HomeMy WebLinkAboutPL PACKET 05191987 Meeting Sheet
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Folder: PL.PACKETS 1987
Document: PL PACKET 05191987
C=TX OF ST e AD-T'=°HONX
PL.ANN=NG COMM= SS=ON AGEN3�A
MAX 1. 9 198 "7
7 _ 30 Pella
1. Call to Order.
2. Roll Call. _-
3 . Minutes.
a. Planning Commission - April 21, 1987 .
4 . Designate Commission Representative to the Council Meeting
on May 26 , 1987.
5 . Public Hearings.
• a. 7: 35 P.M. - Herberger' s Inc. , at Apache Plaza', sign
variance request.
6. Unfinished Business.
a. David Evanson, Drainage Plan for 3512 Silver Lake Road.
7 . Other Business.
a. Al Plaisted, requests for variances for the St. Anthony
Dairy Queen, 2612 Highway 88 (October, 1986 ) .
8. Adjournment.
•
CITY OF ST _ ANTHONY
P•L.AN.N I NG COMMI SS I-ON 'MI :NUTES
APR= L 21,- 1--987
1 The meeting opened at 7 : 30..P..M. with the Pledge.. of Allegiance led
2 by Chair Pro Tem Wagner.
3
4 The oath of office was administered by the Council Secretary to
5 Commissioner John Madden.
6
7 Present for roll call: London, Wingard, Hansen, Wagner, Werenicz,.
8 Madden.
9
10 Absent: Franzese. ,
11
12 Also present: David Childs, City Manager.
13
14 COUNCIL MEETING REPRESENTATIVE DESIGNATED
15
16 Commissioner Hansen will represent the Planning Commission at the
17 Council' s April 28th meeting.
18
19 MARCH 17 , 1987 PLANNING COMMISSION MINUTES
20
21 Motion by Hansen, seconded by Werenicz to approve the above with
22 the following changes:
23
24 Page 1 , line 31: Substitute "March" for "February" .
25 Page 3 , line 39 : Correct typo "property" .
26 Page- 5 , line 16 : Insert "foot side" before . "setbacks" .
27 Page 5, line 33 : Substitute 113421" for 3412" .
28
29 Motion carried unanimously.
30
31 PUBLIC HEARINGS
32
33 Setback Variance for Brett Peterson for 3301 East Gate Road
34
35 The hearing was opened at 7 : 35 P.M. by Chair Pro Tem Wagner. He
36 read the notice of the hearing which had been published in the
37 April 8, 1987 Bulletin and mailed to all property owners of record
38 within 200 feet of the subject property. No one present reported
39 failure to receive the .notice or objected to its content.
40
41 Application: for consideration of a request .for a setback
42 variance to allow construction of improvements
43 to the existing house freestanding garage at the
'44 above address which would result in the. garage
45 becoming an attached garage which would require
46 a setback variance because the existing garage
47 is only 24 inches from the property line and
• 48 therefore legally nonconforming under the Zoning
49 Ordinance. In addition, the northerly neighbor ' s
50 garden shed actually encroaches onto the Peterson
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1 �. .
2 property one :or two feet: A new laundry room and
3 two season porch -Are planned which '.would not ex_.
4: acerbate the current setback problems for addi-
5 bons to nonconforming additions; but would
6 require a variance.
7
8Staff report: reiterated information -in his -April 16th memoran-
9 dum.
10
11'Proponents: Brett Peterson, `who said he had negotiated an
12 agreement with his northernmost neighbor to
13 remove the garden shed which he and the former
14 owner had erected if City required or Mr.
15 Peterson ever moved.
16
17 Marc Dicky, 2925 Crestview Drive (that neighbor)
18 had written a letter of approval of the variance
19 which had been included in the agenda packet.
20
21Opponents: None at the hearing and Mr. Childs reported
22 staff had received no calls or letters opposing
23 the variance.
24
25 The hearing was closed at 7 :-46 P.M.
26
27 Commission Action
28
29Motion by Madden, seconded by Hansen to recommend the Council grant
30the petition for a variance from Brett and Robin Peterson for 3301
31East Gate Road which would allow construction of improvements which
32would connect an existing detached garage to a principal structure
33 (house) . The Zoning Ordinance requires -a 5 foot sideyard setback .
34for attached garages. . The existing detached garage has a 2 foot
35sideyard setback . (nonconforming) which requires that a variance be
36granted when additional construction is planned.
37
38In recommending the necessary , variance be granted, the Planning
39 Commission finds that:
40
41 -the. addition would probably make the rear portion of .the pro=
42 perty look more attractive;
43
44 -both. the existing home and the new addition would become safer
45 for fire separation purposes because firewalls are required
46 when the structures are joined;
47
48 -no one spoke against the proposed variance at the hearing and
49 staff reported receiving no calls or letters in opposition to
50 the additions prior to the hearing;
51
52 -staff had recommended the variance be granted;
53
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1
2 -all three conditions required to . be satisfied affirmatively. . ,
3 -before a variance can ,be granted have been met .with this, pro- ..
4 posal and had been .satisfactorily addressed by the .applicant
5 on their application. . .
6
7 Motion carried unanimously.
8
9 Sign Variance Request for Equinox Apartments, 2808 Silver Lane N.E.
10
11 The hearing was. opened by the _Chair Pro Tem at 7 : 50 P.M. . - He read
12 aloud the notice of the hearing which had been published in the
13 April 8, 1987 Bulletin and mailed to all property owners of record
14 within 200 feet of the subject property. No one present reported
15 failure to receive the notice or objected to its content.
16
17 Application: from Penny Cervantes, resident Manager of the
18 above and E.S.I . Signs for a variance to replace
19 three existing two foot by four foot identifi-
20 cation signs with new signs and to add a fourth
21 sign next to the Hardees entrance sign west of
22 Silver Lake Road near the Mobil Station. One of
23 the signs was proposed to be relocated within the
24 City' s right-of-way on the southwest intersection
25 of Silver Lane and the .Equinox Apartments
• 26 driveway.
27
28 Staff report: -reiterated statement in April 16th memorandum
29 that signage could not be located in the City' s
30 right-of-way but could be moved closer to the
31 Silver Lane right-of-way line as it didn' t ob-
32 struct visibility for traffic in or out;
33
34 -confirmed that the new signs should all be
35 ground signs to conform with the Sign Ordin-
36 ance;
37
38 -reported no calls for or against the new signage
39 were received;
40
41 -indicated complex has two addresses which might
42 justify additional signage.
43
44 Proponent: Tim Gow of E.S. I . Signs, 841 Grand Avenue, St.
45 Paul ,
46
47 -said the visibility of the existing Silver Lane
48 sign is obstructed by an overgrowth of shrubbery
49 and trees for traffic coming one way on Silver
50 Lane;
51
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1 -indicated.--that the same square footage would be
2 . - . retained fore: badly.damaged signs which- would be �.
3 retrof itted-" to - look like the . sign -shown: on the
4 front .of: the brochure he had passed around to . .
5 the Commissioners;
6
7 -reported the apartment ,managers perceived ;a
8 need for Silver Lake Road identification;
9 _
10 -said the proposed sign would be installed about
11 eight . feet away from the curb. for visibility
12 past the new wall;
13
14' -indicated the sign near the. Hardees south entr-
15 ance would. be about three feet from the curb;
16
17 -told Commissioner Werenicz the new signage had
18 not been requested by apartment tenants but by
19 the owners.
20
21 No one appeared to speak against the proposal and the : hearing was
22 closed at 8 :05 P.M.
23
24 During the discussion of the proposed signage, Commissioner
25 Werenicz questioned whether additional signage at that location on
26 Silver Lake Road might not give a cluttered appearance to the area.
27 Commissioner Hansen suggested the signage be converted to a ground
28 sign, which the sign representative perceived would not be a
29 problem and if bermed might .provide more visibility.
30
31 Commission Recommendation
32 -
33 Motion by Hansen, seconded by Wingard to recommend the Council
34 grant -the necessary variances to the Sign Ordinance to Equinox
35 Apartments , 2808 Silver Lane to allow them to replace the three
36 identification signs on their property with ground signs of
37 substantial construction which would be bermed or landscaped to fit
38 into the - surrounding terrain and to bring them into conformance
39 with the Ordinance description of permitted ground signs. The
40 Commission recommends that the Silver Lane sign be allowed to be
41 relocated closer to the roadway for better .visibility as long as it
42 does not encroach into the City' s right-of-way or obstruct
43 visibility for traffic in or out of the driveway.
44
45 The Planning Commission - recommends that the fourth sign be, allowed
46 for Silver Lake Road . identification, as shown on the applicant ' s
47 sketches.
48
49 In recommending approval •of this signage, . the Planning Commission
50 finds that:
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this property is unique in that it has access from a number of
I . street entrances and probably requires more identification;
2
3 even' with_ the additional sign; - the total-.square- footage would
4 -conform .'to- the signage :amount the. Ordinance permits ,for the .
5 complex;
6
7 -all three conditions required to be satisfied- affirmatively
8 have been done so with this proposal; and
9
10 -there was .no opposition demonstrated to the variances- being
11 granted either during the Commission.- hearing or to staff prior
12 to that hearing.
13
14 Voting on the motion:
15
16 Aye: Hansen, Wingard, .London; Wagner, Madden.
17
18 Nay: ' Werenicz.
19
20 Motion carried.
21
22 Drainage Plan to be Required for Subdivision Without Platting of
.23 Parcel Owned by David Evanson at Approximately 3512. Silver Lake
24 Road
25
• 26 The hearing was opened: at 8 : 16 P.M. by Chair Pro Tem Wagner. He
27 read aloud the notice of the hearing which had been published April
28 8 , 1987 in . the Bulletin and mailed to all property owners of
29 record within 350 feet . of the subject property. No one present
30 reported failure to receive the notice or objected to its content.
31
32 Application: for subdivision without platting of Lot 5, Block
33 6 Gardenia Acres into four single family, resi-
34 dential' lots, approximately 75 feet by 131 feet
35 in size . Two lots would have frontage on Silver
36 Lake Road in the 3500 block and two lots would
37 front on the 3500 block on Belden Drive.
38
39 Staff report: reiterated information in his April 16th memoran-
40 dum advising proposed lots would be 9 , 825 square
41 feet which was more than the 9,000 square feet
42 required by the City .Ordinance and suggesting
43 points which should be satisfied before the sub-
44 division without platting is approved;
45
46 reported because there is substantial height on
47 the parcel; a grading plan would be necessary to
48 assure adequate and proper drainage and to meet
49 the requirements the City had made back in the
50 ' 60 ' s of Mr. Forsberg and Dr. Osterbauer to lower
51 their property to the Belden street level;
52
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.1- said the City would not be able to determine just
2 how much -earth would have to be taken off the
3 proposed lot without a survey and grading and'
4 drainage plans -being submitted by the owner;
5
6 indicated Mr. Evanson was in the process of' pre-
7 paring all- of the above and since they were not
8 available that night, no decisions about drain
9 age could be made that night;
10
11 reported the City would also be requiring five
12 foot drainage and utility easements on the front/
13 sides of each of the four lots;
14
15 had provided copies of the April 17th letter -from
16 John Forsberg of . 3512 Belden Drive, whose
' 17 property abuts one of the undeveloped lots on the
18 north which gave the history of his arrangements
19 with the City related to the future development
20 of the Evanson property. His letter also told of
21 the litigation he and Dr. Osterbauer,; his next
22 door neighbor, had been involved in with Mr.
23 ..Evanson' s _parents who, protested the grading the
24 City had required;
25
- 26 said both property owners were present that
27 evening to assure that adjacent lots are cut
28 down to a level which at least would allow drain
29 age . to be •.properly controlled so there would be
30 no negative impact on their property following
31 construction of the four new homes.
32
33 Mr. Childs advised that it would be difficult to guarantee that no
34 negative impact would result if the homes were allowed to be built
35 on an -individual basis with separate ownership and time schedules
36 for construction. The City Manager concluded his report by saying
37 he had received no other communications for or against the
38 proposal. He said the platting process would probably have to be
39 followed but he perceived it would be beneficial to hear the
40 concerns of those who were present so Mr. Evanson could take them
41 into account when the platting was done. Mr. Childs advised the
42 Commission to give. Mr. Evanson enough guidance that he could come
43 in with a final plat which would include drainage plans which
44 addressed the concerns of all concerned.
45
46 Testimony was taken from the following:
47
48 The applicant, David G. Evanson, 2208 - 73rd Avenue N. , Brooklyn
49 Park:
50
51 -had told- Mr. Childs the person who had been granted a vari-
52 ance to build a' nonconforming home above Mr. Forsberg had been •
53 unable to buy the property after all and the home being
54 'considered for that ,lot now would require no variance;
55
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1 told Mr. Forsberg and Dr. Osterbauer .he had recently purchased
2 the property and. had. not been involved twenty-two years ago. in
3 his parents' lawsuit against them;
4
5 --said he would not be involved. in the construction of the new
6 'homes;
7 ;
8 -reported he had talked to all abutting property owners on
9 Belden and Silver Lake Road except Mr. Christen who was out of
10 town and all seemed happy to have the property developed;
11
12 . -thought grading on Silver Lake Road side would. be minimal but
13 acknowledged the need for grading the Belden Street properties;
14
15 -said hadn' t set a price on individual lots but prospective
16 buyers had been concerned that the view of the Minneapolis
17 skyline be retained if possible; as many trees as possible
18 be preserved; and that the architectural integrity of the
19 homes they would build would be provided to match the exist
20 ing homes on Belden;
21
22 -was concerned that he might have to pay all the grading costs
23 himself up front and that if grading for all homes was done
24 prior to platting, there might be erosion of earth from one lot
25 to another if all lots were not developed at the same time;
• 26
27 -wanted grading to be started on each lot at the onset of con-
28 struction; -
29
30 -said could cost him at feast $5 , 000 if fill could be sold and
31 $10 , 000 if had to be taken away. Tree removal might also be
32 costly.
33
34 Mr. Childs suggested the developer could post a performance .bond
35 with the agreement that the grading be done prior to the issuance
36 of the first .building permit. Said that way, Mr. Evanson would not
37 have to pay for the grading up front and could get back his bond
38 after the City has verified proper grading had been accomplished.
39 Mr. Evanson said he would have to consider that option, which he
40 considered he would be more amenable to than having to grade the
41 entire parcel and seed it to prevent erosion between development
42 projects.
43
44 Lee Larwick, 2300 Greenview Drive, New Brighton
45
45 indicated he owned the .undeveloped 80 -foot lot at 3516 Silver
47 Lake Road next to Mr. -Evanson' s property which was also for
48 sale;
49
50 -said he wanted to seethe property in question sold so he
51 could .sell his own property;
52
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1 . wanted to know why -Mr:- Schroeder -had--not been- required- to .grade •
2- :..the lot he was going .to buy . next: to•.him when, he had .been
3. :granted a variance for his .construction;
4
. 5 was: told : that was because that involved only one property and
6 this - issue involved 'a .subdivision for which the City likes
7 ' to have all grading agreed to before platting. :Mr. Childs
8 said Mr. Schroeder would have been required to do some grading
9 to develop his property as he had proposed.
10
.11 Dr. Robert- Osterbauer, 3504 .Belden Drive and son, Joseph
12
13 -were told the _existing City Ordinances don' t require homes to
-14 be at street level or address elevations of driveways but the
15 City does require that properties be developed in such a man-
16 -ner as not to negatively impact on the neighbors;
17
18 -Dr. Osterbauer said he would prefer not to see- the. property
19 developed at all because the path which has been worn through .
20 the property over the years channels the runoff onto the street
21 and not onto his property;
22
23 -the. Chair Pro Tem told them' the engineers .Mr. Evanson retained
24 would be advising him about what drainage would be required and
25 the developer would be unable to provide that information that
26 evening.
