HomeMy WebLinkAboutPL PACKET 10191993 Meeting Sheet
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101433
Box: 20
Folder: PL PACKETS 1993
Document: PL PACKET 10191993
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
October 19, 1993
7:00 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF SEPTEMBER 21, 1993 MINUTES.
IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE
NOVEMBER 9, 1993 CITY COUNCIL MEETING.
V. PUBLIC HEARINGS.
A. APPLICATION FOR A CONDITIONAL USE PERMIT, JANE OLIN - OWNER
• - "THE HAIR SOLUTION", 2906 PENTAGON DRIVE, ST. ANTHONY
SHOPPING CENTER.
B. APPLICATION FOR A CONDITIONAL USE PERMIT, RICHARD B.
FREIBERG - OWNER - DICK'S ST. ANTHONY "66", 2700 KENZIE
TERRACE.
C. PETITION FOR A SETBACK VARIANCE, RICHARD B. FREIBERG -
OWNER - DICK'S ST. ANTHONY 116611, 2700 KENZIE TERRACE.
D. PETITION FOR VARIANCE, DARRIN AND JOANN MERCIL - BUYER,
3112 SILVER LAKE ROAD.
E. PETITION FOR VARIANCE, WALLY BAUER - OWNER, 3640-3644
SILVER LAKE ROAD.
F. APPLICATION FOR SUBDIVISION/PLAT APPROVAL, WALLY BAUER -
OWNER, 3640-3644 SILVER LAKE ROAD.
G. PETITION FOR SIGN VARIANCE, JAKE CADWALLADER - OWNER -
REALTY WORLD - CADWALLADER, 3800 APACHE LANE.
VI. MISCELLANEOUS.
A. COUNCIL REFERRED ITEM -- APPLICATION FOR GARAGE SETBACK
PERMIT, SCOTT D. BARTON, 3515 HARDING STREET NORTHEAST.
Planning Commission Agenda
October 19, 1993
Page 2
B. COUNCIL REFERRED ITEM -- DISCUSSION OF PROPOSED ORDINANCE
1992-012.
C. COUNCIL REFERRED ITEM -- PLANNING COMMISSION APPOINTMENT
LIMITS.
VII. STAFF UPDATE.
VIII. COMMISSIONERS' COMMENTS.
IX. ADJOURN.
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 SEPTEMBER 21, 1993
6
7
8 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7:00 P.M. and the Pledge of Allegiance was led by
11 Chair Faust.
12
13 2. ROLL CALL
14
15 Commissioners Present: Madden, Bergstrom, Thompson, Franzese, Gondorchin and
16 Faust.
17
18 Staff Present: Management Assistant Urbia.
19
20 3. APPROVAL OF AUGUST 3, 1993 MEETING MINUTES
21
22 Motion by Madden, second by Franzese to approve the minutes of the August 3, 1993
23 Planning Commission Meeting with the following corrections:
4
5 page 2, line 8: strike "commence the first" and add "schedule each"
26 page 4, line 9: replace "Urbia" with "Abrahamson"
27 page 7, line 41: add a comma between "request" and "it"
28 page 7, line 41: add "needed to" between "have" and "meet"
29 page 9, line 47: replace "Commissioner Franzese" with "It was"
30
31 Motion carried unanimously
32
33 4. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE SEPTEMBER
34 28, 1993 CITY COUNCIL MEETING
35
36 Commissioner Thompson will represent the Planning Commission at the September 28,
37 .1993 Council Meeting.
38
39 5. PUBLIC HEARINGS
40
41 A. Application for Subdivision/Plat Approval, Jerome P. HoIewa.'3484 Silver Lane
42
43 The Public Hearing was opened at 7:06 P.M. by Chair Faust. He read the Notice of
44 Public Hearing which appeared in the September 8, 1993 edition of the St. Anthony .
45 Bulletin.
96
Planning Commission Meeting
September 21, 1993 •
Page 2
1 Urbia explained his staff report and the concurrent review process of the City of St.
2 Anthony and the Evergreen Townhome Association. Urbia also explained a Metes and
3 Bounds description; how the City could waive the plat requirement in a subdivision
4 application; the significance of torrans property; the approval by the Ramsey County
5 Registrar of Titles for the conveyance of land in torrans property by Metes and Bounds
6 description; and lot coverage issues. Urbia also explained the three options of the
7 Commission: (1)the Commission could recommend approval of the request, but provide
8 for the approval contingent upon other review authority approvals; (2) the Commission
9 could recommend denial of the request, and if the City Council voted this way, the
10 request would be dead regardless of other review authority opinions; or (3) the
11 Commission could table the request to seek input from the other review authority.
12
13 Madden asked if this application is legal considering the applicant does not own the land.
14 Urbia explained that this is possible, so that if an applicant is a potential buyer, they may
15 assess the situation prior to the potential acquisition.
16
17 Madden inquired if Mr. Holewa owns 3484 Silver Lane. Faust stated Mr. Holewa is the
18 buyer, as stated on the application form.
19
20 Franzese stated that the request should be tabled, so that the Evergreen Townhome •
21 Association can debate the issue. Franzese stressed that this was important because it
22 would allow the review authority at the lowest and closest level of the impact to have
23 input.
24
25 The applicant, Eleonor Holewa, 3201 Townview Avenue Northeast, (buyer for 3484
26 Silver Lane) explained why they applied for the subdivision request. They desire the
27 additional room to enhance their townhome and applied in good faith. It was never their
28 intention to hurt other neighbors. They ask for a fair hearing and consideration.
29
30 Victor Brenk, 3458 Silver Lane, spoke in opposition to the request due to visibility
31 concerns; lot coverage; green space; and precedence. Mr. Brenk supplied a petition in
32 objection signed by 24 of 26 contacted townhome units. Faust asked how many total
33 units there were, and Brenk replied there were 37 units.
34
35 Jerry Madison, 3442 Silver Lane, spoke in opposition to the request. He believes they
36 are not owners so they cannot apply. In addition, there are 34 of 37 units that can vote
37 on this issue
38
39 Jerry John, 3456 Silver Lane, indicated that he was the Acting President of the
40 Evergreen Townhome Association. He agreed with Commissioner Franzese that the
41 issue should be tabled to allow for the Townhome Association to vote on this matter on
42 September 28th. As a resident, he would vote against the proposal. As a Board Member
Planning Commission Meeting
• September 21, 1993
Page 3
1 he wishes for the Planning Commission to table the item.
2
3 Linda Jessen, 3476 Silver Lane, indicated that she was a Board Member of the Evergreen
4 Townhome Association. She said as a Board Member and owner she opposes the request
5 as it would set a negative precedence.
6
7 The Public Hearing was closed at 7:26 P.M..
8
9 Commissioner Madden believes the Commission should make a firm recommendation
10 tonight and he would be opposed to the request.
11
12 Faust agreed with Madden and believed tabling the item would place the item in limbo
13 and not serve the applicant or other affected parties well.
14
15 Gondorchin agreed that a motion of denial recommendation would be most appropriate.
16
17 Franzese pointed out that the local government should not get involved until the
18 Townhome Association decides upon the issue and she would prefer tabling the item.
19
�0 Thompson opposes the request because he believes the green spaces should be preserved.
1
22 Bergstrom agrees with Franzese on which level should decide upon the issue, however
23 on this specific issue, tabling it would delay the inevitable.
24
25 Faust made two other points. First, ownership is not an issue as a number of buyers in
26 the past have made requests to the City. Second, the Commission has been concerned
27 about lot coverage and storm water drainage issues and this request raise some concerns.
28
29 Motion by Madden, second by Thompson to recommend to the City Council denial of
30 the application for subdivision/plat approval as requested by Jerome P. Holewa noting
31 concerns for lack of green space, crowding, lot coverage issues, architectural balance.
32 In addition, a majority of Evergreen.Townhome residents who expressed opposition.
33
34 Motion carried unanimously
35
36 Chair Faust advised this item will be on the September 28th Council Meeting agenda.
37 He recommended the interested parties attend that meeting.
38
39 B. Application for Garage Setback Permit, Scott D. Barton, 3515 Harding Street
40 Northeast
41
02 The Public Hearing was opened at 7:35 P.M. by Chair Faust. He read the Notice of
Planning Commission Meeting
September 21, 1993 •
Page 4
1 Public Hearing which appeared in the September 8, 1993 edition of the St. Anthony
2 Bulletin.
3
4 Urbia presented his staff report and how the garage setback permit request, if approved,
5 would allow additional space for the applicant to attach the. garage and house with a
6 breezeway. Urbia also explained that if approved, conditions can be placed on the
7 applicant through a garage setback permit.
8
9 Franzese inquired about the overhangs and Urbia stressed that the three foot limit was
10 at the further most edge of the overhang. Franzese inquired about the side-yard setback
11 on the other side, and Urbia responded that it was 32.5'. Urbia also stated that the
12 proposal would have a lot coverage of 25%. Franzese asked about the side-yard setback
13 of the neighbor to the north. Urbia stated that the 57" figure was probably more
14 accurate than the 5'8" figure provided in the written application. Franzese inquired
15 about the current garage and if it would be removed. Urbia responded that the garage
16 would be moved and the old concrete slab would be removed.
17
18 Madden asked about the driveway and if the City could require the applicant to upgrade
19 it without this request. Urbia explained that the lack of hard cover driveway is
20 grandfathered. Faust inquired if the housing maintenance ordinance would address this •
21 issue at point of sale. Urbia said he would look into and report back to the Planning
22 Commission at their next meeting.
23
24 The applicant, Scott Barton, 3515 Harding Street Northeast, began by answering some
25 of the questions raised by the Commissioners during the staff report. The neighbors
26 side-yard setback is 5'8". His overhang is three to four inches. He needs the additional
27 room for the breezeway due to the elevation difference between the home and to where
28 the garage will be moved. The additional room is needed so that stairs in the breezeway
29 can be accommodated. As the home is not square to the property line, the garage will
30 have to be square to the home and will not be square to the property line. He also
31 described screening issues of the neighborhood.
32
33 Thompson inquired if he ever considered attaching the garage to the home. Barton said
34 there is an elevation difference of two feet which would be cost prohibitive to elevate the
35 garage and have full frost footings, and difficult to place steps inside the garage. Barton
36 added that the proposal matches where the current curb cut is, and to move it would
37 require him to replace the curb as well.
38
39 Faust inquired how the applicant was sure the measurements were accurate. Barton
40 responded by saying he found his four monuments. Faust believed the measurements are
41 vague and felt that a survey might show the applicant has more space than he thinks and
42 would not need this request to complete the proposal. Barton asked if a certified survey
Planning Commission Meeting
September 21, 1993
Page 5
1 was required. Urbia responded that a survey will be required if necessary.
2
3 Jerome Bennek, Sr., 3512 Coolidge Street Northeast, has lived there for the past 30
4 years. He is concerned that the garage is 60+ years old and questioned whether it could
5 withstand a move. Faust indicated that it was not the City's concern how it was moved,
6 but that it must remaining in stable condition and this will be verified by the Building
7 Inspector. Bennek inquired about the rental situation in the home. Faust indicated that
8 this is not an appropriate issue to discuss tonight.
9
10 James Wiehoff, 3508 Coolidge Street Northeast, asked why the City is even considering
11 this proposal. Urbia responded that an applicant has a right to make a request and the
12 City must give it consideration. Wiehoff said that no one wants a garage that close, so
13 this should not be approved.
14
15 Don Dick, 3519 Harding Street, indicated that he is the immediate neighbor to the north.
16 He brought up maintenance concerns, and that three feet is too close.
17
18 Barton indicated he would like to respond to some of the comments made in opposition.
19 Barton admitted that his maintenance has been lacking but that was because he did not
R0 want to put a lot of money.into something that will be changed. He indicated that he
1 would improve the condition of the landscaping and garage if this request is approved.
22
23 Meichun Wang, 3800 Foss Road #17, stressed that all of the other issues such as rental
24 and maintenace are not germain to the public hearing, and that the crucial question is if
25 the Planning Commission will recommend to the City Council approval or denial of the
26 request.
27
28 Barton explained his plans for the driveway width and that it would not impact the
29 neighbor's property. Dick stated that Barton was inaccurate about his plans for the
30 driveway and that the width would impact his property. Faust indicated that the
31 driveway width is not an issue at this time and that the Building Inspector would insure
32 compliance.
33
34 The Public Hearing was closed at 8:13 P.M..
35
36 Gondorchin indicated that this request does not fall into the garage setback permit area.
37 Faust indicated that the request allows the Commission to refine their definition and
38 interpretation of this new ordinance concept. Gondorchin agreed with Faust. In
39 addition, Gordorchin believes there is a lot of room on the property to find alternatives
40 to the proposal.
