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HomeMy WebLinkAboutCC PACKET 06191990 I' Meeting Sheet 103013 i Box:. 30 Folder: CC PACKETS 1990-1994 Document: CC PACKET 06191990 ;I I i, i Rick Johnson 2582 Long Lake Road St. Paul, MN. 55113 June 13, 1990 Planning Commission City of St. Anthony 3301 Silver Lake Road St. Anthony, MN. 55418 Dear Planning Commission Members: I own the lot at 3301 Edward Street and I will not be able to attend the Planning Commission meeting on June 19, 1990; concerning the rear yard variance request for Sharon Lee-Clarke, at 3305 Edward Street. I have reviewed the variance with Sharon and I support her request. Thank you. Sincerely yours, Rick Johnson RSJ:mmc 6/13/90 a • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA JUNE 19, 1990 7 3°0 P.-M-. - COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF MAY 15, 1990 PLANNING COMMISSION MINUTES. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO JUNE 26, 1990 • COUNCIL MEETING. V. PUBLIC HEARINGS. A. 7: 30 P.M. - David Drews, for 2609 St. Anthony Boulevard, setback variance. B. 7 : 45 P.M. - Sharon-lee Clarke, for 3305 Edward Street N.E. , setback variance. C. 8 : 00 P.M. - Vernon Berggren, for 2508 - 38th Avenue N.E. (Apache Country Store) , sign variance. VI. MISCELLANEOUS. VII. RESIGNATION OF GEORGE WAGNER. VIII. ADJOURNMENT. • • 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MINUTES 3 MAY 15, 1990. 4 The meeting was called to order at 7: 30 P.M. with the Pledge of 5 Allegiance led by Chair Madden. 6 ROLL CALL 7 Present: Faust, Franzese, Wagner, Hansen, Madden, Brownell, Werenicz . 8 Also present: Thomas Burt, City Manager 9 Susan VanderHeyden, Assistant to the City Manager 10 MINUTES 11 APRIL 17, 1990 PLANNING COMMISSION MEETING 12 Motion by Hansen, seconded by Wagner to approve the minutes with the 13 following changes: 14 Page 1, line 35: Add Motion carried unanimously. 15 Page 4 , line 3 : Correct typo "was" . • 16 Page 5, line 8 : Correct typo "construction" . 17 Page 5, line 14 : Correct typo "shown" . 18 Page 5, line 20: Correct typo "retail" . 19 Page 5, line 35: Insert "floor" after "second" . 20 Page 5, line 7: Correct typo "they" at end of line. 21 Page 6, line 5: Insert "told the applicants" after "Werenicz" . 22 Page 6, line 22 : Correct spelling of "accommodate" . 23 Page 6, line 29 : Insert "hours" after "gate" . 24 Page 6, line 36: Correct typo "contractually" . 25 Page 6, line 43 : Strike "they" and add "would be" before "provided" . 26 Page 6, line 47: Substitute "would be" for "it" . 27 Page 7, line 5: Substitute "area" for "building" . 28 Page 7, line 8 : Substitute a comma for the period after 29 "allowable" . 30 Page 7, line 17: Capitalize "The" at beginning of sentence. 31 Page 8, line 3 : Insert "other" before "commercial" . 32 Page 8,. line 12 : Substitute "if the use is aimed primarily toward 33 residential . or private usage" for "gauged for 34 primarily that type of use" . 35 Page 8, line 24 : Strike "studies" after "market" . 36 Page 9, line 23 : Correct typo "feet". 37 Page 9, line 46: Substitute "nonconforming" for "non conforming" . 38 Page 10, line 1: Substitute "nonconforming" for non conforming". 39 Page 10, line 17: Correct typo "the" . 40 Page 10, line 41: Substitute quote mark for colon before "get" . 41 Page 10, line 47: Correct typo "concept". . 42 Page 10, line 49: Correct typo "drawn". 43 Page 10, .line 50: Add "for" at end of line. 44 Page 11, line 13 : Substitute comma for period after "west". • 2 1 Page 11, line 16: Correct typo "he" before "had" . 2 Page 13 , line 12 : Correct typos "as" and "remained" . 3 Page 13 , line 41: Correct typo "any" . 4 Page 15, line 4 : Insert "wife of all before "Commissioner" . 5 Page 15, line 24 : Correct typo "Wagner" . 6 Page 16, line 23 : Correct typo "also" . 7 Page 16, line 24: Correct typo "was" . 8 Page 16, line 26: Substitute "sides" for "side" . 9 Page 17 , line 10: Insert "to" before "the Kenzington" . 10 Page 17 , lines 14, 15, and 16 should indicate that the H.R.A. would be 11 negotiating with the LaNel Company for a handicap 12 pedestrian ramp across the parking lot to the 13 shopping center to accommodate the Autumn Woods and 14 the Walker Apartments in return for another Kenzie 15 Terrace curb cut to access the driveway next to 16 Autumn Woods Building C. 17 Motion carried unanimously. 18 COMMISSIONER BROWNELL TO REPRESENT PLANNING COMMISSION AT MAY 22ND 19 COUNCIL MEETING. 20 PUBLIC HEARINGS 21 Commission Repeats Recommendation of Denial for Front Yard Variance for 22 2608/10 - 37th Avenue N.E. Double Bungalow 23 The hearing was opened at 8 :25 P.M. with no one present reporting 24 failure to receive the Notice of Hearing or objecting to its content. 25 Ms. VanderHeyden reported that because a modified proposal had been 26 presented by the applicants at the April 24th Council meeting, the 27 Council had directed it to be returned to the Planning Commission for 28 their recommendation. The Assistant to the City Manager indicated the 29 applicants proposed turning the two garages around to face each other, 30 thus eliminating three feet from the requested variance. However, staff 31 had since determined that there is an it foot right-of-way in front of 32 the property which legally cannot have cars parked on it. This would 33 also leave only seven feet' between the right-of-way and the proposed 34 garages, which would not be sufficient room for an automobile to be 35 parked. 