HomeMy WebLinkAboutPL PACKET 07211987 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1987
Document: PL PACKET 07211987
i
July 17 , 1987
n
To: Members of the Planning Commission
From: David M. Childs, City Manager
Re: Staff report for the 7/21/87 Meeting
Item 1. Subdivision Without Platting - Rick Johnson
This is a request in which Rick Johnson wants to -transfer about ' _
1580 square feet of left-over property not utilized by the tennis
courts from that common area to Outlot B which is his own back
yard. It is a simple lot split and everything appears to be in
order.
Item 2. 37th and Roosevelt Variance - Bill Campbell et. al.
The attached letter clarifies the ownership on this matter. The
neighbors were- re-notified of the meeting and- the previous staff
report should address most questions on this matter.
Item 3 . Dairy Queen Signage - Al Plaisted
A letter was sent to Al Plaisted at the Dairy Queen about his
signage. I was not in attendance at the Planning Commission
meeting last fall when his signage was discussed and
unfortunately,the perceptions of the Planning Commission, Mr.
Plaisted and what is written in the minutes do not . agree with one
another. Mr. Plaisted has asked to appear before the Commission
so that we can all discuss this situation and hopefully reach
some solution or at least provide Mr. Plaisted with directions
about how to proceed.
•
C a'TY oI' s°r _ AN!'HONY
P3=.ANNaY�G COMI�3aSSaO�Y AGENDA
�3ULY 2 1 , 1 9 87
7 _ 30 P _ M _
1. Call to Order.
2. Roll Call.
3. Minutes.
a. Planning Commission - June 16, 1987.
4. Designate Commission Representative to the Council Meeting
on July 28, 1987.
5. Public Hearings.
a. 7: 35 P.M. - Rick Johnson, - 3306 Belden Drive; subdivision
without platting for northeast corner of f
33rd Avenue N.E. and Edward Street.
6. Unfinished Business.
a. Bill Campbell variance request for lot on southeast
corner of 37th Avenue N.E. and Roosevelt Street (tabled
from June 16th meeting) .
t
b. Al Plaisted, re: signage at St. Anthony Dairy Queen.
7 . Other Business .
i
a. Informational only, regarding Supreme Court decisions.
8. Adjournment.
t
/
X
C _TY C F ST _ ANTHONY
PL.ANNYNG� COMM2S.S2ON = 'M=MUTES .
.TUNE 1 6 , • `1 9 8 7
1 The -meeting was opened at 7 : 32 P.M. with the Pledge of Allegiance led by
2 Chair Franzese.
3
4 Present for roll call: London, Hansen, Wagner, Franzese, Werenicz,
5 Madden.
6
7 Absent: Wingard (arrived at 7 : 33 P.M. ) .
8
9 Also present: David Childs, City Manager. .
10
11 MAY 19, 1987 PLANNING COMMISSION MINUTES APPROVED
12
13 Motion by Madden, seconded by Hansen to approve the above with the
14 following change:
15
16 Page 4, Line 34: Insert "and" after "contours" .
17
18 Motion carried unanimously.
19
20 Commissioner London will represent the Planning Commission at the
21 Council' s June 23 , 1987 meeting.
22
03 PUBLIC HEARINGS
24
25 Setback Variance Reguest for 2614 - 30th Avenue N.E.
26
27 The hearing was opened at 7 : 38 P.M. with the notice of hearing read
28 aloud by Chair Franzese. The notice had been published in the June 3 ,
29 1987 Bulletin and mailed to all property owners of record within 200
30 feet of the subject property. - No one present reported failure to
31 receive said notice or objected to its content.
32
33 Application: for a 16 foot , 6 inch variance from the Ordinance
34 requirement for 30 foot front yard setbacks to allow an
35 addition to the east side of the existing house to with-
36 in 13 feet, 6 inches of the. front property line.
37
38 Staff report: -Mr. Childs reiterated his June 12th memorandum comments
39 that the proposed addition would be constructed even
40 with the existing house which is anon-conforming use
41 and would therefore encroach-no .further into the set-
42 back;
43
44 -indicated to push the addition back further-.would not
45 permit a reasonable alignment of bedrooms;
46
47 reported staff,. had received no calls or letters regard-
�8 ing the variance.
49
50
51
52
53
54
1 -2-
2
3-Proponents: --Robert Fickle told Commissioner Madden he intends to. •
4 . -replace the existing roof and• the - ridge of the 1-1/2
5 story addition would be .higher on the east end;
6
7 -told Commissioner Hansen he -and his wife, Susan, . who
V was with' him at the hearing, perceived they needed the
9 additional living space cited in their application, and
10 the shape and position of the existing house would not
11 permit the addition to be' constructed at the required
12 setback;
13
14 -confirmed that the 'home to the east protruded even far-
15 they into the required front yard setback.
16
17 -Richard Ott, 2618 - 30th Avenue N.E. was present, but
18 did not speak.
19
20 *No one spoke against the variance and the hearing was closed at 7: 47
21 P.M.
22
23 Commission Recommendation
24
25 Motion by Madden; seconded by Wagner to recommend .the City Council grant
26 the necessary front yard setback variance to. allow Robert and Susan
27 Fickle to construct the addition to the east side of their existing home
28 at 2614 - 30th Avenue N.E. shown on the sketch included with their
29 application in the June 16, 1987 Planning Commission agenda packet. In •
30 recommending the variance be granted, the Commission finds that: ...
31
32 -the existing house is a legal non-conforming use and the proposed
33 addition would not additionally encroach into the required frontyard
34 setback;
35
36 -it appears the addition would be a definite improvement to the appear
37 ance of the property;
38
39 -the variance would permit an addition which would fit a reasonable
40 floor plan;
41
42 -the addition would be behind already established front yard sight
43 lines in that block;
44
45 -all three conditions required to be satisfied affirmatively before a.
46 variance can be granted have been met with this proposal. and had been
47 satisfactorily addressed by the applicants on their application
48
49 -no one spoke against the variance during the hearing and staff
50 - reported receiving no calls or letters in opposition to the addition
51 prior to the hearing.
52
53 Motion carried unanimously.
54 •
• 1 -3- '
2
3 Variance f.or Corner of 37th Avenue N,.-E-. and Roosevelt Tabled
4
.5 'At 7 :52 ' P.M the - hearing• on the above- was opened by the Chair who. read
.6 :aloud .the notice .of the hearing which had been. published in the . June 3 ,
7 1987 ' Bulletin and mailed , to all property owners of record within 200
8 feet of the subject property. No one present 'reported failure to-
9 -receive the notice or objected to its content.
10
11 Applications for variances .for:
12 .
13 -lot size of 5,648 square feet where 11 ,000 square feet are
14 required for a single family home and 14,000 square feet for a
15 duplex;
16
17 -minimum house size of 988 square feet where 1,000 square feet
18 is required;
19
20 -setback from 37th Avenue N.E. of 14 feet where 30 feet are
21 required on both sides of corner lots.
22
23 Staff report: -Mr.- Childs June 12th. memorandum indicating the lot in
24 question to be a "lot of record" in existence before
25 the Ordinance was adopted;
•26
27 -advised that case law had indicated denying an owner
28 the use of his land. could be expected to have strong
29 legal implications related to "taking" ;
30
31 -told Commissioner Madden he did not feel that the same
32 thing would be true of the 12 foot wide lot on 33rd
33 which had once been a utility easement;
34
35 -recommended approval as long as the driveway is off
36 Roosevelt Street;
37
38 -indicated the lot was zoned R-2 (two family dwelling)
39 but the Council had rejected this option in 1979 be-
40 cause of too little space but had not foreclosed the
41 option of a single family dwelling being erected;
42
43 -pointed out on a plat map that, although most the lots
44 on the same side of Roosevelt were 45 feet wide, those
45 across the street were only 40 feet wide;
46
47 -said the blueprints in the agenda packet were only an
48 example of the type of house which would be built- on
49 the- lot since the garage would have-to be constructed
50 on the Roosevelt side. If . a deck .is added, it would
51 have to be built on -,the east side;
052
53 -told the Chair this was one of- those cases .where the
54 south setback would be interpreted to be the side yard.
a
1 -4- •
2
3 Proponents: Jake Cadwallader.:.o.f - Cadwallader Realty, ',3901 Silver
4 Lake Road reported Bill Campbell had a person who.. was
5 interested in having a home built on that lot;
6
7 =said, although the setback proposed for that home would
8 not meet the City' s requirement for a -30 foot front
9 yard,- this would not be, the first instance where a home
10 penetrated that setback on 37th Avenue;
11
12 -cited the house on the corner of 37th and Coolidge as
13 being almost as far forward- and several others as en-
14 croaching to a lesser degree.
15
16 -Bill Campbell, Campbell, Campbell Construction, Inc. ,
17 12409 Drake Street N.W. , Coon Rapids, said he would be
18 glad to provide a revised blueprint which would show
19 the driveway coming off Roosevelt.
20
21 Mr. Childs provided Commissioners with copies of a June 12th letter from
22 Barbara Helfrey, 3645 Roosevelt Street opposing any structure on that
23 "sub-standard lot" , perceiving .a_ potential for a traffic. .hazard with a
24 house to close to that busy intersection; interference with the house
25 alignment on 37th Avenue N.E. ; .and finally, devaluation of market values
26 of surrounding homes.
27 •
28 Other
29 opponents: -Kenneth J. Hoxmeier, 3657 Roosevelt Street ( just south
30 of the subject lot) , submitted a petition against the
31 development of this lot which had been signed by
32 several of his neighbors;
33
34 -said he questioned the application indication that
35 Bill Campbell was the owner of. the lot because Don
36 Flynn, a brother of the owner Elton Flynn, had told
37 Mr. Hoxmeier his brother had died and the property
38 ownership, which eventually go to him and his sister,
39 was still in probate;
40
41 -said Don Flynn had told him his brother and Mr. Camp-
42 bell had agreed prior to Elton' s death that Mr. Camp-
43 bell would build a house on the lot if the necessary
44 variances could be gotten;
45
46 -indicated Don Flynn had gotten a notice from St. An-
47 thony that, as the owner of the property, . he would
48 have - to cut the grass- or- pay to have the City crews
49 do so, as they had in the past;
50
51 reported h-is neighbors ' concerns with permitting a
52 house to be built on the lot included:
53
54
• 1 -5-
2
3 *the City granting..-a variance which would be over
4 50% of the required setback;
5
6 *potential blocking of vision of drivers who .are
7 unfamiliar with that street, especially the
8 speeders who are tagged by the police now;
9
10 *snow storage on that corner would. further obstruct
11 the drivers' vision;
12
13 *the bus stop 'on . 37th and overhead wires which
14 might have to be put underground, add to the con
15 gestion on that corner;
16
17 *the possibility that 37th might be widened to
18 match the Silver Lake/37th Avenue intersection,
19 which would reduce the setback on this property
20 _ even farther;
21
22 *whether a -house this small on a lot which is
23 - thousands of feet smaller than the Ordinance
24 allows would fit into this neighborhood or even
25 into St. Anthony, which Mr. Hoxmeier considers a
•26 first class City;
27
28 *whether this development would be in the best
29 interest ,of the surrounding property owners.
30
31 Mr. Hoxmeier told of the problems the neighbors in that area have
32 experienced whenever there is a heavy rain or snowfall. He- also
33 wondered where the new home owner would plow his snow. The neighbor
34 questioned whether . in view of the fact that Mr. Campbell' s ownership of
35 the lot was questionable at best, this was in fact "nothing more than -a
36 development for profit. "
37
38 Jerome Shaddrick and his mother,. Marjorie Shaddrick, who live in the
39 double bungalow east of the subject property at 2510 and 2508 - 30th
40 Avenue N.E. , also spoke against the variance requests. Mr. Shaddrick
41 said:
42
43 -most of the homes along 37th Avenue have at least 40
44 foot front .yard .setbacks, including the new duplex on
45 Silver Lake -Road;
46
47 he had talked to Dr. Hilger, : who owns the animal hos-
48 pital across 37th-' and the veterinarian had .indicated he
49 didn' t think it would be fair for the City not to
50 -insist that the same setback he had been obliged to
-51 provide �when::he. built- be provided on this, property
• 52 when it is developed.
53
54
1 -6- •
2
3 Commissioner: Hansen.-•:interjected- at this point -that•he perceived before
4-:any further discussions were. held, -the ownership of the lot-- should be
5 established. :, Mr. Campbell: - told him he did not .yet own the lot but the
6' owner' s brother' had told- him:' of ter Elton' s death that '.'it' s -your lot for
7 the same price agreed.�upon by Elton and we'-1.1- draw up the papers to that
8 effect as soon as you get the variance. "
9
10 Move to Table Ruled Out of Order
11
12 Commissioner Hansen 'then moved and Commissioner : Madden seconded his.
13 motion that the matter be tabled until' staff had established legal
14 ownership for - the property.
15
-16 Before the motion was voted omit was noted that the hearing had not yet
17 been closed.
18
19 When the - Chair asked Mr: Childs whether it was vital that only the
20 owner apply for the variance, the Manager told her he recalled there had
21 been cases in _the past where an option to buy had been contingent on a
22 variance being granted. Mr. Hansen pointed out that the application had
23 indicated Mr. Campbell was the owner and -it now appeared that statement
24 had been disputed by Mr. Hoxmeier: Commissioner Werenicz agreed that it
25 might take a long time for the estate to be settled and the ownership of
26 the lot established. •
27
28 The Chair ruled that those persons who were present to provide- input to
29 the discussion should be allowed to speak before the hearing .was closed..
30
31 Mr., Shaddrick continued his testimony as follows:
32 .
33 -said he -perceived a house so close to 37th Avenue would
34 cut down his vision of traffic coming from the west;
35
36 -indicated that if now were piled at the intersection as
37 it had been in years past, that vision would be further
38 impaired which could "endanger my life and my young
39 son' s" ;
40
41 -reported he had paid an outside service to remove the
42 snow piles in front of this lot in the past;
43
44 -agreed that a house on the lot would only increase the.