41
2 Faust believes the garage setback permit was created to allow expansion of single garages
.__.. .-- - --mot:::. rrr.•a r^^-..�...- ....-._... -. .._ .. •- -. .. . .. _
Planning Commission Meeting
September 21, 1993
Page 6
1 to double garages.
2
3 Madden agreed with Gondorchin and Faust and encouraged the applicant to find another
4 method of attaching the home and garage with a breezeway.
5
6 Franzese was concerned about fire safety and if apparatus could be brought between the
7 existing fence and proposed garage location.
8
9 Thompson believes it is a depressing looking property, but does not need a garage
10 setback permit to improve the property.
11
12 Bergstrom understands the applicant's desire to improve, but cannot grant the permit for
13 a larger breezeway.
14
15 Motion by Gondorchin, second by Faust to recommend to the City Council denial of the
16 garage setback permit request as it does not meet the original intent of the City for
17 creating the garage setback pewit ordinance. In addition, several people spoke against
18 the request and the proposed side-yard setback causes concerns for fire safety.
19
20 Motion carried unanimously
21
22 Chair Faust advised this item will be on the September 28th Council Meeting agenda.
23 He recommended the interested parties attend that meeting.
24
25 6. MISCELLANEOUS
26
27 A. Concept Review, Dick's St. Anthony Phillips "66", 2700 Kenzie Terrace
28
29 Urbia explained the various elements of the proposal by Mr. Richard Freiberg. The
30 proposed canopy and addition to the building would require setback variances. The
31 parking requirements call for eight spaces, which must be clearly marked. Barrier-type
32 curbing is a consideration. Staff will assess if any curbing may be required. A
33 conditional use permit must also be applied for, because when an existing gas station
34 expands its use, it must come into compliance with the newer City Ordinances.
35
36 After the Planning Commission discussed the issue, there appeared to be a consensus of
37 approval. Madden stressed that variances have been granted in the City already for
38 canopies. Franzese encouraged staff to research the previous hardships used for allowed
39 canopy variances.
40
41 B. Planning Commission Vice-Chair Vacancy
42
Planning Commission Meeting
September 21, 1993
Page 7
1 Motion by Franzese, second by Madden to appoint Commissioner Gondorchin as the
2 Planning Commission Vice-Chair for the remainder of 1993.
3
.4 Motion carried unanimously
5
6 C. Designate Planning Commission Representative to the Environmental
7 Ouali /Recycling Committee
8
9 Motion by Franzese, second by Gondorchin to appoint Commissioner Bergstrom as the
10 Planning Commission Representative to the Environmental Quality/Recycling Committee.
11
12 Motion carried unanimously
13
14 D. Designate Planning Commission Representative to the Economic/Redevelopment
15 Task Force
16
17 Motion by Faust, second by Franzese to appoint Commissioner Madden to the
18 Economic/Redevelopment Task Force.
19
10 Motion carried unanimously
1
22 7. STAFF UPDATE
23
24 Urbia reported that there will be three agenda items for the October Planning
25 Commission Meeting. The agenda items are: condition use permit and variance request
26 for Phillips "66"; a sign variance request for Cadwallader; and conditional use permit
27 request for a therapuetic massage service in the hair styling business at the St. Anthony
28 Shopping Center.
29
30 8. CONEMSSIONERS' COM ENTS
31
32 Faust asked staff to check the status of Ordinance 1993-012. Franzese asked staff to look
33 back at hardships used for previous variance requests for canopies to use for Phillips
34 "66" variance request in October.
35
36 Motion by Madden, second by Franzese to recognize Rick Werenicz and' the
37 committment and service he provided to the Planning Commission from 1986 to 1993.
38
39 Motion carried unanimously
40
41
�2
Planning Commission Meeting
September 21, 1993
Page 8
1 9. ADJOURNMENT
2
3 Motion by Madden, second by Thompson to adjourn the meeting at 9:15 P.M..
4
5 Motion carried unanimously
6
7
8 Respectfully submitted,
9
10
11
12 David Mark Urbia, Management Assistant
STAFF REPORT
•
DATE: October 13, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: APPLICATION FOR CONDITIONAL USE PERMIT, JANE OLIN -
OWNER - "THE HAIR SOLUTION", 2906 PENTAGON DRIVE, ST.
ANTHONY SHOPPING CENTER
BACKGROUND
The request is for a therapeutic massage service within the current operating establishment.
The proposal exactly mirrors the previous request from Nancy Anderson, TAN ME, in Apache
Plaza. The City Council approved that request with the following conditions:
(1) The massage therapy being restricted to therapeutic massage and approved hours of
operation; the hours of operation being Monday through Friday 10:00 A.M. to 8:00
P.M., Saturday 10:00 A.M. to 5:00 P.M., and Sunday 11:00 A.M. to 4:00 P.M.;
• (2) The permit would automatically be revoked if there is any violation of applicable City
of state statutes related to criminal sexual conduct by any person associated with the
operation;
(3) The massage therapy offered must comply with the code of ethics and definition of
massage therapy established by the Association of Body-Work Professionals and/or the
American Massage Therapy Association; and .
(4) The massage personnel must have graduated from a State of Minnesota certified
professional program with a minimum of 100 hours training.
RECOMMENDATION
Recommend to the City Council approval of the request with the above listed conditions.
However, amend the hours of operation to reflect the hours of operation for this applicant.
Date: g1, .
Fee: $130.00
CITY OF ST. ANTHONY
Application for a Conditional Use Permit
Applicant: ®-��--
Address:, & Phone: ';!g//- 4/00
f ILIA,
Status of applicant (owner, buyer, renter, agent, etc.): G UAto
Street address and/or legal description of property in question:
Zoning district in which property is located: 0
Conditional use proposed:
Minnesota Statutes and City Ordinances require the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1. The proposed conditional use is one of the conditional uses specifically listed for
the zoning district in which it is to be located. v
2. The proposed conditional use will not be detrimental to the health, safety, or
general welfare of erp sons residing or working in the vicinity or iniurious to
roe 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 convenience and will
contribute to the general welfare of the neighborhood or community.
LZ
• Sign t re of Applicant
05 21 -.93A 00LK
OL
•
CITY OF SAINT ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Jane Olin, Owner, "The Hair Solution" .
Property Address: 2906 Pentagon Drive, St. Anthony Shopping.Center
Proposal: Application for a Conditional Use Permit to allow the
operation of therapeutic massage treatments in a
Commercial "C" zoning classification.
Anyone wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
• Publish: Bulletin, October 6, 1993
•
STAFF REPORT
DATE: October 14, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: DICK'S ST. ANTHONY "66" CONDITIONAL USE PERMIT AND
VARIANCE REQUESTS
BACKGROUND
The conditional use permit request is required, as this property has not previously gone through
this process and the proposed addition is an expansion of use.
The proposed redevelopment is defined as a through lot. A through lot must have setbacks of
35 feet from all public right-of-ways. Parking area must be setback ten feet from the property
line and twenty feet from the property line when it abuts a residential area. The property abuts
only commercial property and two public right-of-ways (Kenzie Terrace and Coolidge Street).
The square footage of the current building and proposed expansion is 2,296 square feet, which
requires eight parking spaces. The Uniform Fire Code require dispensing devices to be a
minimum of ten feet from property lines and buildings, which is the case in this proposal.
Portions of the existing building is outside the building envelope, but this situation is
grandfathered. The proposed addition requires a variance. The variance would be for 32 feet
six inches. The proposed canopy requires a variance. The variance would be for 23 feet.
With approving a conditional use permit, various conditions could be placed upon the business.
Conditions such as: hours of operation, hours of sign illumination, and length of time and
number of cars that are stored.
RECOMMENDATION
Recommend to the City Council the approval of the conditional use permit request and
variance request based on the following conditions:
(1) Parking lot must be striped for 8 spaces;
(2) The canopy lighting must shine down;
(3) No more than 10 cars stored on the site for no more than 48 hours;
(4) Removal of roof sign;
(5) New screen fencing behind building; and
(6) Complete paving on east side of building up to public right-of-way.
Date: ��
Fee: $130.00
CITY OF ST. ANTHONY
Application for a Conditional Use Permit
Applicant: A i c.NA410 6 FRFi d sR&
L4
Address:3Q65- 3 AAvj C4E6'K 04iyc New 346j#*Mne:M-7Y0-I 3`ye
Status of applicant (owner, buyer, renter, agent, etc.): COW"/154<
Street address and/or legal description of property in question:
01700 leeNzje 7-rmFe4cc Dtc"s sr.
Zoning district in which property is located: C'O K C-) 4L
Conditional use proposed: To AItCw ioFr Adv„—,cti To 07a9.7- 0,-4 d�=
I5mot-k'✓3i.uG r ^10 A- C14vD�,I 0 yCi2 10"m� /SC���.
Minnesota Statutes and City Ordinances require the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1. The proposed conditional use is one of the conditional uses ssRecifically listed for
the zoning district in which it is to be located. yes
2. The proposed conditional use will not be detrimental to the health, safety, or
general welfare of erp sons residing or working in the vicinity or injurious to
roe values or improvements in the vicinity.
LALL- N%7-W -DEYR1A1P-N1AL-- Mc iN_3uQ1&.A5Ta /RDA
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 convenience and will
contribute to the general welfare of the neighborhood community.
• Signature o ant
09 -22- 93A 00[K
3 1 G ALLO To ye wrrN
Gp.TRc4 Seoav«a ��y1 A?c NceDtO 7-0 YCc�p W� L✓rT/`J �jKSr�e/s
ML
; 1
CITY OF SAINT ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Richard B. Freiberg, Owner, Dick's St. Anthony "66"
Property Address: 2700 Kenzie Terrace
Proposal: Application for a Conditional Use Permit to allow for
expansion of the existing service station. The proposed
expanded use will be a canopy and a ten foot addition to
the existing building.
Anyone wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are.available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
Publish: Bulletin, October 6, 1993
•
Fee:
(R-1............$ 60.00
• Other.........$100.00)
CITY OF ST. ANTHONY
Petition for Variance
Applicant: Al c NAod t3 Fi4 61 6F,e G-
70- 499�•
Address: 3c!t 4g,&'C, c-,tcr.c. 4wivc xew -:o4jynrt%,PhoneY-7yV- .j3 yY
Status of applicant (owner, buyer, renter, agent, etc.): Ou-'NtR
Street address and/or legal description of property petitioned for variance:
a 700 ►leAlx ig T-oKK A-C-F p 1OWS
Zoning district in which property is located: r"0W c i a u
Request:,. A O d„ o.., OF 10 FT Tb 7-He r4Sr G10 OF 4 1 Ld 1tiG
a. C,4Avo0ye QQGA A&,MP 151.4v4 3biw /6914 F451ci'n
Minnesota Statutes and City Ordinances require that the following conditions must be
satisfied for approval of this request. Please respond to these conditions using additional
sheets, if necessary.
1. Because of the particular physical surroundings, shape, or topographical
conditions of the parcel of land involved, the proposed variance would relieve an
undue hardship, as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enforced.
i 3 .1 aw�C�ldbl-Q 14I S�:t� d'A-k--�-D o 1d 5 h'pe
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 zornng district.
LJoin�d a�lrw«o� -�� %3�4w'cArd
a6t�L a�✓LJ,'�\ J fern'=C c--9oao+ .
3. The alleged difficulty or hardship is caused by City Ordinance and has not been
created by any persons presently havin n interest in the parcel of land.
Signature f Aculcant
-93 ,
CITY OF SAINT ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Richard B. Freiberg, Owner, Dick's St. Anthony "66"
Property Address: 2700 Kenzie Terrace
Proposal: Petition for a setback variance to allow the construction
of a gas pump canopy. The setback requirement is 35
feet from a right-of-way in a Commercial "C" zoning
classification. The setback variance request is for 27
feet, so that the canopy will be setback eight feet at its
closest point to the right-of-way.
Anyone wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
Publish: Bulletin, October 6, 1993
CIO
In
�.
STAFF REPORT
DATE: October 14, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: PETITION FOR VARIANCE, DARRIN AND JOANN MERCIL -BUYER,
3112 SILVER LAKE ROAD
BACKGROUND
This property is part of the St. Anthony HRA attempt to do scattered-site redevelopment. As
this lot is a buildable lot, an updated home would require variances. The following variances
are required:
-Front-yard variance of seven feet;
-Back-yard variance of twenty feet;
-Lot area variance of 440 square feet; and
-Lot width variance of twenty-four feet.
The property at 3108 Silver Lake Road has a front-yard setback of approximately 22 feet and
a north side-yard setback of approximately five feet.