36 Staff's concerns about vehicles being parked so close to the busy 37 street, especially when it's being plowed, as well as whether sufficient 38 ground cover for utility lines would be provided with the proposed 39 construction, had not been alleviated with the new proposal, Ms. 40 VanderHeyden added. 41 Mr. Burt reported a measurement of the distance between the existing . 42 house and the curbline by staff had confirmed a 35 foot setback from the 43 property line which, with the it foot right-of-way, would leave 46 feet 44 between the house and the street. • 3 1 Barbara Zielinska reiterated the reasons she had given the Commission 2 during her April 17th testimony for wanting more garage space to park at 3 least two of the four vehicles her family drives off the driveway. She 4 indicated she had hoped that by turning the garages around to face each 5 other and eliminating three feet from the variance she would make her 6 proposal more acceptable to the City. The applicant said she saw no 7 other solution to her parking problems during the winter months when 8 parking on the .street is prohibited. She also reported her proposal 9 would eliminate the hills in front of the double bungalow which she 10 perceived were of no value to anyone and made mowing very difficult. it Ms. Zielinska told the Commissioners there had been no opposition to her 12 proposal from the neighbors and it was hard for her to understand why 13 she couldn't do anything she wanted with her own property, especially 14 when- it wouldn't hurt anyone else. She asked if any of them had any 15 other solution to her problem. 16 When Commissioner Hansen asked the applicant why she had failed to 17 respond to the first condition on the new Petition for Variance, Ms. 18 Zielinska indicated she had not known how to answer the question that 19 condition posed. Mr. Burt reported he had met with the applicants and 20 tried to explain what zoning meant relative to their property. • 21 The hearing was closed at 8: 32 P.M. for Commission consideration of a 22 recommendation. 23 Commissioner Werenicz said he hadn't seen anything new in the proposal 24 which would solve the concerns the Commission had expressed during the 25 April 17th hearing. He indicated he didn't believe either proposal 26 could meet the conditions imposed on approval of this type of variance. 27 He would therefore oppose recommending approval for those reasons. 28 Chair Madden and Commissioner Wagner concurred with his conclusions with 29 the latter adding that finding out the dimensions of the right-of-way in 30 front of this property had only deepened his original convictions. 31 commission Recommendation 32 Motion by Brownell, seconded by Faust to recommend the City Council deny 33 the request for a variance from the 35 foot front yard setbacks 34 maintained by adjacent properties for two double. garages in front of the 35 double bungalow at 2608/10 - 37th Avenue N.E. , finding that: 36 1. The three questions required to be answered in the affirmative in 37 the Petition for Variance had not been done so with the new 38 proposal. 39 2 . The safety factors and potential problems with the sewer line with 40 the proposed construction justified denial. 041 3 . Precedents for granting similar requests have not been established. • 4 . 1 4 . The depth of the City' s right-of-way in front of this property made 2 the proposal even less acceptable. 3 Motion carried unanimously. 4 Chair Madden indicated he wasn't an architect, but was trying to find 5 some solution to the applicants' parking problems which would meet the 6 City's zoning requirements. He wondered if they couldn't cut the hills 7 down and perhaps with structure alterations cut in another single garage 8 on each side. He said, of course this wouldn't be possible if .there 9 were furnaces or laundry rooms in that section of the basement, but if 10 no such impediments existed, there would then be room to park two more 11 vehicles off the driveway. The Chair added that four foot retaining 12 walls could be terraced back with some plantings to make the additions 13 aesthetically pleasing. 14 Commissioners Recommend Denial of Zoning Ordinance Amendment for Mini- 15 Storage Facility at Apache 16 The public hearing on the Weis Companies' request for the above had been 17 held April 17 , 1990, but questions regarding notification of the hearing 18 had resulted in the Commission tabling their recommendation to the 19 Council. As stated in Mr. Burt's May 9th memorandum, it was determined • 20 that all property owners within 350 feet of the property in question did 21 receive notice. 22 David Deebach agreed with Chair Madden's statement that the Weis 23 Companies' request for an amendment to the City Zoning Ordinance 24 providing for self-service storage as a specifically listed conditional 25 use in a Commercial District had been given a full presentation at the 26 April 17th hearing. He was therefore content to limit his presentation 27 to responses to. comments which might be made that evening. 