderstandings which had developed between the church officials and the neighbors through this lack of communication. Mr. Weiberg insisted the position the neighbors had taken in their September 12th response to revised plans submitted by the church had only been intended to represent their "first position decision" which they had anticipated compromising after further negotiation. However, he. conceded it had been a mistake not to have indicated such was the case in the letter. The neighbors never knew- anything at all about the church' s October 25th letter to Mr. Childs , with revisions in the plans until Mr. Weiberg had happened to meet Mr. Childs in Apache shortly after Thanksgiving and was told of the letter' s existence and they never saw the letter until the Manager sent it to them early in December when he told the neighbors the plans would be discussed at the Council ' s December 13th meeting. When a meeting of the neighbors was finally possible, December 11th, Mr. Weiberg said there was agree- ment that the siting of the classroom addition would be acceptable but the group had serious misgivings about the sanctuary expansion x because it still posed "a serious problem for the Esau and Antczak • families" . 7 1 i -4- Reverend Joseph O: Valtinson , Jr . , pastor of Elmwood, was present and indicated he and Mr . Jones had assumed upon receiving the . neighbors ' September 12th letter, that further negotiation would probably be unproductive since one of the persons present at one of the hearings had stated "even one foot more would be too much" . He concurred with Mr. Jones ' position that the church had already made important concessions which should be matched by the neighbors . The pastor said he perceives. the church is suffering its own devaluation in property values when they are forced to rent classrooms for $4 ,000 this year just because they are not permitted to build on their own property . He said he doesn ' t perceive a 15 foot addition as dif- fering much from permitted decks on homes throughout the City . How- ever, Reverend Valtinson and Mr . Jones indicated they would be willing to continue to negotiate with the neighbors . Mr. Weiberg reiterated that the September 12th letter had never been intended to be the final position of the neighbors and indicated the church ' s October 25th proposal appeared to be a reasonable one which the neighbors might come to accept if they could just have the opportunity of exploring with the project architect the possibility of an inventive treatment of the proposed sanctuary addition, perhaps with curves and angles , which would not have such an adverse impact on the abutting properties . The owners of the two homes directly behind the church, Mr. and Mrs . Donald Esau and Mr . and Mrs . Lawrence Antczak , 3505 and 3501 - 36th Avenue N.E. , were present and Mr. Esau 'acknowledged there had been a "communication gap" in the negotiations which he requested be resumed, with the architect present , because that 15 additional feet on the sanctuary "remains crucial to Larry and his property" . Mr. Esau recalled that during the hearings the church officials had originally stated they could probably get by without making changes in the sanctuary as long as they. got the needed classrooms . Air. Childs agreed to serve as catalyst to get the parties together and to moderate the negotiations , "if both parties could accept him as an impartial party" . Those negotiations would have to be called well in advance of a .Planning Commission meeting which would be rescheduled for January 3rd so the Commission' s recommendation on the new proposal could be presented to the Council at their January 10th meeting . Councilman Marks indicated he perceived from replies made by Reverend Valtinson and Air. Weiberg to questions he had asked, that the "parties are not really that far apart" on the unresolved differences and it appeared to him that some accommodation was possible which would reduce the possibility of ,-a win/lose Council decision. However, . he cautioned against writing anything down during the discussions so a hardening of positions could be avoided. The Councilman said he agreed with the Mayor that part of the blame for the communication failure might have been the Council ' s when they failed to set a definite time frame for discussions between the parties . The Elmwood request was left on the table until January 10th. Mrs . • Makowske was urged to attend the Planning Commission meeting even though her service on that body would have ceased with her assumption of a seat on the Council, January lst. 5- Mayor Sundland indicated he had realized how far ahead of other • municipalities St . Anthony was when it came to marketing the community when the main speaker at a recent Mayor ' s Association meeting had emphasized that such marketing efforts had not been demonstrated by the majority of municipalities . Councilman Marks commended George Wagner and Rosemary Franzese for attending the recent Planning Institutes for new commissioners , say- ` ing he believes their efforts to keep abreast of new planning con- cepts could be viewed as a real asset for the entire City . He recommended encouraging more and more of those involved in City planning to become exposed to all the new aspects of planning which are available . Councilmen Ranallo and Enrooth were in agreement that the five day conference in Washington D.C. had been invaluable from the perspective of enabling them to compare the City ' s problems with those experi- enced by municipalities all over the nation. Councilman Ranallo reported that after attending the conference, he saw some value in considering a City membership in the national league, having seen the values of workshops like the one which proposed ways of raising revenues other than taxes and because the City is not a member , we do not have voting rights . The main thrust of one session seemed to be that it was of vital importance