The applicant's proposed positioning of the house preserves the west, side-yard area for
recreational open space activities. In addition, the minimal back-yard setback is attributed to
attempting to closely match the approximate 30 foot setback of 2920 Townview Avenue.
RECOMMENDATION
Recommend to the City Council approval of the above listed variances with the hardships
being the following:
-to allow the redevelopment of a platted and buildable lot;
-hardship caused by City Ordinances; and
-the proposed home is of modern standards, which requires additional total square
footage and different design considerations.
O
Fee: uv�1 9- i-9s �
(R-1............$ 60.00
Other.........$100.00)
• CITY OF ST. ANTHONY
Petition for Variance
Applicant: Darrin and JoAnn Mercil
Address: 2542 Ulysses St NE MPLS 55418 Phone: 788-9359-x 378-0794-W
Darrin. . 343-0441-W JoAnn
Status of applicant (owner, buyer, renter, agent, etc.): Buyer
Street address and/or legal description of property petitioned for variance:
3112 Silver Lake Rd; request change to a Townview address.
Zoning district in which property is located: R-1
Request: Request the following variances: front-yard setback variance of
7 ft; backyard setback of 20ft; and lot area variance of 440 square ft
and lot width variance of 24 ft for a corner lot.
Minnesota Statutes and City Ordinances require that the following conditions must be
satisfied for approval of this request. Please respond to these conditions using additional
sheets, if necessary.
1. Because of the particular physical surroundings, shape, or topographical
conditions of the parcel of land involved, the proposed variance would relieve an
undue hardship as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enforced.
2. The purpose of the proposed variance is not based exclusively.upon a desire to
increase the value or income potential of the parcel of land, but would correct
extraordinary circumstances applicable to this property but not applicable to other
property in the vicinity or zoning district.
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.
Signature of Applicant
1. The granting of this variance would relieve an undue hardship. The following
hardships are: (1) the topography of the lot limits the positioning of the home; (2) the
City requirement of the garage facing Townview Avenue; and (3) the lot is platted and
buildable, but the previous home was small and not of today's standards.
2. The granting of this variance would correct extraordinary circumstances applicable to
this property, but not other properties. Most lots are of the appropriate size. There are
some that are smaller, and by not granting the variance, redevelopment could not occur.
3. The alleged difficulty or hardship has been caused by City Ordinance, as the City is
requiring the front and back yard to be defined in a manner that leaves little width in
a building envelope. In addition, the City Ordinances requirements of setbacks and lot
area and width came after the lot was platted. By following the Ordinance, lot would
not be redevelopable. The City is interested in redevelopment, as the H.R.A. acquired
this property for this purpose.
CITY OF SAINT ANTHONY
• NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Darrin and JoAnn Mercil, Buyer
Property. Address: 3112 Silver Lake Road; R-1 zoning classification
Proposal: Petition for the following variances: front-yard setback
variance of seven feet; back-yard setback variance of 20
feet; lot area variance of 440 square feet for a corner
lot; and lot width variance of 24 feet for a corner lot.
The request would allow the redevelopment of a platted
and buildable lot where hardsip is caused by City
Ordinances created after the lot was platted.
Anyone wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
Publish: Bulletin, October 6, 1993
Q
3112 Silver Lake Road
• 5' [25' required)
30' 28'x56'
Silver
Lake
Road
10'
Lot Area = 10,560 sq.ft. [66'x160')
(11,00 sq. ft. required) 23'(30' required)
Lot Width = 66'
190' required)
North
Townview Avenue I
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STAFF REPORT
DATE: October 14, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: 3640/3644 SILVER LAKE ROAD LOT SPLIT AND VARIANCES
BACKGROUND
The applicant makes this request to enable refinancing. A requirement of the financial
institution is for a lot split to enable each individual the ability of separate ownership. The
City can subdivide the property using the same survey and parcels A and B division line as the
new property line. Therefore, subdivision can be done waiving the replat requirement. As this
is an existing structure, a lot split would require a zero lot line. This concpet immediately
requires a variance. In addition, there needs to be variance for lot area, width, and lot
coverage. The zero lot line variance would be for five feet for each structure. The other three
variances are required, as the current lot meets the ordinance, but the two proposed lots would
not.
3640 Silver Lake Road (proposed interior lot):
-Lot Area = 5,6560' 12,0000' req'd - 1620.05, Subd. 2(a)
-Lot Width = 49.4' 85' req'd - 1620.05, Subd. 2(a)
-Lot Coverage = 40.6% (estimate) 30% req'd - 1620.05, Subd. 8
3644 Silver Lake Road (proposed corner lot):
-Lot Area = 8,121■' 14,000N' req'd - 1620.05, Subd. 2(b)
-Lot Width = 71.1' 100' req'd - 1620.05, Subd. 2(b)
-Lot Coverage = 28.3% (estimate) 30% req'd - 1620.05, Subd. 8 (no variance)
RECOMMENDATION
Recommend to the City Council approval of the subdivision (waiving plat requirements) and
the variances, with the following hardship:
• An existing structure that will not be modified, to allow for separate ownership. {,
NOTES
Lot coverage calculated in the following manner:
Main structure - 24' x 46.3' = 1,111.20m'
Side porch - 4' x 8.4' = 33.6s'
Driveway* - 24' x 48' = 1,152s'
*(higher estimate to allow for sidewalks)
Total Coverage = 2,296.80'
Date:
s
Fee: $150.00
CITY OF ST. ANTHONY
APPLICATION FOR SUBDIVISION/PLAT APPROVAL
Applicant: Phone:
Address:
Status of Applicant (Owner, Buyer, Renter, Agent, etc.):
Present Legal Description of Property to be Affected:
Proposed Legal Description of Property to be Affected:
�5/ r- /�-' v
Street Address:
Zoning District in Which Property is Located: �- z
Specify Any Necessary Easements: � '��
Area of the Plat/Subdivision:
Number of Parcels: 2�
Attach a copy of the proposed plat showing the proposed name of the plat, the location
within the City, the names of the present owners, the scale, the date of preparation, the
northpoint, surrounding property, all public utilities and easements and other such
necessary information or documentation as is requested by the City Manager or the
• subdivision/platting ordinance.
1 = * 1 05 . 00CK
09 =93Q
CITY OF SAINT ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Wally Bauer and Robert Fleming
Property Address: 3640/3644 Silver Lake Road
Proposal: Application for Subdivision/Plat Approval to allow for a
zero lot line of a twinhome.
Anyone wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
Publish: Bulletin, October 6, 1993
i
Fee:
(R-1............$ 0.0
• Other.........$100.00)
CITY OF ST. ANTHONY
Petition for Variance
Applicant:
Address: �Z:, I'Li. Cpl i )Z� Phone: �B-
57- 7-7-5,24,
Status of applicant (owner, buyer, renter, agent, etc.): ��'/✓�.
Street address and/or legal description of property petitioned for variance:
Zoning district in which property is located:_ Z
Request: � �,L /=�,,� Z.�2 o Z- Lo To IVA"elzoerr
Minnesota Statutes and City Ordinances require that the following conditions must be
satisfied for approval of this request. Please respond to these conditions using additional
sheets, if necessary.
1. Because of the particular physical surroundings, shape, or topographical
conditions of the parcel of land involved, the proposed variance would relieve an
undue hardship, as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enforced.
2. The purpose of the proposed variance is not based exclusively upon a desire to
increase the value or income potential of the parcel of land, but would correct
extraordinary circumstances applicable to this property but not applicable to other
property in the vicinity or zoning district.
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 arcel of land.
G
ignature of Applicant
10 -01 - 93A * 105 . 00U
CITY OF SAINT ANTHONY
NOTICE OF PUBLIC HEARING •
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Wally Bauer and Robert Fleming
Property Address: 3640/3644 Silver Lake Road
Proposal: Petition for Variance to allow for a zero lot line of a
twinhome. The following variances will be required,: lot
area and width, lot coverage, and a zero lot line.
Anyone.wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
Publish: Bulletin, October 6, 1993
Home Design Free Estimates
Home Building Additions
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We, F. BAUER
CONSTRUCTION CO.
1080 West County Road E
Shoreview, MN 55126
483-0518
Display Home 739.1148
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CERTIRCATE OF SURVE 4'
For,:
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NOTE: Lot line' falla'wi thin'common•wall. L�_h
Easements of ree_rd are nr•t shown. z ;
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• STAFF REPORT
DATE: October 13, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: PETITION FOR SIGN VARIANCE,JAKE CADWALLADER-OWNER-REALTY
WORLD - CADWALLADER, 3800 APACHE LANE
BACKGROUND
The new owner wishes to retain the existing sign and install new sign covers.
This requires a variance as it exceeds the roof line more than five feet. This
request is not similar to the Northgate Office Park sign. The Northgate Office
Park replacement sign was allowed under 1400.08, Subd. 15 (page 14-9, revised
7/21/93). The current request could not be granted under this section, as it does
not lawfully exist.
The proposed total sign area is 64 square feet. The maximum allowable wall sign
area is 150 square feet. The two-sided sign could be allowed, as there are two
frontages.
RECOMMENDATION
If the variance is granted, hardship must be found. Visibility and business
location issues could be a consideration.
•
Date: - A -,
•
Fee: $100.00
CITY OF ST. ANTHONY
Petition for Sign Variance
Applicant:
Address: �8� ..��..4.�� Phone: 1
Status of applicant (owner, buyer, renter, agent, etc.): e-/
Street address and/or legal description of property petitioned for variance:
3800 L l Pc_jc� \_�
Zoning district in which property is located:
Request:Trvem o ,��`�° '�E a, .s o•. ��. Sc G�
Minnesota Statutes and City Ordinances require that the following conditions be satisfied-
for approval of this request. Please respond to these conditions, using additional sheets,
if necessary.
1. The granting of the variance will not be detrimental to the public welfare or
injurious to other property in the neighborhood or village.
2. A particular hardship to the applicant would result if the strict letter of the
regulations are adhered to.
3. The conditions upon which the applications for a variance are based are unique
to the parcel of land for which the variance is sought and are not applicable,
generally, to other property within the same land-use classification.
Signature pplicant
• Date: \C> -� -�
1.0 -0E.- 93A * 100 . 00V
REALTY WORLD
REALTY WORLD ®-Cadwallader
3800 Apache Lane,St.Anthony,MN 55421
Telephone:(612)781-7484
1 ) The granting of this signage will not be Detrimental or
injurious to the public or property based on :
a) The sign frame has been in existance since 1973 .
b) The variance is l ' foot in heights based on 1400 . 07
sub. 9.
2 ) The hardships resulting from denial are:
a) Cost to remove existing sign frame and replace in
different location.
b) Possible damage to the building by removing sign that
is built into the building.
c) Visability is limited due to the location and on a street
that to many people, does not exist . Also, surrounded by
parking lots .
3 ) This is a unique situation: -
a) The sign currently exists and has existed since 1973 .
b) The location of the building on a. street that is not a
through street and accessable mostly through parking lots .
c) The size of the heichts*of signs surrounding the property.
THE RESULTS PEOPLE.'
Each office independently owned and operated
REALTY WORLD
REALTY WORLD ®-Cadwallader
3800 Apache Lane,St.Anthony,MN 55421
Telephone:(612)781-7484
September 12 , 1993
City of St . Anthony
Larry Hamer
3301 Silver Lake Road
St . Anthony, Minnesota 55418
Dear Larry Hamer ,
I am writing to request approval to install new faces on the
existing sign located on my building at 3800 Apache lane.
I would not be installing a new sign, only changing the
plastic face plates on the sign. It would be illuminated from
the inside. When the new sign faces are installed I would
remove the temporary sign I am currently using .
I am enclosing a sketch of 'the current sign with dimensions .
Please let men know what you would need to allow this to move
forward .
Sincerely,
Jake adwallader
THE RESULTS PEOPLE:.
Each ofte lndependeno owned and operated
CITY OF SAINT ANTHONY
• NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,
October 19, 1993 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers
of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Jake Cadwallader, Owner
Property Address: 3800 Apache Lane; Realty World - Cadwallader
Proposal: Petition for sign variance to allow a 64 square foot roof
sign that projects six feet above the top roof line and
nine feet above the first roof-line.
Anyone.wishing to be heard with reference to the above matter will be heard at said time
and place. Questions regarding this matter may be referred to the City Manager, 789-8881.
Auxiliary aids are available upon request at least 96 hours in advance. Please call the City
Clerk at 789-8881 to make arrangements.
Thomas D. Burt
City Manager
Publish: Bulletin, October 6, 1993
60
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STAFF REPORT
DATE: October 12, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: MISCELLANEOUS
A. Council Referred Item -- Application for Garage Setback Permit, Scott D. Barton, 3515
Harding Street Northeast.