28 Douglas K. Jones, 2505 Silver Lane, a former member of the St. Anthony 29 Planning Commission, whose home on Silver Lake is about 400 feet from 30 the subject site, expressed his opposition to the mini-storage facility, 31 saying: 32 * an unapproved change in the design for Apache Plaza had caused the 33 bulk of the storm runoff to run into Silver Lake rather than into 34 the Rice Creek Channel #2 down Silver Lane to Jones Lake; 35 * as a result, Apache is already responsible for the majority of 36 storm runoff which is polluting the lake as verified by the 37 study done by Terry Noonan; 38 * adding another large facility with only blacktop and extended roofs 39 would only exacerbate the problem and would use up the only green 40 space in the Apache complex which could be used for a storm water 41 retention site; . 5 1 * he had been working with former City officials, Bob Sundland, Dave 2 Childs, as well as Larry Hamer on a plan to assess all City storm 3 users and to use the revenues for a lake saving project as well as 4 upgrading the City storm sewer system; 5 * Apache had not been a good neighbor, refusing to respond to the 6 problems their facility caused for the lake; 7 * he saw no benefit to any of the merchants from this project, 8 doubting very much whether many of the storage facility users would 9 be shopping at Apache; 10 * he couldn't understand when other cities like Roseville were 11 tearing .down huge areas to add more retail commercial, why St. 12 Anthony would be even considering replacing the commercial they 13 have with an industrial use. 14 Commissioner Wagner noted that the green space in question was quite a 15 bit higher than the rest of the parking lot and he thought it would be 16 quite a job to dig the site down to catch the runoff. 17 Mr. Burt indicated St. Anthony, New Brighton, and Columbia Heights had 18 requested funding for another pollution source study but the state had • 19 declined their request this year. The City Manager also pointed out 20 that the City' s share of state funding had been cut off in midstream by 21 $26, 000. 00 for this year so it had become necessary to look for some 22 other type of revenue enhancement. Storm sewer users fees are one of 23 those being looked at as a way of building up funds to replace 24 deteriorating infrastructure. However, there is little chance of 25 getting this into the budget before 1991. It would take some time for 26 the funds to accumulate for any of these projects. 27 Mr. Jones said that was one of the reasons the Silver Lake Homeowners 28 Association intended to go back to the Rice Creek Watershed District who 29 are able to impose levies on property owners whose runoff is impacting 30 the lake. The former Commissioner defended his claim that Apache was 31 responsible for 70% of the runoff and the major polluter of Silver Lake 32 by telling Commissioner Werenicz the bulk of runoff from Equinox is -- 33 contained on the site, according to Ramsey County researcher, Mr. 34 Noonan. 35 Ray Kahl of JVK Quality Homes, 2040 Tioga Boulevard, New Brighton, 36 identified himself as the agent who was currently marketing the small 37 shopping strip of Stinson Boulevard. He said the owner of the center 38 and its banker had been unable to be in attendance, but had requested he 39 represent their views. Mr. Kahl contended that the addition of a mini- 40 storage facility to the area would not contribute significantly to the 41 value of adjacent properties, but would rather be a detraction. He told 42 Commissioner Faust there were market studies to support his contention • 43 and he perceived the proposed use would be more appropriately located in 44 an industrially zoned district. • 6 1 Mary and Charles Finn, 2709 Silver Lane were present to oppose the 2 requests. Mrs. Finn reported on the stream of garbage which comes up 3 the hill from Apache and the Equinox Apartments. She said she couldn't 4 imagine no matter how careful the managers of the proposed facility were 5 that a storage area in the same location wouldn't only be adding to .the 6 paper and plastic flying onto her property and the lake now. She 7 anticipated the facility would be a real problem for her and her 8 neighbors and so she couldn't see how it could possibly enhance property 9 values along her street. 10 Charles Finn arrived at the close of the discussions and expressed many 11 of the concerns about the proposed project as the other opponents. He 12 said he had formerly served as a zoning and planning director in another 13 part of the state and he just had to question the acceptability of 14 putting something most people would consider to be normally zoned either 15 heavy or light industrial into a commercial district. He perceived that 16 clearly the type of use this facility would generate would not be 17 appropriate under the guidelines of public service which Apache has with 18 parking, a lot of drop in business, etc. up to this point, but rather 19 that a facility like this, which is essentially storage, would only be 20 found in a light industrial district. Mr. Finn perceived this to be a 21 special type of business which needs to be dealt with specifically and 22 certainly not brought into a commercial area. He was opposed to taking • 23 the last green space in Apache and would lose its potential for use as 24 a storm water retention space, which is sorely needed in that area. To 25 do so to him would be extremely short sighted, he added. 