45 water buildup problems, -his- neighbors experience;
46
47 -commented that it would be "a major expense for the
48 City. 'to move that house if 37th- Avenue were widened" . .
49
50 The Chair responded .. that,.. - although the - City .had turned down, a request
51 for- -a duplex- on •this -property • in 197.9 ;- there had been some doubt
52 whether ' a' court case -would- have supported that• action and case law since•
53 then seemed .:to'. indicate.: that- prohibiting. development altogether might be
54 considered.•to, be "taking" the property for which the City would have to
s 1 =7-
2
3 compensate the owners.. Commissioner -Hansen said he just wanted." to know
. 4 who- had filled -out the application for a variance, filling in Mr.
5 Campbell' s name as the owner.
6
7 Mr: Cadwallader stated that, as an .agent to Mr. Campbell, he had signed.
8 both- his own and Mr. Campbell' s name on the bottom of the, document. He
9 .said he had filled in Mr..- Campbell' s name as owner because .that was what
10 "I had been told by Mr. ' Campbell and to the best of my knowledge was
11 the case. "
12
. 13 Mr.. Childs indicated he would check with the City Attorney to see.
14 whether the fact that there was an agreement to sell had any bearing in
15 view of the fact that the variance goes with the property and not the
16 owner. -He also pointed out that even an error in the hearing notice
17 would not have nullified the hearing itself.
18
19 Commissioner Werenicz suggested the City Attorney also be requested to
20 look at the probate records to see if Don Flynn was the only person who
21 could sell this property.
22
23 When Chair Franzese asked Mr. Campbell what he intended to do about the
24 drainage on the lot, the contractor said he planned to build a split
25 level house without a full basement and would provide any swale the City .
026 believed necessary to handle the runoff. He said the company who had .
27 made a soil test of the parcel had not indicated they anticipated any
28 water problems.
29
30 Mr. Hoxmeier said if the grade of that parcel is raised, he . certainly
31 expected to have water problems. Marjorie Shaddrick stated that she had
32 a hard time understanding why the City was considering any development
33 of this lot since they had turned down a request because the lot was too
34 small in 1979. The Chair told her the lot's R-2 zoning permitted "either
35 a two or one family . dwelling to be constructed there and since the
36 -request- for a duplex had been turned down, the owner has every right to
37 seek approval for a single family residence.
38
39 Mr. Childs read the portion of the American Laws on Zoning which he had
40 included in the agenda packet which applied to "substandard" lots, . which
41 seemed to - indicate not allowing the owner to build at all would be
42 considered "taking" .of the property for which the City would have to pay
43 compensation. He said an unreasonable sized house could be regulated,
44 but since -this house would only . be' . 11 square feet less than the
45 Ordinance required, the, .Manager doubted that was :possible: in this case.
46 However,' the City can require that the driveway: come -off Roosevelt and
47 that drainage be provided .to prevent a negative impact' on the neighbors'.
48 property, he added.
49
50 When -the- Manager- said the only - other use he :perceived for that property
5,1, would be. a park:;Mr Shaddrick � said he thought some of the neighbors- who
02 had signed the petition against a house being built there had children
53 like himself and would welcome the -City' s picking up the property fora.
54 that, purpose: He indicated .that, in. view of the potential for a traffic
2
3 accident -because, 'of-.' a development. on that corner-, he considered a '?human
4:. life-.to be more valuable than a house.,
5
6 The hearing was closed -at 8: 45 . P.M. .at which time - the motion to table
7 was repeated:
8
9 Motion by Hansen', seconded *by Madden to table. the request. for variances
10 for the property at the corner of 37th_ Avenue N.E. and Roosevelt Street
11 until such time as the legal ownership -of the property is established as
12 well as the fact that the application itself is a legal document.:
13
14 Voting on the motion:
15
- 16 Aye: Hansen, Madden, London, . Wingard,- Wagner, Werenicz.
17
18 Nay: Franzese.
19
20 Motion carried.
21
22 Mr. Childs assured Mr. Hoxmeier that, although the public hearing had
23 already been held on the issue; he would notify the- neighbors when the
24 next consideration of the variance request was to be held.
25
26 Approval Recommended for Salvation Army Camp Picnic Shelter •
27
28 The floor plans for the above structure as well as a copy -of the land
29 use and facilities development- plan for the camp had been attached to
30 the City Manager' s June 12th memorandum recommending approval of the
31 shelter. Mr. Childs explained that any construction in a
32 Recreational/Open Space zoned -area had to be reviewed by. both the
33 Planning Commission and -Council to determine the design: would be
34 compatible to the natural environment of the area.
35
36 The contractor, Gary Dooner of DuAll Services, -Inc. ,. 636=39th Avenue
37- N.E. , said he was responsible for not seeking . a -permit for the .shelter
38 before construction started. He said the shelter was being constructed
39 of cedar boards and would match the Salvation Army' s other 'structures
:40 which had all been erected -to fit into the surrounding area.
41
42 Dale Westberg, representing the Salvation Army, indicated the planning
43 consultant they had hired .. would be coming sometime soon to the City . to
44 share the Army' s plans for -.further expansion of the .camp. and to. seek. the
45 necessary permits for future ' struc.tures . included in those plans.
46
47 Commission Recommendation:. . .
48
49 Motion by Wagner, seconded by..Hansen ' ..to recommend the Council approve
50 :the plans for the' picnic shelter .,.proposed .for• the Salvation-.. Army .Camp
_51 '-based 'on 'the ,information '-on- thee. eonstruc.tion and , location of the. shelter
.52 which had been submitted , to the ; Planning Commission during -their June ,
53 16, 1987 meeting.
54
• 1 -9-
2
3 Motion carried unanimously.
4
5 Staff Awaiting Response from Dairy Queen. Owner
6
7 Mr. Childs had included in the agenda packet a copy of his June 10th
8 letter to A1 -Plaisted relating to the excess signage on the above store.
9 He said he expected a reply from the store .owner .soon and would -report
10 back to the Commission any solutions he, worked out with Mr. Plaisted to
11 correct violations to the Sign Ordinance.
12
13 Manager' s Update on Kenzie Terrace Project
14
15 Mr. Childs said he understood it was true that the Kenzington owners
16 were adjusting the prices for the unsold condominiums and were offering
17 to guarantee sale of a buyer ' s home at the price they agreed upon as
18 part of the deal. He also indicated the meeting with the Northeast
19 Minneapolis neighbors regarding the completion of Phases II and III now
20 that the developer had defaulted on his redevelopment contract had been
21 delayed until staff had an opportunity to explore Alderman Dziedzic' s
22 suggestion that the project might become a joint Minneapolis/St. Anthony
23 effort with the Minneapolis Community Development Agency.
24
25 The City Manager confirmed that barbecuing is not permitted on City
06 apartment balconies.
7
28 ADJOURNMENT
29
30 Motion by Wagner, seconded by Madden to adjourn the meeting at 9: 05 P.M.
31
32 Motion carried unanimously.
33
34
35 Respectfully submitted,
36
37 Helen Crowe, Secretary
38
39
40
41
42 :cjk
•
Date:
Fee:
• CITY OF* ST'.' ANTHONY
Application for Subdivision/Plat Approval
Applicant Phone # 76 -7�2 Y-7
Address ;V306 Qelcle., or.
Status of Applicant (owner, buyer,. renter, agent, etc . ) . p Lo )7 ,e
Present Legal Description of Property to be Affected ._ .)oAn.s,n Hr"'U^
Dui Iit A
Proposed Legal Description of Property -to be Affected 5 e e cy HG c e J S/J spy
Street Address 3306 ,8& ICI Ch A".
Zoning District in Which Property is Located . -J
Specify any Necessary Easements.
•
Area of the Plat/Subd. Number of Parcels
Attach a copy of the proposed plat showing the proposed name of the plat,
the location within the City, the names of the present owners , the scale ,
the date of preparation, the northpoint, surrounding property, all public
utilities and easements and other such necessary information or documenta-
tion as is requested by the City Manager or the subdivision./platting ordin-
ance.
DO NOT WRITE BELOW THIS LINE
FOR STAFF USE ONLY
1 . Fee calculation ($25 . 00 plus $1 . 00 per lot to a maximum of $150 .00)
2 lots = $27 .00
$ 27 . 00
2. Conformance to design criteria yes ' no
Exceptions :
06 -29- 87A * 27o00CK
CITY OF ST. ANTHONY
NOTICE OF HEARING
SUBDIVISION WITHOUT PLATTING
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a- public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, July
21 , 1987 , at 7 : 35 P.M. in the Council Chambers of the City Hall,
33.01 Silver Lake Road (enter northeast corner) for the purpose:
Consideration of a request from Rick Johnson, 3306 Belden
Drive, for subdivision without platting to allow transfer
of a parcel of land approximately 22 feet X 72 feet in
size from Outlot A to Outlot B of Johnson Manor Sub-
division, Hennepin County, Minnesota ( located in the
northeast corner of the intersection of 33rd Avenue N.E.
and Edward Street) . The purpose of the transfer is to .
transfer unused land from the tennis court common area to •
the rear yard of Mr. Rick Johnson.
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: July 8 , 1987
i
OUTLOT A, ,:OHNSON MANOR MAILING LIST. 7/87
John R. Johnson Katherine .Knutson Robert F. Kluwe
3400 Harding 2609-34th Ave. N.E. 2600-34th Ave,: N.E.
• Anthony, "MN- 55418 St. Anthony, MN 55418 St. Anthdny, MN 55418
Daniel Kramer Robert Churilla Theodore Wasnick
2604-34th Ave. N.E. 2608-34th Ave. N.E. 2704-34th Ave. N.E. '
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Ronald Sonmore Joseph Barna Alida W. Kuiper
2708-34 th Ave. N.E. 2712-34th Ave. N.E. 3312 Edward
St. Anthony, MN 55418 St. Anthony, NN 55418 St. Anthony, MN 55418
Peter Leba John Peyla Timothy Dickson
3316 Edward 3320 Edward 3326 Edward
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
S. Winter/M. Rodrigiz Michael Peterson Danny M. Kagol
3330 Edward 3313 Edward 3401 Edward
St. Anthony, MN 55418 St. Anthony, .MN 55418 St. Anthony, MN 55418
Vincent Ella 0. M. Thompson Rick Gersdorf
3300 Belden Drive 3302 Belden Drive 3304 Belden Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
'Mike Dickson Elizabeth Heller
1855 Benjamin N.E. 1225 LaSalle Francis H. VonDell
~Minneapolis, MN 55418 Minneapolis, MN 55403 3312 Belden Drive
Re: 3304 Belden Re: 3310 Belden St. Anthony, MN - 55418
Robert H. Duncanson Karen Dovenmuehler Lester K. Reisberg
3314 Belden Drive 3301 Belden Drive 3303 Belden Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Robert M. Breening Kenneth Utke Arthur J. Tarnowski
3305 Belden Drive 3307 Belden Drive 3309 Belden Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
M. Sandberg Eleanor P. Goodman Ann C. Milner
3311 Belden Drive 2109-33rd Ave. N.E. 2713-33rd Avenue N.E.
St. Anthony, MN 55418 St.' Anthony, MN 55418 St. Anthony, MN 55418
41 Im! A. /�
t�
Rick Johnson
J. R. Johnson Supply E
2528 Long Lake Road
s.-. St. Paul, Minnesota 55113
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All that part of Outlot A, Johnson Manor, Hennepin County, Minnesota, .described
as follows:
F Beginning-at the southeast corner of said Outlot A; thence North 39
- degrees 53 minutes 00seconds West along the south line of said Outlot. A
a distance of 72.10 feet; thence North' O degrees 21 -minutes 32 seconds [Jest
a distance of 22.17 feet; thence North 89 degrees 26 minutes '40 seconds
East a distance of 72.24 feet to the east line of said Outlot A; thence
South -0 degrees 00 minutes 14 seconds East along said east line of said
Outlot A a distance of 22.88 feet- to the point of beginning and there
terminating. - is
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P�.e.T o� Smra�JSo+I M kwloti �a
1
herebv certify that this surve y. plan-plat.prcliminary plat or report %vas prepared by me or under
.
my direct -supervision and that I am a duly Registered Land Survevor under the laws of the State
of Minnesota.
��.
Re-. No. Date Job No. Book No.
Date:
Fee.
• CITY OF ST. ANTHONY '
Application .for Subdivision/Plat -Approval
Applicant iQ;�� S �)� �► n s a n Phone
Address --21-306 Qe-iden Qr.
Status of Applicant (owner, buyer, renter, agent, etc . ) p w J7 e.+
Present Legal Description of Property .to be Affected �s+�►�s�,, /jli,;�,.
out hJ A
Proposed Legal Description of Property to be Affected See
Street Address 33 06 ICI C.., On
Zoning District in Which Property is Located R-J
Specify any Necessary. Easements
•
Area of the Plat/Subd. Number of Parcels
Attach a copy of the proposed plat showing the proposed name of the plat,
the location within the City, the names of the present owners, the scale ,
the date of preparation, the northpoint, surrounding property, all public
utilities and easements and other such necessary information or documenta-
tion as is requested by the City Manager or the subdivision/platting ordin-
ance.
DO NOT WRITE BELOW THIS LINE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FOR STAFF USE ONLY
1 . Fee calculation ($25 .00 plus $1 . 00 per lot to a maximum of $150 .00)
2 . lots = $27 . 00
$ 27 . 00
2. Conformance to design criteria yes no
Exceptions :
•
06 - 29 - 87A * 27 . 00R
4
1
CITY OF ST. ANTHONY
NOTICE OF HEARING
SUBDIVISION WITHOUT PLATTING
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a- public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, July
21, 1987 , at 7: 35 P.M. in the Council Chambers of the City Hall,
3301 Silver Lake Road (enter northeast corner) for the purpose: j
Consideration of a request from Rick Johnson, 3306 Belden
Drive, for subdivision without platting to allow transfer
of a parcel of land approximately 22 feet X 72 feet in
size from Outlot A to Outlot B of Johnson Manor Sub-
division, Hennepin -County, Minnesota ( located in the
northeast corner of the intersection of 33rd Avenue N.E.
and Edward Street) . The purpose of the transfer is to
transfer unused land from the tennis court common area to •
the rear yard of Mr. Rick Johnson.