27 •
28 Mr. Forsberg:
29
30 -reiterated that he hoped the Evanson property could be
31 developed as long as the developer is required to grade. his
32 property to .match what was required of him when he built his
33 home;
34
35 he said the lawsuit had resulted when he had . asked to have the
. 36 Evanson property sloped down to protect his property. He had
37 put in a retaining wall when that had not been. accomplished in
38 spite of both parties incurring substantial court costs.
39
40 Two prospective buyers of lots from Mr. Evanson expressed their
41- concerns about the resultant lots after the City' s requirements are
42 met.
43
44 Chris Paidosh, 3155 Old Highway 8
45
46 estimated the lot he was interested in buying was .16 feet off
47 street level and about even with the top of Dr. Osterbauer ' s
48 garage;
49 .
50 -said a -builder had told him the excavated dirt would have to be
5`1 taken from the site before a house could be built there;
52 •
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1 perceived' it , might be too severe to require the,- -undeve,loped
2 lots to be graded to ,the same level as..-the. existi.ng homes on
3 ' Belden- and that- a four or five foot, differential might, be. ,
4 reasonable;
5
6 -wanted assurance that the - lots would be buildable, but would
7 not put -undue hardship on the neighbors because of -drainage or
8 to have drainage problems himself;
9
10 -said he and his fiancee who was with him, would naturally like
11 to keep the existing view of the skyline, but that would not be
12 the deciding factor in their decision to build.
13
14 Kurt Matthys, 9760 Monroe Street, Blaine
15
16 -indicated he was interested in one of the lots which front on
17 Silver Lake Road and would not like to have a high dropoff
18 between his and his neighbor' s property on Belden Drive;
19
20 -wanted as many trees preserved on his lot as possible to shield
21 his home from the noise on Silver Lake Road.
22
23 Mr. Childs said he was recommending the Planning Commission -suggest
24 the subdivision without platting be denied and that the Council
25 direct the developer to return simultaneously with a final plat for
26 four lots and a drainage plan for Commission consideration at a
27 future meeting where the neighbors would be able to react to both
28 plans. The Manager reiterated that whatever arrangement the City
29 had made with Mr. Forsberg . and Dr. Osterbauer related to retaining
30 walls would be part of the basis for establishing grading for the
31 undeveloped lots. He suggested there might be agreements reached
32 whereby the grading for the new lots might be stepped . up and
33 retaining walls provided on the back of those properties as well..
34
35 There were .no. further concerns expressed and the hearing was closed
.36 at 9 : 00 P.M.
37
38 Commission Recommendation
39
40 Commissioner Madden said he would not entirely rule out the
41 subdivision without platting for this property but agreed it should
42 be denied at this point.
43
44 Motion by Madden, seconded by Werenicz to recommend that the
45 Council deny the request from David Evanson to subdivide -without
46 platting the property :at approximately 3512 Silver. Lake Roadat
47 least for the present and instead,-direct the applicant to prepare
48 a final plat and a grading plan which would be consistent with the
49 City' s requirements and the neighbors ' concerns . about drainage.
50 The plan should also .satisfy the City as to the proper legal
51 descriptions for the property and provide for 5 foot drainage and
52 utility easements similar to those provided for the Johnson and
53 Hertog subdivisions.
54
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1 Motion- carried unanimously.
2 •
- 3- The- meeting was recessed.,from . 9: 12 P.M.—to 9 : 17 P.M. • .
4
5 UNFINISHED BUSINESS
6
7.- Approval Recommended for Nelson Request for Setback Variance"for
8 3412 Roosevelt Street N.E.
9
10 The above had been tabled at the last meeting to allow the
11 applicant and his neighbor to try to work out their differences
12 related to Mr. Nelson' s proposal to convert his existing ,single
13 garage 'to a four car double garage which because of his•.home' s.
14 siting on his lot would require a four foot, sideyard setback
15 variance to construct.
16
17 Motion .by- Werenicz, seconded by W'ingard to take the above request
18 off the table.
19.
20 _, Motion carried unanimously.
21
22 Mr. Nelson testified that his meeting with his neighbor had not
23 been held until the previous Friday when Mrs. Ittner had indicated
24 she would like to consult with her family on Easter Sunday about
25 the matter. .
2'6
27 Mrs. Ittner and her son, -Paul Szurek; - were present and the latter
28 told the Commissioners his mother was still concerned - about .the
29 runoff from the new addition_ and wanted the construction to be
30 delayed so the- next owner could have input related to its size and
31 location.
.32
33 - When he conceded that potential buyers had been "put on hold
34 because it was taking so long to get the house emptied -out" ; that
35 the real estate company had not even quoted .a price for the home,
36 the Commissioners concurred that it would not be fair to. make the
37 Nelsons wait indefinitely for the Ittner home to be sold. The
38 Commissioners also questioned Mrs. Ittner ' s concerns about the
39 addition runoff increasing her water problems, perceiving that "the
40 plans he had .presented that evening for diverting the runoff would
41 in all likelihood improve the present situation. There was also
42 Commissioner agreement that a double garage would probably enhance
43 rather than detract from that neighborhood. Mrs: Ittner' s
44 suggestion that the Nelson_ garage be sited further back on the
45' ..property to .- avoid annoyance to whoever, lived there . next was not
46 considered reasonable. - The ' Chair Pro Tem told her a long driveway
47 would probably add to her. water problems.
48
49 No one else- appeared to. provide input to the consideration and the
50 hearing was closed at 9 : 3.5 P.M.
51
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• 1, Commission Recommendation
2 '
3 Commissioner--Werenicz -said ..he now' perceived. .that since the addition
4 would actually be- 11 feet :away from . the Ittner. structure, its
5 impact would probably be minimal Commissioner Madden perceived
6" the two neighbors might still be, able to * compromise the 'garage-.
7 width after the City approves its construction..
8
9 Motion by Werenicz, seconded by Wingard to recommend the Council
10 'grant Dwayne and Nancy- - Nelson a 4 foot sideyard setback variance
11 for the -22 foot . wide attached double car garage they propose to
12 construct on their property at 3412 Roosevelt Street N.E. on the
13 condition the gutter system is put in to drain runoff away from the
14 adjoining property. In- recommending the variance be granted, the
15 Commission finds that:
16
17 -the City had already given the neighbors a month to compromise
18 their differences;
19
20 -any further delay would impose an undue hardship on Mr.
21 Nelson' s plans for construction;
22
23 -the applicant had satisfactorily addressed all three questions
24 which have to be answered in the affirmative for the City to
25 grant this variance;
26
27 -precedents have been set for allowing double garages in that
28 same block and in fact, the new City.. Zoning Ordinance requires
29 double garages for all .new construction.
30
31 Motion carried unanimously.
32
33 MISCELLANEOUS
34
35 Fifteenth Annual Minnesota Planning Conference
36
37 Because the above was geared to planners and the seminars which
38 Councilmember Marks is involved in would be more helpful to
39 Commission members, it was generally agreed it would be better to
40 wait for that meeting this winter.
41
42 Manager Reports on Owner' s Response to Letter Regarding Signage at
43 3909 Silver Lake Road
44
45 Mr.- Childs said Mr. Vargas had indicated a contractor would be
46 starting work on the landscaping of his sign by the first of May.
47 The Manager said he would recommend the Commission take steps to
48 have the sign removed altogether if that was not accomplished
4=9- before their May meeting.
50
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1 •2 Dairy Queen Signage
3
4. . In addition to.- . all the banners which . :had been 'erected. on the
5 .building, Commissioner Werenicz said the %store:.. -:now . has three
.6. . lighted -.signs . "even though the Commission had . only_ recommended the
:. 7 roof sign could be' reinstalled along with one other new :sic}n when
8 the Dairy Queen was rebuilt. Mr. Childs.:agreed to provide the
9 Commissioners' with all the pertinent minutes:' .when. the issue. is
10 reconsidered.
11
12 ADJOURNMENT -
13
14* Motion.- by--. Wingard, seconded- by Werenicz to adjourn the meeting at
15 9 : 59 P.M.
16
17 Motion carried unanimously.
18
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22 Respectfully submitted,
23
24 Helen Crowe, Secretary
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DATE s APPnOVAL
May 14 1987
T O
Planning Commission Members
]'R OM - David M. Childs, City Manager
a T EM : HERBERGER'S INC. , APACHE PLAZA, SIGN VARIANCE
This is a request from Herberger's Inc., to be opening soon at Apache Plaza, for a`
sign variance to allow two (2) 5 '9" X 20' signs to be attached to the Apache Plaza
free-standing sign located just south of 39th and Silver Lake Road.
The attached plan shows the proposed sign and its placement on the existing pylon sign.
Herberger's is allowed and has been- given approval for one wall sign approximately
150 square feet in size, which will be located on the west side of Apache Plaza.
Herberger' s, being a major Apache Plaza tenant with no exposure on Silver Lake Road,
feels that signage as requested is imperative to allow their business to be properly
identified.
Considering the long-term vacancy that has existed in their space and the several years
of much less than complete occupancy of Apache Plaza, which results in low customer traffic
it is possible that the lack of signage visible from Silver Lake Road would be a
hardship, as opposed to a non-anchor, or very long term Apache Plaza tenant.
In addition, the free-standing Apache Plaza sign on Stinson Boulevard is to be removed,
thus further decreasing the signage available for the center.
Total proposed Herberger's signage on the pylon sign is 230 square feet. To be at a
150 square foot total size, the signs would have to be 4'9" X 15'9" in size.
:c 'k5.19.87
' Fee: $25.00
CITY OF Sr. A THC NY
• PETITION FOR SIGN VARIANCE.
Applicant: G.R. Herbergers, Inc. Phone: 612-251-5351
Address: 1600 Mall Germain, P.O. Box H120, St. Cloud, MN 56302
Status of applicant (owner, buyer, renter, agent, etc.): Tenant
Legal description of property petitioned for variance:
APACHE PLAZA SHOPPING'CENPER
Street Address: APACHE PLAZA SHOPPING CENTER.
Zoning district in which property is located: C-Qoanmercial
Request: See attached Exhibits "A" and "B"
Minnesota Statutes and City ordinances require that the following conditions
must be satisfied affirmatively. If the answer to a statement is Yes., please
explain, using additional sheets.
Yes No
1. The granting of- the variance will not be detri-
mental to the public welfare or injurious to other
property in the neighborhood or village, and x
2. A particular hardship to the applicant would
result if the strict letter of the regulations
are adhered to, or x
3. The conditions upon which the application for a
variance is 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. x
G.R. HERBERGERS, INC.
By
Bdmis D. Cavanaugh, t
APACHE PLAZA, .LTD.
Rein Associates Co.
General Partner
04 - 29 - S7A * 25 . 000K
Dennis D. Cavanaugh,
EMBIT a
1. Yes, the granting of the variance will not be detrimental to the public
. welfare or injurious to other property in the neighborhood or village. The
request is to provide signage for Herberger's Department Store (which will
be located on the west side of Apache Plaza), on the existing Apache Plaza
pylon sign fronting on Silver Lake Road. Apache Plaza has 530,000 square
feet of gross leaseable building area, with 3,000 lineal feet of exterior
wall space located within the main mall area. As a matter of policy, Apache
Plaza controls both exterior and interior signing of all tenants in an
attempt to maintain a harmonious appearance for the shopping center. It is
the feeling of Apache Plaza Ltd., the owner of Apache Plaza, that the pro-
posed signing corresponds with Apache's attempt to maintain the architectural
integrity of the complex.
2. Yes, a particular hardship to the applicant would result if the strict letter
of the regulations are adhered to. Herberger's is a 40,000 square foot
department store, which will be located on the westerly side of Apache Plaza.
This location provides neither signage nor storefront visibility from Silver
Lake Road, the main north/south arterial within the Apache area. Lack of
signage on Silver Lake Road would severely limit the potential for
Herberger's to be successful at Apache Plaza. Although Herberger's is a
• highly recognizable tradename within the outstate Minnesota area, the Apache
Plaza store will only be Herberger's second entry into the Minneapolis/St.
Paul metropolitan area marketplace. In order to achieve maximum market
penetration and compete effectively in the marketplace, Herberger's must have
exposure to the major arterials within the vicinity of Apache Plaza. The
proposed signage would provide Herberger's with visibility and exposure to
existing automobile traffic within the Apache Plaza area.
3. Yes, the conditions upon which the application for a variance are based are
unique to the parcel of land for which the variance is sought and are not appli-
cable generally to other property within the same land use classification.
As previously stated, Apache Plaza is a 530,000 square foot shopping complex
located on 52 acres of land in the City of St. Anthony. The proposed single
tenant use is 40,000 square feet, which exceeds the total square footage of
•
i I
most other retail complexes within the City of St. Anthony. Although Apache
Plaza is the same zoning classification as the smaller retail areas, the
I
inature of the tenancies at Apache creates a regional-scope shopping complex,
whereas the other retail facilities have neighborhood orientation.
I
We respectfully request that the City of St. Anthony Planning Commission and
I1 City Council approve the above request.
i
I
i
I '
i
,
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, May
19 , 1987 , at 7 : 35 P.M. in the Council Chambers of the' City Hall,
3301 Silver Lake Road (enter northeast corner) for the purpose:
Consideration of a request for sign variance from
Herbergers Department Store to be located in Apache Plaza,
for two ( 2 ) 519" X 20' signs to be mounted on the
existing. Apache Plaza Shopping Center freestanding sign
located on Silver Lake Road. Said signs to be located
below existing Apache Plaza lettering.
• Anyone wishing to be heard with reference to the above matter
shall be heard at said time and place: Questions regarding this
matter shall be referred to the City Manager, 789-8881.
David M. Childs
City Manager
Publish: May 6, 1987
•
i1
MAILING LIST - Apache Plaza, Herbergers ' 5/87
Sentinel Management Co. Twin City Federal Tires.-Plus •
t g
5151 Inudstrial Blvd. - 3899 Silver Lake Road 3800 Silver Lake Road
Minneapolis, MN 55435 St. Anthony, MN 55421 St. Anthony, MN 55421
Re: Equinox Apartments
Zantigo Cadwallader Real Estate Ken Lee
3704 Silver Lake Road 3901 Silver Lake Road 3904 Penrod Lane
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
•
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DATE : APPROVAL :
May 14, 1987
TO :
Planning Commission. Members
F ROM
David M. Childs City Manager
ITEM : DAVID EVANSON, DRAINAGE PLAN FOR 3512 SILVER LAKE ROAD
As of this writing (Tuesday, May 12th) , I have received the attached grading plan
and ,plat from David Evanson . The plan has been reviewed with Lee Larwick, but so far
not with the Forsberg's or Osterbauer-'=s A- letter from Mr. Forsberg is attached for
your review.
Mr. Evanson has two plans, both of which require considerable soil removal .
Plan "A" would allow tuck-under garages with floor elevations of about 3 feet higher
than abutting lot elevations. Backyard elevations would be higher than in Plan "B",
which does not allow tuck-under garages. The applicant says he favors Plan "B",
although one or more of the potential lot buyers are disappointed because they were
desirous of constructing a tuck-under garage.
Drainage Plan "B" may also be more acceptable to Mr. Forsberg, but would result in
requiring more soil to be removed from the Lee Larwick lot at such time as construction
is completed on that lot.
:cjk5.19.87
• General Contractors
WATSON° 0RSBERG C®.
252 South Plaza Bldg•Minneapolis Mn 55416.612 544.7761
April 24, 1987
Mr. Dave Childs
City of St. Anthony
3301 Silver Lake Road.
St. Anthony, MN 55418
Dear Mr. Childs:
I expect that I will be out of town at the next Planning Commission
meeting and wanted to forward a copy of my letter to the building
inspector dated November 24, 1965 together with the grading plan
that was worked out between the City and myself. The plan is 22
years old, but I think you can see that I started with elevation
100 at my north property line on Belden. Belden Drive rises 2'
in my property width. I also show elevations on Silver Lake Road.