26 Jerry Cowan, 3316 Croft Drive, and Ken Solie, 2877 Silver Lane, partners 27 in Village Properties who own St. Anthony Mini-Storage and Apache Office 28 Park, were also present to speak in opposition. 29 Mr. Cowan testified that: 30 * in spite of their own competing business interests, he and his 31 partner had tried to take an objective view of what was best for 32 the community; 33 * they did not perceive the proposed facility would be the best usage 34 of that land; 35 * he had generated calls and letters to Dennis Cavanaugh, President 36 of the C. G. Rein Company, owners and managers of Apache Plaza 37 opposing the self-storage use in the shopping center; 38 * one. of those letters, which he did. not have a copy of, was from the 39 Chairman of the Board of Herbergers and the other, copies of which 40 had been distributed to the Commissioners, was from Sentinel 41 Management, who manage the Equinox Apartments; 42 * he had spoken to Mr. Cavanaugh who had indicated he was "taking a 43 neutral stance" on the issue, which was self evident in the fact • 7 1 that the Apache owner was not present that evening to speak for the 2 use, which was proposing to go into his center; 3 * the 'City's notification process does not include notification of 4 the tenants directly; 5 * he had found out that Apache had never tried to market the site in 6 question since they had become owners 20 or so years ago. 7 In response to the applicant' s statement that there is a need for 8 300, 000 more square feet of self-storage in the immediate 5 mile radius, 9 Mr. Cowan said he had contacted several of his competitors in that area 10 and found out that: 11 * E-Z Storage, located on B-2 and Highway 35, has an occupancy of a 12 little more than 80%, but they have a 14 acre site with only 6 13 acres developed and no plans to develop the other 8 because "the 14 market is so soft right now. " 15 * Minnekada Storage, which is located on Como and Highway 280, and 16 also on Highway 694 , is in a little tougher shape, running with 17 about 35% vacancy and offering one month's free storage free to get 18 customers; 19 * Berger Transfer, with buildings in both St. Anthony and Roseville, 20 are experiencing a 34% vacancy; 21 * his own operation has only a 10% vacancy, but that is also between 22 10% and 15% below the market. 23 Mr. Cowan wondered whether the loss of the subject space might put 24* Apache under their parking space requirements, especially if the lawn 25 and garden store Mr. Cavanaugh is negotiating with takes over the spot 26 which Country Club Market has just vacated. He said the Apache 27 President had indicated they would be requiring some storage space for 28 the business which could also affect the parking spaces available in the 29 center. The opponent also questioned whether an environmental impact 30 study might be required for the mini-storage facility. Mr. Burt told 31 him the size of the site in question would not require such a study. 32 Mr. Solie reported that: 33 * as a Silver Lake resident he shared the concerns of other speakers 34 about the adverse effect the proposal might have on the lake; 35 * he concurred with his partner's contention that there is no need 36 for more self-storage in St. Anthony at this time, which he 37 perceived was one of- the conditions which had to be met before a 38 conditional use permit could be allowed; 039 * he also doubted whether the proposal met the second condition that 40 "the use will not be detrimental to the health, safety, or general 8 1 welfare. . . . " in view of the concerns expressed by residents and 2 merchants in the same area. 3 Chair Madden commented that after hearing two people mention Herberger's 4 opposition to this proposal,, he couldn't help but think that the best 5 forum for them to have expressed that opposition would have been the 6 hearing that evening or at least a letter to the City Council or Planing 7 Commission. He therefore indicated that he would be discounting those 8 reports as only "hearsay" . 9 Mr. Deebach responded to the adverse comments which had been made about 10 his proposal by stating that: it * he didn't have the expertise or knowledge to question Mr. Jones' 12 statements about storm water retention or drainage; 13 * he could only address the applicability of this use in a commercial 14 district by telling the Commission that many communities all around 15 the U.S. and even the Twin _Cities are proving that this specific 16 use is in fact a more commercial than industrial use by issuing 17 conditional use permits; 18 * less than a month ago a conditional use permit had been issued for • 19 one of the Weis mini-storage facilities in a commercial district in- 20 Oakdale; 21 * The City would always place conditions on their permit which would 22 prevent further development in other commercial districts in St. 23 Anthony which might be less suitable for this type of use; 24 * in response to Mr. Kahl 's statements related to the use not 25 contributing or enhancing adjacent property values, he perceived 26 the focus should instead be placed on what is happening to property 27 values in general because of economic conditions in many parts of 28 the Twin Cities as well as the United States, as evidenced by the 29 slow down in