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: July 8, 1987
—�
OUTLUJ ';, JOHNSON MANOR i-IAILIN "> LIST 7/87 a
John R. Johnson ' Katherine Knutson Robert F. 4(luwe
3400 Harding 2609-34th ,Ave. N.E. 2600-34th Ave—N.E.
Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Daniel Kramer Robert Churilla Theodore Wasnick
2-604-34th Ave. N .E. 2608-.34th Ave. N.E. 2704-34th Ave. N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Ronald Sonmore Joseph Barna Alida W. Kuiper
2708-34 th Ave. N.E. 2712-34th Ave. N.E. 3312 Edward
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Peter Leba John Peyla Timothy Dickson
3316 Edward 3320 Edward 3326 Edward
St. Anthony, MN 55418 St. Anthony, •MN 55418 St. Anthony, MN 55418
S. Winter/P . Rodrigiz Michael Peterson Danny M. Kagol
3330 Edward 3313 Edward 3401 Edward
St. Anthony, MN 55418 St. Anthony, ,MN 55418 St. ,Anthony, MN 55418
Vincent Ella 0. M. Thompson Rick Gersdorf
3300 Belden Drive 33G2 Belden Drive 3304 Belden Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Mike Dickson Elizabeth Heller
1855 Benjamin N.E. 1225 LaSalle Francis H. VonDell
Minneapolis, MN 55418 Minneapolis, MN 55403 3312 Belden Drive
Re: 3304 Belden Re: 3310 Belden St. Anthony, MN 55418
Robert H. Duncanson Karen Dovenmuehler . Lester K. Reisberg
3314 Belden Drive 3301 Belden Drive 3303 Belden Drive
St. Anthony, MN 55418 _ St. Anthony, MN 55418 St. Anthony, MN 55418
Robert M. Breening Kenneth Utke. Arthur J. Tarnowski
3305 Belden Drive 3307 Belden Drive 3309 Belden Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
IlSandberg Eleanor P. Goodman Ann C. Milner
3311 Belden Drive 2709-33rd Ave. N.E. 2713-33rd Avenue N.E.
St. Anthony-, MN 55418 �t. Anthony, MN 55413 St. Anthony, MN 55418
i .
s
x�
Rick Johnson
J. R. Johnson Supply
2528 Long Lake Road
z... St. Paul, Minnesota 55113
_ as
O cd
TcNU�s P..ao ? I
I 1 1 N
I qI VI �Ij
0
ICJ y, rte.
x
o N64°26'40"E 72:24 `,
�J 7
7ZIOO o0
Vi
lvO /� 5 TcF �iroE ef!'ciTco¢.4 f
OU7LoT Q
i
All that part of Outlot A, Johnson Manor, Hennepin County, Minnesota, describedi
as follows:
Beginning-at the southeast corner of said Outlot A; thence North 89
degrees 53 minutes 00seconds West along the south line of said Outlot A
a distance of 72.10 feet; thence North 0 degrees 21 -minutes 32 seconds West
a distance of 22.17 Feet; thence North 89 degrees 26 minutes -40 seconds
East a distance of 72.24 feet to the east line of said Outlot A; thence
South -0 degrees 00 minutes 14 seconds East along said east line of said .y
Outlot A a distance of 22.88 feet. to the point of beginning and there
terminating. .
0 Oeooves I/z'� I✓Cm�J Ptlotz A�"J0 CAI,A�zo K.I.S roe3 Z
11-L-" IVtav NOwZJM%, T P-nT oV� T�O.,.rZSo.Z M kwb.c..
~ I herebv certify that this survey, plan plat,preliminary plat or report %vas prepared by me or under
my direct supervision and that I am a duly Registered Land Survevor udder the laws of the State
of Minnesota.
Reg. No. Uate Job No. Book No. '
CITY OF ST. ANTHONY
NOTICE OF MEETING
VARIANCE PETITION
TO WHOM IT MAY CONCERN:
Notice -is hereby given that the Planning Commission .of the
City of St. Anthony will meet on Tuesday, July 2.1, 1987, at
7 : 50 - P.M. in ' the Council Chambers of the City Hall, 3301
Silver Lake Road (enter , northeast corner) to discuss the
request relating to the lot located at the southeast corner
of the intersection of 37th Avenue and Roosevelt Street N.E.
for Variances from the provisions of the Zoning Ordinance to
allow construction of a single family home on said 45. 4 foot
X 124 . 41 foot lot.
Questions. regarding this matter can be referred to the City
Manager, 789-8881 .
David M. Childs
City Manager
s
RANDALL, DEHN &. GOODRICH •
ATTORNEYS AT LAW
2140 FOURTH AVENUE NORTH
ANOKA, MINNESOTA 55303
GERALD M.RAN.DALL TELEPHONE 421-5424
WILLIAM K.GOODRICH .AREA CODE 612
DOUGLAS J. DEHN
THOMAS M.FITZPATRICK June 22, 1987
The City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN. 55418
Attention: David Childs, City Manager
Re: Application of William Campbell
Dear Mr. Childs':
I represent Donald Flynn, who will shortly be appointed Special
Administrator of the Estate of Alton T. Flynn, deceased. Mr. Flynn
was the owner of a certain lot in the City of St. Anthony for which
William Campbell has filed a petition for a variance to build a •
26-foot by 38-foot house upon said lot.
This letter is to inform you that Don -Flynn, as Special Admin-
istrator "to be" concurs with Mr. Campbell.'s application. It is my
understanding, upon talking with you, that the lot would not be
buildable without obtaining this variance. Should you have any ques-
tions, do not hesitate to contact me.
Very truly yours,
DJD:mv Douglas .-J. Dehn
cc: Donald Flynn
S. Warren Gale
•
. , ® :
1 is e
I AT E : APPROVAL :
June..12, 1987
T O : Planning Commission Members
FROM :
David M. Childs, City Manager
='IM EM : VARIANCE REQUEST FROM BILL CAMPBELL FOR CORNER OF 37TH AVENUE N.E. AND
ROOSEVELT STREET N.E.
This request from Bbill Campbell for a variance to construct a house on the existing
lot of record located at the corner of 37th Avenue N.E. and Roosevelt Street N.E.
As described in the notice, several variances are required:
Lot size, 5,648 sq. ft. - 11,000 sq. ft. required for single family;
14,000 sq. ft. required for duplex
Minimum house size, 988 sq. ft. - 1,000 sq. ft. required
Setback from 37th., 14 ft. - 30 ft. are required.
If the lot were not a "lot of record" , or if it were a full size lot with the owner wanting
to build a larger house, no hardship could be shown. But in this case, as you will
note from the excerpts -from the American Law of Zoning, we have a situation for which
variances were originally intended. Strict enforcement of the setback requirements
would allow a house- only- ten feet in width, which truly represents a hardship. The
consequences of denying a property owner any use of his land also has strong legal
implications with the whole issue of "taking".
Appl-ication for a'- variance to build a double bungalow was made in 1979 by Andrew.
Kocisczk and the City denied the variance. Since the owner still had an option to request
a single -family dwelling; this denial probably did not represent a "taking" by the City
but was surely in a grey area and the owner might possibly have been successful in
court in gaining approval to build had he pursued the matter. The Planning Commission
cited the fact that Mr. Kocisczk was not the original owner of the lot, and thus was not
eligible for a variance. This argument will not work. The lot of record agreement
goes with the property not the owner. If Mr. Kocisczk owned the adjacent lot, he would
not be entitled to a variance, but this was not the case in this situation.
I recommend approval of the variance with the provision that the driveway come from
Roosevelt so that adequate parking is available to keep the cars off the right-of-way.
One area where the applicant should be questioned is whether a 24 foot wide house:
(with a 16 foot setback from 37th) -might work just as well as a 26 foot house.
:c j k6 . 16.87
le .
�Qn
C f �1 r
. D
("• 1
-3- jC-C--,16 11
3 Variance for Corner of 37th Avenue N.E. and Roosevelt Tabled . .
4 ..
5 At 7 : 52 P'.M. the hearing on the above was opened by the Chair who read,
6 aloud the notice of the hearing which had been .published in the June 3 ,
7 1987 Bulletin and mailed to all property owners of record within 200
8 feet of the subject property. _ No one present reported failure to
9' receive the notice or objected to its content.
10
11 Applications for variances for:
12
13 -lot size of 5, 648 square feet. where 11 ,000 square feet are
14 required for a single family home and 14 ,000 square feet for a
15 duplex;
16
17 =minimum house size of 988 square feet where 1 ,000 square feet
18 is required;
19
20 -setback from 37th Avenue N.E. of 14 feet where 30 feet are
21 required on both sides - of corner lots.
22
23 Staff report: -Mr. Childs June 12th memorandum indicating the lot in
24 question to be a "lot of record" in existence before
�25 the Ordinance was adopted;
26
27 -advised that case law had indicated. denying an owner
28 the use of his land could be expected to have strong
29 legal implications related to "taking" ;
30
31 -told Commissioner Madden he did not feel that the same
32 thing would be true of the 12 foot wide lot on 33rd
33 which had once been a utility easement;
34
35 -recommended approval as long as the driveway is off
36 Roosevelt Street;
37
38 indicated the lot was zoned R-2 (two family dwelling) .
39 but the Council had rejected this option in 1979 be-
40 cause of too little space but had not foreclosed the
41 option of. a single family dwelling being erected;
42
43 -pointed out on a plat map that, although most the lots
44 on the same side of Roosevelt were 45 feet wide, those
45 across the street were only 40 feet wide;
46
47 -said the blueprints -in the agenda packet were only an
48 example of the type -of house which would be built on
49 the lot since the - garage would have to be constructed
50 on the Roosevelt side . If a deck is added, it would
051 have to be built on the east side;
52
53 -told the Chair this was one of those cases where the
54 south setback would be. interpreted to be the side yard.
i
1 -4-
2
3 Proponents: -_Jake Cadwallader of Cadwallader Realty, 3901 Silver
4 Lake Road reported Bill Campbell had a' person who •was
5 - interested in having. a home built on that lot;
6
7 -said, although the 'setback propo'sed, for that home would
8 not meet the City's requirement -for a 30- foot front
-
9 yard, this would not be the first instance where. a home
10 penetrated that ' setback on-37th Avenue;
11
12 -cited the house on the corner of 37th and Coolidge as
13 being almost -as far forward and several others as en-
14 croaching to a lesser degree.
15 _
16 -Bill Campbell, Campbell, Campbell Construction, Inc. ,
17 12409 Drake Street N.W. , Coon Rapids, said he would be
18 glad to provide a revised blueprint which .would show _
19 the driveway coming off Roosevelt.
20 -
21 Mr. Childs provided Commissioners with copies of a June, 12th letter from
22 Barbara Helfrey, 3645 Roosevelt Street opposing any structure on that
23 "sub-standard lot" , perceiving a potential for a traffic hazard with a
24 house to close to that busy intersection; interference with the house
25 alignment on 37th Avenue N.E. ; . and finally, devaluation of market values
26 of surrounding homes.
27 -
28 Other
29 opponents: -Kenneth J. Hoxmeier, 3657 Roosevelt Street ( just south
30 of the subject lot) , submitted a petition against the
31 development of this lot which had been signed by
32 several of his neighbors;
33
34 -said he questioned -the application indication that
35 Bill Campbell was the owner of the lot because Don :.
36 Flynn, a brother of the owner Elton Flynn, had told
37 Mr. Hoxmeier his brother had died and the property
38 ownership, which eventually go to him and his sister,_:
39 was still in probate;
40
41 -said Don Flynn had told him his brother and Mr. Camp--
42 bell had agreed prior to Elton' s *death that Mr. Camp-,`
43 bell would build a house on the lot if the necessary `,
44 variances could be gotten;
45
46 -indicated Don Flynn had gotten a notice from St. An
47 thony that, as the owner of the property, he would
48 have to cut the grass or pay to' have the City crews
49 do so, as they had in the past;
50
51 reported his neighbors ' concerns.-with permitting a •
52 house to be built on the lot included:
53
54
f•1 -5-
2
3 *the City granting a variance which would be . over
4 - 50% of the required setback;
5
6 *potential blocking of -vision of drivers who are
7 unfamiliar with that street, especially the
8 speeders who are tagged by the police now;
9
10 *snow storage on that corner :_would further obstruct
11 the drivers ' vision;
12
13 *the bus stop on 37th and overhead wires which
14 might have to be put underground, add to the con
15 gestion on that corner;
16
17 *the possibility that 37th might be widened to
18 match the Silver Lake/37th Avenue intersection,
19 which would reduce the setback on this property
20 even farther;
21
22 *whether a house this small on a lot which is
23 thousands of- feet smaller than the Ordinance
24 - allows would fit into this neighborhood or even
4 5 into St. Anthony, which Mr. Hoxmeier considers a
6 first class City;
27
28 *whether this development would be in the best
29 interest 'of the surrounding property owners.
30
31 Mr. Hoxmeier told of the problems the neighbors in that area have
32 experienced whenever there is a heavy rain or snowfall. He also
33 wondered -where the new home owner would plow his snow. The neighbor
34 questioned whether in view of the fact that Mr.. Campbell' s ownership of
35 the lot was questionable at best, this was in fact "nothing more than a-
36 development for profit. "
37
38 Jerome Shaddrick and his mother, Marjorie Shaddrick, who live in' the
39 double bungalow east of the subject property at 251.0 and 2508 - 30th
40 Avenue N.E. , also spoke against the variance - requests. Mr . Shaddrick
41 said:
42
43 -most of the homes along 37th Avenue have at least 40
44 foot front yard setbacks, including the new duplex on
45 Silver Lake Road;
46
47 -he had talked to Dr. . Hilger, who owns the animal hos-
48 pital across 37th and the veterinarian had indicated he
49 didn' t think it would be fair for the City not to
50 insist that the same setback he had been obliged to
�1 provide when he built be provided on this property
52 when it is developed.
53
54
1 -6- 0
2
3 Commissioner Hanseni interjected at this point that he-'perceived before
4 any furthoar discussions- were held, the ownership of the lot should be
5 established. Mr. Campbell told him he did not yet own the lot but the
6 owner ' s brother had told him after 'Elton' s death that "it' s .your lot for
7 the same price agreed upon -by Elton and we' ll draw up the- papers to that
8 effect 'as soon as you get the variance. "
9
10 Move to Table Ruled Out of Order
11
12 Commissioner Hansen then moved and Commissioner Madden seconded .his
13 motion that the matter be tabled until, staff had established legal
14 ownership for the property.