• My position still remains firm that the adjacent lots should be
graded to my elevation. In the rear of my property at the south
line, the grade is approximately 6' above Belden Drive and 4' above
Silver Lake Road. Over the years propeties have had numerous
occasions where they could have sold excess fill for a profit,
but chose to delay until now when it will be a liability.
Yours very truly, -
TSO RSBERG 0.
on osbeg
.JF:d
Enclosure
•
•
?S� BOB( . :
NoveWwr 24. 1965
Village of St. Anthony
St. Anthony. Minnesota A
Attention: Mr. Shaughnessy
Gentlemen:
Enclosed. find two copies of Certificate of Survey With final grades
shown. This is to confirw that these grades are correct in respect
to all ordinances and requirements and that under the terms of the
original grade permit it is satisfacp ry to excavate in accordance
with these grades.
Yours very truly.
'John a.Fostbesg.
RAI
�. cc: Joan J. Chaput
GeConaor.Green.Thomas Walters
845 N.W.Bauk. Bldg.
kinneapolis 2. •Miaa.
N A40
EGAN , FIELD A r1OWAK --r-tq ice'
SURVEYORS ..
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ORTIFICATE. OF SURVEY .,' �
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We hereby. cer t i Bey `thel. l.h�s` 1. ' a •tr4e�' and Qtgrrect' 'repte�e�+:�;a�f,� on of a curve cf
the oourviaries of thip, 14 id' above des¢ri•b,em"tend of th@4 I.bcat.,j�' ii cE a I bui l.dfngt
� f �(�Yr thereon'; o�di�.ei.l 'vigIb�S en �;�q n��, 1'f ,:an ,; :, r btr on .5oi4 Ierlc
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t I e ti ? 1 bbl 8 O k k 9 t 686 .1 r ; b Y ' .►. ';.- :r'► ,.� ,i
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-this property: is unique in- .that it haA access from. a number .of
1 street entrances and probably, requires more identification;
2
3 even with the
-additional sign, the total square footage- would
4 confonn to' the signage-amount the ordinance permits for .the
5 complex;
6 .
7 -all three conditions required to. be satisfied affirmatively
8 - have been done so with this proposal; and
9
10 -there was no opposition demonstrated to the, variances being
1.1 granted- either during the Commission hearing or to staff prior
12 to that hearing.
13
14 Voting on the motion:
15
16 Aye Hansen, Wingard, London, Wagner, Madden.
17
18 Nay: Werenicz.
19
20 Motion carried.
22• Drainage Plan to be Required for Subdivision Without Platting of
23 Parcel Owned by David Evanson at Approximately 3512 Silver Lake
'2 4 Road
4' 25 ,
�. 26 The .hearing was opened at 8 : 16 P.M. by Chair Pro Tem. Wagner.,. . He
27 read aloud the notice of the hearing which had been published April.
28 8, 1987 in the Bulletin . and mailed to all property owners of
29 record within 350 feet of 'the subject property. No one present
30 reported failure to receive the notice or objected to its content.
31
32 Application: for subdivision without platting of Lot 5 , Block
33 6 Gardenia Acres into four single family, resi-
34 dential lots, approximately 75 feet by 131 feet
35 in size. Two lots would have frontage on Silver
36 Lake Road in the 3500 block and two lots would
37 front on the 3500 block on Belden Drive.
38
39 Staff report: reiterated information in his April 16th memoran-
40 dum advising proposed lots would be 9,825 square
41 feet which was more than the 9 ,000 square feet`
-42 required by the City Ordinance and suggesting
43 points which should be satisfied before the sub-
44 division without platting is approved;
45
46 reported because there is substantial height on
47 the parcel, a grading plan would be necessary to
48 assure adequate and proper drainage and to meet-
49 the requirements the City had. made back in the
50 ' 60 ' s of Mr. Forsberg and Dr. Osterbauer to lower
51 their property to the .Belden street level;
52
53
54
55
-6-
1 said the City would not .be. ;able to determine just .
2 how, much earth` would have .to be taken off - the .
3 proposed lot without a sur.vey .and grading .and
4 drainage plans being submitted ,by .the. owner;
5
6 indicated Mr. Evanson was in the process of pre-.
7 paring all of the above and since they were not
8 available that night, no decisions about drain-
9 age could be made that night;
10
11 reported the City would also be requiring five
12 foot drainage and utility easements on the front/
13 sides of each of .the four lots ;
14
15 had provided .copies of the April 17th letter from
16 John Forsberg of 3512 Belden Drive, . whose
17 property abuts one of the undeveloped lots on the
18 north which gave the history of his arrangements
19 with the City related to the future development
20 of the Evanson property. His letter also told of
21 the litigation he and Dr . Osterbauer, his next
22 door neighbor, had been involved in with Mr.
23 Evanson' s parents who protested the grading the
24 City had required;
25
26 said both property owners were present that
27 evening to assure that adjacent lots are cut •
.28 down to a level which at least would.:allow. drain-
29 age to be.properly controlled' so there would be
30 no negative impact on their property following
31 construction of the four new homes.
32
33 Mr . Childs advised that it would be .difficult to guarantee that no
34 negative impact would result if the homes -were allowed to be built
35 on an individual basis with separate ownership and time schedules
36 -for construction. The City Manager concluded his report by saying
37 he had received no other communications, for or against the
38 proposal. He said the platting process would probably have to. be
39 followed but he perceived it would be beneficial to hear the
40 concerns of those who were present so Mr. Evanson could . take them
41 into account when the platting was done. Mr. Childs advised the
42 Commission to give Mr. Evanson enough. guidance that he could come
43 in with a final plat which would include drainage plans which
44 addressed the concerns of all concerned.
45
46 Testimony. was taken from the following:
47
48 The applicant, David G. Evanson, 2208 - 73rd Avenue N. , Brooklyn
49 Park:
50
51 -had told Mr. Childs the person who had been granted a vari-
S2 'ance to build a nonconforming home above .Mr. Forsberg had been
53 unable to buy the property after all and the -home being
54 considered for that lot now would- require no variance;
55
-7-
1 -told Mr: Forsberg and. 'Dr. . osterbauer he had .recently. purchased
2 the property and had.. not... been .involved twenty-two years . ago in
3 his ,parents' lawsuit against them;
4
5 . -said he would -not be involved in the construction of the new
6 homes;
7
8 -reported he had talked to all abutting property owners on
9 Belden and Silver Lake Road except Mr. Christen who was out of
10 town and all seemed happy to have the property developed,;
11 _
12 -.thought:-grading on Silver Lake Road side".would be minimal but
13 acknowledged the need for grading the Belden Street properties;
14
15 -said hadn' t set a price on individual lots but prospective
16 buyers had been concerned that the view of the Minneapolis
17 skyline be retained if possible; as many trees as possible
18 be preserved; and that the architectural integrity of the
19 homes they would build would be provided to match the exist-
20 ing homes on Belden;
21
22 -was concerned that he might have to pay all the grading costs
23 himself up front and that if grading for all homes was done
24 prior to platting, there might 'be erosion of earth from one lot
23 to another if all 'lots were not developed at the same time;
26
27 -wanted grading to be started on each lot at the onset of .con-
28 struction;
29
30 -said could cost him at least $5 , 000 if fill could be sold and
31 $10 , 000 if had to be taken away. Tree removal might also be
32 costly.
33
34 Mr. Childs suggested the developer could post a performance bond
35 with the agreement that the grading be done prior to the issuance
36 of the first building permit. Said that way, Mr. Evanson would not
37 have to pay for the grading up front and could get back his bond
38 after the City has verified proper grading had , been accomplished.
39 Mr. Evanson said he would- have to consider that option, which he
40 considered he would be more amenable to than having to grade the
41 entire parcel and seed it to prevent erosion between development
42 projects .
43
44 Lee Larwick, 2300 Greenview Drive, New Brighton
45
46 -indicated he owned the undeveloped 80 foot lot at 3516 Silver
47 Lake Road next to Mr. Evanson' s property which was also for
48 sale;
49
50 -said he wanted to see the property in .question sold .so he
51 -could sell his own property;
52
53
54
55
-8-
1 -wanted to.'know why Mr . Schroeder had not been required to grade
2 the lot he was .going to buy next to' him when he had been
3 granted ' a variance for his construction;
4
5 -was told that was - because that - involved only one property and
6 this issue involved a subdivision for which the City likes
7 to have all grading agreed to before platting. Mr. Childs
8 said Mr. Schroeder would have been required to do some grading
9 to develop. his .property as he had proposed.
10
11 Dr. Robert Osterbauer, 3504 Belden Drive and son, Joseph
12
13 -were told the existing City Ordinances don' t require homes to
14 be at street level or address elevations of driveways but the
15 City does- require -that properties be developed in such a man-
16 ner as not to -negatively impact on the neighbors;
17
18 -Dr. Osterbauer said .he would prefer not to see the property
19 developed 'at all because the path which has been worn through
20 the property over the years channels the runoff onto the street
21 and not onto his property;
22
23 -the Chair Pro Tem told them the engineers Mr. Evanson retained
24 would be advising him about what drainage would be required and
25 the developer would be unable to. provide that information that
26 evening.
27 �.
28 Mr . Forsberg:
29
30 -reiterated that he hoped the Evanson property could be
31 developed as long as the developer is required to grade his
32 property to match what was required of him when he built his
33 home; .
34
35 -he said the lawsuit had resulted when he had asked to have the
36 Evanson property sloped down to protect his property. He had
37 put in a retaining wall when that had not been accomplished in
38 spite of both parties incurring substantial court costs .
39
40 Two prospective buyers of lots from Mr. Evanson expressed their
41 concerns - about the resultant lots after the City' s requirements are
42 met.
43
44 Chris Paidosh, 3155 Old Highway 8
45
46 -estimated .the lot he was interested in buying -was 16 feet off
47 street level and about even with the top of Dr. Osterbauer' s .
48 garage;
49
50 -said a builder had told him the excavated dirt would have to be
51 taken from the site before a house could be built there;
52
53
54
55
-9-
1 perceived it might be -too- severe. to- require the undeveloped
.2 lots': to 'be graded 't o the same level . as the -existing- homes on
3 Belden and that a four :or five foot .differential. might.be
4 reasonable;
5
6 wanted assurance -that the lots would be buildable, but would
7- not put- undue hardship on the neighbors because of drainage or
8 to have drainage problems himself;
9'
10 , -said he and his fiancee who was with him, would naturally like
11 to keep the existing view of the skyline, but that would not be
12 the deciding factor in -their -decision to build.
13
14 Kurt Matthys, 9760 Monroe Street, Blaine
15
16 indicated he was interested. in one of the lots which front on
17 Silver Lake Road and would not- like to have a high dropoff
18 between his and his neighbor ' s property on Belden Drive;
19
20 -wanted as many trees preserved on his lot as possible to shield
21 his home from the noise on Silver Lake Road.
22
2-3- Mr. Childs said he was recommending the Planning Commission suggest.
24 the subdivision without .platting be denied and that the 'Council
25 direct the developer to return simultaneously with a final plat for
• 26 four lots and a drainage plan for Commission consideration at a
27 future meeting where the neighbors would be able to react to both
28 plans. The Manager reiterated that whatever arrangement the City
29 had made with Mr. Forsberg and Dr. Osterbauer related to retaining
30 walls would be part of the basis for establishing grading for the
31 undeveloped lots. He suggested there might be agreements reached
32 whereby the grading for the new lots might be stepped up and
33 retaining walls provided on the back of those properties as well.
34
35 There were no further concerns expressed and the hearing was closed
- 36 at 9 : 00 P.M.
37
38 Commission Recommendation
39
40 Commissioner Madden said he would not entirely rule out the
41 subdivision -without platting 'for this property but agreed it should
42 be denied at this point. -
43
44 Motion by Madden, seconded by Werenicz to recommend that the
45 Council deny the request from David Evanson to subdivide without
46 Platting the property at approximately 3512 Silver ' Lake Road at
47 least for the present and instead,.'direct • the applicant to prepare
48 a -final plat and a grading -plan which would be consistent. with the
49 City' s requirements and the neighbors ';. concerns about drainage.
50 -The plan should also satisfy the City as ,-to the proper legal
51 descriptions for the property and provide for 5 foot drainage and
52 utility easements similar to those provided for the Johnson and
53 Hertog subdivisions.
54
55
-10-
4"'.
: i :. Motion carried unanimously.
3 The meeting was .recessed . from ,9 : 12 P.M., to 9 : 17 P.M.
4
5 - UNFINISHED BUSINESS
i
6
-: .7 .Approval Recommended for Nelson Request for Setback Variance for
8 3412 Roosevelt Street N.E.
9
10 The above had been tabled at the last meeting to allow the
ll . applicant and his neighbor to try to work out their differences
12 relatedto Mr. Nelson' s proposal to convert his *existing single
13 garage to a 'four car double garage which because of his home' s
14 siting on his lot. would require a four -foot sideyard setback
15 variance to construct.
16
17 Motion by Werenicz seconded by Wingard to take the above request .
18 off the table.
19
20 Motion carried unanimously.
21
22 Mr. Nelson testified that his meeting with his neighbor had not
23 been held until the previous Friday when Mrs . Ittner had indicated
24 she would like to consult with her family on Easter Sunday about
25 the matter.
26
27. Mrs . Ittner and her son, Paul Szurek, were present and the latter
28 told the Commissioners his mother was still .. concerned about the
29 runoff from . the new addition and wanted the construction -.to be
30 delayed so the next owner could have input related to its size and
31 location.
32
33 When he conceded that potential - buyers had been "put on hold
34 because it was taking so long to get the house emptied out" ; that
35 the real estate company had not even quoted a price for the home,
36 the Commissioners concurred that it would not be fair to make the
37 Nelsons wait -indefinitely for the Ittner home to be sold. The
38 Commissioners also questioned Mrs. Ittner ' s concerns about the
39 addition runoff increasing her water problems, perceiving that the
4.0 ' plans he had presented that evening for diverting the runoff ,would
4.1 in all likelihood improve the present situation. There was also
42 Commissioner agreement that a double garage would probably enhance
43 rather than detract from that neighborhood. Mrs. Ittner' s
44 suggestion that the Nelson garage be sited further back on the
45 property to avoid annoyance to whoever lived there next was not
46 • considered reasonable. The Chair Pro Tem told her a long driveway
47 would probably add to her water problems.
48
4'g No one ' else- appeared -to provide input to the consideration and the
50 hearing was closed at 9 : 35 P.M.
51
52
53 �-
54
55
Q , a8, 1C/
-5-
even with the-'additional sign, the total square footage would be in
compliance with .the amount ,of signage the Ordinance permits the com-
plex;
-all three conditions required, to be satisified affirmatively have
been done so with this proposal; and
there. was no .opposition demonstrated to the variances being granted .
either- prior .to. or during the Commission hearing. or Council considera-
tion of the request.
Motion carried unanimously.
Drainage Plan to be Required for Subdivision without Platting of Parcel
} V._? Owned by David Evanson at Approximately 3512 Silver Lake Road
'1 Application: for subdivision without platting of Lot 5, Block 6,
Gardenia Acres- into four single family, residential lots
approximately 75 feet by 131 feet in size. Two lots
would front on the 3500 block. of' Silver Lake Road and
the other two would have frontages on the 3500 block on
Belden Drive N.E.