that cities charge realistically for such services as sewer and water . Another workshop emphasized the importance of coming to grips with payment of equal pay for • comparable work ,which the Councilman said, the City . has_already accomplished when it adopted the Stanton program. The conference had adopted a resolution recommending more , not less , local control of cable franchises , but the resolution favoring the retention of Indust- rial Development Bonds with some restrictions , although passed unanimously by the committee , was voted down on the floor, according to Councilman Ranallo. Councilman Enrooth agreed that it had been evident to him that in spite of the high investment for joining the national league , it would probably be worthwhile for City officials to have the opportunity of getting different perspectives on vital issues . Fie said he certainly concurred with the seminar conclusion on risk management that there should always be careful selection of City personnel to assure all are qualified for their. jobs because he had some personal questions about whether that policy had been followed when he had witnessed some of the damage to lawns following a recent snow plow- ing in his neighborhood. Councilman Ranallo concluded his report by reiterating- the harm which he perceives for the Kenzington Project if IDB funding is cut back too drastically and urged the City to cooperate with the developer to get the first half of the Phase I units sold as fast as possible . The recent Planning Institute in Owatonna had impressed Councilman Marks with the importance of setting up periodic planning sessions with City staff, and business and school representatives to formulate the strategic planning for the community and to update the City ' s Comprehensive Plan. -6- The Mayor reported that when he had noted that the City ' s recent appointee to the Chemical P.buse Information Committee had not been • listed as present in the Committee ' s November 15th minutes , he had called Mr . Oliver who assured him that omission had been inaccurate since he had sat next to Chief Hickerson at that meeting. Those minutes as well as the liquor operation November sales summary , the October financial report and the December 6th staff notes were ordered filed as informational. Motion by Councilman Marks and seconded by Councilman Enrooth to follow the City Manager' s recommendation to accept the proposal from Adrian S . Helgeson to conduct the City 's 1983 audit for $10 , 400 . Motion carried unanimously . Mr. Childs assured Councilman Enrooth that all risk management princi- pals had been applied to the hiring of a new patrolman for the City the previous week and the anticipated hiring of another that week because all the best hiring tools , including intensive research of qualifica- tions , service backgrounds as well as psychological assessments had been utilized before the candidates were selected . He then reported he anticipates the Council should be able to award the contract for the fire truck at their January 10th meeting anticipating the questions of not accepting low bids for the pruchase would be resolved before that date by the attorneys representing the various municipalities participating in the joint purchase. The Manager then reported he had learned at the last Managers Associa- • tion meeting that the League of Small Cities is still pushing for the rewriting of the state aid formula and the emphasis had been on the continuance of municipalities ' efforts to let the legislators know that the smaller cities ' unhappiness with perceived inequities in the aid distribution. An update on recent developments in the provision of cable service for the community was given by Al Kaeding , the City ' s representative on the North Suburban Cable Communication Commission. He reported that Roseville , New Brighton and Little Canada had all voted to take a hard line on the question of reaction to Group W's failure to provide cable service in accordance with the timetable they had agreed to when seeking the franchise . Mr. Kaeding indicated he was not in complete agreement that forcing the provider to either meet the terms of their agreement or pay for non-compliance was the wisest course and had come to the Council to ascertain what action he should take in their names . The Mayor indicated he would favor giving the cable company an extension rather than forcing litigation. Councilman Ranallo concurred, saying he feared any other course would only further delay the provision of cable service for the residents . Councilman Marks said his own experience with corporate workings led • him to conclude a hard line might work with Group W. Councilmen Enrooth and Letourneau supported -that position because they believed i -7- the cable company should have to honor their contract. Mr . Soth • indicated he would recommend actions forcing Group W to withdraw from its contract be only taken as a last resort , suggesting that the City should stay with that provider until doing so became completely intolerable. The attorney said he would favor trying to negotiate a reasonable construction schedule to going into litigation with Group W. Motion by Councilman Letourneau and seconded by Councilman Marks to adopt the resolution which authorizes the execution of the agreement f with Ramsey County whereby the City would undertake the winter road maintenance of Silver Lane from Silver Lake Road to Stinson Boulevard. RESOLUTION 83-045 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF ST. ANTHONY FOR 1983-84 WINTER ROAD MAINTENANCE SERVICES Motion carried unanimously. In his December 9th memorandum, the Manager had addressed the con- : tinuing problem with increasing levels of contamination in Well #3 and indicated the necessity for estimating the cost of making a con- nection with Roseville before taking corrective action. Motion by Councilman Marks and seconded by Councilman Enrooth to follow the staff recommendation to accept the low bid of $2 , 950 from Short-Elliott-Hendrickson , Inc. for a feasibility study of the City ' s . connection to the Roseville water system. Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Letourneau to follow the recommendations of the Public Works Director and Manager that 39 days of accumulated sick leave be reinstated for Herman Weber , assuming the circumstances in this. case to be very unusual and should not be expected to set a precedent for any other employee . Motion carried unanimously . Councilman Letourneau had elected not to run for reelection to the Council and since this was the last regularly scheduled meeting at which he would serve, his colleagues and staff acknowledged that fact during a short, informal observance at which coffee and cake were served. The Mayor presented the departing official with a plaque commemorating his service on the Planning Commission from 1971 to 1977 and on the City Council from 1978 to 1983. The Councilman responded by telling those present his decision not to run again had been a hard but necessary one he had to make . =8- Motion by Councilman Ranallo and seconded by Councilman Marks to adjourn the meeting at 10 : 30 P .M. for the Housing and Redevelopment • Authority meeting , which would follow immediately . Motion carried unanimously . Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST: City Clerk • i i I CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES December 13, 1983 The meeting was called to order by Chairman Sundland at 10 : 31 P .M. Present for roll call : Sundland, Vice Chairman Letourneau, Secretary/ Treasurer Marks , and Commissioners Enrooth and Ranallo. Also present: David Childs , Executive Director; William Soth, Attorney; and Judy Makowske , Planning Commission representative. Motion by Secretary/Treasurer Marks and seconded by Chairman Sundland • to approve as presented the minutes of the November 22 , 1983 H.R.A. meeting. Motion carried unanimously . Motion by Secretary/Treasurer Marks and seconded by Commissioner Ranallo to authorize the deferment of land acquisition for Phases II and III of the Kenzie Terrace Redevelopment Project as requested in the November 29 , 1983 letter from Arkell Development Corporation. Motion carried unanimously . Motion by Vice Chairman Letourneau and seconded by Commissioner Enrooth to adjourn the meeting at 10 : 33 P .M. Motion carried unanimously. i Respectfully submitted, Helen Crowe , Secretary • CITY OF ST. ANTHONY COUNCIL MINUTES • January 10 ,1984 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Carol Johnson, City Clerk, Administered the oath of office individually to Mayor Robert Sundland and Councilman Marks, who had been reelected to those positions and to Judy Makowske, who was elected to fill the position vacated by Richard Letourneau. They congratulated each other and were congratulated by Councilman Ranallo and Enrooth. All answered to the roll call. Also present: David Childs , City Manager; William Soth, City Attorney, Carol Johnson and Lee Entner, Fire Chief. Motion by Councilman Marks and seconded by Councilman Ranallo to approve as submitted the minutes of the Council meeting held. December 13, 1983 . Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to approve payment of $292 . 50 to Dorsey & Whitney for legal services during October 1983. Motion carried unanimously. • The Manager recommended the two amounts listed in the agenda as budget payments for the North Suburban Cable Communications Commission not be paid at this time because, although he and Al Kaeding do not anticipate the City would be withdrawing from the cable commission, they had concluded it would be prudent not to have $8 , 625 invested which might be difficult to get refunded from Group W if they fail to provide cable service or the City opts to withdraw from the North Suburban group. Councilman Marks and the Mayor had moved the payment of the budget contributions but their motion was superseded by the following: Motion by Councilman Marks and seconded by Councilman Enrooth to table payments of $6 , 900 and $1, 725 , the City 's contribution to the North Suburban Cable Communication Commission for 1984 and the remainder of 1983. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Makowske to approve payment of $1,507 . 65 to Edward J. Hance for November prosecutions. Motion carried unanimously. • Motion by Councilman Marks and seconded by Councilman Ranallo to approve payment of $1 ,594 . 88 to the Layne Minnesota Company for pulling Well #2 for abandonment. Motion carried unanimously . -2- i William Zawislak reported on the special meeting of the Planning Commission which had been called by the Council to review and • give a recommendation on the revised site plans for a Conditional Use Permit for the proposed expansion of the Elmwood Lutheran Church at 3615 Chelmsford Road, which he had chaired. The Commissioner indicated that, because the church and the abutting property owners had been able, during their meetings since the December 13th Council meeting, to satisfactorily compromise their differences related to the manner in which the addition would be constructed, the Commission in turn had reversed its initial recommendation for denial # by giving a unanimous recommendation for approval of the new proposal from the church. L Mr. Childs, who had monitored the meetings between church officials and the neighbors, had indicated that staff would also recommend the Elmwood request be approved as per the Planning Commission motion recorded in their January 4 minutes. The Mayor said he was "very pleased to see the neighbors and church officials had been able to negotiate their differences in good faith and in a Christian manner, since at first it had appeared the Council might be forced to make a "no win" determination on the first proposal which could have resulted in further aggravation of existing problems between the church and the abutting homeowners" . He thanked the