15
16 Before the motion was voted on it was noted that- the hearing had not yet
17 been closed.
18
19 When the Chair asked Mr. Childs whether it was vital that only the
20 owner apply for the variance, the Manager told her he recalled there had
21 been cases in the past where an option to buy had been contingent on a
22 variance being granted. Mr. Hansen pointed out that the application had
23 indicated Mr. Campbell was the owner and it now appeared that statement
24 had been disputed -by Mr. Hoxmeier. Commissioner Werenicz agreed that it
25 might take a long time for the estate to be settled and the ownership of
26 the lot established.
27
28 The' Chair ruled that those persons _who were present to provide input to
29 the discussion should be allowed to speak before the hearing was closed.
30
31 Mr. Shaddrick continued his testimony as follows:
32
33 -said he perceived a house so close to 37th Avenue would
34 cut down his vision of traffic coming from the west;
35
36 indicated that if now were piled at the intersection as
37 it had been in years past, that vision would be further
38 impaired which could "endanger my life and my young -
39 son' s" ;
40 �.
41 -reported he had paid an outside service to remove the
42 snow piles in front of this lot in the past;
43
44 agreed that a house on the lot would only increase the
45 water buildup problems his neighbors experience;
46
47 . .. ,-commented that it would be -"a major expense for the
48 -�City__.to move that house if 37th Avenue- were widened'*' .
49
50 The' Chair responded-that, although the City had turned down a request
51 for -A duplex on this -property in '1979, . there - had been some doubt
52 whether a court case :would have supported th'at' action and case. law since'
53 then seemed to indicate .that prohibiting -development altogether might be
54 considered to be "taking" the property 'for which - the City would have to
r•1 -7-
2
3 compensate the --owners. Commissioner Hansen said he .just- wanted to know
4 who had filled out' the application for a variance, filling in Mr.
5 Campbell' s name as the owner .
6
7 Mr . Cadwallader stated .that, as an agent to Mr. Campbell, he had signed
8 both - his own and Mr. Campbell ' s name on. the bottom of the document. He
9 said -he had filled in Mr. Campbell ' s name as owner because that was what
10 "I had been told :by' Mr.. Campbell and to the best of my knowledge was
11 the case. "
12
13 Mr-. Childs indicated he . would check with the. City Attorney to . see
14 whether the fact that there was an agreement' to sell had any bearing in
15 view of the fact that the variance goes with the property and not the
16 owner . He also pointed out that even an error in the hearing notice
17 would not have nullified the hearing itself.
18
19 Commissioner Werenicz suggested the City Attorney also be requested to
20 look at the probate records to see if Don Flynn was the only person who
21 could sell this property.
22
23 When Chair Franzese asked Mr. Campbell what he intended to do about the
24 drainage on the lot, the contractor said he planned to build -a split
*5 level house without a full basement and would provide any swale the City
6 believed necessary to handle the runoff . He said the company who had
27 made a soil test of the parcel had not indicated they anticipated any
28 water problems.
29
30 Mr. Hoxmeier said if the grade of that parcel is raised, he certainly
31 expected to have water problems . Marjorie Shaddrick stated that she -had .
32 a hard time understanding why the City was considering any development
33 of this lot since they had turned down a request because the lot was too
34 small in 1979. The Chair' told her the lot ' s R-2 zoning permitted either
35 a two or one family dwelling to be constructed there and since the
36 request for a duplex had been turned down, the owner has every right to
37 seek approval for a single family residence.
38
39 Mr. Childs read the portion of the American Laws on Zoning which he had
40 included in the agenda packet which applied to "substandard" lots , which
41 seemed to indicate not allowing the owner to build -at all would be,
42 considered "taking" of the property for which the City would have to pay
43 compensation. He said an unreasonable sized house could be regulated,
-44 but since this house would only -be 11 square feet less than the
45 Ordinance required, the Manager doubted that was possible in this case.
46' However,, the City can require that the driveway come off Roosevelt and
47 that . drainage be provided to prevent a negative impact on the neighbors '
48 property, he added.
49
4 O - When. .the Manager -said the only other use he perceived for that property
1 wou-ld'-b'e. a park, Mr. Shaddrick said. he thought some of the neighbors who
-)2 .'-had signed the petition against a house being built there had .children
"53 like, hi"mself and would welcome the . City' s picking up the property for
54- that-- purpose.: He : indicated that , in view of the .potential for a traffic
1 -8- •
2
3 accident because •.of a, development on that corner.,..he. considered a "human..
4 life to be more valuable than a house. "
6 The hearing was closed at 8 : 45 P.M. at which time the motion to table
7 was repeated:
8
9' Motion by Hansen, seconded by Madden .to table the request for variances
10 for the property at the corner. of 37th Avenue N.E. and Roosevelt Street
11 until such time as the legal ownership of the property is established as
12 well as the fact that the application itself is a legal document.
13
14 Voting on the motion:
15
16 Aye: Hansen, Madden; London, Wingard, Wagner, Werenicz.
17
18 Nay: Franzese.
19
20 Motion carried.
21
22 Mr. Childs assured Mr. Hoxmeier that, although the public hearing had
23 already been held on the issue, he would notify . the neighbors when the
24 next consideration of the variance request was to be held. .
26 Approval Recommended for Salvation Army Camp Picnic Shelter
27
28 The floor plans for the above structure as well as a copy of the land
29 use and facilities development ' plan for the camp had been attached to
30 the City Manager' s June 12th memorandum recommending approval of the
31 shelter. Mr. Childs explained that any construction in a
32 Recreational/Open Space zoned area had to be reviewed by both .the
33 Planning Commission and Council to determine the design would be
34 compatible to the natural environment of the area.
35
36 The contractor, Gary Dooner of DuAll Services , Inc. , 636-39th Avenue
37 N.E. , said he was responsible for not seeking a permit- for the shelter
38 before construction started. He said the shelter was being constructed
39 of cedar boards and would match the Salvation Army' s other structures
40 which had all been erected to fit into the surrounding area.
41
42 Dale Westberg, representing the Salvation -Army, indicated the planning .
43 consultant they had hired would be coming sometime soon to the City to
. 44• share .the Army' s plans for further -expansion of the camp and to s.eek- the
45 necessary permits for future structures included in those plans.:::::• ,
46
47 Commission Recommendation:
48
49 Motion by Wagner, seconded by Hansen to recommend the Council approve
50 the..plans for•. the .picnic shelter - -proposed for. the •.Salvation Army - Camp
51 based .on the information on the construction and location of the shelter•
52 which- had been submitted to the Planning-.C'Ommission during their June!
.53 16, 1987 meeting.
54
-3-
.
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
8
9 d. extending the breezeway would bring it into alignment with the existing
10 garage.
11
12 _ Mot-ion carried unanimously._
144 REQUEST' FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH FACILITY FOR DAIRY QUEEN
15
16 The Chair opened the hearing at 7:54 P.M.
17
18 Notice of the hearing had been published in the October 8th Bulletin and mailed
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.
• 2�
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
35 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.
42
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
48 Eberhardt wants traffic flow to remain as is with no curbings
49 because of snow storage;
50 from one to three existing parking stalls to be removed;
51
Center anticipates no need to use parking near Dairy Queen
5 3 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 15 feet west of backside allowing three cars to
3
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
9 second story;
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
12 all Dairy Queen stores are dropping barn-like design.
13
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
2-5 the construction of a drive-through window' at the Dairy Queen, 2612 Highway
• 26 88, as part of hi's proposal to expand and remodel his store at that location
27 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;
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,
4.5 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.
''4 8
49 Motion carried unanimously.
50
51 REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
•.
52 --�
53 The Chair opened the hearing at 8: 15 P.M.
54
-55
f
-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 Plaisted and Charles Anderson (.same as for conditional
10 use pemit) .
11
12 Opponents: none.
13
14 Staff input: suggested recommendation of denial because center already has
15 large pylon sign;
16
17 proposed two alternatives available to applicant:
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
23 reported Eberhardt representative had met with center owners
24 in New York and a plant for renovating the store fronts and
23 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
28 new tenants in center resu lted 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;
4,1
4 2 wants to maintain existing sign on roof if request for this sign is refused;
4 3 . sign is part of mansard roof which all Dairy Queen stores would be having
44
45 from now on.
46 Commission Response
47
48 Franzese: not happy about second signs City has already approved in that
4.9 area.
50
51 Madden: supported the ordinance restriction of pylon signs;
52 told the applicant the Commission could only address his request
53 for a free-standing sign at that hearing and the status of the
9 9. 9
54 rotating sign he currently has on his building would not change
as long as it is not altered more than 70%;
II �
-6-
• 1 suggested applicant sit down with staff to explore his other options
2 for signage acceptable to the City.
3 Hansen: would o
4 ppose 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 station
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
19 any further signage variances in the St. Anthony Shopping Center.
.20
21 Motion carried unanimously.
22
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
27 Notice of the hearing had been published in the October 8th Bulletin and mailed to
2g 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 a 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
48 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 to follow.
53
54
55
OIL, &AM
BLUE LINE CONSTRUCTION COMPANY
2827 NO. HELEN ST. • NO. ST. PAUL. MINNESOTA 55109 • (612) 777.7699
June 28 1987
Mr. Albert Plaisted
5210 Oconnell dr.
St. Paul, Mn. 55112
Dear Mr. Plaisted
This letter is in response to questions raised by the city of St. Xnthony re-
-garding your Dairy Queen store at 2612 Hwy. 88, in the St. Anthony Shopping Center.
As i understand, the questions are;
1. Does the permit for remodling, that was applied for and paid for reflect the
actual construction.
A. The answer is yes. The foundation and floor of the original store remained
intact. The construction of the building was as per nlan. That plan was
submitted to the city for approval. From that procedure a dollar amount for the
building permit was established. That receipt is attached to this letter.
2. Did we, (Mr. Plaisted and myself) represent to the Planning Commsssion and the
City Council the extent of remodling as it relates to the finished building.
• A. The answer is yes, to yhe best of my recollection.
3. Did we misrepresent the extent of the remodling and thereby void the grandfathering
of the roof top' rotating dairy queen sign.
A. No. As previossly stated, the cor..pleted building is just as it was conveyed
to the planning com�_ssion. As to the statement of a lowered roof line.
ghat is correct, the height of the top of the mansard and the top of the
dairy queen sign is lower than the original building.
To the best of my recollection, a brochure from Dairy Queen International
eras presented to the Planning Commission snowing the new mansard style,
which this building has and which Commission agreed fit the desired theme
of the St. Anthony Shopping Center.
4. The question of the Dairy Queen logo signs on the north and south side of the
roof mansard
A. Atthe meetings with the Planning Commission and City Council we �.�ere told
that each business -,.as allowed one mansard sign, but due to the location of i
the dairy queen building in relation to the remainder of the shopping center
and to the street intersections north and south of the building. That the 1
store may be allowed to have two mansard signs. At some point after starting . "
construction, we were notified by someone from the city that this building
could have the two signs.
I hope this information helps clear tin any misunderstanding.
Sincerql y
Charles E. Anderson
�': ... (owner)
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�I�I 1111
league ®f minnesota cities .
June 23 , 1987
To: Mayors, Managers and Clerks
From: Thomas L.' Grundhoefer , Staff Attorney
Re: Advisory on Recent- U .S. Supreme Court Case Affecting
Municipal Zoning Practices.
Cities have new reason to think carefully about municipal
regulations, especially those involving zoning and building
matters. Care should be taken to be sure that regulations are
important enough to justify the cost of defending against damage
claims likely to be encouraged by the case summarized below. It
would be better to make an evaluation_ of your ordinances now and
eliminate those that are, not worth defending , than to change city
regulations in the face of law suits to be expected in the future.
On June 7, 1987 the U .S. Supreme Court ruled that the U.S.
Constitution requires that a property owner be compensated for
economic losses incurred during the period of time in which a law
or regulation, later found to be an unconstitutional taking , is in
effect. Prior to the decision, municipalities could repeal the
invalid regulation and not have to pay compensation for the
period during which the regulation was in effect.
The case,. First English Evangelical Lutheran Church of Glendale v.
County of Los Angeles 55 L.W. 4781 , involved a challenge by a
church to an interim county ordinance prohibiting construction of
any new building within a flood plain area. When the church was
denied the right to build in the flood protection area, it sued
and sought damages for the period of time during which it was
denied the right to build.
The Court reasoned that temporary takings which, as here, deny a
landowner all use of his property, are not different in kind from
permanent takings, for which the constitution clearly requires
compensation. The Court also found no rationale for
distinguishing between regulatory takings and formal physical
takings.
The Court 's decision is based on a judicial assumption that the
ordinance denied- the church all use of its property for a
• considerable period of years, and they held that. "invalidation of
the ordinance without payment of fair value for the use of the
property during this period of time would be constitutionally
insufficient. "
1 03 university avenue east, st. paul, minnesota 55-1 01 (612) 227-5600
In -terms of analyzing the potential impact of the case on future
land use planning or other regula.to.ry practices, it is important
to recognize what the case does not stand 'for . The case does not
stand for the proposition that all interim or permanent flood
plain ordinances constitute a taking of .property requiring
compens.ation, 'nor does it establish a standard that would indicate
when a regulation results in a taking . To the contrary ,, the Court
acknowledges that the the county might avoid- the conclusion that a
compensable taking had occurred by establishing the denial of use
was insulated as part of the States authority to enact safety
regulations. Further , the Court stated mere fluctuations in
value during the process of governmental decision making , absent
extraordinary delay, are incidents of ownership and consequently,
not a taking. Finally, the Court stated, "we limit our holding to
the facts presented , and of course do not deal with the quite
different questions that would arise in the case of normal delays
in obtaining building permits, changes in zoning ordinances,
variances , and the like which are not before us today. "
The three dissenting justices stated that their major objection to
the majority' s holding is that the decision fails to establish a
workable standard for distinguishing between everyday regulatory
inconveniences and those so severe that they constitute a taking .
They also have trouble working with the majority ' s distinction
between non-compensable "normal delays" and delays that rise to
the level of a taking . The dissent suggests that the test for
regulatory takings requires an inquiry into the duration of the
restriction as -well as its scope and severity. The dissent simply
sees the need to provide a workable standard, a 'standard that is
so conspicuously absent from .the majority opinion.