The Council referred the proposal to the Planning Commission, due to the applicant's
request for a modified proposal. The modified proposal would have a five foot setback
at the front of the garage and a four foot eight inch setback at the rear of the garage.
The modified proposal would allow the applicant to square the garage to the house to
better facilitate the construction of the breezeway between the two structures.
B. Council Referred Item -- Discussion of proposed Ordinance 1992-012.
• The Planning Commission noted ordinance language that unduly prohibited potentially
beneficial drainage systems. The ordinance could be amended to prohibit the drainage
systems from being within five feet of any property line. The current interpretation
would prohibit the drainage systems from going into any required yard (setback), which
causes homes that are at the setback line to only have five feet of extension area.
C. Council Referred Item -- Planning Commission Appointment Limits.
This item was presented by a Planning Commissioner to the City Manager. The
Manager put this item for discussion on the October 5th Council Work Session agenda.
The City Council saw some merit to the idea, but wanted input from the Planning
Commission.
RE: Amended Garage Setback Permit Request -3515 Harding Street NE(Scott D. Barton)
Planning Commission Mtg. - Oct. 19, 1993
KEY POINTS FROM CITY COUNCIL MEETING
1. Council noted that a primary reason for adoption of the Garage Setback Permit as an alternative
to the Request For Variance was to give residents a vehicle which did not contain the almost
impossible to overcome 'proof of hardship' requirement inherent the variance process. The
Planning Commission's application of a variance-like proof of hardship requirement to my garage
setback permit request seems to go against the intent of the Garage Setback Permit Request.
Additionally,no proof of hardship requirement is requested.to be addressed on the Permit
Application itself. Therefor, I am inclined to believe the Planning Commission's emphasis on
proof of hardship was misplaced.
2. Council noted that if I chose to leave the garage unattached, I could,without a public hearing,
move the garage 3 feet from the adjoining property line. This leads me to believe the Planning
Commission's concern over impact on the adjoining property owner was overdone. It also tends to
call into question the Commission's expressed concern about fire safety.
3. In an effort to compromise on my original proposal,I would like the Planning Commission and
City Council to consider the following alternative proposals:
• PROPOSAL A:
Allow a 12 inch and 17 inch variance from ordinance by permitting the front of the
attached garage to be 4 feet from the adjoining property line. (Since the garage,if attached,cannot
be placed square with the property line,a 12 inch variance for the front would necessitate a 17 inch
variance for the back).
PROPOSAL B:
Allow no variance in the front while permitting a five inch variance in the back-
recognizing the property owner's need to keep the garage square with the house.
PROPOSAL C:
Allow no side-yard variance(front or back),but permit the unattached garage to be placed
within five feet from the back of the house.
Please keep in mind that if nothing is approved,the Planning Commission and City Council
would in effect be requiring the subject property owner to place the front of his attached garage five
inches further from the adjoining property line than any other St. Anthony resident. It should also
be noted that the slightly out of square placement of the house was the result of subsequent
subdivision and was a pre-existing condition to all the other houses in the area which were built
about 40 years later.
• Thank you, Scott D. Barton
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 7
4
5
6 Councilmember Wagner noted he had initially intended to
7 support continuing the use of the services of Maier Stewart &
8 Associates. After listening to the residents ' complaints he
9 now feels that the firm should not be considered for 1994 but
10 perhaps should be considered after that .
11
12 Councilmember Enrooth felt a one year "hiatus" is a good idea
13 for Maier Stewart & Associates .
14
15
16 Motion carried unanimously
17
18 RECESS: 8 : 56 p.m.
1.9
20 RECONVENE: 9 : 02 p.m.
21
22
23 7 . REPORTS
24
25 A. Planning Commissi-on - September 21 , 1993
Commissioner Thompson was in attendance representing the
28 Planning Commission.
29
30 1 . Subdivision/Plat Approval - Jerome Holewa , 3483 Silver
31 Lane
32
33 Commissioner Thompson advised this subdivision approval
34 request received considerable opposition from neighbors in the
35 area. A petition was presented opposing approval of the
36 request . The Planning Commission recommended denial of the
37 request .
38
39 Commissioner Thompson felt the request had been withdrawn
40 since it was not on the agenda for tonight' s Council meeting.
41
42 2 . Garage Se Harding Street
Permit - Scott Barton, 3515 Hardin Street
43
44 Commissioner Thompson noted that this request was' recommended
45 for denial by the Planning Commission. The Planning Commission
46 felt the request did not meet the original intent of the City
47 for creating the garage setback permit ordinance. Also,
48 several people spoke against the request and the- proposed
49 sideyard setback caused concerns for fire safety.
S.Q.
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 28 , 1993
3 PAGE 8
4
5
6 Other items of business mentioned by Commissioner Thompson
7 included a concept review of the service station at 2700
8 Kenzie Terrace; appointment of Commissioner Gondorchin to the
9 position of Vice Chair for the remainder of 1993 ; designation
10 of Commissioner Bergstrom as the Planning Commission' s
11 representative to the Environmental Quality/Recycling
12 Committee; and, designating Commissioner Madden to the
13 Economic/Redevelopment Task Force.
14
15 Referring to the setback permit request , Councilmember Marks
16 inquired if this would need proof of a hardship. The City
17 Manager responded that the permit process does not need proof
18 of a hardship.
19
20 Mr. Barton submitted a revised map of this property which
21 showed some new plans he has for the garage and the breezeway.
22 His request would now be for five inches rather than three
2.3 feet .
24
25 Councilmember Enrooth observed that since there was amendments
26 made to the request it should be returned to the Planning
27 Commission for reviewal . The City Manager also felt this would •
28 be appropriate to be fair to the neighbors as they had
29 understood it was over at the Planning Commission public
30 hearing.
31
32 Mr. Barton felt much of the discussion at the public hearing
33 by his neighbors was irrelevant to his request . He sent a
34 letter to all members of the Council stating this opinion. He
35 also felt many of the comments made at the public hearing
36 negatively impacted on the Commission members who ultimately
37 recommended denial of his request .
38
39 Mr. Barton was of the opinion that there . had been recruitment
40 of opposition by some of his neighbors . He stated his primary
41 reason for wanting to move his garage is that it takes a
42 tremendous amount of space in his back yard.
43
44 Don Dick, 3519 Harding Street , refuted Mr. Barton' s statement
45 regarding. not receiving a fair hearing. He noted that the
.46 house was damaged when it was purchased by Mr. Barton and Mr.
47 Dick could see no improvement in the property at this point in
48 time. He also feels Mr. Barton' s -plans appear to be rather
49 indefinite as to the future of the property.
50
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 9
4
5
6 The City Manager advised that the garage could be moved
7 without a permit. and would be located within three feet of Mr.
8 Dick' s property. He felt this issue should be referred back to
9 the Planning Commission which would be in a position to review
10 state statute and local code requirements . He also noted that
11 if the garage is moved a permanent driveway would be required.
12
13 The City Attorney concurred that the matter should be
14 revisited by the Planning Commission in that the plan has been
15 altered.
16
17 A neighbor of Mr. Barton' s stated she felt he had been
18 discriminated against and had not received a fair public
19 hearing. She was of the opinion that most neighbors hated the
20 house and were not willing to support Mr. Barton in his plans
21 to improve the property.
22
23
24 Motion by Marks, second by Wagner to . refer this request back
25 to the Planning Commission .
Motion carried unanimously
29 B. Council Reports
30
31 1 . Report of Councilmember Marks
32
33 Councilmember Marks had nothing to report at this time.
34
35 2 . Report of Councilmember Wagner
36
37 Councilmember Wagner noted that Hennepin County is holding a
38 household hazardous waste collection at the Armory on Broadway
39 Street Tuesday through Saturday.
40
41 3. Report of Councilmember Fleming
42
43 Councilmember Fleming had nothing to report at this time.
44
45 4 . Councilmember Enroo.th
46
47 Councilmember Enrooth reported that there was much less
48 material brought to the Recycling Center for the recent City
49 clean-up. He felt some of this may be due to having less
50 brush. The revenue from the clean-up was also down.
To: St. Anthony City Council Members
Re: Planning Committee Public Hearing for Garage Side-Yard Setback Permit-3515 Harding
The St. Anthony Planning Committee voted unanimously to deny the garage setback permit
request at a public hearing on September 21. ,
Prior to ruling on the permit request,the subject property owner would like the City Council to
consider the following items which were not brought up during the Planning Committee hearing:
1. The Committee failed to consider the highest and best use of the property,focusing instead on
whether the setback variance was absolutely necessary. In any variance case, it can always be
successfully argued that the variance is not an absolute necessity. The Committee failed to
examine the highest and best use of the lot in question and ignored the fact that granting the setback
variance would impose absolutely no hardship on the adjoining land owner(due to the
pre-existence of a six foot privacy fence on the adjoining property line). See also#5 below.
2. Driving less than one block south on Harding Street from 3515 Harding,the following
observations can be made:
3511 Harding: Driveway appears to be 6 inches from the adjoining property line.
•
.3507 Harding: Garage appears to be 3 feet(not 5 feet)from the adjoining property line.
3432 Harding: Garage appears to be 3 feet(not 5 feet)from the adjoining property line.
3421 Harding: Garage appears to be on the adjoining property line.
None of this was considered by the Planning Committee. In each of these examples,just
one-half block south of the subject property,garages could have been placed elsewhere on their
respective lots. One must assume that variances were granted in order to facilitate a more practical
use of available land.
Another striking-feature about the above properties is the impact of the variance on neighboring
properties. It is significantly higher than the impact of a garage setback.variance on the subject
property.
3. The adjoining property owner to the south of the subject property has an overhang which is just
two feet from the subject property's line. This is apparently in violation of local ordinance but was
ignored by the Planning Committee.
•
4. At the meeting,the adjoining property owner presented some letters which supposedly objected
to the permit request. The subject property owner was not given copies of these letters or allowed
to know their contents. The objections voiced verbally during the meeting by'the adjoining
landowner had to do solely with not wanting the subject property owner to move his garage
forward.'[here seemed to be no objections which addressed the supposed concerns of the City
Council as outlined in the permit request form.
The Planning Committee never once explained to the adjoining land owner that this was not a
public hearing to discuss whether the garage should be moved,it was only for the purpose of
discussing whether or not to recommend a side-yard setback permit. As a result,the entire meeting
focused on everything about the subject property except the impact of a garage sideyard variance.
�
5. The Planning Committee failed to offer any compromise with respect to the permit request,even
when a certain degree of hardship was demonstrated on the part-of the subject property owner.
Specifically,the fact that the house on the subject property is not completely square with the
property line means that the garage,when moved,would have to be at a 4 and 3/4 inch variance to
the property line in order to be square with the house. This was ignored by the Planning
Committee. The subject property owner would like the City Council to at least consider allowing
the garage to be placed somewhere between 3 and 5 feet from the adjoining property line,or at least
allowing the back of the garage a 5 inch variance(where the front would be 5 feet from the line and
the back would be 4 feet 7 inches from the line-allowing the garage to be set square with the house •
without forcing the subject property owner to place the front of the garage further from the line
than required by ordinance simply to set it square with the house).
C,6,'to summarize,the Planning Committee simply did not do its job. Its job was to hold a public
ring on the impact of a side yard setback permit request. Instead,testimony was entertained for
an hour on the following items of general interest:
the need to have the garage doors repainted,
the existence of weeds growing along the back of the garage,
whether it was feasible to have the garage moved,
whether the garage would withstand being moved because it was 'too old' to be moved,
whether the subject property owner should elect to have asphalt installed rather than concrete,
whether the subject property owner uses the garage to store things or as a workshop,
how often the owner actually parks his vehicle in the garage,
who used to be the owner of the subject property,
how damage from the Apache tornado of 1984 was repaired,
who the owner had shared his house with in the past,
why the owner's lot was 90 feet wide instead of 85 like everyone else's,
how wide the driveway was actually going to be- 16 or 18 feet,
whether the garage was stucco or wood,among other things.
• All of the above went on for about an hour without so much as a reference by a committee
member about what any of this had to do with a setback permit request. It served to create a
completely negative tone to the meeting and predisposed committee members to vote against the
permit.
I,Scott D. Barton,attended the public hearing prepared to intelligently discuss the pros and
cons of a garage setback permit request. The Planning Committee failed to really get to any such
discussion. I feel that I was publicly humiliated due to the committee's failure to limit discussion
to the subject at hand. I also believe I did not get a fair public hearing.
After reviewing the above facts concerning the Planning Committee public hearing,if it is the
City Council's decision to follow the Planning Committee's recommendation,please provide me
with the documentation relating to the variances approved for the above-referenced.properties
(3511 Harding, 3507 Harding,3432 Harding,and 3421 Harding).