-� Hansen: reiterated the minutes report of concern from the Bel
den Drive neighbors about how the lots would be devel-
oped and whether there would be runoff from the devel-
oped lots which might prove harmful to their properties;
pointed out that the history of controversy between
these neighbors and the Evanson family had been docu-
mented in the data provided in the Council' s agenda
packet as well as covered in the Commission minutes of
the hearing;
indicated those neighbors were anxious to see the plans,
especially for grading and drainage, before the develop-
ment is approved by the City.
Staff report: - Mr.. Childs had included his April 16th memorandum to-
the Commission on this development in the Council' s
agenda packet;
said the property. owner would be required to submit a
grade plan showing elevations, drainage lines, etc. ,. :
along with a final plan for Planning Commission consi
deration and neighbor input, probably next month.
• Proponent: David G. Evanson, 2208 - 73rd Avenue North, Brooklyn
Park:
-6-
= reported drainage plans_ were. being drawn by the . sur-
veyors which - he hoped would be . available. that weekend
for showing to the neighbors;
said his property does "crown"' the area between Silver
Lake Road and Belden- Drive and- the . Belden tide . is- much
lower;
_ agreed with Councilmember Marks that the particular
property posed an opportunity for some "innovative
architecture" when it came to homes to be built- there;
reported some prospective buyers were already consider-
ing plans for either multi-level or semi-contemporary
homes which could take advantage of the view of - the
Minneapolis skyline without being obtrusive in relation
to the existing homes in the area;
told Councilmember Enrooth the grading plan would show
suggested home styles for particular lots based on topo-
graphy which should avoid the "chaotic" appearance the
Councilmember was concerned might result from too much
diversity;
indicated Chris Paidosch and his financee were inter-
ested in one of the lots and were only present that
evening to observe the proceedings ;
agreed with both. Councilmembers Marks and Enrooth that
in all probability the lots would not have to be leveled
to the Belden Street grade, nor would all the trees
have to be removed.
Childs perceived some compromise on elevations would be nec-
essary because he knew the neighbor to the north would
prefer to have all the earth to the south removed.
Evanson said if a grading plan is approved by the neighbors,
Commission and Council, he perceived it might be nec--.
essary to delay the actual grading until driveways,
homes, etc. are completed to avoid removal of vegeta-
tion which currently holds back erosion down into the
street.
Commission.
recommendation:.. to deny subdivision -without platting until after
grading and elevations are approved for a final plat.
Council Action
Motion by Enrooth, seconded by Makowske• to deny . the request from David
Evanson to subdivide without platting the property at approximately 3512
Silver Lake 'Road, at least for the : present and.-instead, direct the
applicant to prepare_ a final plat and a. grading. plan which would .be
consistent with.-the City' s requirements and the neighbors' concerns about
drainage and utility easements similar to those required for the Johnson
and He_rtog subdivisions.
Motion carried unanimously.
Nelson Request for Setback Variance .for Attached Garage, Etc.. at .3412
Roosevelt- Street N.E. Approved
Application: from Dwayne and Nancy Nelson of the above address for a
variance from the setback regulations of the Zoning
Ordinance to allow construction of an addition to the
south and west sides of the existing single car garage
to within 6 feet of the south property line.
Commission
recommendation: Hansen indicated the Commission minutes had reflected
the intent of the .Commission to not further delay action
on the request;
said the applicant and his adjoining neighbor had been
given a month to settle their differences and the
Ccmmission conclusion had been that it would not be
fair to either party to delay a decision any further;
indicated the Commission was now recommending Council
approval of the proposed addition.
Proponents : Nancy Nelson and her daughter, Kris, who indicated their
desire to get on with the project.
Opponents : no one was present to speak against the variances.
Council Action
Motion by Enrooth, seconded by Marks to grant Dwayne and Nancy Nelson a 4
foot sideyard setback variance for the 22 foot wide attached double
garage they propose to construct on their property at 3.412 Roosevelt
Street N.E. on the condition the gutter system is put in to drain runoff.
away from the adjoining property. .
In granting this variance, the Council finds, a$. did the Planning
. .Commission, that:
-the City had already given the neighbors a month to compromise their
differences;
• -any further delay would impose an undue hardship on the applicants '
plans for construction;
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7601-73rd Avenue Nodh 560.3093
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�• 1 b. there -was no one present during-the hearing who spoke in opposition to the
2 variance and staff reported receiving no calls for or against the request
3 prior to the hearing;
4
5 - C. the alleyway between this property and St. Anthony Boulevard is not a
6 thoroughway and, therefore, a 30 foot setback in this instance might be .
7 . ,excessive; and
g d. extending the breezeway would bring it into alignment with the existing
10 garage.
11 -
Motion carried unanimously.
12 _,;
14 .REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH FACILITY FOR DAIRY QUEEN
r 15
16 The Chair opened the hearing at 7:54 P.M.
+ l
17 and mailed
8 Notice of the hearing had been published in the October 8th Bulletin
;. 19 to all property owners of record within 350 feet of the subject property. No
20 one present reported failure to receive the notice or objected to its content.
21
22 Request: conditional use permit in a commercial zone to include a drive-through
.23 window as part of an expansion and remodeling project in the St.
24 Anthony Shopping .Center.
25
26 Proponents: Albert Plaisted, 5210 O'Connell Drive, Moundsview, owner
(. 27 Charles Anderson, 2827 Helen Street, Maplewood, contractor
28
29 Opponents: none.
30
31 Staff input: indicated no change from current traffic flow planned;
32 raised no objections to request;
33
34 showed colored sketch of plans the St. Anthony Shopping Center
35 owners have indicated they intend to implement by March, 1987
36 on which the applicant has indicated he intended to model his
37 existing structure;
38 suggested curbings rather than lines might better distinguish
39 the traffic direction for its drive-through customers. He said
40 the existing traffic arrow in the same area had only been intended
41 by the shopping center management to indicate slant parking.
4 2,
43 Proponents' Response to Commission Questions
44
45 Traffic flow: west to east past window with ample room for two vehicles
46 to pass if driver attempted to follow existing patterns.
47
4 8 Eberhardt wants traffic flow to remain as is with no curbings
because of snow storage;
50 from one to three existing parking stalls to be removed;
51
5 2 Center anticipates no -need to use parking near Dairy Queen
53 because parking forecasts have been revised.
54
55 Building to match proposed center store front renovation: bronze
56 design: mansard roof with light blue brick facia, signage on mansard
57 to match center plans;
_ -4-
1 'structure to be expanded 388 square feet with window;
2 installed 1.5 feet west of backside allowing three cars to
3 be stacked west to east;
4
5 would maintain walk-in service from two foot expansion in
6 - °front;-
7 area to rear would accommodate storage lost 'in existing
8 second story;
9
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
13 all Dairy Queen stores are dropping barn-like design.
14 Facility: drive-through-window would be used by 20% of customers from
15 "day one" .
16
17 Lease: center agreed to have store- closed over holidays.
18 -
19 The hearing closed at.8:12 P.M.
20 -
. 21 Commission Recommends Permit Be Granted
22
23 Motion by Hansen, seconded by Wagner to 'recommend the 'Council grant ,the requested
24 conditional use permit in a commercial zone to Albert Plaisted which would allow
25 the construction of a drive-through window at the Dairy Queen, 2612 Highway
• 2 6 88, as part of his proposal to expand and remodel his store at that location
28 on the conditon that markings on the surface of the adjacent parking area
as well as 'signage be provided to direct traffic past the drive-through window
29
in a proper manner.
30
31 In recommending the Council grant the permit, the Planning Commission finds
32 that:
33
34 1 . the applicant had answered all three questions on the application in
35 the affirmative as required by statute;
36
37 2. the addition of the drive-through facility would not appear to interfere
38 with existing traffic flow patterns or cause unusual congestion problems
39 that would be peculiar to that area;
40 -
41 3. no one appeared during the hearing to .speak in opposition to the proposal
42 and staff reported receiving no calls against it prior to the hearing;
43
44 4. the applicant appears to be making every effort to upgrade his property,
45 improve its appearance, and bring it into conformance with what is
±.
r , 46 :,•' :° seen' to' be a- positive approach by the owners to upgrade the entire
ih14 8 _ shopp.i ng:tcenter_.
49 Motion carried unanimously.
51 REQUEST FOR ADDITIONAL -SIGNAGE FOR DAIRY QUEEN
53 The Chair opened the hearing at 8:15 P.M.
54
55 ,
- 1 structure to be expanded 388- square-feet with window;
2
3 installed 15 feet west of backside allowing three cars to
4 be stacked west to east;
5 would maintain walk-in service from two foot expansion in
6 front;
7 area to rear would accommodate storage lost in existing
8 second story;
9
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
12 -
13 all Dairy Queen stores are dropping barn-like design.
_
14 Facility: drive-through window would be used by 20% of customers from
15 "day one" .
16
17
Lease: center agreed to have store-. closed over holidays.
19 The hearing closed at 8: 12 P.M.
20
21 Commission Recommends Permit Be Granted
22
23 Motion by Hansen, seconded by Wagner to recommend the Council grant the requested
24 conditional use permit in a commercial zone to Albert Plaisted which would allow
2 6 the construction of a drive-through window at the Dairy Queen, 2612 Highway
2 88, as part of his proposal to expand and remodel his store at that location
• on the conditon that markings on the surface of the adjacent parking area
28 �-
as well as signage be provided to direct traffic past the drive-through window
29
in a proper manner.
30
31 In recommending the Council grant the permit, the Planning Commission finds
32 that:
33
34 1 . the applicant had answered all three questions on the application in
35 the affirmative as required by statute;
3,6
37 2. the addition of the drive-through facility would not appear to interfere
38 with existing traffic flow patterns or cause unusual congestion problems
39 that would be peculiar to that area;
40
41 3. no one appeared during the hearing to speak in opposition to the proposal
42 and staff reported receiving no calls against it prior to the hearing;
43
44 4. the applicant appears to be making every effort to upgrade his property,
45 . : improve its appearance, and bring- it into conformance with what is
46 . seen 'to be a positive approach by the owners..to upgrade the -entire
47 shopping center.
49 ' Motion carried unanimously.
51 REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
r
52
' 5 3 The Chair opened the hearing at 8:15 P.M:
54
55
' -5-
1 Notice 'of the hearing had been published in the October. 8th Bulletin and mailed
2 to all property owners of record within '200 feet of subject property. No
3 one reported .failure to receive the notice or objected to its content.
4
5 Requested: 'variance 'for* a free-standing sign (60 square feet on each side)
6 for service establishment in addition to logo to be added to new
7 - mansard roof on building:
8
9 Proponents:- Albert Pla-isted and Charles Anderson (same as for conditional
10 use pemi,t) .
11
12 Opponents:. none.
13 -.
14 Staff input: suggested recommendation of denial because center already has
15 large-:pylon sign;
16 proposed two alternatives available to applicant:
17
18 a. - wall signage in lieu of existing non-conforming roof
19 -.sign; or
20 b. leave that signage in place rather than lose "grandfathered-in"
21
-status.
22
2 3 reported Eberhardt representative had met with- center owners
2 4 in New York and a plant for renovating the store fronts and
2 5 for uniform signage for the center had been developed as per
26 colored sketch provided the City;
(. 27 perceived pressures from City, Merchants Association, and three
2 8 new tenants in center resulted in center owner -allocating money
29
30 for proposed changes;
31 told applicant the current City Ordinance allows only gas stations
32 and shopping centers to have pylon signage, hence the sign on
33 the Mobil station next door.
34
35 Proponents Discussion of Their Request
36
37 believed should be allowed same type of signage as Mobil station next door
38 since only two free-standing buildings in center;
39 wanted free-standing sign to advertise specials and better store recognition
40 from Highway 88 if rotating sign is -removed;
4L -
42 wants_to maintain-existing .sign on roof if request for this sign is refused;
43 sign is part'of mansard roof which all Dairy Queen stores would be having
45'r,. -.from:now on. : N
46 Commission -Response .,
47 _ -
4 8 '—Franzese: ' :not` happy','about. secon'd`signs City has already approved in that
49 t..:area.
50
51, Madden: supported the ordinance restriction of pylon signs;
5.2 . . : told the applicant the Commission could only address his request
53 . -for a free-standing sign at that hearing and the status of the
54 rotating sign he currently has on his building would not change
.'as long as it is not altered more than 70%;
C)
-6-
• = -:1 ;..,.
: suggested applicant sit down with .staff to explore his other options
2
.. for signage acceptable to the City.:
4 Hansen: would oppose any expansion of signage until 'he sees how new plans
for this center and the Kenzie Terrace Redevelopment Authority
5
project -.in the adjoining center progress.
7 Werenicz: perceived store needed some- identification because Mobil statibn
8 somewhat obstructed view from north but concurred with other Com-
9 missioners that signage need not be a free-standing sign.
10
11 The hearing was closed at 8:25 P.M.
12 _
13 Commission Recommends Council Deny Free-Standing Sign for Dairy Queen
14 _
15 Motion by Madden, seconded by Werenicz to recommend the Council deny the request
16 for a free-standing sign for the .St. Anthony Dairy Queen at 2612 Highway 88,
17 in anticipation that uniform signage for the entire shopping center would
18 be forthcoming and the City could best deal with that probability by not granting
y 19 any further signage variances in the St. Anthony Shopping Center.
0
21 Motion carried unanimously.
23 REQUEST FOR SIGNAGE FOR J. T. VARGAS REAL ESTATE OFFICE AT 3909 SILVER LAKE ROAD
24
25 The Chair opened the hearing at 8:37 P.M.
26
•�' 2.7 Notice of the hearing had been published in the October 8th Bulletin and mailed to
28 all property owners of record within 200 feet of the subject property.
29
30 Request: variance to Ordinance regulations related to free-standing signs
31 - to allow installation of an 8 foot X 3 foot (24 square feet on each
32 -side) sign in same location where several unacceptable signs for
33 previous tenants had been sited.
34
35 Proponents: Jose T. Vargas, same address.
36
37 Opponents: .�- none (and no calls received by staff) .
38
39 Staff,.input: perceived neither the sign erected by the last tenant nor the
40 sketch of the sign the applicant proposes to replace it with
41 was exactly what the Commission had in mind for the "groundhugging
42, "`' °<< ' -'fa sign which should have had no more than six inches between
43 it and the berm below -it" the City had previously approved;
44 recommend approval only if sign extends the full length of the
45 ; berm or is reduced to fit the berm;
46
47 agreed to let Mr. Vargas know the following day whether 'there
4 8 ; . ,,.would.be adequate ,space between the berm and the County right-of-way
49 > to provide the required setback if he sloped the berm towards
50 the street;
- .51.-.: . : -suggested the townhome signage next door would be a good model
• 52
53 to follow.
_
54
55'
I
Motion carried unanimously
�• PLAISTED REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH VINDOW FOR DAIRY UQ EEN
Application for: conditional. use permit in a commercial zone to. include a drive-
through window in the expansion and remodeling of that St. Anthony
Shopping Center store.
Proponents: Albert Plaisted, 5210. O'Connell Drive, Moundsview, MN (owner) _ —
Charles Anderson of Blue Line Construction, North St. Paul (contractor)
Opponents: None.
Staff input: provided picture of another Dairy Queen store which would differ
from this one mainly in that no roof would be constructed over the
drive-through area;
raised no objections to request.
Commission recommendation.: approval with conditions related to traffic flow
patterns.
Council Action:
z
Motion by Marks, seconded by Makowske to grant the requested conditonal use permit in
a commercial zone to Albert Plaisted which would allow the inclusion of a drive-
through window in conjunction with the proposed expansion and remodeling of the Dairy
Queen at 2612 Highway 88 on the conditon that markings on the surface of the adjacent
parking area as well as signage be provided to direct the traffic past the drive-
through window in a proper manner.