all real estate business; 30 * it was his own belief that the proposed use would add to the 31 property values in that area; 32 * Mrs. Finn's complaints about the garbage stream onto lake property 33 would not be applicable to the proposed development of this 34 property because it would be of fortress style construction, with 35 buildings surrounding the perimeter except for the two south and 36 north ends which both would have fencing which would prohibit a lot 37 of materials with the potential for blowing to leave the area; 38 * there would be no one living in this development, so the generation 39 of mobile trash would be minimal because his company, through its 40 leasing contracts, requires all goods that are brought in to be 41 taken out; 9 1 * the issue of the dumpster at Equinox being left open would not be 2 applicable to this project because the dumpster would be locked and 3 only available for use after payment of a users fee and would be 4 policed by video cameras; 5 * the on site staff would also be supervising the use of the 6 dumpster; 7 * he had done his own research of the companies Mr. Cowan had 8 mentioned as an indication that there is no need for more self- 9 storage in this area and found that E-Z Storage had been expanded 10 about three years ago because the owners perceived the demand to be 11 there, Minnekada facility down on 280, had been expanded last 12 winter, which more evidence that there is in fact such a demand for 13 this use; 14 * the information contained in his company's petition for conditional 15 use had answered many of the questions raised that evening; 16 * he perceived the proposed facility could add to the adjacent 17 property values by their being a good neighbor. 18 Mr. Jones, drawing on the experience of his ten years of service on the • 19 Planning Commission, indicated he understood that once the City had 20 issued a conditional use permit for a particular use, they could not 21 arbitrarily refuse to allow a similar business to go into the same type 22 of district. He also questioned the description of this particular use 23 as a low traffic generation in a commercial area that is just crying for 24 some additional traffic to enhance development. 25 Mr. Burt responded by telling Mr. Jones that it was true that if this 26 use was allowed in this area similar businesses could request to develop 27 in other commercial districts in the City. However, that could be 28 controlled by setting setback and lot size requirements in the ordinance 29 which would prevent such a use going into smaller commercial sites like 30 the Speedy Market on Stinson, or the small commercial area at Coolidge 31 and St. Anthony Boulevard. 32 John Zahhos, 2808 Silver Lake Road, indicated he would have a problem 33 with the proposed use from an aesthetic point of view. He recalled that 34 Apache Plaza had -been an exceptional center at one time, but has 35 deteriorated over the years for whatever reasons. It needed. help now 36 and he didn't think it was appropriate or wise for a Planning Commission 37 to -allow a "fortress style" structure to be built in a shopping center. 38 The comments from the public were discontinued at 9 :27 P.M. for 39 formulation of a recommendation to the Council. 40 Commissioner Wagner indicated concern about all' the discussions about � 41 not allowing that green space to be developed in view of the fact that 42 the center owners could put a commercial use on that parcel any time 43 they wished. 10 1 Commissioner Brownell reiterated his April 17th statement that he 2 perceived the proposed type of activity should more appropriately be 3 categorized as an industrial use as opposed to one to be allowed in a 4 commercial area. He said he hadn't heard anything that evening to 5 change his mind. As a matter of fact, he said, he had probably heard 6 things during the discussions that evening that actually solidified that 7 opinion. 8 Commissioner Franzese recalled that the Commissioners had been told that 9 there were only two other vacant commercial areas left in the City. 10 Apart from all the other concerns raised that evening, said she 11 perceived allowing a mini-storage facility at Apache might be opening 12 all the rest of the center to "spot zoning" . 13 Commissioner Wagner indicated he shared her concern about the City being 14 able to control other property in Apache which isn't doing well at all 15 if the ordinance is changed for this use. He was also concerned about 16 losing control over other commercial areas in the City. 17 Commissioner Hansen indicated he had heard a lot of valid points of 18 opposition that evening, but his strongest feelings about the proposal 19 were that this use appeared to be a function which belonged in a light 20 industrial district. The Commissioner said he wasn't ready to give up • 21 on commercial in St. Anthony, in spite of the fact that Apache wasn't 22 doing well right now. He pointed to the Metropolitan Stadium property 23 which had been empty for years, but now had the biggest shopping center 24 in the world being constructed there. He said he knew St. Anthony was 25 in a pretty key location and saw some exciting developments like the 300 26 units of housing going in on the other end of town and a new townhome, 27 development being constructed not too far from Apache, which made him 28 think there was still a real potential for commercial development in the 29 City. The Commissioner perceived that St. Anthony ought to preserve the 30 commercial it has available for future development in better times. 