Planning Commission members for holding a special meeting on the request so soon after the holidays. Mr. Zawislak, in turn, thanked the Manager for the part Mr. Childs had played in - getting a successful negotiation. Both church representatives and the abutting property owners , the Antzcak ' s and Esau' s were present. Donald Esau, whose property at 3505 36th Avenue N.E. abuts the area of the church building where the new sanctuary and fellowship hall/classroom additions were proposed, rose to thank the Planning Commission and Council members for the time and effort they-had expended to resolve the problems he and his neighbors had foreseen with the first proposal made by the church. He asked for the final findings of the Commission on the last proposal and they were read aloud by the Mayor, after which Dick Jones , an Elmwood trustee and building committee chairman, addressed the Council saying he wanted to express the gratitude of the church's pastor; Reverend J. Valtinson, who was present, and the Elmwood congregation for the patience and forbearance demonstrated by the Council, Planning Commission and neighbors. Motion by Councilman Ranallo and seconded by Councilman Marks to grant the Conditional, Use Permit requested by Elmwood Church which would allow the expansion of the existing sanctuary and development of a fellowship/classroom addition on the existing church structure at 3615 Chelmsford Road, as specifically indicated on the revised site plans for the project, identified as Exhibit A finding, as had the Planning Commision, that: • 1. There had been significant public input from the abutting property owners, the neighbors down the block, and representatives of the church. 2 . Both the neighbors and the church representatives had agreed the -3- revised proposal now adequately represented their interests. i3. The proposed 15 foot extension to the sanctuary and the 57 foot setback for the kitchen/fellowship hall addition are now perceived to minimize the proximity of the existing church to the abutting backyards of the single family residences along 36th Avenue N.E. , thereby avoiding further aggravation of an already potentially detrimental condition and resulting in an acceptable conditional use in that single family neighborhood. The Council further stipulates, as the Commission had recommended that this permit be granted only on the condition the church: a. provide landscaping, including shrubbery, which would eliminate the necessity for mowing the grass on the embankment, b. take the necessary steps to prevent potentially damaging runoff from the church building onto the neighbor' s property, and c. agree that the proposed sanctuary should not be extended either east or west at any time in the future unless there is a positive agreement with such expansion by the owners. Motion carried unanimously. After a brief discussion of each, the November and December Fire . Department reports as well as the December 6th St. Anthony Chemical Abuse Committee minutes were ordered filed. In her December 29th letter to the Manager and City Council , Roscella Connelly, who had served as one of two City representatives to as well as chairperson for the Eastside Hennepin County Human Services, Inc. , had indicated she would not be seeking reappointment to that body when her tenure ends January 24 , 1984 , but intends to remain temporarily on the council as a staff volunteer. With her letter , she had sub- mitted copies of the group' s By-laws and Articles of Incorporation, along with the council 's 1983 priority report to the Hennepin County Commissioners. Councilman Makowske indicated she believed a letter of commendation should be sent to Mrs. Connelly for her invaluable service to the community and that, at the same time, she be requested to suggest persons who might be interested in replacing her on that Council. Mayor Sundland told her a certificate of commendation had been presented to Mrs. Connelly by the Council the previous year, but he would certainly support the repetition of that commendation by letter this year. Mr. Childs indicated that, in addition to seeking Mrs. Connelly's recommendations, he planned to publicize the opening on the Human. Services Council in the City Newsletter. The Council agenda had included a discussion of the December 12th • notification that the Rice. Creek Watershed District- was seeking representation from St. Anthony on the two advisory committees formed to insure that the Chapter 509 watershed management plan developed by the District is technically sound and meets local policy objectives. The Manager indicated that the Public Works Director would be serving -4- • on the Technical Advisory Committee and Mayor Sundland reported Council- man Enrooth had indicated to him that the Councilman believes he would have the time to serve as the elected official from the City on the Citizens 509 Task Force. The resident who would serve as the City' s second representative on the task force would be sought through a news article (the city newsletter) by Mr. Childs. Copies of the January 8th notice from the County Assessor to the City Clerk designating that a Board of Review should be held in St. Anthony May 8th were distributed by the Manager who commented that he did not anticipate a large attendance since it appeared there would not be an appreciable- raise in property taxes in the City this year. Motion by Councilman Marks and seconded by Councilman Enrooth to sched- ule a Board of Review to be conducted by the Council in their chambers at 6 : 30 P.M. May 8, 1984 . Motion carried unanimously. Suzy Gammell, 83 Barton Avenue S.E. , Sales Manager for the Kenzington of St. Anthony gave the Arkell progress report on the condominium project for which she presented a colored rendition which she said she believed to be "an accurate rendering" of the development after rev- isions recommended by the Council and Planning Commission. She reported 16 units had been sold to