In granting the permit, the Council finds, as did the Planning Commission, that:
1 . the applicant had answered all three questions in the application in the
affirmative as required by statute;
2. the addition of the drive-through window would not interfere with existing
traffic flow patterns or cause congestion problems that would be peculiar
to that area;
3. no opposition to the permit was demonstrated at either the October 21st
Commission hearing or the Council consideration October 28th, and staff.
reported receiving no calls related to the variance prior to either meeting; an(
4. the applicant appears to be making every effort to upgrade his property,
improve its appearance, and to bring it into conformance with what is seen
to be a positive approach by the center owners to upgrade the entire shop- _
ping center.
Motion carried unanimously.
REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
Application for: variance to Sign Ordinance which: would allow a free-standing sign
(60 square feet on each side) in addition to logo on new roof.
Motion carried unanimously.
PLAISTED REQUEST FOR-.CONDITIONAL USE PERMIT FOR DRIVE-THROUGH WINDOW FOR DAIRY QUEEN
Application for: conditional use permit in a commercial zone. to include a drive-
through window in the expansion and remode ling "of' that St. Anthony
Shopping Center store. '
Proponents: -Albert Plaisted, 5210 O'Connell Drive, Moundsviews.•MN=(owner)
Charles Anderson of Blue Line Construction, North St.' Paul '(contractor)
Opponents: None.
Staff input: provided picture of another Dairy Queen store which would differ
from this one mainly in that no roof would be constructed over the
drive-through area; .
raised no objections to request.
Commission recommendation: approval with conditions related to traffic flow
patterns.
Council Action:
Motion by Marks, seconded by Makowske to grant the requested conditonal use permit in
a commercial zone to Albert Plaisted which would allow the inclusion of a drive-
through window in conjunction with the proposed expansion and remodeling of the Dairy
Queen at 2612 Highway 88 on the conditon that markings on the surface of the adjacent
•� parking area as well as signage be provided to direct the traffic past the drive-
through window in a proper manner.
In granting the permit, the Council finds, as did the Planning Commission, that:
1 . the applicant had answered all three questions in the application in the
affirmative as required by statute;
2. the addition of the drive-through window would not interfere with existing
traffic flow patterns or cause congestion problems that would be peculiar
to that area;
3. "no opposition to the. permit was- demonstrated at either the October 21st
Commission hearing or the Council consideration October 28th, and staff
reported receiving no calls related-to- the variance prior` to either meeting; and
4. the applicant appears to be making every effort to upgrade his. property,
improve its appearance, and to bring it into conformance with what is seen
to be a positive approach by the center owners to upgrade the entire shop-
ping center.
Motion carried unanimously.
REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
Application fo•r: variance to Sign Ordinance which would allow a free-standing sign
(60. 'square feet 'on each side) in -addition to. logo on new roof.
!r
-4-
Proponents: same as for conditional use permit.
1'
Opponents: none.
Commission recommendation: ` -agreed with staff .recommendation that "pylon" sign
should not be allowed.
Council Reaction:
Makowske - told proponents that free-standing signs had been denied for Zantigo
Restaurant in Apache Plaza as well as other types of City businesses
in the past.
Ranallo - said the Council had also denied additional signage for Slumberland;..
etc. in the same center to avoid proliferation of signage.
Sundland - recalled a long history of opposition to "pylon" signs in St. Anthony.
Marks - agreed with Commission suggestion that a moratorium on further signage
in the center be imposed in anticipation of a uniform sign policy
being instituted with the new store -fronts.
A colored drawing of what the Eberhardt Company envisioned the St. Anthony Shopping
Center would look like after the new store fronts and canopy over the walks
had been installed with the funds the center owners had allocated for that purpose
had been shown by staff at both the Commission hearing and that evening.
• The Dairy Queen owner told the Councilmembers his decision to remodel his own
__:_store to conform to that design had been predicated upon ._the "verbal " agreement
he had with Lara Seven, -who manages the center for Eberhardt, who he said he
considered to be "one of the best manager's they've ever had down there, having
found tenants for all the empty stores with a waiting list to fill any future
vacancies". Mr. Plaisted said he perceived the owner's willingness to finally
make these improvements had to some degree resulted from the manager's telling
them he had threatened to move his Dairy Queen away from the center if substantial
improvements to the center as' a whole were not made immediately. Other factor's
in that decision, as the franchise owner saw them, were the fact that the Eberhardt
representative recognized that "there wasn't a single store owner in the center
who didn't want the improvements made and that the City's patience with the
owner' s failure to make any changes down there had just about run out" .
There was a general Council concurrence with the last statement and Councilmember
-Ranallo added that the City had even offered to support Industrial Development
Bond financing for those improvements.
Mr. Childs pointed out that there would still be a- Dairy Queen. logo on -the mansard
roof which would be in keeping with the signage proposed for the rest of the
stores in that shopping center and that the existing revolving sign on top of
the building now had been "grandfathered in" with the new Sign Ordinance.
Motion by Marks, seconded by Enrooth to follow the Planning Commission recommenda-
tion to deny the request for a free-standing sign for ..the St. Anthony Dairy
Queen 'at *2612 Highway 88". in ,anticipation that uniform signage for the entire
shopping '"center would be forthcoming and the City could best deal with that
probability by not -granting any further signage variances in the St. Anthony
Shopping Center.
Motion carried unanimously.
•
C 2 TY OE' ST � ANTHONY
COUY�C2 L M2NUTES
,&.:P 3R_X TL. 1 3- 98.7
The meeting, which followed the Board of Review, opened at 7: 38 P.M. with
the Pledge of Allegiance led by Mayor Sundland.
Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske.
Also present': David Childs, City Manager
William Soth, City Attorney
Don Hickerson, Chief of Police
.Ray. Nelson, Liquor Operations Manager
Beverly Fix and Jodi Brandt Recognized for Their Life Saving Efforts
Mayor Sundland presented Community Service awards to Beverly Fix, 2015-
19th , Avenue N.E. , Minneapolis, and Jodi Brandt, 5080 R.ainbow. Lane,
Moundsview, for saving the life of Eleanor Hawbaker, 2710 Stin°son
• Boulevard, in the Snyder Bros. Drug Store the morning of February 24 ,
1987 . He read. aloud Chief Hickerson' s February 25th memorandum to the
Council _recommending special recognition be given these two for their
quick response to an apparent heart attack victim. In his memorandum,
the Chief had reported St. Anthony Officer Ferguson had told him the fact
that Beverly, a customer in the store, and Jodi, an employee, had
immediately responded with CPR when Mrs. . Hawbaker collapsed. in. the store
had probably been directly responsible for. saving the victim' s life.
The- Mayor told the two women that it was certainly. a pleasure in times
like these where people are afraid of getting involved, to find persons
like themselves who are willing to take a risk to save someone else. He
then presented the plaques commemorating their "outstanding service" to
Ms . Fix and Ms . Brandt in the presence of a large number of their family
members - and friends. Chief Hickerson shook each of -their- hands- as
well.
Progress Report Given by Outgoing Director of North Suburban Youth
Service Bureau, Dave Wilmes
Before giving the above,• _ Mr. Wilmes commented on how moving it had been
for him to witness th,6'outpouring of. support given the two heroines by
their families that evening, because "families is what the Bureau is all
about. " The Bureau Director said he would be leaving• the agency after
2-1/2 years of redirecting its funding to a more aggresive program. He
• said the funding goals are aimed at collecting $250, 000 in two years and
where the previous efforts were 85% directed towards obtaining tax based
n + J
-2-
funds, that percentage would be reduced to 45%., with 30% from fees and •
third party insurance reimbursement for services and between 20% and 25%
from private sector fund raising. However, Mr. Wilmes said, he perceived
to preclude tax based support would be disastrous because it would
cripple the other fund raising efforts.
The Bureau Director said the need for more family oriented programs had.
grown to the point where those programs could never be supported under
the old method of funding. He said the additional funds are needed to
support the Bureau' s mental health program' s access to psychiatric-
services as well as to increase the Bureau' s involvement in youth
diversion, restitution and employment services.
Mr. Wilmes distributed copies of the agency' s new brochures and its
newsletter as -well as the ..1985 activity list which he had mistakenly
brought instead of the 1986 listing. Councilmember Marks, who chairs
the Bureau Executive Board, gave each Councilmember a copy of the
Bureau' s promotional card containing referral numbers and resource lists
of agencies where 24 hour crisis service is. available.
The Bureau services to St. Anthony continue to be conduited through the
schools. Mr.. Wilmes said the agency continues to work intensely not
only with the public schools, but St. Charles as well.
St. Anthony referrals from shoplifting, restitution, and employment have •
been very positive according - to the, Bureau Director. He and
Councilmember Marks discussed - the importance of having. .first time
-offenders referred to the, -Bureau by the courts indicating .they believed
such refterrals had probably cut down the instances of .recidividism .from
50% to 10% thereby saving many kids and their families from entering the ,
criminal justice system...- This also saved a . good deal of� public money,
Mr. Wilmes added., He told Councilmember Ranallo the North Suburban;
Youth Service Bureau is one of seven such organizations in the
metropolitan area and of 24 statewide which are part of Youth
. Intervention Programming (YIPI ) . He said he considered it "criminal"
that the 'state contribution to the program -.is almost the same as St.
Anthony' s.
The . Mayor .congratulated the-Director for moving the fund raising into
the private - sector, who . he perceived in spite of taxpayers'
misconceptions, continues to be willing to give to these types of needs.
Councilmember Marks thanked Mr. Wilmes for his report and indicated the
Executive Board would be meeting the next morning to officially appoint
his successor.
Mr. Wilmes told the Council he . had been involved in'' a number of non-
profit organizations but found his Bureau association to be one of the
most. satisfying.
• -3-
MARCH 24:., 1987 COUNCIL MINUTES
Motion by Makowske, seconded by Marks to approve the above with the
following changes:
Page 4 , para. 2: Substitute for Mr. Childs statement: "the City does
not compete with other public entities like a pri-
vate hospital would compete with a public funded
hospital. " , for Mr. Childs' statement.
Page 7 , para. 4 : Rewrite to say "The Council accepted the Planning
Commission' s recommendation for allocating $26, 460
in CDBG funds. The City may or may not get ' the
funds because of the President' s budget. "
Page 9, para. 4: Correct typo "khe" line 8 .
Page 12, para. 4: Substitute . "opened" for "accepted" in line 2 .
Page 13 , para. 6: Substitute "would be available" for "would work" .
in line 2.
tMotion carried unanimously.
APRIL 2, 1987 SPECIAL COUNCIL MEETING MINUTES .
Motion by ' Enrooth, seconded by Sundland to approve the above.,with the
following- change:
Page 1,•' para. 8: Substitute "reviewing with" for "refreshing" in
line 1 .
Motion carried unanimously.
Seguence- of -Agenda Items Adjusted
Mr. Childs requested Items H (b) and (d) be moved up on the agenda so Mr.
Nelson would not have to ,wait until the end of the meeting to. provide his
input related to those issues. His suggestion was accepted.
NEW BUSINESS
Resolution Against Legislation Allowing Sale of Wine .in Grocery Stores
Adopted
The format of a letter the City Manager was proposing be sent to Senator
John Marty had been provided Councilmembers and supporting data had been
included in the agenda. , packet. Mr. Childs reported the legislator had
taken no position on the issue when the Manager had talked to him. The
Senator had said he was not opposed to the sale of wine in grocery stores
per se but was concerned about the loss of this major revenue source for
St. Anthony. At the suggestion of Councilmember Makowske, the issues
mentioned in the letter were rearranged in • the order of their importance
to - the City. The letter was to be' delivered by messenger and hand-
delivered to Senator Marty by Councilmember Marks.
The Manager was requested to incorporate the general' thoughts of the
letter into Resolution 87-015, . " and " to send copies to the Executive
Secretary of the Municipal Liquor Stores Association and to other state
legislators, including Senators Novak and Pogemiller and Representatives
Rose, Sarna, and Wynia.
Mr. Nelson indicated this legislation would be bad enough for the City' s
liquor operation but if the strong beer bill was also passed, the City
would be facing a severe revenue loss.
Council Action
Motion by Sundland, seconded by Enrooth to adopt Resolution 87-015.
RESOLUTION 87-015
A RESOLUTION AGAINST LEGISLATIVE PASSAGE
TO' ALLOW THE SALE OF WINE IN GROCERY STORES
Motion carried unanimously. •
Bids Awarded for Stonehouse Audio, Lighting and Video System
Mr. Nelson reported only one bid' had been submitted for the above and he
was recommending the Entertech bid for $31 , 331 be accepted per the
specifications. The Liquor Manager indicated further that:
-so far, $112, 000 had been bid for the bar addition with the furniture
costs to be rebid as ordered by the Council;
-it appeared the bar costs would come in under the $150, 000 provided
for that portion of the project; -
-the whole bar project had been designed around the. sound system
which he considered to be more important than the restaurant which
had been dropped from the plans in November when the total project
had been bid too high to build; -
-he and Mr. Hamer had redrawn the plans to include the kitchen .and.
extra seating addition which they would present to the Council if the
off-sale addition was bid low- enough to keep the entire project under
the $500,000 the Council had said it would spend;
-he thought the extra seating addition would be necessary -to provide
enough seating to entice a restaurant owner into putting a restaurant •
in;
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Mr. Nelson told Councilmember Ranallo that, although he considered the
restaurant to be important, he was convinced the bar would -succeed
without it.
The Council responded by. saying:
Makowske -recalled she and Councilmember Marks had thought from the
start that serving food along with alcoholic drinks might
alleviate some of the problems inherent in running a bar. ,
Sundland -said he wanted assurances that the restaurant concept had.
not been entirely - eliminated from the project.
Ranallo -told Mr. Nelson it was up to him to get back the customers
the liquor operation had lost. to other operations with what-
ever changes he made. Wondered whether the sound system
would accomplish that better than the restaurant.
Mr. Childs said he understood the Council' s direction had been to do. the
bar section first and then with a 'budget of $150 ,000 plan for the
kitchen and extra seating area in phases with whatever dollars are left
over after the off-sale bids come in or whenever the money becomes
available
• Council Action
Motion by Marks, seconded by Makowske to award the contract for $31 , 331
to Entertechn for audio, lighting fixtures and the video system for the
Stonehouse renovation project; per the specifications.
Motion carried unanimously.
LICENSES/PERMITS/PETITIONS
Motion by Marks, seconded by Enrooth to allow the BUM Post of the
.Knights of Columbus to conduct a Tootsie Roll fund raiser in St. Anthony
April 24. and 25, 1987 , as proposed by the project chairman, Jim Ardito.
Motion carried unanimously.
Motion by Makowske, seconded by Enrooth to grant the following licenses
as they were listed in the Council' s April 14th agenda packet:
Amusement
St Anthony Liquor (5 )
Contractors
• Outdoor Development
Action Design Remodelers
Heating
.Heating & Cooling Two, Inc.
Rubbish Hauling'
Gallaghers. Service, Inc
Motion carried unanimously.
Temporary 3 2 Beer Permits for City Parks :
Motion by Ranallo, seconded by Sundland to grant a permit for the
consumption of 3 .2 beer .to Susan--V. Johnson,. 3100 - 29th Avenue N.E. for
the Minneapolis Emergency Communications and Police softball tournament
and barbeque 'to be held in Silver. Point .Park, May 3 ,1987 . The permit is
granted only until 10: 00 P.M. which is the time the park officially
closes.
The Council also grants a permit to Shirley Nordahl, 3513 Skycroft. Drive,
for the family picnic to be held. in Central Park from noon until 8 : 00
P.M. , Mother' s Day, May. 10 , 1987 .
Voting on the motion: •
Aye: Ranallo, Sundland, Enrooth, Makowske.
Nay: Marks (reiterated opposition to beer being served .in •parks) .