31 Chair Madden commented that he had mixed feelings about the request 32 before them, citing the fact that Apache is in trouble and could use 33 this help. On the other hand, he cited his own experience with a 34 similar facility, St. Anthony Storage, in his own neighborhood, which is 35 not kept up and is not a good neighbor caused him to have some 36 reservations about this proposal in spite of the assurance of the 37 applicant that their maintenance would be different. 38 Commissioner Werenicz said he had been leaning toward recommending 39 approval of the Weis Company's request after the hearing last month, 40 finding that the proposal did look like a well put together plan and 41 that it might be a good use for this property. He said the only 42 concerns which had induced him to change .his mind had been those of the 43 residents on Silver Lake who have been battling pollution from Apache 44 for years. The Commissioner wasn't sure what their chances of 45 correcting those problems would be, but he said he does agree that the 46 storage use would do nothing more than add to their water problems. 47 However, he was not in agreement with some of the "selfish" arguments • 11 1 from competing businessmen. He also noted that the owner of Apache, Mr. 2 Cavanaugh, who in the past had appeared before the Commission to defend 3 every sign variance request or other changes at Apache, had not seen fit 4 to come to defend this proposal or to provide input to the discussions. 5 The fact that Mr. Cavanaugh appeared to be holding letters of opposition 6 to the proposal which were written by his own tenants had not impressed 7 the Commissioner either. 8 Commissioner Faust, who lives on Silver Lake, said he did not consider 9 the discussion of the water problems to be germane to the zoning change 10 and couldn't agree that denying the proposal was the right way of 11 solving those problems, which could probably only be solved through 12 storm sewer assessments on the users. The Commissioner indicated .the 13 main reason he would be concerned about the project would be the 14 potential for loss of control in planning for the future. He said he 15 perceived the applicants had presented a very attractive proposal which 16 might be nice to have in the City, but he was worried that in spite of 17 stipulations which might be put on this particular use permit, control 18 might be lost over similar requests five or ten years from now. 19 Therefore, in terms of long range planning, he said he would have to 20 oppose the ordinance change. 21 Commission Recommendation • 22 Motion by Wagner, seconded by Franzese to recommend denial by the City 23 Council of the request for amendment of the Zoning Ordinance of St. 24 Anthony which would provide for a self-service storage as a specifically 25 listed conditional use in a "C" Commercial District, finding that: 26 1. The proposal doesn't meet all three conditions which must be 27 satisfied before a conditional use can be permitted, specifically 28 #3 in the petition for conditional use permit which requires the 29 use to be necessary and desirable at the proposed location to 30 provide a service or facility which is in the interest of public 31 convenience and will contribute to the general welfare of the 32 neighborhood or community. 33 2 . The neighbors to this site have expressed a real concern about the 34 desirability of this facility and the necessity for it in their 35 immediate area or location. 36 3. Although it might be true that the facility might be a handy 37 storage area for a lot of people, it wouldn't necessarily 38 contribute to the general welfare of a lot of people in the 39 neighborhood or the community at this location. 40 4. Therefore, if the proposal .doesn't meet the criteria established 41 for a conditional use permit, there doesn't appear to be any 42 justification for amending the St. Anthony Zoning Ordinance for the • 43 proposal. • 12 1 5. There is a potential for the City to lose control over this type of 2 use more in the distant than in the immediate future with the 3 possibility of future storage facilities being located in 4 commercial districts which would not be desirable and might be very 5 detrimental to the community. 6 Motion carried unanimously. 7 ADJOURNMENT 8 Motion by Hansen, seconded by Brownell to adjourn the meeting at 9:58 9 P.M. 10 Motion carried unanimously. 11 Respectfully submitted, 12 Helen Crowe, Secretary 13 14 • 15 • ain t hou ilia e DATE : APPROVAL : June 13 , 1990 TO : Plannin2 Commission Members FROM : Sue VanderHe den Assistant to the City I TEM : D. DREWS, 2609 ST. ANTHONY BOULEVARD, SETBACK VARIANCE David Drews, 2609 St. Anthony Boulevard, is requesting a one, foot variance to the setback requirement of the City Zoning Ordinance. Mr. Drews' proposed garage would be 3 feet from the property line as required by Ordinance, however, the overhang of the garage would be one foot into the 3 foot requirement, resulting in only a 2 foot setback. The Ordinance requires such structure to have a 3 foot setback from the property line, including the overhang. SLV:cjk Date: / I/ � 'C� Fee: • (R-1 . . . . . . $15. 