date which she believed to be • very encouraging considering the first advertisements are not scheduled for ten days and there had been very little followup over the holidays on interest from prospective buyers who were responding to "word of mouth" advertising. Ms. Gammel perceives from the number of phone calls coming into her office that community interest is still high and she expects that interest to be further heightened when the grand opening for the full size model of the condominiums is held within the next four weeks in the trailer Arkell has on the Kenzington site. During the Council reports , Councilmen Makowske and Marks both reported receiving complaints about the "ugly bottle" sign which advertised the opening of the new liquor warehouse. Councilman Marks wondered whether governmental signs of this type should not be reviewed by the Planning Commission. Mr. Childs responded by saying the sign had been removed about a week earlier and the Mayor recalled that the decision when the new Sign Ordinance had been adopted had been not to burden the Planning Commission with temporary signage which' is: often down before the Commission has an opportunity to act. Councilman Enrooth reported receiving calls about the manner in which the water meter readings were taken this year. He recommended that in the future there be more effort made to notify the residents in advance of the readings and that the readers carry better identification. Councilman Makowske wondered if the youthful appearance of one of the • readers had not aroused the concerns of some of the residents. The Mayor indicated Councilmen Enrooth and Marks had held their discuss- ion with Mr. Childs about the City Manager 's salary structure and a work session would now be necessary to reveive their report and to neg- -5- otiate a- contract with the Manager. He suggested this could be acc- omplished the same evening the Council makes its appointments to the Planning Commission. The format he suggested was accepted by the other Council members for the work session to be held Monday, January 16th at 7 : 00 P.M. Councilman Ranallo announced the League of Minnesota Cities convention would be held in Duluth June 12-15 and said it would be necessary to get reservations in early to get housing near the convention center. Councilman Marks related his experiences with trying to aid a resident 'E in notifying the City polic=e about a stalled car in _front of the resident's home. Mr. Childs agreed to include in the next Newsletter the correct telephone number which is to be used in such 'instances. The Councilman then reiterated the benefit to the City he -perceives by becoming' a full member of the Youth Service Bureau on which he now represents the City and suggested that membership be considered when the 1984 budget is developed. Councilman Marks and the Mayor both indicated .they believed the $450 plus cost of belonging to the National League of Cities would be more than offset by the advantages of having City delegates to the League conventions able to vote on as well as to participate in discussions of matters which are City concerns. Councilman Enrooth concurred saying it costs more to go to Washington than to belong. • Motion by Mayor Sundland and seconded by Councilman Ranallo to authorize the City ' s membership in the National League of Cities as long as membership fees do not exceed $500 , in which case, the Manager would return the matter to the Council for further consideration. Motion carried unanimously. The Manager had distributed copies of the proposed advertisement for bids for materials necessary for the City crews to replace the watermain on 37th Avenue N.E. when that roadway is rebuilt, saying the Public Works Director had estimated the materials would cost at least $30, 000 and those costs could increase if the City waits to bid next year. Motion by Councilman Marks and seconded by Mayor Sundland to authorize the advertisement for bids for the materials necessary for the replace- ment of the watermain along 37th Avenue N.E. in conjunction with the rebuilding of County Road D. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Makowske to adopt the resolution which designates the St. Anthony edition of the Bulletin as the official newspaper for the City in 1984 . RESOLUTION 84-001 A RESOLUTION DESIGNATING LEGAL NEWSPAPER FOR THE CALENDAR YEAR 1984 -6- • Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to adopt the resolution which designates Clarence Ranallo as Mayor a Pro Tem for 1984 . 'a i3 RESOLUTION 84-002 A RESOLUTION DESIGNATING MAYOR PRO TEM 3f FOR THE CALENDAR YEAR 1984 n Voting on the motion: b Aye: Marks, Enrooth, Sundland and Makowske. Abstention: Ranallo •, Motion carried. :j Attached to the proposed resolution designating a vendor for animal . control services for the City was a comparison of services proposed `q by MAPSI and White Bear Animal Control, Inc. and the proposed contract with MAPSI for those services. Mr. Soth suggested the wording of Section 7 of the contract be modified to conform to Section 5 ' s reference to conformance to the City ordinances. Motion by Councilman Marks and seconded by Councilman Makowske to 'r • adopt Resolution 84-003. RESOLUTION 84-003 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT WITH MAPSI , INC. Motion carried unanimously. The pmposed purchasing agreement with St. Paul which would enable the City Fire Department to gain access to the many purchasing a contracts utilized by St. Paul was discussed with Chief Entner. Mr. Soth recommended a modification of the wording of Section 5 which would indicate "the bids would be subject to the approval of both the City of St. Anthony -and St. Paul" . Motion by Councilman Marks and seconded by Councilman Ranallo to adopt the resolution which authorizes the execution of the joint purchasing agreement with St. Paul with changes in the wording suggested by the City-Attorney. RESOLUTION 84-004 i • A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE JOINT PURCHASING AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF ST. PAUL f Motion carried unanimously. ' -7- Chief Entner had explained in his Janaury 5th memorandum the reasons • he . was recommending the joint purchase contract for the new fire pumper be awarded to General Safety Equipment Corporation. He told Councilman Makowske the equipment could not be bid as part of the total package because the City' s needs differ from those of other municipalities joining in the purchase. He reiterated his estimation that the City could save between $8,000 and $10 ,000 by purchasing the pumper jointly, citing a recent independent bid for such a pumper as coming in at $132 ,000 for an apparatus which was not fully equipped as compared to General 's bid of $124, 800 which a included all the equipment specifically required by the City. The Mayor again attributed the success of the program to Chief Entner' s foresight and efforts .where other municipalities had considered such an endeavor impossible. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which awards the contract for a 1250 GPM Fire Pumper . for $124 , 800 to General Safety Equipment Corporation as proposed by the City Fire Chief. RESOLUTION 84-005 A RESOLUTION AWARDING FIRE PUMPER BID Motion carried unanimously. • Motion by. Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which designates the St. Anthony National Bank as the official depository for City fund. RESOLUTION 84-006 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR CITY FUNDS Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to adopt the resolution which authorizes the investment of liquor operation funds in accordance with bank deregulation legislation. RESOLUTION 84-007 A RESOLUTION AUTHORIZING BARBARA HICKERSON TO OPERATE THE MONEY MARKET AND NOW ACCOUNTS AT THE ST. ANTHONY NATIONAL BANK Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman Marks to adopt Resolution 84-008 . -8- RESOLUTION 84-008 A RESOLUTION APPROVING THE SIGNATURE . OF THE MAYOR, FINANCE DIRECTOR AND THE CITY MANAGER ON ALL DRAFTS DRAWN AGAINST DEPOSITS OF THE CITY OF ST. ANTHONY, MINNESOTA Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to adopt Resolution 84-009 . RESOLUTIONd 84-009 A RESOLUTION ESTABLISHING MARCH 15, 1984 AS CUT-OFF DATE FOR RECEIVING PETITIONS FOR PUBLIC IMPROVEMENTS Motion carried unanimously. Motion by Councilman Marks and seconded by Mayor Sundland to approve payment of all verified claims for the liquor operation for November 30th and December 14 , 1983 , as listed in the January 10 , 1934 , Council agenda. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to \adjourn the meeting at 8 : 30 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: City Clerk CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES • January 10, 1984 The meeting was called to order by Chairman Sundland at 8 : 40 P.M. Present for roll call: Sundland, Secretary/Treasurer Marks and Commissioners Ranallo, Enrooth and Makowske. Also present: David Childs , Executive Director; William Soth, Attorney, and William Zawislak, Planning Commission Representative. Motion by Secretary/Treasurer Marks and seconded by Commissioner Enrooth to approve as submitted the minutes- of the H.R.A. meeting held December 13 , 1983. Motion carried unanimously. Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to approve payment of $2,796.75 to Dorsey & Whitney for legal services connected with the Kenzie Terrace Redevelopment Project during October, 1983 . Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner • Ranallo to approve payment of $5, 000 to O.J. Janski & Associates for inspection of properties and real estate appraisals for the Kenzington Terrace Project (remainder of $8 , 000 was previously paid by Westwood) . Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner Makowske to approve payment of $1,260 to Federal-State Relocation Consulting Service, Inc. for their services on Phase 1 of - the Kenzie Terrace Project. Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner Enrooth to approve payment of $500 to Michael J. Rivard for consulting services on the commercial loans to tenants in the St. Anthony Shopping Center for ,the renovation program proposed for that center. Motion carried unanimously. Motion .by Commissioner Ranallo -and seconded-by Secretary/Treasurer Marks to approve . payment of $2,833.50 .to the Derrick Companies for consulting services on the Kenzie Terrace Project. • Motion carried unanimously. Page 2 . • Mr. Childs explained that the payment of $1 , 400 in interest to Westwood Planning and Engineering was necessary because there had been no funds available to the H .R.A. when those costs had been incurred. Commissioner Enrooth indicated he would be approving the Westwood bill under protest because of those interest charges . Motion by Secretary/Treasurer Marks and seconded by Commissioner Enrooth to approve payment of $21, 500. 23 to Westwood Planning and Engineering Company for their services on the Kenzie Terrace Project. Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner Ranallo to designate Richard Enrooth to serve as Vice Chairman of the St. Anthony Housing and Redevelopment Authority for 1984 . Voting on the motion : _ Aye : Marks, Ranallo, S undland and Makowske. Abstention: Enrooth. Motion carried. • Motion by Secretary/Treasurer Marks and seconded by Vice Chairman Enrooth to authorize Adrian Helgeson and Company to do a financial audit of the H.R.A. from its inception to December 31 , 1983 . Motion carried unanimously. The progress report from Suzy Gammel had been given during the Council meeting which preceded the H.R.A. meeting. At that time she had also delivered to the H.R.A. Chairman a personal check from Mr. Arkell for $300 , 000 issued to show good faith in the deliverance of a Letter of Credit in the same amount by the developer January 20th. Motion by Secretary/Treasurer Marks and seconded by Vice Chairman