What Should Cities Do?
Cities as always should make make findings to demonstrate that
their decisions are supported by legitimate health, safety and
welfare concerns . Zoning and other regulations should continue to.
be reviewed to assure that they do not deny landowners all
reasonable use of their property. Caution should be exercised to -.
be sure that regulations are important enough to justify the cost
of defending against potential claims likely to be generated by
the decision. On those rare occasions when a city adopts
regulations prohibiting all construction, the city should make
sure that such regulations are founded on sound public safety
concerns . Finally, - the decision seems to say that cities are
protected from allegations based on normal delays in the planning
process . In this regard , care ,should be taken to make sure that
regulatory and planning activities' do not become dilatory.
i
C=TY OF ST AN'2°a3ONY
COUNC2La M3:lgLy S
MAY 2 6 1 9 8 7
1 The meeting was opened at 7 :30 P.M. with the Pledge of Allegiance led by
2 'Mayor Sundland..
3
4 Present for roll call: Sundland, Ranallo, Makowske.
5
6 Absent: Enrooth (arrived at 7 : 35 P.M. ) and Marks.
7
8 Also present: David Childs, City Manager
9 William Soth, City Attorney
10 Dave MacGillivray of Springsted, Inc.
11
12 MAY 12 , -1987 COUNCIL MINUTES
13
14 Motion by Makowske, seconded by Sundland to approve the above with the
15 following changes
16
17 Page 3 , para. 4: Delete "the agenda" and "had made no mention
18 at all" and insert "was not listed on the
19 agenda" between "after" and "which" in line 2. -
20 .Page 9 , para. 1: Insert "with him" after "agreed" in line 2.
21 Page 12 , para. 4: Insert "no" before "more"Ih line 2.
22 Page, 12, para. 12: Delete "recreational" in line 1.
3 Page. 13 , para. 7: Insert "believed" after "strongly" in line 1.
4
25 Motion carried unanimously.
26
27 LICENSES/PERMITS/PETITIONS
28
29 Motion by Ranallo, seconded by Makowske to grant the following as listed
30 in the May 26 , 1987 Council agenda packet:
31
32 Contractors
33
34 Tom Walek Construction
35 CRS Construction
36 D & D Home Improvement
37
38 Multiple Housing Registrations
39
40 Kleinman Realty Company (Diamond 8 Terrace)
41 Ivy League Association ( 3804 Highcrest Road)
42 Sheldon Mortenson ( 3713-3800 Foss Road, Caravelle Apartments)
43 St. Anthony Health Center, Inc. (Chandler Place).
44 '
45 Temporary 3 . 2 Beer Permit
46
47 Lizabeth Olson, 3213 Hilldale for Class of 177 picnic in the Park
48 Pavilion from noon to 4: 00 P.M. , August 30, 1987 .
�49 -
50 Motion carried unanimously.
51
1 -2-
2
3CLAIMS
4
5Motion by Makowske, seconded : by: Sundland to. - approve. payment of the
6verified claims listed for the liquor accounts payable, for... April.. 30 and
7May 6 , 1987 in the May 26 , 1987 Council.:agenda packet.
8
9 Motion carried unanimously.
10
11Councilmember Enrooth arrived at 7: 35 P.M.
12
'13Mr. Childs was asked to discuss the telephone charges in the City
14Prosecutor' s May 11th billing- with the Hance . law firm.
15
16Motion' by Ranallo, seconded by Makowske to .approve payment of $1 ,831 . 0-3
17minus $6 . 03 to the Edward J. Hance law firm for prosecution services they
- 18had rendered from April 2 through. May 6 , 1987 .
19
20 Motion carried unanimously.
21
22Motion by Makowske, seconded by Enrooth to approve payment of $24 ,896 . 08
23to the Metropolitan Waste Control Commission for May sewer services.
24
25 Motion- 'carried unanimously.
26
27Motion by Ranallo, seconded by Enrooth to approve payment of $9,000. 00
28to School District #282 for the City' s use of the Parkview. facilities�
29during April, May, and June.
30
31 Motion carried unanimously.
32
33Motion by Enrooth, seconded by Makowske to approve payment of $930 . 15 to
34Bruce A. Liesch Associates, Inc. as the City' s .share of the costs . of
35identifying the water plume which had contaminated St. Anthony's water
36supply. The consultants will be requested to designate the City and not
37Mr. Childs as their client on future billings.
38
39 Motion carried unanimously.
40
41REPORTS
42
43MAY 19, 1987 'PLANNING COMMISSION MINUTES - COMMISSIONER JOHN MADDEN
44
45Herberger ' s/C. G. Rein Sign .Variance Request at Apache Plaza Granted With
46Conditions
47
48Application: to install two 5 ' 9" X 20 ' signs on the existing center
49 identification sign located near 39th Avenue N.E. and
50 on Silver Lake Road.
51
52Madden' s reiterated that the Planning Commission had perceived
53Report: this to be a unique situation where the anchor. tenant
54 would have no identification on the - center ' s main
r)
1 -3-
2
3 thoroughfare access and would be filling a space in the
4 center which had.-been vacant for six years;
5
6 said the Commission was recommending that variance only
7 be granted upon receipt of. a signed guarantee from the .
8 center owners that they- will request no further- sign-
9 age for that pylon sign;
10
11 as indicated in the minutes, the Commission -representa-
12 tive said the Commissioners had expressed some concerns
13 related to the- lighting, color, and length of time the
14 sign would be lit, but had included none of these in
15 their recommendations for approval.
16
17Proponents; Dennis Cavanaugh, President of C. G. Rein, who gave
18 Mayor Sundland the required document related to future
19 signage on the pylon sign, and the Mayor read the
20 agreement aloud.
21
22 *Mr. Cavanaugh told Councilmember Makowske, J. C.
23 Penney' s 'does have Silver Lake exposure from the north
24 going south;
25
26 *indicated that Penney' s had never asked to have
•27 signage on the pylon sign and if they did so now, he
28 would "simply have to tell them ' no' in light of,
.-his
29 agreement with the City" ;
30
31 *questioned whether, in view of Penney' s history of 26
32 successful years in Apache, the store would perceive
33 the need for such signage at this time;
34
35 *concurred with ' Councilmember Makowske that "bringing
36 shoppers into one store in the center would aid busi-
37 ness in all the stores in Apache" ;
38
39 *George Torrey, Executive Vice President of G. R.
40 Herberger ' s , Inc. was welcomed to St. Anthony by Mayor
41 Sundland who told the St. Cloud executive the Council
42 was looking forward to participating in Herberger ' s
43 grand opening.
44
45Council Action
46
47Motion by Ranallo, seconded- by Makowske to grant the request from Apache
48Plaza Ltd. for two 519" X 20 ' signs to be .mounted on the Apache Plaza
49pylon sign located at 39th Avenue N.E. and Silver Lake Road for
50Herberger ' s, Inc. , finding, as did the Planning Commission, that:
51
52 a. No persons_ were present ' at either the Commission hearing, May
•53 19th, or the Council consideration May 26, 1987 ,, to speak against
54 the variance;
1 -4-
2
3 b. The' three conditions., required to. be satisfied for .a variance had
4 been found '-in the. -affirmative by..both the Commission and ,.the
5 Councilmembers;
6
7 c. - This request was for a .unique situation in. which the anchor ten-
8 ant would have no identification on the shopping center ' s Silver
9 Lake Road access without the variance and the space to be occu-
10 pied had been vacant for six years .
11
12The Council' s approval of this signage is also based on the receipt
13during the meeting of a signed statement from the Apache Plaza management
14that they will request no further signage on the center ' s pylon sign.
15
16 Motion. carried unanimously.
17
18Council Decision on Evanson Request for Subdivision Without Platting for
193512 Silver Lake Road Laid Over Until June 3rd Council Meeting
20
21Application: for approval of the grading plan and final plat of the
22 above four unit subdivision located in Gardena Acres in
23 the 3500 blocks of Silver Lake Road and Belden Drive,
24 which the applicant stated, had been revised in accord-
25 ance with directions he had been given during the May
26 19th hearing on his request to subdivide without plat-
27 ting. •
28
29Madden' s indicated the two civil engineers on the Planning
30Report: Commission tended to get quite technical concerning
31 matters which related to surveys, boundaries, plats ,
32 etc.
33
34 said an example of this had been the Commissioners '
35 request that contour lines to designate how the pro
36 perty would slope, particularly towards the Larwick
37 property to the northeast facing Silver Lake Road;
38
39 did not perceive that information had been provided in
40 the revised grading plan Mr. Evanson had presented that
41 evening;
42
43 told the property owner he was not asking for a survey
44 of the Larwick lot but rather that contour lines denote
45 just how Mr. Evanson planned to get from an elevation
46 of 1 ,012 on the Silver Lake Road side to an elevation
47 - of 1,016 or 1 , 018 on the northeastern. parcel.
48
49Proponent: David G.' Evanson, 2208 - 73rd Avenue North, Brooklyn
50 Park, MN
51
52 *Mr. Evanson told the Commission representative that
53 part of . his proPerty was relatively level and he and •
54 his surveyor had agreed it would not be necessary to
1 -5-
2
3 show what would -in all probability be "only a tempor-
4 ary arrangement, .particularly if -Mr. Larwick decides to
5 grade his parcel prior to the development of my pro-
6 perty. "
7
8 *stated the reason no contour lines had been drawn .
9 between Mr. Forsberg' s .property on Belden. Drive and
10 Mr. -Larwick' s property had been because there was only
11 a two foot differential in grade between those proper-
12 ties;
13
14 ' *indicated that he talked to 'Mr. Larwick but had been
15 unable to get a slope easement from him because his
16 copy of the minutes requiring that easement had only
17 reached him that afternoon;
18
19 *disputed the minutes ' reference to a motion requirement
20 for "l to 2 feet on the lot, except at the northeast
21 property line" , saying his notes had shown only a 3
22 foot requirement within the final grades had been dis-
23 cussed with 5 feet at the northeast property line; .
24
25 *stated he believed the 5 feet would be within the
26 Larwick parcel.
7
28Councilmember Enrooth asked Mr. Evanson whether delaying a decision to
29the Council ' s June 23rd meeting would be a real problem for him. The
30property owner said that would probably be no problem because he had been
31unsuccessful in finding one person or contractor who would be willing - to
32take ,all the dirt at once. However, he said he was concerned that "every
33time I ' ve come back, having met all requirements, there' s another
34condition imposed on my request being approved. "
35
36Councilmember Enrooth responded that he was not suggesting additional
37conditions but rather only that the Councilmembers and staff might need
38more time to digest and fully understand the plans which had only been
39presented that evening. The Councilmember said he personally would need
40to know specifically how much ground was going to be removed before he
41could approve the plan.
42
43Mayor Sundland agreed that removing 7 feet of grade to obtain the
44required slope appeared to be substantial enough to warrant more
45specifics on just how that transition was going to be made.
46
47Mr. Evanson told him there was an' existing 10 foot transition along Mr.
48Forsberg' s side of the property and a 5 foot easement from Mr. Larwick
49would leave only a. 2 foot differential to be graded even if the grading
50were started immediately.
51
5.2Staff Report: Mr. Childs indicated he would check the tape of- the
•53 hearing minutes to clarify the disputed motion, but
54
S
1 -6-
2
3 perceived the two engineers and the grading contractor
4 who had been present for the- hearing had,. not appeared to
5 . have any real problems with the grading/drainage plan
6 per se, but had just wanted to get the slope differ-
7 entials nailed down;
8
9 suggested if the Council decided to make approval con-
10 'tingent on the Public Works Director ' s review of the
11' grading-plans, their motion should also include approval
12 of the final plan by the City Attorney.
13
14Three other persons were present for the discussion. John Forsberg, who
15owns the adjacent property -at 3513 Belden Drive, stated that the revised
16plans "seemed to meet all the requirements I was looking for" and . said he
17would be in favor of the Council approving the grading plan subject to
18the Public Works Director ' s approval.
19
20Chris Paidosh and Kurt Matthys, prospective buyers of two of the lots,
21indicated they were present only as spectators of the discussions.
22
23Council Action
24
25When Councilmember Enrooth' s motion to table the decision until the
26Council' s June 23rd meeting failed for lack of a -second, it was suggested
27that a decision might be deferred until the Council meeting which would•
28take the place of the regularly scheduled June 9th meeting, which
29conflicted with the League of Minnesota Cities conference in Rochester..
30
31Mr. Evanson indicated a June 3rd meeting would be acceptable to him
32because he was certain he would have the slope easement and Certificate
33of Title, which Mr. Soth had told him would be necessary for 'that
34meeting, available by that time.
35
36Motion by Enrooth, seconded by Makowske to cancel the June 9th Council
37meeting and reschedule it for 5: 30 P.M. , Wednesday, June 3 , 1987 , at
38which time a decision on Mr. Evanson' s request could be made. This delay
39would give the Council an opportunity to get staff feedback on which to
40base that decision.
41
42 Motion carried unanimously.
43
44DEPARTMENTS AND COMMITTEES
45
46The following : reports were ordered filed as informational after short
47discussions of several items in the first. two reports:
48
. 49 *May' llth report from- the Edward �J. Hance law firm on matters con-
. . 50 ducted at the Hennepin County District Court on May 6 , 1987 in which
51 they represented the City as City Prosecutor;
52 •53 *April Fire .Department report; - ,
54
1 -7-
• 2
3 -, , *March Financial report;
4
5 *Fire Chief•' s update ' on the. City. Emergency Plan.
6
7COUNCIL
8
.9Mayor Recommends - Street -Light in Vicinity of 31st Avenue. N.E< and Edward
10
11Mayor Sundland indicated that when the Operation Crime Watch Program.-had
12been initiated in his neighborhood the residents had , been told the
13Roosevelt/Edward Street area near 31st Street N.E. was too dark. This
14had resulted in a petition from those residents,. for a new street light
15which the Mayor- presented.
16
17Council Action
18
19Motion by- Sundland, seconded by Ranallo to direct staff to contact NSP to
20install a street light wherever feasible in the 3100 block of Edward
21Street N.E. and to contact the residents in that block .to let them know
22the light location.