•
DATE: / FEE: $60.00
CITY OF ST. ANTHONY
APPLICATION FOR
GARAGE SETBACK PERMIT
APPLICANT: CS
PHONE: -7 $ F - 29 0
ADDRESS: 3��! S� (r},2-{Z D ..1 G S-1 . td
�'�' ��•(ri Ld-o►mil� � �1.J Sr� `� I �
Location of property where application is made:
Zoning district in which property is located: I
Using additional sheet(s) of paver, please briefly address the following items:
In granting or denying the setback permit, the Council will consider the following:
(1) proximity of the garage to any structures.on the adjoining property,
(2) the extent of vegetation or other screening on the subject property and the
adjoining property,-
(3) the effect of the structure on the light and visibility available to the
adjoining property,
(4) matters of fire safety,
(5) the existing garages on the adjoining property,
(6) the ability to locate garages.elsewhere on the subject property,and
.(7) any other matters which maybe relevant to the degree of encroachment
into the setback which is being requested by the applicant.
PLEASE INCLUDE A DETAILED SITE PLAN. A SURVEY WILL BE REQUIRED IF THE PROPERTY
LINE CANNOT BE VERIFIED.
SIGNATURE OF APPLICANT:
*60oOOCK
CITY OF ST. ANTHONY
• APPLICATION FOR
GARAGE SETBACK PERMIT
Scott D. Barton
3515 Harding Street NE
Property owner requests a garage setback permit in order to move garage to desired location (3
feet from adjoining property line vs. 5 feet) in connection with the construction of a new concrete
driveway(replacing existing gravel driveway which is not in compliance with city ordinance).
Owner wishes to attach the garage to the existing house and wishes to make the addition practical.
ITEMS ADDRESSED:
1. Proximity of garage to any structures on the adjoining property:
The closest structure on the adjoining property is the neighbor's 6 foot privacy fence(see
proposed site drawing).
2. Extent of vegetation or other screening on the subject property and adjoining property:
No vegetation other than grass,would be affected or materially screened on the subject
• property or the adjoining property since the adjoining property owner already has a 6 foot
privacy fence on the property line where the setback permit is requested.
3. Effect of the structure on the light and visibility available to the adjoining site:
Again,due to the pre-existing 6 foot privacy fence,the effect of the structure on the light
and visibility available to the adjoining site would be minimal.
4. Matters of fire safety:
No impact foreseeable.
5. Existing garages on the adjoining property: .
The garage on the adjoining property is approximately 5' 8"from the property line,
connected to the property line by a 6 foot privacy fence. Since the garage on the subject
property will not be placed along side the garage on the adjoining property,the setback
permit would not appear to have a material impact on the appearance of.the adjoining
structure(the garage on the subject property will be placed approximately 30 feet further
from the street than the garage on the adjoining property.
6. The ability to locate garages elsewhere on the subject property:
No practical alternatives appear to exist given the layout of the subject property's lot. An
existing gravel driveway on the subject property more or less dictates the location of the
new driveway. The garage is to be moved to lessen the length of the new driveway(78 feet
vs. 120 feet),lower the amount of wasted space,and make a breezeway addition possible.
7. Other relevant matters:
The setback permit is requested primarily to make a breezeway addition practical(9 feet
vs. 7 feet in length), in connection with the construction of a new concrete driveway. The
garage on the subject property has to be moved in order to make a concrete driveway
affordable. Moreover,its current location is not square with the property line and wastes a
significant amount of back yard space. Aside from the cost and wasted space,installation
of a driveway without moving the garage would result in a 120+foot driveway which
would not fit in with the neighboring properties(the driveway on the adjoining property is
approximately 48 feet in length).
•
•
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3524 Harding Street, N. E.
St . Anthony, MN 55418
September 20, 1993
To Whom It May Concern:
We wish to have you hear our - opinion on the variance requested
for 3515 Harding . However, we will be out of town on the night
of the meeting. We request you read this letter as part of the
neighbors ' input . -We are supplying Mr. Dick with a copy, also.
City code laws are made to provide for the good of the greatest
number of residents of St. Anthony. Giving a variance to a code
should be done only when necessary to prevent closing of a business
or to prevent severe hardship on a citizen. Neither of these is
true in this request..
There is no hardship on the person requesting this variance if it
is denied and the 5 foot code is enforced.
But there certainly is a hardship to the Dick family if the vari-
ance is allowed and the garage is moved to 3 feet from the Dick
property. Dicks are long-time residents of this block and have
done an outstanding job maintaining their property to help make
the 3500 block attractive.
The newcomer requesting the variance has done little .. to improve
the appearance of his property and the driveway has been an eye-
sore for the neighbors. In addition, the garage has not been
maintained and is probably not in a condition to be moved.
Certainly long-time residents , as the Dicks are, deserve consider-
ation over a new resident wanting a variance that will be a dis-
tinct detraction to the well-maintained Dick property.
Sincerely,
September 20, 1993
•
St. Anthony Planning Commission:
SUBJECT
Applicant: Scott D. Barton
Property Address: 3515 Harding Street Northeast
Proposal: Application for Garage Setback .Permit
Objections to garage setback permit:
1. The garage would be too close to a wooden fence. This fence is connected
to a garage (3519 Harding) and this closeness could potentially be a fire hazard.
2. Three feet would not leave room for proper snow dispersal. Since the
upstairs of 3515 Harding is rented out, this adds an additional one or two cars to
• the cars from the lower residence.
3. The length of the proposed breezeway is not a case of hardship, and two feet
can be absorbed into the new breezeway and existing structure.
4. If the garage were only three feet from the property line, it would present an
aesthetically undesirable view. This would present a hardship on.the present
owner and any prospective buyer should the owner want to sell the house.
5. The five feet minimum is standard through out the suburban metro area and
should be adhered to.
IV �.
Bob Manske
3516 Harding Street N.E.
St. Anthony, Mn 55418
September 21, 1993
To the Planning Commission, City of St. Anthony
Re: Proposed variance requested by owner of 3515 Harding Street
It is my understanding that a variance has been requested to allow the owner of the above
property to move his existing garage closer to the street and into a position that would
require an approval of a variance to the requirement for minimum setback from the side lot
line.
While I am unable to attend the meeting due to another civic commitment, I will take this
opportunity to speak against the approval of the variance.
I have several concerns:
The existing garage has a sway back and shows other signs of lack of maintenance.
The owner does not have a good history of maintainance of the duplex.
Design of the proposed breezeway between garage and house is unknown.
I would hope that the owner would build an acceptable driveway and garage within the
allowable limits of his property.
Thank you for your consideration of my request.
Sincerely,
Bob Manske
•
CITY OF ST. ANTHONY
ORDINANCE 1993-012
AN ORDINANCE RELATING TO EAVES, GUTTERS AND
DOWNSPOUTS IN SETBACKS; AMENDING
SECTION 1650.03 (h) OF THE 1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1650.03 (h) is amended to read as follows:
(h) Eaves, gutters and downspouts which project no more than five feet into any required
yard, which are at least 30 N inches from any property line, and which do not drain
onto neighboring property.
Section 2. This ordinance shall be in effect as of the date of its publication.
First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
Published in the St. Anthony Bulletin on the day of
1993.
C•
MEMORANDUM
DATE: September 29, 1993
FROM: Thomas D. Burt, City Manager
TO: Mayor and Councilmembers
SUBJECT: TERMS FOR PLANNING COMMISSIONERS
At the request of one of the Planning Commissoners, I have placed a discussion
of term limitations for Planning Commissioner members. It was suggested that
their appointments be for two 3 year terms. A Planning Commissioner would
then serve six years.
STAFF REPORT
DATE: October 12, 1993
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: STAFF REPORT
The current roster is included in this packet. There will be another update, as the Council will
attempt to select one of three previously interviewed candidates to fill the vacant position.
I have accepted the City Administrator position for the City of Blue Earth. I want to thank the
Commission, as I enjoyed the work we have done together. In addition, the experience I have
gained in planning and zoning issues at St. Anthony will be extremely helpful in Blue Earth,
as I will be responsible for that as well. Thank you again, I have learned a lot from all of you!
1993 PLANNING COMMISSION
•
Jerome Faust, Chair (1/90) (12/95)
4033 Silver Lake Terrace, 55421
789-7684 (H)
James Gondorchin, Vice-chair (1/91) (12/93)
3415 Maplewood, 55418
788-0172 (H), 681-5815 (V)
Rosemary Franzese (1/83) (12/94)
3308 - 36th Avenue Northeast, 55418
789-0113 (H)
John Madden (1/85) (12/93)
3701 Foss Road, 55421
781-7313 (H), 292-4424 (W)
George Thompson (4/92) (12/95)
3015 - 39th Avenue Northeast, 55421
789-1501 (H)
Douglas Bergstrom (7/93) (12/94)
3620 Edward Street Northeast
St. Anthony, MN 55418
789-1498 (H), 635-9100 (W)
Vacanct Position (xc/xx) (12/94)
(As of 9/24/93)
CITY OF ST. ANTHONY
3 REGULAR COUNCIL MEETING
4
5 SEPTEMBER 14 , 1993
6
7 1 . CALL TO ORDER
8
9 The meeting was called to order at 7: 00 p.m. and the Pledge of
10 Allegiance was led by Mayor Ranallo.
11
12 2 . ROLL CALL
13
14 Council Present : Mayor Ranallo and Councilmembers Marks,
15 Fleming and Wagner.
16
17 Council Absent : Councilmember Enrooth
18
19 Staff Present : City Manager Burt and Management Assistant
20 Urbia
21
22 3. APPROVAL OF SEPTEMBER 14 , 1993 COUNCIL MEETING AGENDA
23
24 Motion by Marks, second by Wagner to approve the agenda for
25 the September 14, 1993 Council Meeting with the following two
additions to --- the City Manager Report ; Kenzington
Representative request and Road Reconstruction Project
28 discussion.
29
30 Motion carried unanimously
31
32
33' 4 . APPROVAL OF MINUTES OF THE AUGUST 24 , 1993 COUNCIL_ MEETING
34
35 Motion by Marks, second by Wagner to approve the minutes of
36 the August 24, 1993 Council Meeting as presented and there
37 were no corrections.
38
39 Motion carried unanimously
40
41 5.- LICENSES/PERMITS/PETITIONS
42
43 Motion by Marks, second by Fleming to approve the following
4.4 _' license applications:
45
46 Contractors ' Licenses
47
48 Wright Roofing, Inc. , Plymouth, Mn.
49 ` '- Don's Weather-Out Company, Richfield, Mn.
50 Pump & Meter Service:,.... Inc. , Hopkins, Mn.
77;-Cill
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 14 , 1993
3 PAGE 2
4
5
6 Heating Licenses
7
8 Custom Mechanical , Inc. , Fridley, Mn.
9 Blaine Heating & A/C, Anoka, Mn.
10 Custom Mechanical , Inc. , Fridley, Mn.
11
12 Motion carried unanimously
13
14 6. PRESENTATIONS OF CLAIMS
15
16 A. St . Anthony Fire Relief Association
17
18 Motion by Marks, second by Wagner to approve payment in the
19 amount of $18, 371 .00 to the St . Anthony Fire Relief
20 Association.
21
22 Motion carried unanimously
23
24 B. W.B. Miller
25
26 Motion by Marks, second by Wagner to- approve payment in the
27 amount of $123, 523.00 to W.B. Miller, Inc. for 1993 street and
28 utility improvements . This is partial payment for the work
29 completed from August 15th to August 27th.
30
31 The project includes work on Rankin Road, Croft Drive, 31st
32 Avenue, Coolidge Street/27th Avenue and storm sewer, sanitary
33 sewer and watermain improvements .
34
35 Councilmember Fleming felt it would be appropriate to hear
36 resident : concerns at this point in the meeting regarding the
37 aforementioned projects.
. 38
39 The City Manager advised there have been some problems with
40 , grade elevations and timing of the project . . He has met with
41 many. of the property owners regarding their concerns and has
42 been reassured that the contractor will correct any•problems.
43
44 Inspectors from Maier Stewart engineering firm have b:een .on
45 site every day - in which work has been Aone. The weather has
46 delayed some of the work.
47
48 Charles Mander, 3012 Croft Drive, explained that -one side of
49 his street is about one-foot lower than the other side. He, was
50 advised by the contractor the street would be raised one foot . -
• REGULAR COUNCIL MEETING
2 SEPTEMBER 14 , 1993
3 PAGE 3
4
5
6 It has been raised only about two inches resulting in his
7 driveway having a drop-off into the street . Mr. Mander felt he
8 has been misled by the contractor .