Enrooth to adjourn the meeting of the St. Anthony Housing and Redevelopment Authority at 9 : 00 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary • i 1 r ' CITY OF ST. ANTHONY t • COUNCIL MINUTES i January 24 , 1984 a 1 ' The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led by .Mayor Pro Tem Ranallo. Present for roll call : Marks, Ranallo, Enrooth, and Makowske. Absent: Sundland. Also present: David Childs , City Manager and Don Hickerson, Police Chief. The following amendments were accepted for the January 10 , 1984 Council minutes : Page 3, para. 3 : Under (c) , "home" should be inserted before "owners" in Line 3 . Page 4 , last para. : Correct typo "receive" in last line . Page 7, para. 2 : Substitute "Makowske" for "Ranallo" in first line. Motion by Councilman Marks and seconded by Councilman Enrooth to approve as amended the minutes of the Council meeting held January 10 , 1984 . Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Ranallo to approve as submitted the minutes of the Council- work session held January 16 , 1984 . Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Enrooth to grant a service station license to Apache Mobil , 4000 Silver Lake Road, as presented in the January 24 , 1984 agenda. Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of all verified claims as listed for December 31 , 1983 and January 10 , 1984 in the January 24 , 1984 Council agenda. Motion carried unanimously. Mr. Childs had advised in' his January 19th memorandum that Al Kaeding and staff were now convinced that the City 's contribution to the North Suburban Cable Communications Committee would eventually be reimbursed by Group W, prompting the following action: -2- Motion by Councilman Marks and seconded by Councilman Ranallo to remove from the table the payments to the North Suburban Cable Com- munications Commission for further consideration by the Council. Motion carried unanimously. The motion made January 10th by Councilman Marks and seconded by Mayor Sundland to approve payments of $6 ,900 and $1,725 , representing the City 's contribution towards the North Suburban Cable Communica- tion Commission for 1984 and the remainder of 1983, respectively, was then passed unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to approve payment of $437. 50 to Dorsey & Whitney for legal services during November, 1983. Potion carried unanimously . Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of $218 . 86 to Short-Elliott-Hendrickson, Inc. for rehabilitation plans for the Edward Street sanitary sewer line. Motion carried unanimously. The introduction of two new police officers was moved 'up on the agenda and Jeff Scholl and John Ohl were presented to the Council by Chief Hickerson who indicated both are in field training and doing very well , as reported in the January 17th staff notes . The police trainee gave their educational backgrounds and the reasons they had chosen law enforcement careers and St. Anthony as a workplace . The Mayor Pro Tem welcomed them to the City indicated he perceived their addi- tion to the Police Department "could only make a good police force better" . Councilman Marks reiterated his positive attitude towards the Youth Service Bureau as reported in the minutes for the January 17th meeting of the Chemical Abuse Information Committee , as well as his proposal that the City ' s support for the Bureau would be sought sometime in March or April. Councilman Makowske indicated she would be attending the training sessions for newly-elected officials in February . Following a clarification of some of the figures reported in the December sales summary for the Liquor Operation, that report and the Chemical Abuse Information minutes were ordered filed as informational . During their work session January 16th, the Council had held interviews of candidates for membership on the Planning Commission and had selected Ron Hansen, 2704 - 32nd Avenue N.E. to fill the vacancy on the Com- mission resulting from the election of Commissioner Makowske to the Council, and had confirmed Doug Jones ' reappointment to that body. Mr. Hansen was present for the following: 3- Motion by Councilman Ranallo and seconded by Councilman Enrooth ' to • appoint Ron Hansen and Doug Jones to three year terms on the St. Anthony Planning Commission. Voting on the motion: Aye : Ranallo, Enrooth and Makowske. Abstention: Marks . i y Motion carried. Hennepin County had urged the City to continue its representation on the Planning Area Citizens Advisory Committee who would now be responsible for expediting the allocation of Year X Community Develop- ment Block Grant funds . The City had previously been represented on that Commission by John Thatcher and the Bulletin reported, Jim Schwartz , was requested to publicize that the City was looking for someone to fill that vacancy. City Manager Childs presented a report on the status of the addition to the Police Department administrative offices in Parkview, suggest- ing .that since previous discussions about the project took place during a work session-, there are no minutes of the discussion- of that project. Mr. Childs , had, in his January 19th memorandum, summarized his perception of what the Council consensus had been. He indicated • his recollection had been that- the Council had agreed to the con- struction of ' the addition by the Public Works Department, subject to the approval by the School District of the expansion at no extra lease cost to the City. The Manager reported that, since that meeting , a trade-off had been negotiated with the school officials whereby the City would get the extra space at no cost, on the condition the City provided the large identification lettering on the signage which would specifically designate tenants ' location in Parkview; continued to do the cleaning of the restrooms used jointly by the City and the Developmental Learning Center, and, constructed with CDBG funds , a barrier free access for the handicapped