23
24 Motion. carried unanimously.
25
26Makowske Reports May 20th Ramsey County League of Local Governments
�27Meeting
28
29A speaker at the above meeting had given an insight into what people are
. 30looking for in commercial and. residential buildings, the Councilmember
31reported. She indicated most prospective residential dwellers seem to
32want more water and greenery around them. Councilmember Makowske said
33she would like to have Dick Krier consultant to the H.R.A. on completion
34of Phases II and III of the Kenzie Terrace Redevelopment Project contact
35the RCLLG speaker, Mr. Katter, . of Rosewood Corp. , to get some ideas from
36him related to providing more of those amenities for the Kenzie Terrace
37project now that the study of that project has proposed reducing the
38number of housing units.
39
40Councilmember Will Report on Special RCLLG Meeting. on St. Paul Water, May
4127th
42
43Councilmember Makowske indicated she intended to attend the above meeting
'44-for which Mr. Childs had included a notice in the agenda. Mayor Sundland
45thanked her for promising to report back what she could learn from that
- 46meeting related- to the taste and odor- of the water the city might have to
47get from Roseville this summer.
48
49St. Anthony. Has Joined the Fresh Water Society
50
51Councilmember Enrooth said the, . above membership had come at his urging.
52He 'said this was a good- way, for the City to stay informed regarding the
•53impact of -water -usage , as well as shortages are going to have on this
54country because we' re using water faster than we can get it out of the
1 -8-
2
.3rround. The Councilmember said in light of the water contamination
4problems the City is now experiencing, he perceived it would be very
5appropriate for the City to.. learn -. .more about what' s going on in
6connection to water which exists and is usable in the country. The Mayor
7indicated he would like to accompany Councilmember Enrooth when he tours
8the Fresh Water Institute laboratory in Navarre.
9
10Staff and Councilmembers to Get Full Report on Bills Passed by the
11Legislature From the League of Minnesota Cities
12
13Councilmember Ranallo said, he learned the above at the LMC Board meeting
14he had attended. He said the report would include the 3% levy limits to
15be imposed on cities which, at least, had one favorable aspect for St.
16Anthony, because cities who depend on revenues from nursing homes, liquor
17operations, etc. to pay some of their operating expenses and who -are
18experiencing a downturn 'in those revenues will be permitted to file for 'a
19variance from the levy limitation. Mr. Childs was requested to get in
20touch with Joel Jamnick for more particulars on the variance.
21Councilmember Ranallo reported the LMC would be spending 2-1/2 hours
22during the Rochester conference going over what happened at the
23Legislature and what the fine print in the bills meant for the
24municipalities.
25
26CITY MANAGER
27
28The Association of Metropolitan Municipalities bulletin on their annual*
29meeting to be held May 23rd had been included in the Council agenda
30packet and Mr. Childs reported he had received no Council reservations to
31date.
32
33Manager Rebuts Army' s Claims for Contamination Removal System ..
34Effectiveness at May 20th Public Hearing
35
36Mr. .Childs reported his testimony at the above, indicating the City' s
37frustration that it had taken over six years for the Army to even admit
38the contamination had migrated from their arms plant to New Brighton, but
39still refused to take responsibility- for St. Anthony' s contaminated water
40supply. The Manager said he had pointed out all the taxpayers ' money
41which had been spent by the EPA, the MPCA, the State of Minnesota, and
42all the affected cities as well as the money spent by Honeywell and the
43Army to finally get to the point where the contaminators were finally
44assuming some responsibility and taking steps to prevent further
45migration from their property. . Dave McDonald of the Briggs and Morgan
46law firm and Ken Olson of Leisch Associates also testified in the City' s
47behalf , according to 'Mr. Childs. He said letters from Mr. Olson and the
48City would be sent to the Army as a follow-up of the testimony he and the
49City, consultants had given.
50
51Mr. Childs reported the Army had already removed more than 68 tons of raw
52TCE1s from the ground at the arsenal, an amount which had even surprise
�A
53thermy. However, the City Manager said he had questioned the Army°
54estimates that only 27 pounds of- contamination were migrating off the
1 -9-
2
3base .daily. of- the .:underground :water: .supply when compared to. the 68: tons
4of. .TCE' s which had been ,drawn- :from :only two small testing sites.
5
6Councilmember Ranallo. Designated to Vote for City: at LMC Conference
7
8Motion by Sundland, seconded by .Makowske to designate Councilmember
9Ranallo to . cast St. Anthony' s vote for LMC officer at -the League of
1OMinnesota Cities conference in Rochester.
11
12Voting on the motion:
13
14Aye: Sundland, Makowske, Enrooth.
15
16Abstention: Ranallo.
17
18 Motion carried.
19
20The other Councilmembers told the designate their .preferences for LMC
21Vice President.
22
23City Representatives Find Optical Scan Voting Machines Very Effective
24
25Carol Johnson and Larry Hamer were present for the .,Rochester election
. 26where the results were returned from the above within 22 . minutes of the
.027polls closing. Mr. Childs indicated staff had gotten some very helpful
28pointers on the use of the machines at the next election and were trying
29to get one of the machines to set up in the City offices so residents
30could practice voting on it.
31
32Manager to Continue Negotiating Purchase of Parkview Building at June 4th
.33Meetin2 with District #282 School Board Representatives
34
35Mr. Childs indicated thee had- been no major objections from the School
36Board to the preliminary agreement the City had presented for their
37response although the comment had been made that the agreement was
38perceived to be drafted to the City' s benefit.
39
40Chamber to Receive a Legislative Wrap-22 at Luncheon - at Chandler Place,
41June 16th
42
43Mr. Childs said this meeting had been agreed to by the legislators who
44had attended the Chamber ' s May 5th breakfast meeting but so far only
45Representative Rose had responded to the invitation to attend. The
46Manager is still attempting to contact Senator Marty, . he said.
47
. 48NEW BUSINESS
49
.:50$690 , 000 Liquor .Store Revenue Bonds Sold for Stonehouse Remodeling and
51Addition Project
1052 .
53Mr . MacGillivray of Springsted, . Inc. discussed the list of bidders for
54the above- who. .had participated- in the.-bid taking at 11 : 00 A.M.-that
1 -10-
2 .
- :3morning. ' He reported what he -knew about the McClees Investments Inc. who
4had submitted the low bid of $676, 890.. 00 at • 7 . 87% for the bonds. The
5financial adviser reminded - the- Councilmembers that 30, days ago
6Springsted had estimated the. interest rate at 8 .75% and since that time,
7the interest rate had shot up to where a 9% rate could have been
8expected.. The lower interest rate means the annual debt service would
9probably go down about $5 , 000 as would the funded reserve the .City would
10have to maintain, Mr: MacGillivray said. Although McClees Investments .
llis a relatively new firm, the firm. principal is John Eiden, who used to
12be with Dain Bosworth. He said the firm had always come through with
13other deals Springsted had with them.
14
15Council Action
16
17Motion by Ranallo, seconded by Enrooth to adopt Resolution 87-021 and to
18accept the low bid of $676 , 890 . 00 at 7 . 87% and award the contract for
19$690 ,000 in Liquor Store Revenue Bonds for the Stonehouse project to
20McClees Investments , Inc.
21
22 RESOLUTION 87-021
23
24 A RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM
25 AND DETAILS AND PROVIDING FOR THE PAYMENT OF
26 $690,000 LIQUOR STORE REVENUE BONDS, SERIES 1987
27
28 Motion carried unanimously.
29
30Council Approves Umbrella Insurance Coverage for City
31
32Mr. Childs reported he and Mark Flaten of American Risk had been able to
33negotiate umbrella coverage at $16 , 985 for a million dollars coverage
34which was a decrease from $17 , 303 paid last year. He said they had not
35yet completed negotiations with the League regarding higher deductibles
36for the City' s property coverage.
37
38Council Action
39
40Motion by Enrooth, seconded by Makowske to accept the bid for umbrella
41coverage at $16,985 .00 for a million dollars coverage as recommended by
42staff ..
43
44 Motion carried unanimously.
45
46UNFINISHED BUSINESS
47
'48.City Attorney -Advises on Ordinance Which Imposes a Penalty for. Violation
49'of the Emergency Sprinkling Ban
50
51Councilmembers had been provided with copies of Section 245 : 30 through
52245 : 55 of the City Ordinance, which provided -for the above. The Manager
53read that portion- of Section 245 : 45 which was missing from their copies-. 0
54
1 -11-
2
3Because; the issue had become germane, to :the current City water problems,
4Mr. -Soth ,suggested the : sprinkling ban declaration should .be officially.
5published in the 'same-manner as other notices are, even though a story on
tithe ban -had already been run in the Bulletin the previous week. There
7was concurrence that the sprinkling. .ban would -probably have to remain in
8effect the entire .summer to avoid . .problems if one of the wells should
9break down.
10
11ADJOURNMENT
12
13Motion by_ Ranallo, seconded by Enrooth to .adjourn the meeting-.at .8,: 35
14P.M.
15
16 Motion carried unanimously.
17
18
19
20Respectfully submitted,
21
22Helen Crowe, Secretary
23
24
25
26
i27
28Mayor
29
30
31
32ATTEST•
33 City Clerk
C 2 '3rY OF S9m' e AWrrMC)WW
COUI�C3 �, . .M2IVU'�3✓S .
._7 U1-4 E 3 0 19 7
1 The meeting, which had been rescheduled from June 9th because of a
2 conflict with -the League. of Minnesota Cities Conference the same week,
3 was called to order at 5 :28 P.M. by Mayor Sundland.
4
5 Present for roll call: Sundland; Marks,_ Ranallo, Enrooth, Makowske.
6
7 Also present: David Childs, City Manager.
8
9 LICENSES/PERMITS/PETITIONS
10
11 Motion by Ranallo, seconded by Marks to grant a contractors license to
12 Metropolitan Improvement, Inc.
13
14 Motion carried unanimously.
15
16 CLAIMS
17
18 Motion by Marks, seconded by Enrooth to approve payment of $89,500. 00 to
019 Carlson' s Lake State -Equipment for the new motor grader for which bonds
20 had been issued in January.
21
22 Motion carried unanimously.
23
24 Councilmember Makowske commented that she was certainly relieved that
25 the City did not have to pay $5, 500 in sales tax which would be imposed
26 on future purchases since a 6% sales tax on local governments
27 legislation had passed this session.
28
29 There were no verified claims included in the agenda packet.
30
31 REPORTS
32
33 COUNCIL REPORTS
34
35' St. Anthony Given Award of Honor for Traffic Safety in 1986
36
37 Mayor Sundland displayed the plaque the City had received that afternoon
38 from the Minnesota Safety Council which commended the City for
39 "exceptional action, prevention,, performance, and traffic safety" during
40 the previous year. Councilmember Ranallo commented that 1985 had been
141 the only year he could recall when the City had not been a recipient of
42 this award.
43
�4 RCLLG Report on Quality of St. Paul Water Provided Little Hope that
5 Roseville Water Quality Would be Improved
46
47 Councilmember Makowske reported the special meeting she and Public Works
48 Director Larry Hamer had attended,: May 20th, had done little to provide
49 hope that the odor and smell St. Anthony residents have complained about
Ow' �' !
1 -2-
2
3 in the •Roseville water they have:.had to drink the - last. three years would
4 be corrected. She said although the cause of the poor quality.: of St.
5 Paul water had been identified as too much nitrate and phosphorous
6 loading (over 3-1/2 metric tons removed within a very short test time),
7 no real - solutions for removing these elements from the water had been
8 advanced that evening. . The -Councilmember promised to continue to .
9 monitor future follow-up meetings on the subject.
10
11 Councilmember Marks Reports on Remarks. Made by General Haig
12 -
13 Councilmember Marks reported his own impressions of Presidential
14 candidate General Alexander Haig' s talk at the luncheon he attended, May
15 29th, saying he had gathered from that speech "that it was rather clear
16 that President Reagan knew exactly what he was getting into with. the
17 Iran/Contra affair. "
18
19 DEPARTMENTS AND COMMITTEES
20
21 The following were ordered filed as informational:
22
23 *April Financial Report
24 *May 26th report from the Edward J. Hance law •firm related to
25 matters conducted at the Hennepin County District Court, May 20th,
26 in which the law firm had represented the City as' Prosecutor.
27 •
28 NEW BUSINESS
29
30 Low Bidder Accepted to Begin Conversion of Well #5 to Electricity
31
32 Staff
33 report: Mr. Childs clarified Mr. Hamer ' s May 28th memo to. mean that
34 $23 ,000 would remain to be paid towards the -conversion of
35 Well #5 in 1988 if the money saved on the conversion of
36 Well #4 were used to purchase the control panel this year;
37
.38 indicated Well #5 has a diesel motor how, but, with the
39 conversion to interruptible electric service, the pump
40 could be switched back to gas or propane whenever NSP needed
41 the electric: power with lower rates charged because of this
42 ability;
43
44 -said he would check with the Public Works Director to
45 see whether the switching was done automatically and not
46 manually.
47
•48 Council Action
49
50 Motion by Ranallo, seconded. by Makowske to accept the lowest bid of
51 $5 , 300 . 00 from �-the Layne Minnesota Company to pay for a Nema, size 4-1/2
52 furnace pump control for Well #5 out -of the 1987 budget and to complete
53 the conversion -of that -well- to interruptible electricity in 1988. :•
54
wl _ -3-
2
3 Motion carried unanimously.
4
5 First Reading Approved for: Amendment Changes to Sections 1010 and 1100.
6 of the 1973 Code of Ordinances
7
8 The changes related to animal impounding and establishing a $100 fine.
9 for ordinance violation had been proposed by Police Chief Hickerson in
-10 his May ,22nd memorandum included in the Council' s agenda packet.
11 -
12 Mr. Childs added the following about the proposed changes:
13
14 said- the Police Department perceived they would be better able to.
15 handle complaints related 'to animal control than either the City
16 Clerk or Health Officer and having the Police Department handle
17 those complaints would provide the convenience of one department
18 processing and follow-up on the complaints;
19
20 -told Councilmember Makowske the existing ordinance addresses the
21 destruction of all domestic animals but primarily speaks to dog
22 handling because only dogs and not cats are licensed in
23 St. Anthony;
24
25 -added that he would anticipate the City to experience the same
.026 ' 'level of public resistance to licensing cats as Minneapolis and
27 other communities who have attempted such licensing in the ,past.