00 Other. . . . . . . . . . . . . $25 . 00 ) CITY OF ST. ANTHONY PETITION FOR VARIANCE APPl icant: 1 —c-&L i �.l �" e kj s Phone: 7 3? Address • :�� c� S 7` 1-�3 i7 r/?Oil -B Status of applicant buyer, renter, agent, etc. ) : [?UL 'Ie r PP (owner, Y Street address and/or legal descripti?n of property petitioned for variance: pct m t -e r k _3 3 S e---f"4 c.k bv, i-ti C, I ` o jferhajjg IJ Zoning district in which property is located: Request: Pursuant to Section 15 , Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1 ) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. -/-P-S 2 ) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3 ) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. 0 Signature of applicant MAILING LIST 2609 ST. ANTHONY BOULEVARD 6/90 • Harold Hirt 2815 Wilson St. St. Anthony, MN 55418 Constance Proctor Gerald Pearo Philip Sularz 2816 Wilson St. 2520 St. Anthony Blvd. 2524 St. Anthony Blvd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Kenneth Thorin George Bochnak Tupper Way 2528 St. Anthony Blvd. 2600 St. Anthony Blvd. 2608 St. Anthony Blvd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Christine Addington Joseph Bohunko David Forsythe 2612 St. Anthony Blvd. 2700 St. Anthony Blvd. 2701 St. Anthony Blvd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 16ohn Leba Dean Affeldt Bernie Forst 2615 St. Anthony Blvd. 2605 St. Anthony Blvd. 2601 St. Anthony Blvd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Joseph Brinkman Charles Kausel Stanley Mirocha 2529 St. Anthony Blvd. 2525 St. Anthony Blvd. 2604-29th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Frank M.Lekoday Harold Lundeen Florian Price 2608-29th Ave. N. E. 2612-29th Ave. N.E. 2616-29th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Robert Koch Robert Tokar John Brandt 2600-29th Ave. N.E. 2528 Murray 2600 Murray St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Bernard Rottach Donald Grassman Mark Kozlak 2604 Murray 2608 Murray 2612 Murray St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 -- _. -- --- - - -- ----- -- ;z-G ,cam. r i _ f I I � I I }sous e CIS ' M o�S' Deck � f � • .� 5"7 V � y s-, i o* L r o ?q 41- III i 60 .fie- _--�-- --------- -- Y&v^ QrcPe.r•�J t,;hc -�'v EHa o A�re� )Q Or 1, PsI 100 ,.,,.. -scale Ch.Go v't. ....... 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LOT A j 44 z �o � F,'Z:e - /?'y C:22 21 20, 19, Ia• 17 . 16 . 15. 14 , 13 .I 12, Z. 10 9 '' 8.; 7 ;1 2 Q v 6 a I �.r a �o %4 r 448 Sz 4 `i .•.y• ''i. q� a _; ab •a,24 25_I 26,I 27 28 . 29, 30. 31 32. 33 34. 35. :i:,, 3T, 38^ 39 40 I �. r ,; L 1 Offla thtOu j! e D ATE : APPROVAL - June 13 1990 TO Planning F ROM Sue VanderHe den Assistant to ITEM : S. CLARKE, 3305 EDWARD STREET N.E. , SETBACK VARIANCE Sharon-Lee Clark, 3305 Edward Street N.E. , is requesting an 11.43 foot variance to the back yard setback requirement of the City Zoning Ordinance to be allowed to construct a 12 foot by 9. 33 foot three season porch. The St. Anthony Zoning Ordinance requires that there shall be a rear yard measuring in depth a distance equal to 20% of the depth of the entire lot, but in no case less than twenty-five feet. Twenty percent of the Clarke lot is less than 25 feet, therefore the required backyard setback would be 25 feet. If the variance were • granted, the back yard setback from the porch would be 13 .57 feet. Please note the attached letter. No calls were received either for or against this request. • SLV:cjk Date: May 14 , 1990 Fee : $15 . 00 . (R-1 . . . . . $15. 00 Other. . . . . . . . . . . . . $25 .00 ) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: Sharon-lee Clarke Phone : 789-8558 Address :— 3515 Benjamin St . N. E. Minneapolis , Minnesota 55418 Status of applicant (owner, buyer, renter, agent, etc. ) : Owner Street address and/or legal description of property petitioned for variance: 3305 Edwards St . N. E. Zoning district in which property is located: R-1 Request: Variance for a three season porch Pursuant to Section 15, Subd. 5 , of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets , if necessary. 1 ) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. yes 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. yes 3 ) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. yes Signature of applicant„ r May 14, 1990 City of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 Dear Members of the Planning Council : I have just purchased a lot located at 3305 Edwards St . N. E. The decision to purchase this property was based on the quality of new homes in this area , the market value of homes in St. Anthony Village, and the proximity to family in the area since 1939. Having found the perfect location, I have very carefully designed a floor plan for a home tailored to fit the surrounding neighbor- hood plus meet my personal needs now and in the future. Key to this plan is a one level easily accessible layout, utilizing the east, south, and west exposures to maximum benefit based on the dimensions of this lot . The criteria for one level easy • accessibility is essential since this is to be my last permanent home and because of my mother ' s age and future care of her . As part of the plan for future