9
10 Virgil Hawkins, representing Maier Stewart Engineering, stated
11 that the original intention was to restore Croft Drive to its
12 original grades but he noted that this street had a steep
13 grade originally. The. street now is designed for proper
14 " drainage.
15
16 Mayor Ranallo recalled that a Maier Stewart representative had
17 stated at the public hearing the driveways in this project
18 area would remain the same after the project is completed as
19 _they were originally. He requested Mr. Mander' s driveway be
20 returned to its original grade.
21
22 Mr. Hawkins advised that the grade of Mr. Mander' s driveway
23 was steep and it would be impossible to replace all of the
24 driveways back to the way they were.
25
40 Bob Stroncek, 3416 31st Avenue, felt there has been a lack of
communication between the property owners and the construction
28 company. The Mayor felt there has also been a lack of
29 "listening. "
30
31 The City Manager suggested that each property owner be
32 contacted regarding his/her concerns of the project . He also
33 recommended *that each driveway be reshot . It was noted that
34 some people may have not spoken up during the construction
35 regarding any concerns they may have.
36
37 Earl Shamp, 3509 . 31st Avenue, agreed there was poor _
38 K communication but felt his personal experience with the
39 contractor was positive. He noted that some property has
40 .. .. considerable mistakes made on them. Mr. Shamp felt the
41 property owners should have been apprised if there were going
42 to be any changes on their property.
43
44 Joe Sevick, 3505 31st Avenue, also recalled that at,. the public
45 hearing it* was stated by the engineer there would be no
46 changes. He felt for future projects the plans should be
47 explained more precisely. He has a sharp drop-off on his front
48 yard which resulted from this project and this needs
49 resolving.
50
•
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 14 , 1993
3 PAGE 4
4
5
6 Walt Ludwig, 3412 31st Avenue, felt the backfill work was not
7 done very well . -He anticipates there will be sinkage where the
8 stop boxes were dug up.
9
10 Mr. Hawkins advised that the contractor is under warranty to
11 make corrections. He also agreed that all driveways and
12 gutters should be reshot .
13
14 Some discussion was held regarding a previous street project
15 on 37th Avenue and some of the problems encountered there.
16
17 Motion carried unanimously
18
19 C. F.M. Frattalone
20
21 Motion by Marks, second by Fleming to approve payment in the
22 amount of $14, 987. 52 to F.M. Frattalone, Inc. for the Lowry
23 Grove watermain improvements.
24
25 The City is compensated by the federal government for the
26 costs associated with . this project . These funds have. been •
27 received.
28
29 Motion carried unanimously
30
31
32 D. Maier Stewart & Associates
33
34 Motion by Marks, second by Wagner to pay the following amounts
35 to Maier Stewart and Associates:
36
37 1 . $4, 533 . 01 for engineering services rendered from June 27th
38 through July 31 , 1993 for concrete. rehab on the 37th Avenue
39 project .
40
41 2. $343 . 76 for engineering services rendered from June 27th
42 through July 31 , 1993 for plans and specifications - for the
43 37th Avenue project .
4.4
45 3. $721 . 03 for engineering services rendered June 27th through
46 Judy 31 , 1993 for construction administration for - the 37th
47 Avenue concrete rehab.
48
49 Motion carried unanimously
50
REGULAR COUNCIL MEETING
2 SEPTEMBER 14 , 1993
3 PAGE 5
4
5
6 Motion by Marks, second by Ranallo to approve payment to the
7 following firms/businesses:
8
9 E. Bruce A. Leisch Associates, Inc.
10
it Payment in the amount of $457 . 20 for the manganese study
12 conducted by this firm.
13
14 F. Hennepin County Treasurer
15
16 Payment in the amount of $2 , 729. 23 for the county share of the
17 37th Avenue improvement project .
18
19 G. American Bank
20
21 Payment in the amount of $250 . 00 for costs associated with the
22 general obligation improvement bond.
23
24 H. Norwest Bank Minnesota
25
Payment in the amount of $33,286. 25 for general obligation
sewer bond.
28
29 I . Dorsey & Whitney Law Firm
30
31 Payment in the amount of $1 , 211 . 45 for legal services rendered
32 through July 31 , 1993 regarding general city matters.
33
34 J. Hance & LeVahn Law Firm
35
36 Payment in the amount of $2 , 400 . 00 for legal services rendered
37 relative to St . Anthony prosecutions for the month of
38 September, 1993 .
39
40 K. - Verified Claims
41
42 For the six pages of verified claims as submitted by the
43 City's Finance Director.
44
45 Motion carried unanimously
46
47 7. REPORTS
48
49 A. City Council reports
50
•
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 14, 1993
3 PAGE 6
4
5
6 1 . Report of Councilmember Wagner
7
8 Councilmember Wagner requested the Council proclaim Friday,
9 September 24th as "Kiwanis Peanut Day" in the City of St .
10 Anthony. He is making the request on behalf of the Kiwanis
11 Club.
12
13 Motion by Ranallo, second by Marks to proclaim Friday,
14 September 24, 1993 as "Kiwanis Peanut Day" in St. Anthony.
15
16 Motion carried unanimously
17
18
19 Councilmember Wagner advised he filed for re-election for a
20 four year term on the City Council .
21
22 Councilmember Wagner attended the recent Walker Board of
23 Directors meeting. He expressed his pleasure with the
24 operation and the residents . It was noted at the meeting that
25 there is interest in building another facility which will not
26 be a HUD- building. - •
27
28
29 2. Report of Councilmember Fleming
30
31 On , September 9th, Councilmember Fleming attended the
32 School/Community Center//City Hall Task Force meeting. Three
33 alternatives for future space needs were discussed.
34
35 The Task Force is holding a public hearing on September 21st
36 at 7: 00 p.m. to discuss the alternatives. The School Board is
37 expected to make a final decision.
38-
39 Councilmember Fleming will be - attending a Human Rights
40 Commission Meeting being held in Shoreview and sponsored by
41 the League of Minnesota Cities. She will report on this
42 meeting at the next , Council Meeting.
43
44
45 3 . Report of Councilmember Marks
46
47 Councilmember Marks advised that a resident who is visiting
48 Salo, Finland will be delivering a letter from the St : Anthony
49 City Council to the Salo City Council . He .will report on any
50 information he receives back from this resident .
•
REGULAR COUNCIL MEETING
SEPTEMBER 14 , 1993
3 PAGE 7
4
5
6
7 4 . Report of Mayor Ranallo
8
9 Mayor Ranallo reminded there was a Clean-Up Day scheduled for
10 Saturday, September 18th. This is for resident participation
11 only.
12
13
14 B. Report of the City Manager
15
16 1 . Kenzington Representative
17
18 Bill Plice, representing residents of the Kenzington, was
19 attending the meeting to make a request for Council
20 consideration.
21
22 There is a triangular piece of property adjacent to the
23 Kenzington. Mr. Plice noted that this parcel is to be sold by
24 RTC by sealed bid. Residents of the Kenzington would be
25 interested in purchasing this parcel . While they do not have
0 the funds for the total purchase price they are willing to
participate in a modest fashion.
28
29 They feel there is a desperate need for parking at the
30 Kenzington and this parcel would be the solution for parking
31 problems which have been experienced since the building was
32 first constructed.
33
34 Kenzington residents also feel there would be ample space left
35 to accommodate a green area.
36
37 °' The request is for the City to purchase and develop the green
38 ° space. Another concern is regarding what type of business
39 would be allowed by the present zoning.
40
41 - Mayor Rana 110 responded that when McDonald' s was looking at
42 this parcel it was appraised at $145,000. He also noted this
43' parcel is not zoned for this type of establishment .
44 _
45 The City Manager advised that RTC has stated it will accept a
46 minimum bid of $116,000 for this parcel . He recalled there has
47 been interest in this parcel by a medical group for office
48 space. Parking could be shared if this group purchased the
49 property. It is located in a Tax Increment District .
50
•
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 14 , 1993
3 PAGE 8
4
5
6 2 . Police Department Annual Report
7
8 Chief Engstrom invited members of the City Council to the
9 Police Department ' s Open House from 6: 30 to 10:00 on
10 Wednesday, September 15th.
it
12 Members of the Council received copies of the 1992 Police
13 Department Annual Report. The Chief pointed out that Part I
14 crimes are now experiencing an upward trend but Part II crimes
15 are declining. There has been a 46% clearance rate for Part I
16 and Part II crimes which is higher than the metropolitan area.
17
18 A dramatic increase in some types of crimes is expected for
19 1994 and already being experienced in 1993. The Chief felt
20 this was due in some degree to changing demographics. Also, he
21 noted that driving and traffic citations have risen
22 significantly but accidents have been reduced.
23
24 In response to , a question regarding the closing of the Fun
25 Center, the Chief responded that the localization of problems
26 which were..associated with those who used the Fun Center are •
27 now more spread out .
28
29 Councilmember Fleming is of- the opinion that the Police
30 Department is doing a superb job regarding DWI ' s but the
31 courts are- not .
32
33 Some discussion was held about how long a squad car remains in
34 the Department fleet and- the uses it has after it is taken out
35 of the fleet .
36
37 Mayor Ranallo inquired if the Police Chief is thinking about
38 applying for- any of the police fu_ nding being made available by
39 the Clinton administration. The Chief responded he is
40 currently reviewing the policy but noted he does not have a
41 real need for some .of the unique -items which may qualify for
42 funding.
43
44 The Chief advised there is a DARE informational packet
45 available for any of the Councilmembers interested in seeing
46 R., it .
47
48
49 8. PUBLIC HEARINGS
50
• REGULAR COUNCIL MEETING
2 SEPTEMBER 14 , 1993
3 PAGE 9
4
5
6 A. Resolution No 93-046 Vacatina a Part of First Addition
7 to St . Anthony
8
9 The Public Hearing was opened at 8 : 50 p.m.
10
11 The City Manager advised this resolution will transfer a
12 parcel on 27th Avenue to Roger Bona.
13
14 Motion -by Wagner, second by Marks to close the Public Hearing
15 at 8 : 52 p.m.
16
17 Motion carried unanimously
18
19 Motion by Wagner, second by Fleming to adopt Resolution No.
20 93-046 being a resolution vacating a portion of First Addition
21 to the Village of St . Anthony.
22
23 Motion carried unanimously
24
25 9. NEW BUSINESS
toA. Resolution No. 93-048; Re: Receivina Feasibility Study
28 and Orderina Plans
29
30 This resolution is regarding 1994 proposed street
31 improvements. Virgil Hawkins of Maier Stewart & Associates
32 advised he is in attendance to answer questions . His firm
33 _ , prepared the plans .
34
35 The City Manager reviewed the projects as proposed by the
36 Pavement Management Study. He felt the timelines for these
37 projects were more beneficial for the City than those for the
38 1993 street improvements.
39
40 The informational meetings and public hearing would be held in
41 November; bids would go out in December; bids would be
42 received in January and would be - awarded in February.
43 Construction would begin in May with an August completion..
44
45 Councilmember Fleming stated her preference for not adopting
46 the resolution until the next Council Meeting.. Her reason
47 being she would like to concentrate on solving the problems
48 which have been experienced with the 1993 street improvements
49 and were discussed by various property owners at this Council
50 Meeting. The Mayor stated he too would like to wait .
I REGULAR COUNCIL MEETING
2 SEPTEMBER 14 , 1993
3 PAGE 10
4
5
6 The City Manager observed any delay may put the process -behind
7 and ultimately cost more. He noted that it will take more than
8 two weeks to remedy the driveway problems and to speak to each
9 property owner in the project area.
10
11 Motion carried unanimously
12
13 B. Resolution No 93-050 ; Re: Economic/Redevelopment Task
14 Force
15
16 Motion by Fleming, second by Marks to adopt Resolution No. 93-
17 050 being a resolution creating an Economic/Redevelopment Task
18 Force and add to the Task Force the following persons ; Ed
19 Hance, the Chamber of Commerce appointee, Don DeWall , church
20 appointee from Elmwood Lutheran'. Church and a Planning
21 Commission appointee.
22
23 Motion carried unanimously
24
25
26 C. Resolution No. 93-051 ; Re: Proposed 1994 Tax Levy and
27 Budget
28
29 Mayor Ranallo noted that a levy can be 'decreased from the
30 stated levy in this resolution, but not increased. There will
31 be a detailed budget review at the October 5th Council work
32 session.
33
34 Motion by Marks, second by Wagner to adopt Resolution No. 93-
35 051 being a resolution setting the City of St . Anthony
36 proposed 1994 tax levy and budget in compliance with the Truth
37 in Taxation Act .
38 _.