28
29 Council Action
30
31 Motion by Marks, seconded by Enrooth to approve_ the first reading of
32 Ordinance 1987-003 .
33
34 ORDINANCE 1987-003
35
36 AN ORDINANCE AMENDING SECTIONS 1010 AND 1100
37 OF THE 1973 CODE OF ORDINANCES
38
39 Motion carried unanimously.
40
41 UNFINISHED BUSINESS
42
43 Final Plat and Drainage Plan A proved for Evanson Subdivision
44
45 Council action on the application for the subdivision without platting
46 of the above four unit subdivision located in Gardena- Acres, 3500 blocks
47 of Silver Lake Road and Belden Drive had been tabled during the
48 Council' s May 26th meeting to give staff time to review the above
49 documents.
50
51 Manager' s
052 report: -said the final plat was ready for approval subject to the
53 City Attorney' s -review;
54
1 -4-
2
3 -indicated the Public Works Director had looked at the .-
4 drainage plan and had no problems with it;
5
6 drew the Council' s attention to - the fact that there was a
7 swale between proposed Lots 3 and 4 which would carry runoff
8 west to Belden Drive and another between Lots l and 2 to
9 drain east to Silver Lake Road;
10
11 -reported-he had checked the tape of the May 19th Commission
12 had intended that- "substantial conformance with the grading
13 plan had meant within 1 to 2 feet of final grade except for
14 the northeast lot. for which 5 feet, and: not 3 feet. as recol-
15 lected by the applicant, would be required;
16
17 -added that because the Larwick property_ adjacent to that
18 particular lot had not yet been developed, he assumed that
19 parcel grade would also have to be cut down.
20
21 Mr. Childs ' statement that between 8 ,000 and 10 , 000 yards of dirt would
22 have to be removed from the existing hill on the Evanson property and
23 that it appeared only one tree along the south side might be saved,
24 evoked the following response:
25
26 Ranallo: -wondered if some of the trees could be moved to the City' s •
27 tree farm;
28
29 -was told by Chris Paidosch, who is interested in develop-
30 ing the lot in the_ southwest corner of the parcel, that most
31 of the trees were "scrub" , which had been well pruned and one
32 of the most substantial was a cottonwood tree "which no one.
33 wants. "
34
35 Marks -said one of the bushes is one of a' few like it in that area
36 which gives off "incredibly sweet aromas" for about a week
37 each spring;
38
39 -expressed his own disappointment to see that, with the level
40 of grading called for in this plan, the possibility of in-
41 novative housing like earth sheltered homes or multi-level
42 dwellings, which could - take advantage of the existing view
43 of the Minneapolis skyline, had been foreclosed;
44
45 -was told by Mr. Childs, strenuous objection to retention to
46 the hill could be expected from both the neighbors to the
47 north and south of this parcel who have been waiting about
48 ' 20 years for that hill to be cut down.
49
50 Kurt
51 *Mathys -indicated he wanted a "flat lot" and was interested in buy-
52 ing the northeast lot on Silver Lake Road .next to the •
53 Larwick property
54
• 1 -5-
2
3 The applicant, David. Evanson, arrived after the Council had approved the
4 revised documents he had provided in compliance with Commission
5 direction. He- indicated satisfaction with the Council action and
6 acceptance of the Manager 's report on the tape version of portion of the
7 Commission' s motion, which he had questioned.
8
9 Council Action
10
11 Motion by Ranallo; seconded by Makowske to approve the final plat and
12 grading plan included in the June 3, 1987 Council agenda packet for
13 subdivision without platting for Gardena Heights, a four unit
14 subdivision located in the 3500 block between Silver Lake Road and
15 Belden Drive, contingent on:
16
17 1 . No building permits being issued until grading is completed in
18 substantial conformance with the grading plan (substantial de-
19 fined as within 1-2 feet of final grade, except that within 5
20 feet will be required at the northeast property line) ;
21
22 2. Erosion control to be provided by silt fence or hay bales to City
23 standards;
24
25 3 . The applicant acquiring necessary slope easements from adjacent
�26 property owner on the northeast;
27
28 4. Maximum of 3 to 1 slop on this property to include especially the
29 northeast adjacent property and Dr. Osterbauer' s property on- the
30 southwest;
31
32 5 . Approval of final plat subject to review by the City Attorney.
33
34 Motion carried unanimously.
35
36 ADJOURNMENT
37
38 Motion by Marks, seconded by Enrooth to adjourn the meeting at -5: 56 P.M.
39
40 Motion carried unanimously.
41
42 Respectfully submitted,
43
44 Helen Crowe, Secretary
45
46
47
48
49 Mayor
50
51
052 ATTEST:
53 City Clerk
54
�• • AEI w
C1 'I°Y OF Sr-r _ AWrx1MONY
C OUN C 2 L M I NUT E S
TUNE: 2 3 1.9 8 7
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led by
2 Mayor Sundland.
3 Present for roll call: Sundland; Marks, Ranallo, Enrooth, Makowske.
4 Also present: David Childs, City Manager
5 William Soth, City Attorney
6 MAY 26 , 1987 AND JUNE 3 , 1987 COUNCIL MINUTES
7 Motion by Ranallo, seconded by Sundland to approve both sets of minutes
8 as submitted.
9 Motion carried unanimously.
10 LICENSES/PERMITS/PETITIONS
11 Motion by 'Ranallo, seconded by Enrooth to grant the licenses and approve
12 the housing registrations listed in the June 23rd Council agenda packet
13 as follows:
�4 Contractors
15 E.D.S. Construction, St. Paul
16 Addition & Remodeling Specialists, dba Harju Construction,
17 Coon Rapids
18 Valley Investments Construction, Eagan
19 Aleshire' s Construction Co. , Inc. , White Bear Lake
20 DuAll Service Contractors, Inc. , Minneapolis
21 Stuart Construction Company, Minneapolis
22 Fullerton Lumber Company, Minneapolis
23 R. E. Almquist Construction, Minneapolis
24 Panelcraft of Minnesota, Inc.
25 Barkley Construction Co. , Minneapolis
26 Nedegaard Construction Co. , Coon Rapids
27 R. L. Johnson Investment Co. , Golden Valley
28 Heating-
29 O'Keefe Mechanical, Inc.
30 Yale Incorporated
31 Centraire Inc.
32 Fred Vogt & Company
33 St. Marie Sheet Metal, Inc.
34 Standard Heating & Air Conditioning
35 Midwestern Mechanical
36 Richmond & Sons Electric, dba Golden Valley Heating & Air
07 Superior Contractors , Inc.
38 Ray 'Welter Heating Company
39 Royalton Heating
1
1 -2-
2 Advanced Energy Systems , Inc.
3 All Season Comfort, Inc.
4 Dependable Heating & Air Conditioning
5' Sedgwick- Heating & Air Conditioning
6 Owens Services Corporation
7 Noel' s Heating & Air Conditioning
8' Multiple Housing Registrations
9 Sentinel Management Co. for Equinox Apartments
10 Ken Solie for Macalaster Apartments ( 3800 & 3808 Macalaster) -
11 Apache Manor Ltd. Partnership for 3817 Macalaster
12 Frances Sandberg for 3820 Macalaster Drive
1.3 Cameron Properties for 3721 Chandler Drive
14 Walker Senior Housing for 2626 Kenzie Terrace
15 Motion carried unanimously.
16 Temporary 3 . 2 Beer Permit
17 Motion by Ranallo, seconded by Makowske to grant the above to Barbara
18 and Don Hickerson for the latter' s parents ' sixtieth wedding anniversary
19 party to be held - in Central Park from 11 : 00 A.M. to 9 : 00 P.M. , June 28 ,
20 1987 .
21 Voting on the motion:
22 Aye: Ranallo, Makowske, Sundland_, Enrooth.
23 Nay: Marks .
24 Motion carried.
25 CLAIMS
26 Motion by Marks, seconded by Ranallo to approve- payment of all the City
27 accounts payable listed in the June 23rd Council agenda packet for May
28 31 and June 2 and 23 , 1987 , and the liquor accounts payable in the same
29 listing for May 31 and June 15 , 1987 .
30 Motion carried unanimously.
31 Motion by Marks, seconded by Makowske to approve payment of $14 ,658 . 97
32 from liquor operations funds to . Springsted Incorporated for services
33 preliminary- to issuance of liquor store revenue bonds for the Stonehouse
34 remodeling/construction project.
35 Motion carried unanimously.
36 Motion by Marks, seconded by Makowske to- approve payment of $2 ,717 . 34 to
37 BWBR ' Architects in accordance with the contract they had re-bid for •
38 architectural services on the Stonehouse •project.
• 1 UP-
-3-
2 Motion carried unanimously.
3 Motion- by Enrooth, seconded by 'Sundland to approve .payment of $1 ,061 . 00
4 to the Briggs and Morgan. law firm for legal services in conjunction with
5 the City' s, law suit against the U.S. Army 'et alas related to St.
6 Anthony's water contamination problems.
7 Motion carried unanimously.
8 Motion by Marks, seconded by Makowske to approve payment of $217 .46. to
9 Short-Elliott-Hendrickson, Inc. for the Wilson Avenue watermain plans.
10 Motion carried unanimously.
11 Motion by Makowske, seconded by Marks to approve payment of $644 . 92 to
. 12 the Dorsey & Whitney law firm for legal services rendered during April,
13 1987 .
14 Motion carried unanimously.
15 Motion by Enrooth, seconded by Marks, to approve payment of $1 , 825 . 00 to
16 the Edward J. Hance law firm for prosecution services they had rendered
17 from May 7 through June 3 , 1987 .
.18 Motion carried unanimously.
19 REPORTS
20 JUNE 16 , 1987 PLANNING COMMISSION MINUTES - COMMISSIONER STEVE LONDON
21 Setback_ Variance Granted for Home Addition at 2614 - 30th Avenue N.E..
22 Application: for a. 16 foot 6 inch variance from the Ordinance require-
23 ment for 30 foot front yard setbacks to allow an addition
24 to the east side of the existing house to within 13 feet
25 6 inches of the front property line.
26 There was a brief discussion of the following issues involved in this
27 request:
28 London -reported the Commission had recommended the Council grant
29 the requested variance because they perceived there was no
30 other feasible way of adding to the house;
31 -said the proposed addition would be in alignment with other
32 houses on that side of the street except for the house next
33 door which encroached even farther into the required front
34 yard setback.
•35 Enrooth,-,- -expressed some •concern .about the size of the variance;
36
1 -4-
•
2 was told by the City Manager that..the. Planning Commission had .
3 taken into consideration the fact., that the proposed-addition
4 would only be continuing a legal non-conforming use which
5- would place the. new structure no".closer to the street than
6 the existing house already is; and
7 -the roof line would be turned around to have the gable end
8 facing the street which, it seemed,- would provide a very
9 attractive building when it' s completed;
10 -was also told there would be over 21 . feet left on the east
11 side when the addition is finished.
12 Proponent: Robert Fickle was present but did not speak.
13 Council Action
14 Motion by Ranallo, seconded by Marks to grant a •16 foot 6 inch variance
15 to the City Ordinance requirement for 30 foot front yard setbacks to
16 allow Robert and Susan Fickle to construct the addition to the east side
17 of their existing home at 2614 - 30th Avenue N.E. shown on the sketch
18 attached to their variance petition. In granting the variance, the
19 Council finds, as did the Planning Commission, that:
20 -the existing house is a legal non-conforming use and the proposed •
21 addition would not additionally encroach into the required front
22 yard setback;
23 -it appears the addition would be a definite improvement to the
24 appearance of the property;
25 -the variance would permit an addition which would fit a reasonable
26 floor plan;
. 27 -the addition would be behind already established front yard sight
28 lines in that block;
29 -all three conditions required to be satisfied affirmatively before
30 a variance can be granted have been met with this proposal and had
31 been satisfactorily addressed by the petitioners in their appli
32 cation;
33 -no one spoke against the variance during either the June 16 Plan
34 - ning Commission hearing or June 23rd Council consideration and
. 35 staff reported receiving no calls or. letters -in opposition to the
36 addition prior to either meeting.
37 Motion carried unanimously.
1 -5-
0 .. 2 Commissioner-- Reports Request to Construct- House .on Corner of Roosevelt.
3 and 37th Avenue N.E. Tabled
4 Commissioner London. indicated the above action was taken in order that
5 questions" about the ownership of the lot in question, which was in
6 probate, could be cleared up. He also pointed out that, as reported in
7 the- minutes, there had been a good- deal of opposition to the proposal-
8 from the neighbors.
. 9 'Council Approves Salvation Army Picnic Shelter
10 Application: for the above in a Recreational/Open Space zoned area
11 which requires reviewal by both the Planning Commission
12 and Council.
13 Commission
14 recommendation: approval.
15 Council Action
16 Motion by Enrooth, seconded by Marks to accept the Planning Commission
17 recommendation that the plans for the picnic shelter proposed for the
18 Salvation Army Camp be approved based on the information related to the
19 construction and location of the shelter which had been provided in the
�20 Council' s June 23 , 1987 agenda . packet.
21 Motion carried unanimously.
22 This had been Commissioner London' s first appearance before the Council
23 since he had been appointed to the Planning Commission and the Mayor
24 thanked him for his report.
25 COUNCIL
26 Makowske Pleased to ' Find City Already Had an Ordinance Forbidding
27 Barbecues on Balconies
28 The Councilmember indicated it had been her inquiries to staff which had
29 resulted in copies of the above Ordinance. being provided each
30 Councilmember.
31 Congressman Sabo Continuing to Monitor Actions Related to St. Anthony' s
32 Water Contamination Problems
33 Councilmember Makowske' said she had learned the above at a reception for
34 the Congressman she had attended recently and indicated. she perceived
35 his continued interest in the- issue could be nothing but beneficial -for
36 the City.
•
1 -6-
2 Councilmembers Give Their Reactions,- ,to -.League ' of Minnesota Cities•
3' Conference in Rochester the Previous Week
4. Makowske -reported all the- workshop's she had attended had been excel- -
5 Gent, particularly the three conducted by Brian Lee of
6 . Ottawa., Canada, which she had found.."down to earth" and
7 practical when it came to .suggestions City officials could
8 adopt;
9 -said she had. attended a seminar on ."Evaluating .Your City
10 Manager" ;
11 -asked for Council input related to the "Request for Action"
12 form given out at Mr. Lee' s "Leadership Skills" seminar
13 which had revised to fit the City;
14 -expected the pointers she had gotten on "Developing a
15 Strategic Plan" could be utilized when the City does its own
16 strategic planning.