Motion carried.
. CLAIMS -
Motion by "Marks, -seconded ' by Ranallo to approve payment of all the
verified claims for City accounts payable for. March 31, 1987 ( 2 ). and
April 14 , 1987 • ( 1 ) which were included in the agenda -packet. 'and provided
-by staff. The Council also approves all the liquor accounts payable for
March 31st listed in the agenda packet.
Motion carried unanimously.
Motion by Marks, seconded by Enrooth to approve the following claims as
they were listed in the agenda packet:
*$6,690 .00 to be paid to Maple Grove •Heating & Air Conditioning for
the installation of a 3-1/2 ton air conditioning system in the City
administrative offices;
*$1 , 835 . 25 to the Edward J. Hance law firm for City prosecution
services from March 5 to April 1 , 1987 ; •
*$1 , 447 .78 to Bruce A. Liesch Associates, Inc. as 'the City' s share
of the costs of identifying , the water plume which had contaminated
the City' s water supply;
*$6, 200. 00 to Stuart J. Bonniwell for examining the City' s financial'
statement for 1986;
*$1 ,630 .00 to the Briggs and Morgan law firm for legal services rend-
ered through February, 1987 , in conjunction with the City' s lawsuit•
against the U.S. Army et al related' to St. Anthony' s water .con-
tamination problems; and
*$568 . 51 to the - Dorsey & Whitney law firm for legal services during
February, 1987 .
Motion carried unanimously.
REPORTS
COUNCIL REPORTS
City to Seek Support for Attorney General' s . Suit Against the Army ,
'Mayor Sundland - reported Senator Marty and Representative Rose had been
contacted to solicit their aid in heading off any legislative effort
which might diminish the Attorney General' s budget for trying to ' aid St.
Anthony, New Brighton, etc. in their attempts to• get their- water
contamination problems rectified. The ,.- . Mayor said the City' s
.representatives had been asked to let the rest of the legislature know
that these . .problems are not just New Brighton-' s but . a' regional problem .
which affects St. Anthony as well because ` most•, news accounts have •
centered around only .New Brighton' s problems -and the possibility ,of . the.
Army settling with that City.
Councilmembers Report on Ethics in Government 'Seminar
Enrcoth -said he had found the seminar very impressive, although
the attendance had been relatively small;
-indicated Steven Young, Dean of the Hamlin Law School
had given a "brilliant presentation which was a classic. "
Marks" agreed Dean Young.' s talk had been very thought-provoking,
citing the educator' s breadth of understanding of history,
religion, philosophy, and legal history which had been
demonstrated in his replies to questions from the audi-
ence;
=repeated some of Judge Kevin Burke' s insights into how to
• fight crime, saying the Judge contended that to "throw-the
book at criminals was really not an effective crime deter-
rent" ;
. 1
-8-
•
said .the Judge was more inclined to think it would be wiser
to invest more money in policemen than in more courts;
discussed Erika Bouza' s report on her incarceration for
participating in the Honeywell protests and efforts to get
the legal system to recognize. the disparity between the
reasons for putting women into"administrative separation
(solitary) and those for punishing men for the same type of
rule infringement;
-indicated that. although the seminar -had not been taped, 'he
was attempting to get minutes of the meeting put- in the
word processor fo.r . distribution to the Councilmembers at -a
.later date.
Councilmember Ranallo Expects League of Minnesota Conference in Rochester
to be the Biggest Ever Undertaken
The Councilmember said he would be presenting the LMC budget at this
meeting having been appointed to chair the budget committee.. ' He .
indicated further that .Rochester would be going "all out" to make this -an
outstanding conference, perceiving that Mayor Hazama wanted to capture
all the . big business meetings for Rochester' s new Civic Center.
. Coutdilmember Marks concurred,. saying he understood Garrison Keillor
would even,- be appearing-during the.- first work session.
DEPARTMENT AND COMMITTEE REPORTS-
. There were :brief discussions of various items in each of" the following
before they were ordered filed:
*Edward J. Hance law firm report on cases they had prosecuted at the
Hennepin' County District Court on March 18 and April 1, 1987 ;
*March liquor- sales summary;
*February financial summary;
*1986 annual and March, 1987 .monthly reports from the Fire Department.
Councilmembers Makowske _ and Marks commented that the-latter-continued to
indicate the majority of calls involved medical emergencies rather than
fires.
CITY MANAGER REPORTS
The March 31st staff meeting notes were accepted after congratulations _
were offered to Mr. Childs for his upcoming marriage this fall. Council-
member Marks announced his daughter was also getting married, May 2nd
and he might be able to give the Manager some tips on the procedure.
City' s Proposal to Reconstruct the Remaining Portion of St. Anthony
Boulevard to a 32 Foot Width Approved by State .
Copies of the April 2nd letter to the project engineer approving the
variance for - the above had been included in the Council' s agenda packet.
The 32 foot width would be allowed from a point south of the Burlington
Northern Railroad track bridge to Ridgeway Drive with no parking, on
either side.
Mr:. Childs indicated staff would now be contacting the new owners of
Sunset Memorial Cemetery to ascertain . whether, ' they would honor the
previous cemetery owners' promise not to challenge the assessments for
the improvement. He said the City hoped to be able to take bids on the
project next winter and start construction in the spring.
Waste Management Company Will Conduct a "Clean Up Day" in St. Anthony,
May 2nd
Mr. Childs had distributed drafts of . the article he proposed to include
in. the. Newsletter he was preparing that week which would . let the
residents know about the above. He said the only costs the City would
incur would be those of having some one- from the Public' Works Department
present to supervise the project. - When he explained how extensive the
lists of materials were which would ' be accepted and said the. rubbish
haulers would be having trucks running from 8 : 00 A-.M. to 2: 30 P.M. in. the
afternoon, the Councilmembers indicated their wholehearted approval.
other issues explored were:
. Ranallo ' -said he wondered if Waste Management would be following the
same procedures that had been used in Minneapolis and-
Columbia Heights collections where all material depositors
would be required to present their drivers ' licenses as
proof of their residency in St. Anthony;
-indicated this would prevent "people from all over" dumping
as well.
Marks -suggested the City might want to set up a program modeled
after one Inver Grove Heights had undertaken for collecting
household chemicals ;
-told Mr. Childs he understood the Metropolitan' Waste Control
Cormni;�6ion had underwritten the liability insurance costs
fc?:L`.vhat program;
-reported hazardous wastes would be the subject of his .
church' s next public issues seminar.
Childs -indicated he was looking for the Council' s response to this
• -article as, well as those dealing with the new parking/family
size ordinance; possible imposition of water sprinkling con-
trols this summer resulting from the closing of one well
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because of water contamination; and the branch chipping
program included 'in his draft of the Newsletter.
Enrooth -suggested the sprinkling ban should be described as "pro_-
bable" in view of poor prospects .for rain very soon.
City Manager Reports Almost Two-Thirds of Village Townhomes Sold and
Prospects Good .for More Going in Across the Street
Mr. Childs said Brighton Development had reported selling _ 20 of the 29
structures they had constructed on the corner of .33rd Avenue and Old
Highway 8 and having some success with negotiating with Roseville to
provide a similar housing project on the vacant gas station property
across Old Highway 8 . Councilmember Ranallo -said he understood the
developers were also talking to the owners of the large lot on the other
corner about developing- more townhomes there.
NEW BUSINESS
1986 Revenue Sharing Budget Amended to Transfer $25 ,000 for Building
Repair Expenses
Mr. Childs indicated the City Auditor had recommended the above to cover.
extra expenses for. Public Works- equipment repairs- and insurance.
Council Action
Motion by Marks, seconded by Makowske ' to adopt Resolution 87-014 which
amends Resolution 85-041 establishing the 1986 usage of Federal Revenue.
Sharing Funds.
RESOLUTION 87-014
A RESOLUTION. AMENDING THE 1986
REVENUE SHARING BUDGET
Motion carried unanimously.
Bids Accepted for Repairs and Replacement of Concrete Streets
In his April 9th memorandum on . the above, Mr. Hamer had recommended the
low bids from Norsk Concrete be accepted to replace the concrete on the
connecting sections of Chelmsford Road and Penrod with 37th Avenue N.E.
this year from the -Street Department Fund and to do the needed
replacements 'on 33rd Avenue N.E. to Rankin Road and 36th Avenue N.E. to
Edward Street, resulting from work on the sanitary sewer line in 1988
from the Sewer Fund. Mr. Childs said the fact that the Public Works
Department would now be doing the concrete removal and some of the road
preparation the Buesing .Company might have done in conjunction. with the •
reconstruction of 37th Avneue on a unit cost basis had accounted for the
Norsk Concrete bid coming in about $8 ,000 less than the Buesing bid'. The
Manager indicated he perceived Mr. Hamer would be cutting back on some
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of the . sealcoating he had planned for this year and agreed there had
probably been at least some savings of overtime ;pay for plowing this
winter which could* be available for concrete replacement this year. He
assured Councilmember Makowske that Norsk was .capable of doing these
jobs. He also assured her that all the temporary sewer repair jobs the
Public Works had done this winter would be blacktopped over in May.
Council Action
Motion by. Marks, seconded by Makowske to accept the bid from Norsk
Concrete to do the necessary replacements on Chelmsford Road for $9, 982
and Penrod Lane for , $10 ,762 , as recommended by the Public Works Director
for 1987 .
Motion carried unanimously.
Because of the low quotes Norsk had made for the projects anticipated for
1988, Mr. Childs was directed to see if Mr. Hamer could fit them into the
1987 budget. -
Labor -Agreement With Local 17 Approved
Motion by Marks, seconded by Enrooth to approve the signing of the labor
agreement between the City and the Hotel, Restaurant Employees .Uniony. :
Motion carried unanimously.
ADJOURNMENT -
Motion by Marks, seconded by Sundland to adjourn the meeting at 9 : 20 P.M.
for the St. Anthony Housing -and Redevelopment Authority meeting which- was
convened at 9: 35 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk
:c .k
r '
• C I TY O F S T . ANTHONY
H®L_ JS �NG ANY REYDEVE�.OPI�iENT
• AUTHOR�TY M S NUT E S
1 4 1 9 8 7
The meeting was called to order by Chairman Sundland at 9: 35 P.M.
Present for roil call: Sundland, Vice Chair Enrooth, Secretary/
Treasurer Marks, and Commissioners
Ranallo and Makowske.
Also present: David Childs, Executive Director
William Soth, H.R.A. Attorney
MARCH 10 , 1987 AND MARCH 24 , 1987 HOUSING AND REDEVELOPMENT
AUTHORITY MINUTES
Motion by Ranallo, seconded by Marks to approve both of the
above with the following change in -the March 10th minutes:
Page 5 , para. 6 : Correct typo "Arkewll" in line 1 .
Motion carried unanimously.
CLAIMS
Motion by Ranallo,. seconded., . by Marks to approve payments of
$3 , 200 and $350 to O. J. Janski & Associates for real estate
appraisal and inspection of the parcels remaining to be developed
under Phases II and III of - the Kenzie Terrace Redevelopment
Project.
Motion carried unanimously.
Motion by Marks, seconded by Makowske to approve payment. of
$1 , 135 . 00 to the Dorsey law firm for services rendered to the
H.R:A. during February, 1987 .
Motion carried unanimously.
Termination of Arkand Partnership as Kenzie Terrace Redevelopment
Project Tabled
Copies of the H.R.A. Attorney' s letters to the H.R.A. Executive
Director and the Arkand legal representative advising that the
termination would be considered at the April 14th H.R.A. meeting
as well as the proposed resolution with which the termination
would be affected had been included in the H.R.A. agenda.
• The legal ramifications of tabling the termination were explored
intensively with staff . Commissioner Makowske stated
emphatically that she could not vote for tabling because she felt
that the inevitable had dragged on too long already.
n
1
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Chairman Sundland said he thought the H.R.A. would be. perceived •
as only keeping its options at the same time discussions were
proceeding with another developer to do the project. Vice *Chair
Enrooth agreed that no developer would undertake the project
until the ` market study the H.R.A. had ordered at their last
meeting would be completed.
Mr. Childs indicated Maxfield Research Group was doing the study
and their ; proposal was to have the study done within 45 'days but
he was fairly certain he could get them to do it in 30 days.
Mr. Soth reported that the Arkand attorney had told him they had
met. with . Piper Jaffray, Inc'. and had been told the investment
house could place eight million dollars of the Multifamily
Housing Bonds which would cover all the costs of the first half
of the remaining phases. The H.R.A. Attorney said he could only
recommend 'staying with Arkand for a very short time.
Mr. Childs and several H.R.A. members reported their
conversations with Bloomington Councilmember Neil Peterson, who
was now working for Arkell Development and the Executive Director
indicated he had met with Mr. Peterson the previous Friday about
what his role in the development would be.
H.R.A. Action
Motion by Marks, seconded by Ranallo to table the termination of
Arkand Partnership as Redeveloper for Phases II and III of the
Kenzie Terrace Redevelopment Project.
Voting on the motion:
Aye: Marks, Ranallo, and Sundland.
Nay: Makowske and Enrooth.
Motion to table carried.
Dick Krier to Provide . Consulting Services Related to Finding a
New Developer
Mr. Childs had provided copies of, the proposal to do the above
from Dick Krier of Development Advisory Services. The
Executive Director reminded the: H.R.A. members how well Mr. Krier
had worked with developers -at the -outset of the project.- He said
what he only needed Mr-. Krier 'to do would be to seek out
developers and to put the developer ' s agreement package together.
Commissioner Ranallo indicated he would certainly approve Mr.
Krier ' s retention in that capacity even though he had been 'the
consultant' s biggest . critic for being tardy in the past ..in
getting information to the H.R.A. for public hearings. •
• -3-
Chairman Sundland recalled that Mr. Krier had predicted some of
the pitfalls the H.R.A. had experienced with this project from
the start. Mr. Childs indicated Mr. Krier would be working on
an hourly rate and not a percentage this time around, which
should be more cost effective.
H.R.A. Action
Motion by Ranallo, seconded by Marks to retain Dick Krier of
Development Advisory Services to work with the H.R.A: Executive
Director to find a developer for Phases II and III of the Kenzie
Terrace Redevelopment Project. Mr. Childs is further directed to
call a special H.R.A. work session with Mr. Krier where the scope
of his services and costs would be explored further.
Motion carried unanimously.
ADJOURNMENT
Motion by Marks, seconded- by Enrooth to adjourn the St. Anthony
Housing and Redevelopment Authority meeting at 9 : 50 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe, Secretary
:cjk
•
C=.TY O.F ST . ANTHONY
C OUN C= L M=N.UT E S
APR 2 L 2 8
The meeting, which followed the Board of Review, was opened at 7 : 46 P.M.
with the Pledge of Allegiance led by Mayor .Sundland.
Preserit for roll call: Marks, Sundland, Enrooth, .-Makowske.
Absent: Ranallo._ :
Also present: David' Childs; City Manager
William Soth, City Attorney
Steven Patrick of BWBR Architects
APRIL 14 , 1987 COUNCIL MINUTES
Motion, by, Marks, seconded by Makowske to approve the above as submitted.
Motion carried unanimously.
LICENSES/PERMITS/PETITIONS
Motion by Marks, 'seconded by Enrooth to grant the following as listed in
the April 28, 1987 Council agenda packet:_
Juke Box
Slick' s Alternative
Contractors J
Milton Johnson Roofing & Sheet Metal Co.
Able Fence, Inc.
Lofgren Remodeling
Cigarette
F. W. Woolworth .Co.
Country Club Market, Inc.