39 Motion carried unanimously
40
41
. 42 - D. Resolution No. 93-052 ; Re: 1993 Firefiahters Labor
43 Agreement -
44
45 The agreement reflects a 2 . 75% increase wages for 1993 and a
46 $30.00 increase in the insurance contribution. This is . the
47 same dollar amount that all other organized and non-organized
48 employees received for 1993.
49
50
REGULAR COUNCIL MEETING
2 SEPTEMBER 14 , 1993
3 PAGE 11
4
5
6 Motion by Wagner, second. by Marks to adopt . Resolution No. 93-
7 052 being a resolution ratifying the. 1993 agreement between
8 the City of St . Anthony and the Internati-onal' Association of
9 Firefighters, Local 3486 (St . Anthony Firefighters) .
10
11 Motion carried unanimously
12
13
14 10 . UNFINISHED BUSINESS
16 A. ' Ordinance No. 1993-009 ; Re: Water Meter Charges (third
17 reading)
18
19 Motion by Marks., second by Wagner to adopt Ordinance No. 1993-
20 009 being an ordinance relating to water meter charges ;
21 amending Section 610 : 08 and 615. 07 of the 1993 St. Anthony
22 Code of Ordinances .
23
24
- Motion carried unanimously
28 B. Ordinance No. 1993-010 ; Re: Fees (third reading)
29
30 Motion by Wagner, second- by Fleming to adopt Ordinance No.
31 1993-010 being an ordinance relating to fees; amending
32 Sections 615. 06 and 615. 07 of the 1993 Code of Ordinances .
33
34
35 Motion carried unanimously
36
37
38 C. Ordinance No. 1993-011 ; Re: Sians ( third reading)
39
40 Motion by Wagner-, second by Marks to adopt Ordinance No. 1993-
41 011 being an ordinance relating to signs ; amending Section
42 1400 . 12; subd. . 3 ( 1 ) of the St . Anthony Code of Ordinances .
43
44 Councilmember Fleming inquired how a situation is handled if
45 the building is the same color as the sign. . She gave the
46 example of a local business whose building is the same color
47 as its sign and in essence uses the building color to*
48 advertise.
49
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 14, 1993
3 PAGE 12
4
5
6 The City Manager noted this type of situation is not addressed
7 in the sign ordinance. He will check with the City Attorney
8 for some direction on this matter.
9
10
11 Motion carried unanimously
12
13
14 11 . ADJOURNMENT
15
16 Motion by Marks, second by Wagner to adjourn the meeting at
17 9: 20 p.m.
18
19 Motion carried unanimously
20
21
22
23 Respectfully submitted,
24
25
26 Jo-Anne Student, Council Secretary
27
28
29
30 Mayor Clarence Ranallo
31
32
33 ATTEST:
34 City Clerk
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
CITY OF ST. ANTHONY
3 REGULAR COUNCIL MEETING
4
5 SEPTEMBER 28 , 1993
6
7
8 1 . CALL TO ORDER
9
10 The meeting was called to order at 7 : 00 p.m. and the Pledge of
11 Allegiance was led by Mayor Pro-tem Enrooth.
12
13
14 2 . ROLL CALL
15
16 Council Present : Mayor Pro-tem Enrooth and Councilmembers
17 Marks, Fleming and Wagner
18
19 Council Absent : Mayor Ranallo
20
21 Staff Present : City Manager Burt and City Attorney Soth
22
23
24 3 . APPROVAL OF SEPTEMBER 28 , 1993 COUNCIL MEETING AGENDA
25
Motion by Marks , second by Fleming to approve the agenda for
the September 28, 1993 Council Meeting with the following
additions: To the City Manager' s Report add a proclamation and
29 move 9-B, Resolution No. 93-048 from New Business to
30 immediately after the approval of the verified claims .
31
32
?3 Motion carried unanimously
34
35
36 4 . APPROVAL OF SEPTEMBER 14 , 1993 COUNCIL MEETING MINUTES
37
38 Motion by Marks, second by Wagner to approve the minutes of
39 the September 14 , 1993 Council Meeting with the following
40 addition:
41
42 page 9, line 50 : Add the following motion: "Motion by Fleming,
43 second by Ranallo to table Resolution No. 93-048 until the
44 next Council Meeting.
45
46 Motion carried unanimously"
47
48 Councilmember Wagner presented a plaque to Rick Werenicz in
49 recognition of his eight years of good and faithful service on
50 the Planning Commission.
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 28 , 1993 •
3 PAGE 2
4
5
6 5. LICENSES/PERMITS/PRESENTATIONS
7
8 There were no license nor permit applications and no
9 presentations .
10
11 6. PRESENTATION OF CLAIMS
12
13 Motion by Marks , second by Fleming to approve the following
14 claims :
15
16 A. Maier Stewart & Associates
17
18 1 . Payment in the amount of $2, 574 . 90 for engineering
19 services rendered from August 1 , 1993 through August 28 ,
20 1993 for construction inspection of 1993 overlay
21 improvements .
22
23 2 . Payment in the amount of $1 , 183 . 44 for engineering
24 services rendered from August 1 , 1993 through August 28 ,
25 1993 for the concrete rehab on 37th Avenue Northeast .
26 •27 3. Payment in the amount of $1 , 424 . 74 for engineering
28 services rendered from August 1 , 1993 through August 28 ,
29 1993 for construction administration on the 37th Avenue
30 Northeast concrete rehab.
31
32 4 . Payment in the amount of $5, 090 . 10 for engineering
33 services rendered from August 1 , 1993 through August 28 ,
34 1993 for a feasibility study of the 1993 street
35 improvements .
36
37 B. Dorsey & Whitney Law Firm
38
39 1 . Payment in the amount of $1 , 550. 84 for legal services
40 rendered regarding the $470 ,000 general obligation
41 improvement bonds
42
43 2. Payment in the amount of $1 , 988 . 70 for legal services
44 rendered through July 31 , 1993 for various matters.
45
46 C. Verified Claims
47
48 Payment of the three pages of verified claims as submitted by
49 the Finance Director.
50 Motion carried unanimously
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 3
4
5 Resolution No. 93-048 ,. Re: Receiving Feasibility Study and
6 Ordering Plans for 1994 Street Improvements
7
8 This item had been tabled at the September 13th Council
9 Meeting.
10
11 The City Manager advised that the resolution can sti-11 be
12 adopted in its present form for receiving the feasibility
13 study.. That part of the resolution which addresses designating
14 the engineering firm for preparing the improvement plans can
15 be amended if the Council so chooses .
16
17 Mayor Pro-tem Enrooth inquired as to the status of the process
18 regarding the 1994 street improvements .
19
20 The City Manager responded that the specifications were
21 ordered today and would take about thirty days to complete.
22 The informational meetings could be held in November and the
23 bids could be taken in January or February.
24
25 Virgil Hawkins, representing Maier Stewart & Associates, gave
a status report on the 1993 street improvements projects .
Using overhead graphs, he reviewed street elevations and
driveway elevations of particular properties . These two issues
29 were of primary concern to affected property owners .
30
31 Mr. Hawkins contended that what had been said to property
32 owners at the informational meetings and public hearings had
33 been misinterpreted. He noted that it is impossible to replace
34 streets exactly as they had been.
35
36 Mr. . Hawkins stated that the areas where compaction had taken ..
37 place were tested. A few residents felt the compaction was
38 done very poorly and would .cause problems in the future. He
39 also stated that the compaction testing reflected an
40 acceptable amount of compaction.
41 ,
42 Residents: at 3412 31st Avenue and 3505 31st Avenue indicated
43 they were not convinced that the compaction was done correctly
44 and would need no further work.
45
46 Joe Sevick, 3505 31st Avenue rented compacting equipment and
47 did some of the work himself . He felt that there was a
48 definite lack of communication between the contractor and the
49 residents.
50
•
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 28 , 1993
3 PAGE 4
4
5
6 Mr. Hawkins noted that there is a one year warranty against
7 settlement for the compaction work done by the contractor.
8
9 Mary Ann McNeil , 3500 31st Avenue, had serious concerns with
10 the manner in which her steps were replaced and her electric
11 light was torn up. Mr. Hawkins assured her the contractor will
12 re-do this job until she is satisfied.
13
14 Councilmember Fleming felt the essence of property owners
15 concern was they should not have to oversee any of this
16 project to guarantee the work is done correctly.
17
18 Bob Stroncek, 3416 31st Avenue, inquired what is reasonable to
19 expect from the sod which has been replaced in this project .
20 Mrs. Stroncek noted there are three shades of green in their
21 yard after this project was done. Other property owners
22 advised that some of their sod doesn' t look very healthy at
23 this point in time and is very mushy.
24
25 Virgil Hawkins responded that the ground is very moist . He
26 noted it will eventually dry out and a water truck will be •
27 coming regularly to keep the sod moist . There is usually a
28 thirty day watering period and there is a warranty which goes
29 until October 25, 1993 .
30
31 The condition of the sod will be evaluated in thirty days . If
32 the condition of the sod is not acceptable the warranty will
33 be extended until the next growing period. If there is any
34 frost kill or winter kill this will be taken care of by the
35 contractor.
36
37 Jim Higgins, 3409 31st Avenue, inquired what measures will be
38 taken regarding his stop box . The stop box had been run over
39 and is no longer visible. Mr. Hawkins responded this is the
40 contractor ' s responsibility to bring the stop box to grade and
41 this item is on the "punch list" for the contractor.
42
- 43 Discussion continued regarding some of the changes made to the
. 44 project after it had begun. It was felt by residents that the
45 changes happened only because they insisted on them. Mr.
46 Hawkins acknowledged that there was a six inch change in
47 response to residents' concerns.
48
49 Councilmember Wagner recalled his experience with the
50 reconstruction of a portion of 37th Avenue.
•
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 5
4
5
6 Councilmember Fleming observed that 37th Avenue had its
7 inconveniences but it was not an assessed project . She felt
8 there was a difference in that the project under discussion
9 was very costly for the benefitted property owners. She also
10 questioned the denial of visible items in the project and
11 wondered if the items which were not visible should be an
12 issue..
13
14 Some residents had concerns regarding access to their
15 properties . At the informational meetings, residents were
16 advised they would be notified when access to their property
17 would not be possible. They were not notified.
18
19 In some cases, a considerable amount of time and expense was
20 incurred by replacing soil so there could be accessibility.
21 Many residents felt this was not a legitimate expense nor very
22 professional .
23 '
24 One property owner inquired if this project may have been too
25 big and perhaps a block-by-block project should be considered
for 1994 . Councilmember Wagner advised this approach would be
very expensive.
28
29 The City Manager stated that . three blocks is the average for
30 a manageable project size. He also noted that utilities are
31 being placed off of the right-of-way so the street will not
32 have to be dug up when repairs are needed. Utility companies.
33 are always informed when a street is being reconstructed so
34 they have access at the same time.
35
36 Joe Sevick distributed a project status report which he had
37 drafted.
38
39 Bud Mayer, a thirty year resident of St . Anthony, suggested
40 there appears to be a great gulf of credibility involved
41 between the residents and Maier Stewart & Associates . He felt
42 a one year vacation from the services of this firm would be
43 appropriate.
44
45 Mr. Hawkins advised that the anticipated completion of this
46 project will be in . two weeks. Ten percent payment of the
47 Miller bill has been retained by his firm. The warranty on the
48 sod mork will go until September of 1994 . More testing will be
49 done of the compaction. to make sure it is done
.50 satisfactorally.
s
t
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 28 , 1993
i 3 PAGE 6
r 4
f 5
i
6 Mr. Higgins inquired if the contract on the sod and the
s7 compacting could be extended two or three years.
8
9 The City Attorney advised that the contracts are all signed
10 and have a one year warranty. After that year passes, the City
11 has no recourse with the contractor. The City may be able to
12 do some work with fill if this becomes necessary.
13
14 Lorraine Narog, who lives on 31st and Hilldale, noted her
15 street is scheduled for a
project next year. She has lost
j 16 confidence with what she has heard at this meeting.
i 17
18 Councilmember Marks stated he knows no one on the Council
19 wants to repeat this type of meeting next year. He feels
20 communication and advance information should be primary with
i 21 the 1994 projects .
22
23 Discussion followed regarding having only one phone number or
24 one person to .be contacted when there are questions or
25 concerns about progress of a given project . Councilmember
26 Marks felt this would facilitate keeping an accurate log of •
27 concerns and information. He also stated this information
-28 should be routed to all members of the City Council as well as
29 other appropriate persons .
30
31 Motion by Fleming, second by Wagner to table approval of
32 Resolution No. 93-048 for two weeks with the intention of
33 replacing the designated engineering firm.