at the southwestern corner of the cafeteria . In his memo, Mr. Childs had also indicated that this project had been referred to in the December 5th Cityscan, which estimated construc- tion costs would run between $900 and $1 , 000 and he said the quotes for the air conditioning unit (an additional cost) would be referred to them for payment authorization. He then reported that the office location for Ron Taylor had been changed from near the Police Depart- ment to a spot more advantageous for the youth counselor. The Mayor Pro Tem indicated that he perceived "This would be a good addition" , and requested a motion of approval. Motion by Councilman Marks and seconded by Councilman Ranallo to • affirm the conceptual approval of the proposed expansion 'of the Police Department facilities in Parkview, as presented by the City Manager, and to authorize that quotes be sought for an air conditioner on the roof. Motion carried unanimously. r G -4- The Manager distributed copies of the letter from Art Mason of the Minnesota State Department of Agriculture, which was also signed by • John Hayward of the U.S . Department of Agriculture , indicating that, in order to control the Gypsy' Moth infestation in St. Anthony, it would be necessary for an area of the City west of:.the tennis courts in Central Park to be sprayed with harmless biological pesticide to "prevent further infestation of this , one of the most serious defoliators of trees in the nation Mr. Childs had addressed the matter in his January 19th memorandum and recommended compliance with their request that an informational public meeting be scheduled in the Parkview cafeteria, February 14th to acquaint the residents with the moth ' s potential •for damage and to answer any of their con- - cerns regarding the spraying. All residents in the area which would be sprayed would be notified by letter of the hearing where spraying , as well as alternative methods of control , would be presented. The Council consensus was that their meeting that evening would be delayed for the hearing and that they would receive resident input related to the proposals during that Council meeting. Motion by Councilman Psarks and seconded by Councilman Makowske to schedule a public meeting on the proposed eradication of the Gypsy Moth infestation to be held in the Parkview cafeteria at 7 :00 P.M. , February 14 , 1984 , and to reschedule the Council meeting that evening to 8 : 30 P.M: to enable- Council members .-.to attend the.-. publ_ic meeting. Motion carried unanimously . In his memorandum recommending that the sublease with the Develop- • mental Learning Center be renewed at an increase from $5 . 35 to $5 . 90 per square foot, the Manager gave the reasons he saw for extending that sublease for office space the City no longer uses , which included the use of the DLC lease proceeds for repairs and improve- ments in the Police Department and administrative offices . Motion .by .Counci:lman Marks ..and seconded by Councilman Enrooth to adopt Resolution 84-010 . RESOLUTION 84.-010 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SUB-LEASE FOR OFFICE SPACE IN THE PARKVIEW BUILDING WITH THE ST. ANTHONY DEVELOPMENTAL LEARNING CENTER Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which authorizes the renewal of the lease with Phil LaMere for barber shop space in the City Fire Station, as proposed by the City. Manager in his January 19 , 1984 memo to the Mayor and Councilmen. RESOLUTION 84-0.11 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY. MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH PHIL LaMERE, d/b/a BARBER STYLISTS FOR RENTAL AT 2800 KENZIE TERRACE s e -5- 1 Motion carried unanimously. • Motion by Councilman Marks and seconded by Councilman Makowske to adopt the resolution which authorizes the execution of the employment agreement with the City Manager which had been developed during the Council 's work .session, January 16th. 4 RESOLUTION 84-012 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYMENT AGREEMENT BETWEEN DAVID It. CHILDS AND THE CITY OF ST. ANTHONY Motion carried unanimously. h Motion by Councilman Enrooth* and seconded by Councilman Ranallo to accept the low bid of $24 , 111 for the .purchase of a 27,500. cab and chassis plow truck, with box included, to Lakeland Ford under the ?: joint purchasing agreement with the Hennepin County purchasing group , as recommended by the Public Works Director in his January 16th memorandum to the Mayor and Councilmen. t4 Motion carried unanimously . In their January 19th letter to the City Manager, the St . Anthony Chemical Abuse Information Committee had requested City funding of • $1, 100 for 19.8.4.,,and Councilman-,Marks reiterated, as he had reported in the Committee ' s January 17th minutes , that he had advised them that it would -b�e-:=preferable in the future to submit such requests early in the spring ' so that funding can be considered when the budget for the following year is developed. Councilman Ranallo traced the history of the City ' s relationship"with the Committee for Councilman_ Enrooth ' s benefit and the Manager told him the City ' s financial participation had been relatively minor. Motion by Councilman Ranallo and seconded by Councilman Marks to authorize the funding of $1, 100 from the Council ' s Contingency Fund for 1984 for the St. Anthony Chemical Abuse Information Committee for the purposes listed in the Committee ' s request. Motion carried unanimously . Since the membership fees to the National League of Cities had exceeded $500 , further authorization had been directed by the Council during their January 10th meeting. Motion by Councilman Marks and seconded by Councilman Enrooth to approve payment of $556 for 1984 membership in the National League of Cities . Motion carried unanimously. . -6- Motion by Councilman Marks and seconded by Councilmen Enrooth to • adjourn the meeting at 8: 21 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST: City Clerk •