Amusement Devices
C. G. Rein Company ( 34 machines)
Service Station
St. Anthony Standard
Heating
Neil Heating & Air Conditioning
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Off-Sale
Town & Country Foods
Motion cariied 'unanimously._
CLAIMS
Motion by Makowske, seconded by ; Enrooth to approve the verified claims
for liquor accounts payable listed for April 13., . 1987 in ' the April 14 , , -, ,
1987. Council agenda packet.
_ Motion carried unanimously.
Before approving the BWBR billing, there was a brief discussion with Mr.
Patrick related to the $4,098. 19 his firm had charged for making the
prints to . be -distributed - to bidders on the municipal liquor store
renovation project. Motion by Marks, seconded by Makowske- to approve
payment of the following as listed in thke April 14 , 1987 Council agenda
packet:
*$4,098 . 19 and $5, 339 ..33 to- BWBR Architects' for printing and con-
sulting services during March, 1987 , in conjunction with the remodel- .
ing of the Stonehouse Bar and construction of a liquor warehouse .. .
addition adjacent to the bar; •
*$24 , 896 . 08 to the Metropolitan 'Waste Control Commission for sewer
services in April.
Motion carried unanimously.
REPORTS
APRIL 14 , 1987 PLANNING COMMISSION MEETING - COMMISSIONER RON HANSEN
Setback Variance Approved for 3301 East Gate Road
Application: for setback variance to allow construction of
improvements to the. -existing house and freestanding
garage at the above address which would result in the
garage becoming an attached garage. This would re-
quire a variance because the existing garage is only
24 inches from the property line and therefore, legally
nonconforming under the Zoning Ordinance. - In addition,
the northerly neighbor ' s garden shed .actually encroaches
onto the Peterson property one or two feet. A new
laundry room and two season porch area also proposed,
neither of which would exacerbate the current setback
problems for additions to nonconforming structures, but
which would require a variance.
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Proponents: .,Brett and Robin-, Peterson,.- owners and residents who were.
both present but did not speak.
Copies of the letter from the Peterson' s -northern-most
: ' neighbor and owner of the garden shed, which indicated
approval of the variance, had been- .included along with
other supporting documents provided the Commissioners in
the Council' s agenda packet.
Opposition: none, and none had been demonstrated either. before or
after the Commissioner hearing on the .variance request.
Commission
recommendation: that the variance be granted.
Council Action
Motion by Makowske, seconded• by' Marks to grant the petition for a setback
variance -from Brett and Robin Peterson, 'which would allow construction of
improvements which would connect an existing detached garage to the
Peterson house at 3301 East Gate Road. The Zoning Ordinance requires a
5 foot ' sideyard setback for= attached garages. The existing detached
-garage has a 2 foot nonconforming sideyard setback which requires a
variance to be granted for additional construction.
In granting the variance, the Council -finds, as did the Planning
Commission:
-the addition would probably make the rear- portion of- the property
look more attractive;
-both the existing home and the new addition would become safer for
fire separation purposes because firewall-s are required when struc-
tures are joined;
-no one spoke against the proposed variance during the Commission
hearing and staff reported receiving no calls either for or against
the proposal prior to the Commission or Council meetings on the.
matter;
-staff had recommended the variance be granted; and
-all three conditions required to be .satisfied affirmatively before a
variance can be granted have -been met with this proposal and- .had been
....' satisfactorily addressed by the petitioners on their application.-
Motion carried .unanimously.
Sign Variance Granted for Equinox Apartments, 2808 Silver Lane N.E.
Application: from Equinox management and the sign company for the
variances necessary to replace three existing two foot
-4-
by:,-four identification- signs and to add .a fourth ; sign .
-next to . the Hardees entrance, sign west of- Silver.-Lake
'Road near. the Mobi-1 Station. - One .of. the signs had been
. ,..... .....proposed-. to be relocated within the-- City' s right-of-way ,
-on the . southwest intersection: of Silver Lane and the
Equinox Apartments driveway.
Hansen' s
report: said the 'Commission viewed this. .as a .reasonable request
because..of, the unique configuration of the subject pro-
perty stretching out over a large ,area which is : bounded . .::
by :a number of streets and entrances requiring more
identification than usual.
Proponent: Tim Gow of E.S. I . Signs, 841 Grand Avenue, St. Paul
-said the apartment management was concerned how much
additional expense would have to be incurred to make
the .signs '=ground-hugging" ,as required by the' Sign
Ordinance;
-was told the berm can' t be higher than- 3 feet;
-indicated the tops of the proposed signs would be no
higher than five feet from the existing ground level
with the signs themselves only two feet tall. .
Commission
recommendation: approval, as long as signage meets City's conditions.- .
Council Action
`Motion by Marks,; -seconded by Enrooth to grant the necessary variances to
the Sign Ordinance to Equinox Apartments, 2808 Silver Lane, to . allow them
to replace the three identification signs on their property with ground
signs of substantial construction which would be bermed or landscaped to
fit in with the surrounding terrain. The sign heights, including berms,.
Would not exceed 5: feet above the current ground levels. . .The applicant
is also permitted ' to relocate the sign. near Silver Lane closer to -that .
roadway for better visibility on :condition it does not encroach into the '
City' s right--of-way or obstruct the field of view for traffic in or out
of the apartment driveway.
_ The' -Council also- allows the applicants to erect a fourth sign- under the :.
same : - conditions as . the three to. be replaced for- Silver Lake Road -...-
identification to be located in the area shown on the sketches which
accompanied - the application. In granting the ..variances necessary .for
these signs- the Council finds, as did the -Planning Commission, that:
this property .is unique in that it has access . f.rom,:.a number of street
. entrances., probably requiring more identification;
• -5-
-even-with-:the -additional sign, -the total square footage would be in
compliance with- the,,amount of signage -the, Ordinance permits the com
plex;
-all three conditions required' to be• 'satisified .affirmatively have
been done so with this proposal and
-there was no opposition demonstrated to the variances being granted
either prior to or during the Commission hearing or Council considera-
tion.-of the •request. _
Motion carried unanimously.
Drainage Plan to be -Reguired for Subdivision Without Platting of Parcel
Owned by David Evanson at Approximately 3512 Silver Lake Road
Application:. for subdivision without platting of Lot 5, Block 6,
Gardenia Acres into four single family, residential lots
approximately 75 feet by 131 feet . in size. Two lots
would-front on the 3500 block of Silver Lake Road and
the other two would have frontages on the 3500 block on
Belden-'Drive N.E.
• Hansen: reiterated the minutes report of concern from the Bel-
den Drive neighbors about how the lots would be devel-
oped and whether there would be runoff from. the devel-
oped •lots which• might prove harmful to their properties;
pointed out that the history of controversy between
these neighbors and the Evanson family had been docu-
mented in the data provided in the Council' s agenda
packet as well as covered in the Commission minutes of
the hearing;
indicated those neighbors were anxious to see .the plans,
especially for grading and drainage, before the develop-
ment is approved by the City.
Staff report: Mr. Childs had included his -April 16th memorandum to
the -Commission on this development in the .Council' s.
agenda packet;
said the property owner would be required to submit a
grade plan showing elevations, drainage lines, etc. , .
along with a final plan for Planning Commission consi-
deration and neighbor input, probably next month.
Proponent: David G. .Evanson, 2208 - 73rd Avenue North, Brooklyn
Park:
reported drainage plans were being drawn by the sur-
veyors which he hoped would be available -that weekend
for showing to the neighbors;
said his property does "crown" the area between Silver
Lake Road and Belden Drive and the Belden side is much
lower;
agreed with Councilmember Marks that the particular
property posed an opportunity for some "innovative
architecture" when it came to homes to be built there;
reported some prospective buyers were already consider-
ing plans for either multi-level or semi-contemporary
homes which could take advantage of the view of the
Minneapolis skyline without being obtrusive in relation
to the existing homes in the area;
told Councilmember Enrooth the grading plan would show
suggested home styles for particular lots based on topo-
graphy which should avoid the "chaotic" appearance the
Councilmember was concerned might result from too much
diversity;
indicated Chris Paidosch and his financee were inter- ,
ested in one of the lots and were only present that
evening to observe the proceedings;
agreed with both Councilmembers Marks and Enrooth that
in all probability the lots would not have to be leveled
to the Belden Street grade, nor would all the trees
have to be removed.
Childs perceived some compromise on elevations would be nec-
essary because he knew the neighbor to the north would
prefer to have all the earth to the south removed.
Evanson said if a grading plan is approved by the neighbors,
Commission and Council, he perceived it might be nec-
essary to delay the actual grading until driveways,
homes, etc. are completed to avoid removal of vegeta-
tion which currently holds back erosion down into the
street.
Commission
recommendation: to deny subdivision without platting until after
grading and elevations are approved for a final plat.
Council Action
Motion by Enrooth, seconded by Makowske to deny the request from David•
Evanson to subdivide without platting the property at approximately 3512
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Silver Lake Road, at..-.'least' . for- the .present, and instead, direct. ,the
applicant to prepare - a final plat ..- and a : grading plan.. which would,be
consistent with the C-i�ty',s requirements and the--neighbors' concerns .about
drainage and -utility. easements -similar to those required, for the. Johnson
and..Hertog subdivisions. "
Motion carried unanimously.
Nelson Request ' for Setback Variance for Attached Garage, Etc.. at 3.412
Roosevelt Street N.E. Approved
application: from Dwayne and `Nancy. Nelson of the_ above address f.or a
variance from the setback regulations of the Zoning
Ordinance to allow construction of an addition to the' ..
south and west sides of the existing single car garage
to within 6 feet of the south property line.
Commission
recommendation: Hansen indicated the Commission minutes h'ad reflected'.
the intent of the Commission to not further delay action
on the request;
said the applicant and his adjoining neighbor had been
• given a month •to settle their differences and the
Commission conclusion had been that it would not be
fair to either party to delay a decision any further;-
indicated the Commission was now recommending Council
approval of the proposed addition.
Proponents: Nancy Nelson and her daughter, Kris, who indicated- their
desire to get on with the project. .
Opponents: no, one was present to speak against the variances..
Council Action
Motion by Enrooth, seconded by' Marks to grant Dwayne and Nancy Nelson a 4
foot sideyard setback variance . for ' the 22: foot wide attached. double
garage they propose to construct " on teir property at 3412 Roosevelt
Street-•N.E. on .the condition the gutter 'system is .put in to drain runoff
away from the adjoining property.
In granting, this variance, . ..the Council finds, as. did the Planning
Commission, that:
the City had already given the neighbors a month to compromise their.
differences;
• any further delay would impose an undue - hardship on the applicants '
plans for construction;
Mi i
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-Mr. Nelson had satisfactorily addressed all three questions. which
had :to be answered in the affirmative 'for the ,City to grarit- this
variance; . and
-precedents have been set for allowing double garages in that same
block and, in fact, the current City Zoning Ordinance requires double
garages for all new construction.
Motion carried unanimously.
The Mayor noted the Commission vigilance related - toy signage - they
perceived to be nonconforming around the „ City. Mr. Childs reiterated
- that.-if the Vargas signage on the real estate office at 3909 Silver Lake '.
Road is not constructed in . a -manner consistent with the City' s
requirements by May _ 10th, the matter would - be referred back to the
Commission at their May meeting for cons ideration -of .removal of the sign
altogether. CouncilmemberIEnrooth indicated he was glad 'to hear that
because he perceived the problem with signage at that location had
dragged on for over five. years and he thought the sign area should just
be leveled off if satisfactory signage is -not provided by this tenant. ,
Commissioner Hansen was thanked for his report.
. COUNCIL REPORTS
Resident Explains Why City Port Iion •of the State' s Right-of-Way Is Noto
Mowed
Makowske said she had contacted Larry Hamer to see if the stretch of
unkept area between Highway 88 and Old Highway 8 near the
vacated Medtronics building couldn' t be, mowed by City crews.
David Haystay, 3635 Chelmsford Road N.E.
indicated he was present to 'discuss the proposed parking
ordinance but because he worked for the Minnesota Department
of Transportation, perceived he might be able to shed some
light on this issue;
said that particular stretch of state right-of-way was -one of
urban..lower frequency .travelled areas which the state had
`reserved for the -Pheasants Unlimited program, which state
highway crews may not mow until August 1st each year.
Manager Reports St. Anthony Reconstruction Project' Has Not Been Given
Final State Inspection to Date
Mr. Childs said he knew there was a great deal of interest in having the
above done and he indicated to Councilmember Makowske he would be
contacting- the City Public, Works Director for further information as to,
when the inspection would be completed.
. Conflicts Over Who Would Control. Ground .Water Becoming Statewide. Issue
Enrooth . . reported the above :had become apparent during.-discussions
carried' out at .a recent watershed •district :seminar he 'had
attended;
indicated the problems the Rice 'Creek Watershed District had
experienced trying to formulate, a .policy.was nothing compared
. to those statewide. resulting in- only 3 out of 103 plans being
adopted;
perceived many of the questions raised had relevance to the
. City' s water contamination problems; and
anticipated the 'controversies had only started.
Plaque and Letter from St. Anthony Council on Their Way to. Sister City
Sundland reported the above 'had ,been sent to Salo-, Finland, to com-:
memmorate the City' s Sister City' s 100 Anniversary in June.
Mayor Welcomed Participants at the MuniciPals Banquet, Coordinated and
Hosted This Time By St. Anthony and New Brighton'
• Mayor Sundland reported 419 municipal office workers had . been in
attendance at the above banquet held in the International Market. Square
in the Atrium, April '22nd. ' Fie said he had "razzed" New Brighton Mayor
Benke -about going to Brighton, England in time for that City'.s 100th
Anniversary, , even . though New Brighton . does not share a Sister City
relationship with, the English town.
The .Mayor reported all those who had participated in the Volunteer
Recognition dinner, April 23rd, had also seemed to enjoy that . event.
Councilmember . Marks Represents Suburban Youth Service Bureau at Arden
Hills Council Meeting, April 27th
The Councilmember indicated it had been very interesting 'for- him to see
how another municipality works. He also indicated the session had been
video taped, which seemed to require the presence of quite, a number of
staff in addition to the City Attorney and the person taking notes.
DEPARTMENTS AND COMMITTEES
*The report from the Edward 'J. Hance law .firm on matters conducted at
the Hennepin County District Court on April . 15, 1987, in which they
represented. the City as City Prosecutor, was discussed -briefly before
it' was ordered filed.
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CITY MANAGER'.REPORTS
Mr. Childs answered questions about the following matters discussed in
the April 21st staff meeting notes-:
told'-,.C'ouncilrriember Makowske the new Chevy Caprice Classic, squad car
would be 'put on line by the Police. Depa:rtment that week.- Said the
Department had been very disappointed that the Celebrity model was not
offered as, a squad .car this time;
-told Councilmember Marks the Police' Department had to .readvertise for
a secretary and several promising candidates had already been inter-
viewed to replace the temporary secretary who is working in the
Department now.
Special Council Meeting on Bonding for Stonehouse Project Scheduled for
April 29, 1987 :
Mr. Childs reminded the . .Councilmembers of the above meeting with the
Springsted representative. which would be held in the Council Chambers at
4 : 30 P.M. _ . . . .
.. City to 'Assume Responsibility for Claims Resulting from Street :Widt
Variance for Next 'St Anthony Boulevard Reconstruction Project
Mr. Childs had distributed copies of a proposed 'resolution designed to
hold the state harmless against any claims which might arise because the
City had been allowed to reconstruct the stretch of St. Anthony Boulevard
past the Gross Golf Course to. a 32 foot wide design rather than the
required 36 foot width. When Councilmembers speculated. that there. would
be little possibility that would happen, Mr. Hastay told them the new
tort law had opened all kinds of opportunities. . for. lawsuits against
public=entities which had not existed before. The MNDOT employee gave us
as an ' example the case of litigation a couple of years ago - which had
resulted when a ,woman had gone through. the stoplight on, Highway 88 and
County Road C and the court had found the state 1% negligible because of''
the median -design'. ' The state ' s share of that judgment had been about
$100 ,000
A similar resolution had not been necessary , when the portion of St.