34
35 Councilmember Marks stated there is no problem with the
36 feasibility study mentioned in the resolution. He felt there
37 should be some criteria established before engineering
38 services are solicited. Changing firms will interrupt
39 continuity being experienced with Maier Stewart & Associates .
40 Also, communication should be specifically addressed.
41 -
42 Councilmember Marks felt there could be 'advantages in
43 selecting an engineering ' firm who has experienced problems
44 such as those associated with this project and have learned
45 from those problems.
46
47 Councilmember Wagner supports the position that some valuable
48 experience will be lost if this particular firm does not
49 continue working on the 1994 project .
50
•
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 7
4
5
6 Councilmember Wagner noted he had initially intended to
7 support continuing the use of the services of Maier Stewart &
8 Associates. After listening to the residents ' complaints he
9 now feels that the firm should not be considered for 1994 but
10 perhaps should be considered after that .
11
12 Councilmember Enrooth felt a one year "hiatus" is a good idea
13 for Maier Stewart & Associates .
14
15
16 Motion carried unanimously
17
18 RECESS: 8 : 56 p.m.
19
20 RECONVENE: 9: 02 p.m.
21
22
23 7. REPORTS
24
25 A. Plannina Commission - September 21 , 1993
4 Commissioner Thompson was in attendance representing the
Planning Commission.
29
30 1 . Subdivision/Plat Approval - Jerome Holewa, 3483 Silver
31 Lane
32
33 Commissioner Thompson advised this subdivision approval
34 request received considerable opposition from neighbors in the
35 area. A petition was presented opposing approval of the
36 request . The Planning Commission recommended denial of the
37 request .
38
39 Commissioner Thompson felt the request had been withdrawn
40 since it was not on the agenda for tonight ' s Council meeting.
41
42 2 . Garage Setback Permit - Scott Barton, 3515 Hardina Street
43
44 Commissioner Thompson noted that this request was recommended
45 for denial by the Planning Commission. The Planning Commission
46 felt the request did not meet the -original intent of the City
47 for creating the garage setback permit ordinance. Also,
48 several people spoke against the request and the proposed
49 sideyard setback caused concerns for fire safety.
50
1 REGULAR COUNCIL MEETING •
2 SEPTEMBER 28 , 1993
3 PAGE 8
4
5
6 Other items of business mentioned by Commissioner Thompson
7 included a concept review of the service station at 2700
8 Kenzie Terrace; appointment of Commissioner Gondorchin to the
9 position of Vice Chair for the remainder of 1993 ; designation
10 of Commissioner Bergstrom as the Planning Commission' s
11 representative to the Environmental Quality/Recycling
12 Committee; and, designating Commissioner Madden to the
13 Economic/Redevelopment Task Force.
14
15 Referring to the setback permit request, Councilmember Marks
16 inquired if this would need proof of a hardship. The City
17 Manager responded that the permit process does not need proof
18 of a hardship.
19
20 Mr. Barton submitted_ a revised map of this property which
21 showed some new plans he has 'for the garage and the breezeway.
22 His request would now be for five inches rather than three
23 feet .
24
25 Councilmember Enrooth observed that since there was amendments
26 made to the request it should be returned to the Planning
27 Commission for reviewal . The City Manager also felt this would S
28 be appropriate to be fair to the neighbors as they had
29 understood it was over at the Planning Commission public
30 hearing.
31
32 Mr. Barton felt much of the discussion at the public hearing
33 by his neighbors was irrelevant to his request . He sent a
34 letter to all members of the Council stating this opinion . He
35 also felt many of the comments made at the public hearing
36 negatively impacted on the Commission members who ultimately
37 recommended denial of his request .
38
39 Mr. Barton was of the opinion that there had been recruitment
40 of opposition by some of his neighbors . He stated his primary
41 reason for wanting to move his garage is that it takes a
42 tremendous amount of space in his back yard.
43
44 Don Dick, 3519 Harding Street, refuted Mr . Barton' s statement
45 regarding not receiving a fair hearing. He noted that the
46 house was damaged when it was purchased by Mr . Barton and Mr.
47 Dick could see no improvement in the property at this point in
48 time. He also feels -Mr. Barton ' s plans appear to 'be rather
49 indefinite as to the future of the property.
50
I REGULAR COUNCIL MEETING
SEPTEMBER. 28 , 1993
PAGE 9
4
5
6 The City Manager advised that the garage could be moved
7 without a permit and would be located within three feet of Mr.
8 Dick ' s property. He felt this issue should be referred back to
9 the Planning Commission which would be in. a position to review
10 state statute and local code requirements . He also noted that
11 if the garage is moved a permanent driveway would be required.
12
13 The City Attorney concurred that the matter should be
14 revisited by the Planning Commission in that the plan has been
15 altered.
16
17 A neighbor of Mr. Barton ' s stated she felt he had been
18 discriminated against and had not received a fair public
19 hearing. She was of the opinion that most neighbors hated the
20 house and were not willing to support Mr. Barton in his plans
21 to improve the property.
22
23
24 Motion by Marks , second by Wagner to refer this request back
25 to the Planning Commission .
26
is Motion carried unanimously
29 B. Council Reports
30
31 1 . Report of Councilmember Marks
32
33 Councilmember Marks had nothing to report at this time .
34
35 2 . Report of Councilmember Wagner
36
37 Councilmember Wagner noted that Hennepin County is holding a
38 household hazardous waste collection at the Armory on Broadway
39 Street Tuesday through Saturday.
40
41 3 . Report of Councilmember Fleming
42
43 Councilmember Fleming had nothing to report at this time.
44
45 4 . Councilmember Enrooth
46
47 Councilmember Enrooth reported that there was much less
48 material brought to the Recycling Center for the recent City
49 clean-up. He felt some of this may be due to having less
50 brush. The revenue from the clean-up was also down.
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 28 , 1993
3 PAGE 10
4
5 C. Report of the City Manager
6
7 1 . Vacancy on Environmental Recycling/Ouality Committee
8
9 The City Manager advised there is a vacancy on the
10 -Environmental Recycling/Quality Committee and a vacancy on the
11 Planning Commission. He inquired if the Council wanted to make
12 selections to fill these vacancies from the same lists
13 previously used. It was decided this would be an item for
14 discussion at the next Council work session .
15
16 2 . 27th and Coolidge Street
17
18 The Mayor has been receiving calls from residents in the area
19 of 27th and Coolidge Street about some dirt left from the
20 project in that location . The City Manager will be sending a
21 letter to neighbors in the area explaining that the dirt left
to the Good Luck
contractor' s error relative
22 was because of a on tractor
23 Cafe site. It has not been removed as the City has been using
24 some of the fill .
25
26 3 . Purchase of Lots
27
28 Some one had questioned the wisdom of purchasing some property
29 from a resident adjacent to the 27th and Coolidge Street
30 project . This purchase could perhaps produce three buildable
31 lots which could be sold for development .
32
33 The Ci-ty Manager advised this acquisition would result in a
34 non-conformance which would require a platted variance. This
35 would be precedence setting and is not desirable.
36
37 4 . Proclamation
38
39 Motion by Marks , second by Wagner to approve the proclamation
40 designating the month of October, 1993 as "SHARE YOUR CHAIR"
41 month which is a proclamation that maximizes independence of
42 individuals when they have a need.
43 -....
44 Motion carried unanimously
45
46 5. Designate Voting and Alternate Voting - NLC Conference
47
48 Councilmembers Enrooth and Wagner will be attending the
49 National League of Cities Conference in Orlando, Florida. They
50 will discuss the voting strategy with the City Manager.
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 11
4
5
6 6. Liquor Operations 1992 Uncollectable Checks
7
8 Motion by Marks , second by Wagner to authorize that the two
9 pages of uncollectable checks be written off .
10
11
12 Motion carried unanimously
13
14 8 . PUBLIC HEARINGS
15
16 A. Easement Vacation - Diamond 8 Apartments (Resolution No.
17 93-049)
18
19
20 _ The Public Hearing was opened at 8 : 47 p.m.
21
22
23 The owner of Diamond 8 Apartments is refinancing. During this
24 process they discovered that the building has been constructed
25 over a City storm sewer easement . Vacating that portion of the
easement on which the building is contructed presents no
problem for the City. .
28
29 Motion by Marks , second by Wagner to close the Public Hearing
30 at 8 : 50 p:m.
31
32 Motion by Marks, second by Fleming to adopt Resolution No. 93-
33 049 being a resolution vacating a portion of an easement °or
34 street and utility purposes .
35
36 Motion carried unanimously
37
38
39 8 . NEW BUSINESS
40
41 A. Change Order #1 , 1993 Street Improvement - Request for
42 Extension
43
44 Virgil Hawkins of Maier Stewart & Associates .explained that a
45 i ourteen
because extension of on the a weather r delays improvements a added project
46
47 required by Hennepin County.
48
49 The City Manager advised that all of the associated costs of
50 Change Order #1 will be paid from HRA funds .
I REGULAR COUNCIL
.TL SEPTEMBER 28,3 PAGE 12 1993
4
5
6 Motion
7 by Marks, second b
8 in the amount of $9. 831 . y Wagner to
g 20 as requested by the Orr 1
10 by the contracttoor.
11
12 Motion carried unanimousl
13 B.
14 Resolution No. 93-054 •
I5 37th Avenue Street Re` Award Construction
16 Rehabilitation Bid for
17 Motion by Marks
18 9Oti0 bein ' second by
Northeast g a resolution Wagner to approve
19 concrete rehabilitation. a bid Resolution No.
20 for 37th Avenue
21 The City Manager stated this
will be will be no should be a thirty day Pro '
24 affected Property y state aid funds. All of the sect
With the owners advising A letter will costs
25 project . g them of what willbe sent to
26 transpire
27
28 Motion carried
29 C. unanimousl
30 Resolution No. 93-055 •
31 Street Im rovements Re: Catlin
32 (overla s) for a Hearin for 1993
33 The date selected
34 P.M. in the City for this hearing is October 12
35 Council Chambers. 1993
Motion b at 7: 00
36 93-055 y Marks, second b
37 being a resolution Wagner to
38 assessment for callin approve Resolution
1993 street improvements.hearing on No.
39 Proposed
40
41
42 Motion carried
43 unanimousl
D.• Resolution No.
45 for Cif of Lauderdale for Re: A reement
46 for Police Services
47 Motion by Marks
48 9otio bein ' second by Wagner to
for g a resolution approving approve
49 for police g the Resolution No.
services joint
50 authorizing the h the City Powers agreement
agreement . Mayor and City Managerf to auderdale and
execute said
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
3 PAGE 13
4
5
6 The Police Chief felt this agreement will be beneficial to
7 both cities as Lauderdale will receive quality service and St .
8 Anthony will have an opportunity to grow.
9
10 The City Attorney noted a correction on page 2 , Article IV.
11 The year of " 1997" should be " 1996 . " He also requested that
12 the section regarding "Prosecution" , page 4 , XVII be deleted
13 in its entirety. Prosecutions will be handled by Ramsey
14 County.
15
16 Councilmember Enrooth inquired if the regu.lations imposed by
17 Ramsey County change in the near future. The City Manager
18 responded this is unlikely but it can be studied at a later
19 date.
20
21 The City Manager suggested that the City Councils of St .
22 Anthony and Lauderdale meet quarterly during the year to
23 discuss this joint powers agreement .
24
25 Motion carried unanimously
0 E. Aproval of Judaes for 1993 City Election
29
30 Motion by Marks , second by Wagner to approve the list of
31 election judges for the November 2 , 1993 City election as
32 prepared by the City Clerk .
33
34
35 Motion carried unanimously.
36
37
38 F. Ordinance No 1993-013 ; Re: Change in Number of Amusement
39 Devices Per Establishment ( first readina)
40
41 Motion by Marks, second by Wagner to approve the first reading
42 of Ordinance No. 1993-013 being an ordinance relating to
43 amusement -devices amending Section ' 505.. 02 of the 1993 St .
44 Anthony Code of Ordinances .
45
46 This ordinance will allow only fifteen amusement devices per
47 establishment which is a change from the thirty five formerly
48 allowed.
49
50 Motion carried unanimously
I REGULAR COUNCIL MEETING
2 SEPTEMBER 28 , 1993
3 PAGE 14
4
5
6 10. ADJOURNMENT
7
8 Motion by Marks , second by Wagner to adjourn the meeting at
9 10 : 05 .p.m.
10
11 Motion carried unanimously
12
13
14
15
16 Respectfully submitted,
17
18
19 Jo-Anne Student , Council Secretary
20
21
22
23 Mayor Pro-tem Richard Enrooth
24
25
26 — ATTEST:
27 City Clerk
28
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36
37
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