17 Enrooth -.said he had enjoyed Garrison Keillor ' s talk on Tuesday;
18 -perceived this conference had almost reached the same level
19 of excellence as the one he had attended in San Antonio and.
20 Mayor Hazama should be congratulated for "a job well done. "
2.1- Sundland -agreed,. .saying he believed Councilmember Ranallo and.- the .
22 other League 'Board member should be - given a vote of. thanks
23 for a well planned conference. -
24 Ranallo : -reported the attendance of 1,800 people at this conference
25 had broken the attendance record the year he was in charge of
26 the conference when there had been 1, 492 in attendance;
27 -agreed a "fantastic job" had been done by Mayor Hazama;
28 -indicated he hoped Mr. Lee would be available fora Minne-
29 apolis . seminar;-
30 -agreed with Councilmember Makowske that the :"Request for
31 Action" could be very useful for St. Anthony because hav
. 32 ing a record of reports from Council people, staff ; . Fire and
33 Police Department members, etc. related to problems they
34, perceived and complaints they had. gotten from. the public
35 would be an improvement - over putting all the responsibility
36 for keeping the Council informed on the City Manager: ..
37.- Marks -indicated his own thoughts, on the seminars had already- been-
38., stated by the other Councilmembers and recalled he- had made
- 39 similar observations about seminars he had attended in the
40 : past which had been conducted by Mr. Lee. •
3
• 1 -7-
2 Councilmember. Makowske Expects to Continue Her Service on the
3 Association.- .'-o'f Metropolitan Municipalities Housing and Economic
4 Development Committee
5 Thee Councilmember said she, was expecting to be reappointed to the
6 committee on which she had already served two years. She asked if there
7 were- any particular issues other Councilmembers might want_her to.-bring
8 up for discussion at the next session.
9 Ramsey County -League of Local Governments to Continue Study of St. Paul
10 water Quality, June 24th
11 Although it appears there would be no permanent solution found to
12 eliminate the poor taste and smell in the St. .. Paul water supply,
13 Councilmember Makowske indicated she would continue to follow up on the
14 issue by attending the next meeting on the subject the following
15 evening. Mr. Childs said he understood the study committee perceived
16 there had been some improvement in the water quality but concurred that
17 this was a problem which would probably not be easily corrected.
18 DEPARTMENT AND COMMITTEE
19 The following were noted and ordered filed as informational:
•20 *report from the Edward- J. Hance law firm on matters conducted
21 at the Hennepin County District Court on June 3 , 1987 in which
22 they had represented St. Anthoriy .as Prosecutor;
23 *May Fire Department Report;.
24 *May Financial Report;
25 *May Liquor Operations Sales Summary.
26
27 Fire Department Responding to Different Types of Medical Emergencies
28 Mr . Childs discussed Fire Chief Entner' s observations on the type of
_ 29 medical calls which had been reported in the June 16th 'staff meeting
30 notes., He said neither he - nor Chief Entner could find any specific
31 reason for the rather generalized increase in medical emergencies other .
32 than heart-related, for which the Fire Department had been called out. .
33 The notes were ordered filed.
34 CITY MANAGER
35' Council Approves -Cardboard -Baler for Apache. Liquor Warehouse
36- The Council- considered -the City Manager ' s recommendation that the above
37 be leased under a buy-out arrangement, which would cost the City $70 . 06
4P38 less a -month than- it now costs to have the cardboard hauled away. This
39 cost would be further diminished by the $22 . 00 a ton cardboard is now
40* selling for. Mr. Childs assured Councilmember Ranallo that the type. of
1 -8-
2::cardboard .,which would be baled would be,.mos.tl •
y :.the beer flats, linings ; , .
3 and . stuffers and plenty_. : of • big .boxes would remain to be given . out : to '
. 4 residents .who .need them for moving-, etc. He also said a similar baler
5 for the . new warehouse would probably be sought later on..
6 Council Action
7 Motion by Ranallo, seconded by Enrooth to approve the purchase of a
8 reconditioned cardboard baler for Liquor Warehouse #2 under the
9 conditions proposed by. the City Manager in his June 19th memorandum to
10 the Council.
11 Motion carried unanimously.
12 Doppler Radar System Very- Effective
. 13 The above was concluded in the study by the U.S. Weather Service, which
14 had been put into the Council mailboxes after the agenda packet had
15 gone out. The system, which St. Anthony had donated to the U.S. Weather
16 Service after the 1984 tornado, had succeeded in "seeing through ground
17 clutter" and provided a quicker advance warning of a serious storm in
18 the metropolitan area, Mr. Childs said.
19 This unit could be utilized in conjunction with the stronger KSTP TV
20 radar system for the .next eight or nine years until a more sophisticated•
21 system is expected to be put on line. The City Manager said he wanted
22 the Councilmembers to be . the first to get the report because he
23 anticipated there would be a -fair amount of press given it once the TV
24 stations get his letter and the report.
25 Police and Fire Department Contracts Have Gone to Arbitration
26 Mr. Childs said the City had been unable to come to agreement with the
27 above and the sides were still far apart related to the total economic
28 package. He said the City' s position was based on what' s happening in
29 private industry and restraints imposed by the necessity for tight
30 budgets because of local and federal aid freezes and reduction of levy
31 limits this ' year. He added that the City was going to have to live with
32 whatever comes out of the binding arbitration and was working hard to
33 build a favorable case for settlement.
34 Budget Transfer Necessary
35 Because revenues from Revenue Sharing, the • liquor operation, and other
.36 areas will be less than the 1987• budget anticipated, Mr. Childs said it
37, would be necessary to - transfer $150 ,000 from the General Fund Reserves
38 to the General Operating -Budget. He added that, of course staff would
39 be looking for other - - revenue enhancers to make up for these
40 deficiencies.
1 -9-
• 2 Council Action .
3 Motion :by .Makowske, seconded by Marks to adopt Resolution -87-023 :
4 RESOLUTION 87-023
5 A RESOLUTION APPROVING A TRANSFER
6 IN--THE 1987 CITY BUDGET
7 Motion carried unanimously.
8 Marketing Video for St. Anthony- Shown
9 The above which had been developed by .the Marketing Committee and Ron
10 Handberg of'. WCCO TV Iwas enthusiastically accepted by the Council and
11 Dick Krier of Development Advisory Services, who had arrived early for
12 the H.R.A. meeting.
13 NEW BUSINESS
14 Amendments Accepted to Cable T.V. Joint Powers Agreement
15 The above .had been recommended in the June 9th letter from Thomas
16 Creighton, the "Commission legal counsel, by the North Suburban Cable
•17 Commission and would establish voting rights on revenues rather than
18 number of dwelling units in -each member city. The change had also been
19 approved by St.. Anthony' s representative, Dave Mikkelson.
20 Council Action
21 Motion by Ranallo, seconded by Marks to adopt the resolution which would
22 authorize the amendment of the joint powers agreement with Cable
23 Communications Systems relating. to the voting structure of the North
24 Suburban Cable Commission and the financial contributions of ` the
25 members.
26 RESOLUTION 87-022
27 A. RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI ,
28 SECTION 1 AND ARTICLE X, SECTION 3 , OF THE
29 NORTH SUBURBAN CABLE COMMISSION JOINT AND COOPERATIVE
30 AGREEMENT FOR THE ADMINISTRATION OF A
31 CABLE COMMUNICATIONS SYSTEM
32 Motion carried unanimously.
33 UNFINISHED BUSINESS
34 'Animal Impounding/Misdemeanors Ordinance Changes Given Second Reading
•35 With Modifications
i
1 -10-
2 -"Animal` was substituted for "dog.=' .in Section 1010 . 25 so cats and other
3 *types* of small -. animals -.could- ..be included in the provisions. for
4 impounding.
5 Council Action
6 Motion by Ranallo, seconded by. Marks to. approve the second reading of .
7 Ordinance 1987-003 with the above word substitutions.
8 ORDINANCE 1987-003
9 AN ORDINANCE AMENDING SECTIONS 1010. AND 1100
10 OF THE 1973 CODE OF ORDINANCES
11 Motion carried unanimously.
12 ADJOURNMENT
13 Motion by Ranallo, seconded by Marks to adjourn 'the Council meeting at
14 8 : 30 P.M. for the St. Anthony Housing and Redevelopment . Authority
15 meeting which followed immediately.
16 Motion carried unanimously.
17 Respectfully submitted,
18 Helen Crowe, Secretary
19
20 Mayor
21 ATTEST:
22 •City Clerk
HOU S=N G AN D REDEVELOPMENT
' AUTHOR= TY M I NUT E S ;
JUNE 23 1987
1 The meeting -was called to order by Chairman Sundland at 8: 35 P.M.
2 Present for roll call: Sundland; Vice Chair Enrooth, Secretary/
3 - Treasurer Marks, and Commissioners Ranallo and
4 Makowske.
5 Also present: David Childs, Executive Director
6 William Soth, H.R.A. Attorney
7 Richard Krier of Development Advisory Services,
8 Consultant
9 APRIL 141 1987 HOUSING AND REDEVELOPMENT MINUTES
10 Motion• by Ranallo; seconded by Enrooth to approve as submitted.
•ll Motion carried unanimously.
12 CLAIMS
13 Motion by Ranallo, seconded by Enrooth to approve payment of the
14 following claims as listed in the June 23rd H.R.A. agenda packet:
15 *$2, 951 .25 and $2 ,775.00 to the Dorsey & Whitney law firm for
16 legal services to the H.R.A. during March and April, 1987;
17 *$2 , 828.50 to Maxfield Research Group for market research during
18 May, 1987, needed for senior housing in St. Anthony;
19 *$4 , 145.08 to Development Advisory Services for consultations
20 during May, 1987 , related to the search for a new redeveloper for
21 Phases II and III of *Kenzie Terrace Redevelopment .Project.
22 AGREEMENT WITH ARKELL ENABLES H.R.-A. TO SEEK SUBSTITUTE REDEVELOPER FOR
23 KENZIE TERRACE PROJECT
24' Mr. Soth' s- presentation of the above document, which had been signed by
25 both John Arkell and Kraus-Anderson, was enthusiastically welcomed by
26 the H.R.A. *. members. The Attorney said this agreement returned the
27- control of the project back to the H.R.A. without actually promising
28 anything in return. . He indicated that at this ,point the H.R.A. could
•29 work with Mr. Arkell to bring in another redeveloper or find another
30 developer on its own. Mr. Soth assured- the H.R.A. members that,
31 although Mr. ,Arkell could walk away from the project if he' s given back
1 -2- •
2 his $100 , 000 Letter of Credit plus the arbitrage, - minus $19,000 to cover
3 'current .H.R.A. and $5 , 000 a month , thereafter, the agreement did not
4 require any of this and retained St. Anthony' s right to. terminate the
5 redeveloper any time it wants without giving back anything. Mr. Childs.
6 commented that the agreement also, empowered the H.R.A. to develop
7 whatever size project will meet the tax increment requirements.
8 H.R.A. Action
9 Motion by Marks, seconded by Ranallo to adopt the resolution_.which
10 authorizes the execution of the June 23 , 1987 agreement with Arkand
11 Partnership and Kraus Anderson, ' Inc. regarding voluntary termination or
12 assignment by those parties of t-heir interest in the redevelopment of
13 Phases II and III of the Kenzie Terrace Redevelopment project.
14 H..R.A. RESOLUTION 87-002
15 A RESOLUTION AUTHORIZING THE CHAIRMAN AND EXECUTIVE
16 DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE ST. ANTHONY HOUSING
17 AND REDEVELOPMENT AUTHORITY AND ARKAND PARTNERSHIP/
18 KRAUS-ANDERSON, INCORPORATED
19 Motion carried unanimously.
20 MAXFIELD MARKET STUDY •
21 Mr. Childs summed up the above by saying the study basically indicated
22 there is feasibility for from 88 to 125 senior rental units being
23 provided in the Kenzie Terrace Project. The Executive Director said
24 copies of the study had been given to two developers who had both
25 indicated an interest in doing the project. One of these, Walker
26 Development, had told Mr. Childs they were exploring the feasibility of
27 combining from 100 to 125 senior units with a strip shopping center.
28 Mr. Soth pointed out that the housing redevelopment bonds could not be
29 used for the latter. Vice Chair Enrooth commented he perceived the
30 H.R.A. already realized probably only a portion of those bonds could be
31 used for the project now.
i
32 Consultant Reports Other Developers ' Interest
I
33 Mr. Krier indicated his contacts with four developers had convinced him
34 that there were certainly companies who were very interested in doing
35 the project. He indicated one firm was going to return with a proposal
36 for constructing 200 units of housing which would behalf senior and
37 half market rate rentals with full knowledge . that the Minneapolis
38 neighbors would most likely oppose the latter.
39 The consultant then brought the H.R.A. members .up to date on contacts
40 with Minneapolis officials related- to a joint project with that City and
41 listed the various funds which might be available to do the project from •
42 that -source. :Mr. Krier . described those meetings as "very upbeat and
43 positive" and said the Minneapolis representatives seemed genuinely
1 -3-
2 ' ihterested• in. working-=with St. Anthony to get a development which would
3 be acceptable to the adjoining Minneapolis property owners. . .
4- Following this discussion, Mr. Soth reminded those present that .it was
5 going to be difficult to meet the first bond deadline in December no
6' matter what developer is finally selected to take over the project.
7 Mr. Krier will be reporting back the results of the meetings he has
8 scheduled with interested developers .
9 H.R.A. Not Inclined to Call $2 , 125,000 Tax Increment Bonds Early
10 Thee was general concurrence with the Executive Director' s ,suggestion
11 that there was really no reason to refund the above even though that
12 would be possible in August.
13 ADJOURNMENT
14 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony Housing
15 and Redevelopment meeting at 9 : 10 P.M.
16 Motion carried unanimously.
17 Respectfully submitted,
18 Helen Crowe, Secretary
19 :cjk
20