Anthony Boulevard west of Highway 88 had been reconstructed, Mr. Childs
said, -because that project: had been constructed without a. variance..
Council- -Action
Motion by Marks, seconded by Makowske to adopt -Resolution '87-017 ..
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RESOLUTION 87-017
A RESOLUTION REGARDING: A STREET WIDTH VARIANCE
GRANTED BY THE• MINNESOTA DEPARTMENT OF
TRANSPORTATION TO THE ' CITY OF ST. ANTHONY
Motion carried unanimously.
Senator Marty' s— Support Sought-,_on Legislative . -Issues. Considered.
Potentially Harmful for St. Anthony .
Mr. Childs _ had. distributed a draft .of . the: letter- he had written. .to the .
legislator after- attempts to reach him by other..mea-ris. had failed. . The
letter, stating the City' s position:. on various pieces of legislation
being considered, which the - Council perceived could be very harmful for
St. Anthony would also.-be -sent -to State Representative John Rose, who had
already indicated his support.
The Council reacted as follows:
Enrooth -wondered if the letter could be made stronger.
-Makowske -said she was really "steamed" about the legislation she
perceived would be:
*cutting .into the revenues from its liquor operation•
the. City uses in lieu of property taxes;
*imposing a 6% tax. on all St. Anthony. purchases;
*reducing local government aids at the same time a cap
is placed on the City' s ability to levy to replace -the
revenues which are lost;
-said she didn' t see how the Council could. be expected to run
a City which has so little slack in its budget right now.
Sundland reported he. had learned just that day about another area
where -the state would be hampering the City' s efforts to .
save money;
indicated: Jim Johnson of Federal Surplus . Properties had
-called him to let him know that a $900,000 dollar bill had
been tacked onto`-another spending bill which would move the
responsibilities for surplus away from the Department of
Administration into another state department and. into a
vacated building in downtown St. Paul;
perceived - this could be •a real loss for the .members of the
• Surplus Properties Committee he serves on who represent
,counties; school_.districts , parochial schools,. hospitals;
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and other municipalities who.-have saved over a million
dollars purchasing surplus equipment which can be fixed up
'for use rather- than. purchasing -new;
-reported one of the major problems with the change in the
program would be that the experienced screeners who knew
where to look for needed articles would now probably be
replaced by a truck driver who worked for the. Ag College
acid who had little. expertise in that field;
indicated the current screeners are now looking for more
than 700 items of,..used equipment Committee members have
indicated they could use
-.said . Representative Rose would be looking into this new,
"spending" bill;
-pointed out that one of the savings the. City had experienced
with the existing program had• been to be able to purchase a
used Army ambulance for $300 which the Fire Department had
been able to convert into a .civil defense vehicle.
Marks -said he would try to get in touch with Senator Marty to seek
his support on these issues.
Mr. Childs reported that at least the Wine in Grocery Stores bill had
been laid over for another ,year. Councilmember- Marks commented that he
perceived that legislation "had a level of reincarnation it didn' t
deserve.!'" .
-Mayor Sundland said the oniy. time he- felt safe was when the Legislature
wasn' t in session.
Legislators Invited to Attend St. Anthony Chamber of Commerce Meeting,
May 5th.
Mayor Sundland urged all the Councilmembers to be in attendance at this
• 7 : 30 - A.M_ meeting at .- Chandler Place where Senator . Marty and
Representative Rose . would. be answering some hard questions from business
men related to some of the bills coming out of the Legislature this year.
Mr. Childs confirmed that both legislators had indicated they would be
coming and he urged the Councilmembers to RSVP as soon as possible.
NEW" BUSINESS
: Low . Bids Accepted for - Road Materials Per Public Works Director
Recommendations
Mr. Hamer ' s - April - 23rd memorandum -reported the quotations for the above
had been received April 13th to be awarded in 1987 . He had als�
indicated he anticipated no. price changes until April-, 1988 .
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• Council Action
Motion by M secondeby Mkowke to., -accept the above and award the'
contracts to:,
*Midwest Asphalt for -blacktop materials;
*Koch Materials for sealcoating oil;
*Wyatt Bros. Ready Mix for concrete;
*Barton Sand & Gravel for aggregate. '
Motion carried unanimously.
Architect Presents .Bids for Stonehouse Remodeling./Reconstruction Projects
Steven Patrick of BWBR . Architects answered questions from the
Councilmembers related to the - eight bids which had been received for the
off-sale liquor store which had ranged from $324,000 to the low bid from
Fulco Construction for $288 ,-500_ and the $17,866 bid .from PYA/Monarch,
Inc. to provide the bar furniture for the remodeled bar.
Mr. Childs had reported in his April 23rd memorandum that the costs of
remodeling the Stonehouse Bar would be approximately $150,000-160, 000,
barring unforeseen expenses. He had also advised the cost estimates for
the restaurant and seating area addition would be about $60,000 as
indicated in 'Mr. Hamer' s April 20th estimate of those costs.
The preliminary estimate in terms of bonding, which had been given by
Springsted, Inc.. , had been included in Mr. Childs ' memorandum where the
Manager had .suggested. options the Council might want to consider related
to the sale of the bonds; the inclusion of a restaurant in the project;
and the availability of the Public Works Department crews to - do the
remodeling project.
Mr.. Patrick told, the. Councilmembers his company had researched the low
bidding contract and found out that they had some experience in building
liquor stores,, fire stations, etc. He said Fulco had been willing to
hold their -bid price until after the bonding sale, May 26th. ' The
architect asked the Council to award the contract for the liquor store
contingent on the City acquiring financing. Mr. Soth advised that could
be done because, if, the financing is not received, all bids could then be
rejected.
Mr. Childs said he perceived the question was not whether the City could
get financing . for .the project, . but ' how much the interest rate would be.
He then went over the figures he had -given as a preliminary estimate of
..such a bond and Springsted quotes for contingency costs in the copies of
..such
consultant' s letter the ' Manager had. , put in the Council
mailboxes that day..
The , estimated bond total for the project was $685;000 with estimated
annual - debt service costs amounting to $97 , 500 .
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Mr. Childs had: posed thr.ee .different- ways. in- which the restaurant portion:
could be:-provided, and• he said a- talk 'with Mr'. Nelson :that day had
convinced him " there would be some real advantages to:. construct .the -
kitchen while = the: .bar is torn up. : He also said the ,Liquor Manager had
indicated he was confident - he could find somebody to' run the restaurant
even though the Mannings had -said -they ,were no longer interested.
Councilmember Enrooth said just :getting .. someone to run ..the' restaurant
would probably be no problem, but getting someone who . is really.,.good
might be
-The Manager told:".Councilmember Makowske it would be very. difficult to
predict what effect the - sale of wine in grocery stores would .have on the
new.-liquor store if it ever came -about'. But, Mr. Nelson ,._foresees a
greater impact if strong beer is permitted- to be sold in grocery stores
or places where 3 . 2'. beer is -now allowed. The Mayor, agreed, saying the
City would lose ail control over those sales with the new legislation.
Mr. Childs suggested another way to look at the issue would be to. compare
the cost of the new liquor space at $6 . 00 per square foot - for the next
ten years with what the City would have to pay for the same amount of .
space at Apache for the. same period. He indicated _the City would
naturally close " the Apache operation first if these -outside .sales became
realities . Coun_cilmember Enrooth-commented _ that 'he _perceived _the_ nel
building had an intrinsic value, to the City in any case.
Council Action
Motion .by Enrooth, seconded by Sundland, to accept the low bid of $288 , 500
and to award the contract -for the construction of the new off-_sale . iiquor
store to Fulco Construction, on terms acceptable -to the City.
Motion carried 'unanimously:
Mr. Childs reported the City had saved over $1 ,000- by splitting out the
costs of the bar - furniture and rebidding them," . even though Monarch
Company had been the only one to submit a bid.
Motion by Makowske, seconded' by Enrooth to accept the low bid o'f $17 ,866
and award the contract for the bar furniture for the Stonehouse
remodeling project to PYA/Monarch, Inc.
Motion carried unanimously.
UNFINISHED BUSINESS
Council Drops Restriction Against More —Than . -Four. Vehicles Parked on
Residential Lot. From Proposed Ordinance 1987-002
The second reading of the proposed ordinance changes: resulted in tho
above 'following an indepth discussion with three residents who oppose
one or more of the changes in Section 4 .
• -15-
".Mr. Hastay. said he would probably" be in -Violation of both paragraphs 13
and :14 ' .of% Section . .4 . .if , the former. applied. _ to:_ ..existing :gravelled.
driveways: He said further that:
-he has a- travel trailer, ,a camper, 'a utility trailer and his son parks
.: a small tent -:tra-iler -in the same confined, covered area- in his back-.
yard;
-in the front: yard he . parks .a work vehicle he has to' have available to.
drive - 24 hours a day, . seven days ' a week, on the grass because of. the
hassle of. getting it moved with . his .son' s and daughter' s car, as .well
as a small tractor he uses to plow his and his neighbor' s driveways;
which he :parks in ' front of, his two stall garage where he has two
other cars parked;
-none of the cars are there during the day;
-he had gone to quite. a bit of expense putting in an 8 foot wide
gravel driveway to reach his rear yard because he had no place else
to park his summer vehicles where they wouldn' t be vandalized during
the winter;
-there was plenty of room in his backyard and he didn' t see why he
couldn' t leave those vehicles' there in the winter;
• -none of his immediate neighbors have ever complained to him about the
number of vehicles he has;
-he questioned whether there had. really been enough complaints about
other properties, to justify. such radical changes in the Ordinance;
-the City would not let- him put in four stalls when he built his
garage.
Myron Getter, 3409— 33rd Avenue -N.E. :
-said his family had seven cars, a boat and a couple of trailers
parked on his . driveway and he perceived it was none of the City' s
business how many they could afford;
-was told the City .was -not. trying. to restrict the size . of families but
was only reacting to what happened .on rental property when seven or
eight' students could rent. a house and all parked their cars on the ,
property:
indicated he knew some people were running businesses out of their
homes by the type of vehicles parked on ,their property;..
said he knew the case : the City was trying to get rid of but didn' t
think it was necessary to write a whole new ordinance for which half
the City would have to seek variances.
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agreed :par.king on grass-during the .growing- season .could-: pose. a .-pro-. .
blem for the City;
conceded. -the Ordinance. might . need- .to be changed to make some differen
:.:t.ial .between trucks and front- end loaders. and recreational vehicles;
but
said' he walks all over the Village -every day and just doesn'.t :see_ .that,
many problems.
Ted Misiac; 2812 - 30th Avenue N-.E.
-reiterated some of the problems his family of five. would experience
with the changes which he had told the Council about at two of their
previous meetings;
-said he didn' t want to make one of his children move because the City
wouldn' t let ..him have all the vehicles they needed for school and
work;
-was told whether or not he could add a carport to the side of his
single garage would depend on- the existing setbacks on his lot.
Council and Staff Reaction: ___ ___ •
Enrooth told the residents there had been -conditions which had been
tolerated for some time which had gotten progressively worse
which caused the level- of complaints to mount;. .
-indicated other municipalities had addressed similar
problems in their ordinances and it seemed reasonable for
St. Anthony to do likewise;
-told Mr. Hastay people like him who .have a justification. for
vehicles like his work vehicle, can seek a variance. where
-the real violators won' t be asking for one;
-told Mr. Getter it was not only- one location the City
needed this Ordinance for, but from four to seven property
owners who would be immediately affected when this. Ordin
ance goes into effect;
=when Councilmember Makowske proposed eliminating the
restriction of number of cars parked on a. driveway, com-
mented that he perceived -no- one had really been comfortable
with limiting: the .number to -four . but the hope had been that
,if -one situation wasn' t solved altogether, it would have at
least been modified to some extent. That opportunity would
be lost with -the. elimination of paragraph 14 . . •
Sundland °-said he ' thought. some people were hung up on whether or not
their guests could park temporarily in their driveways and
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. • . the City had already indicated the. Qr.dinance
wouldn•' t- apply -to guests bec-ause the Ordinance only r'e
fers to vehicles .operated or kept on the: lot by the. occupant
_ of the residence;
-told Mr. Misiac the -City would not .be ,making. him get rid of
of any of the cars his family needs;
-reiterated what- Mr-. Childs and Mr. Soth had told Mr. Hastay .
that the Ordinance. had been designed to prevent people from
gravelling their backyards but..no action .would be taken
against him because of- the graveled surface he already had
in that area or because he :reconditioned it since it is
grandfathered in;
reiterated that an ordinance was the only vehicle the City
had to force some of the worst situations to be corrected
because the neighbors' conversations with the offenders;.
police attempts to contact them; and even registered -let-
ters, had failed -to solve the situation in the past;
-told Mr. Hastay some of. the complainers about certain- situ-
ations had not wanted to be identified;
said the Ordinance might not solve all the problems it was
geared towards, but at least future .problems might be
avoided if staff could make new residents aware of the
Ordinance' s existance;
-concurred with Councilmember Marks that paragraph 14 would
not solve the problems with front loaders, etc. in front
yards , but some other tack would have to be taken to _solve
'that problem.
Soth -said the problem with trying to- draw the line between the
type of -vehicles a resident can keep on his property is one
of semantics. where do you draw the line in defining what' s
"residential" and what' s not?
Childs perceived the intent of' the Ordinance .had been to identify
.problem spots and work with the people to' get them squared
away;
-told Mr. Getter the police would always document any ::ongoing
parking problem to be certain the vehicles belonged to the
occupant and not to guests, etc.. who -had left them there
temporarily.
Mark's said he was not .comfortable with telling people they have to.
go through a variance -procedure to park more than four cars.
in their driveways;
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-£elt there .were .just. too- many steps and .time involved to . .
just park one or two .extra .cars;
perceived the City was using "an awfully heavy hammer" to.
get at a small number of cases;
-understood the City was looking for a means of controlling
a couple .-of bad-.situations; but -
-perceived perceived there was nothing to -prevent an "over-ambitious
new policeman" from writing tickets;
-also perceived there might be a change of Councils and- any
unwritten agreements might not be in place with the new
officials.
Makowske -agreed the Council might have been going too far with this
ordinance -and, as she had suggested a month . ago, the Ord-
inance could be taken in steps;
-suggested .paragraph . 14 might not be needed right now, but
if it became apparent that more strength was needed, that
paragraph could be reinstated at a' later date;
-concurred that. the problem with dump trucks and front. �.
loaders parked in residences wouldn.' t .be . addressed with
this section anyway.
Council Action
Motion .by Marks; seconded by Makowske to approve the second reading of . ..
Ordinance 1987-002 with paragraph 14 of Section 4 . eliminated altogether
and paragraph 15 renumbered 14 .
ORDINANCE 1987-002
AN ORDINANCE RELATING TO THE DEFINITION OF A .FAMILY
AND TO OFF-STREET PARKING REGULATIONS; AMENDING
SUBDIVISION 2 OF SECTION 2 OF APPENDIX I. (ZONING)
OF THE 1973 CODE' OF ORDINANCES BY AMENDING PARAGRAPH 29
AND BY ADDING A NEW PARAGRAPH 77 (a) : AND AMENDING
SUBDIVISION 9 OF SECTION 12 OF SAID APPENDIX BY AMENDING
PARAGRAPH 8 AND BY ADDING -NEW PARAGRAPHS 1.3 , 14 , AND 15
Motion carried unanimously.
ADJOURNMENT
Motion by Marks, seconded by. Enrooth -to .ad.journ the meeting at 9 : 30 P.M.
Motion carried unanimously•
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Respectfully submitted-,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk
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