construction is a three season porch which could only be extended from the back of the house. Because of the necessary clearances of house to street and house to rear property line, it would be necessary to have a variance to accomodate the porch. Given the size of the home, location of the lot, and conformity to the neighborhood, I feel quite certain the addition of a porch would in no way negatively impact the adjacent homeowners . Because of the suitability of this design for me, the neighborhood , and the conformity and enhancement of the land, I request the permission now, before construction of the home is started . I consider it an integral part of the design of the home. Thank you for your consideration. I look forward to many happy years in this home as part of the vibrant St. Anthony Village community. Sincerely, Sharon-lee Clarke CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, June 19 , 1990 at 7 : 45 P.M. . Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast • corner of the building) . The Planning Commission will meet to: Consider a request from Sharon-lee Clarke for 3305 Edward Street N. E. to allow a 11. 43 foot variance to the backyard setback requirement of the City Ordinance. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Thomas D. Burt City Manager Publish: St. Anthony Bulletin June 6, 1990 MAILING LIST 3305 EDWARD 6/90 OKaren Dovenmuehler Lester Reisberg Robert Breening 3301 Belden Drive 3303 Belden Drive 3305 Belden Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Vincent Ella O. M. Thompson Steven McGee 3300 Belden Drive 3302 Belden Drive 3304 Belden Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Joseph Wall Edwin Brown David Taylor 3306 Belden Drive 2702-33rd Ave. N. E. 2700-33rd Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Leo Hertog, Jr. Bob Berg Betty Pinz 252033rd Ave. N. E. 2513-33rd Ave. N. E. 2519-33rd Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 •Alida Kuiper Peter Leba John Peyla 3312 Edward 3316 Edward 3320 Edward St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Michael Farrell Michael Peterson Douglas Bulthaus 3317 Edward 3313 Edward 3309 Edward St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 J. R. Johnson Supply Chris Paidosh Mike Ramlet 2582 Long Lake Rd. 3227 Edward 2608-33rd Ave. N.E. Roseville, MN 55113 St. Anthony, MN 55418 St. Anthony, MN 55418 • 7� o Ll V { I � I I I i � I I • I j I j I w i O � I ao' i I 10 w Q 761011 330 Enwi��v r Nr FoR S{� anr� - lee r j!V t ilia e DATE : A P PROVA L June 13 , 1990 TO : Planning Commission Mpmhprs :FROM: Sue VanderHeyden, Assistant to the City Manager S TEM : V. BERGGREN, 2508-38TH AVENUE N.E. , SIGN VARIANCE REQUEST Mr. Vernon Berggren, owner of the Apache Country Store, 2508-38th Avenue- N.E. , is requesting a variance to the City sign Ordinance. The City Sign Ordinance allows for 150 square foot of signage per business. The variance is to allow a 881. 5 square foot sign as well as a 28 square foot sign designating the store's entrance. The total proposed signage would be 909.5 square feet. The existing signage is 927 square feet or 17.5 feet larger than the proposed signage. The substantial size of the existing and proposed signage is based on the great distance the store is from Silver Lake Road. • NOTE: The City is working with Mr. Berggren and the sign company to put together a proposal for matching signage at the liquor store, SAVII. When completed, this proposal will be presented to the Planning Commission for their recommendation. PLEASE RETURN THE PLANS FOR THIS REQUEST TO SUE AFTER THE MEETING. • SLV:cjk Date: Al °?�� Fee: . . . . . . . . . . . • (R-1 . . . . .$15.00 Other. . . . . . . . . . . . . $25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE , -)`,,/ ot Applicant• V Phone• Address: 0��0 3 � !/ L S7F �IY bxolyk 124 /lyiz Status of applicant (owner, buyer, renter, agent, etc. ) : fr, Street address and/or legal description of property petitioned for variance: I,c�l1 / '^f/ ? �[ 3r� // V /YI �1 J /- r ✓! '[� Q/Y J /Y/�/y Zoning district in which property is located: 7' m.�/��-�1� Request: 5- %?4Ir `1AR/AIrGF_ Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1 ) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance' be strictly enforced. L,5-t-e ciWad-,v1 oZae�- 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. y 3) The alleged difficulty or hardship is caused by City Ordinance and has not been' created by any persons presently having an interest in the parcel of land. J S LS Signature of applicant—OjtiW-/�- g PP • APACHE COUNTRY STORE 2508 38TH AVE N.E. ST.ANTHONY,MN.55421 (612) 781-2617 Mr. Thomas D. Burt Saint Anthony Village Saint Anthony, Mn. 55421 Dear Mr. Burt: I am the owner of the Apache Country Store located in Saint Anthony. I am trying to create a more pleasant atmosphere for our residents in Saint Anthony. We are currently remodeling our store and the Village of Saint Anthony has asked me to look at our outside appearance and see what can be done to improve it. As you see the attached plan is basicly the same size as it is now, if anything a bit smaller. We definately need a variance because the new ordance will cause an undue • hardship for visability since we are located 1440 feet from our main street Silver Lake Rd. We are not asking for anything more than we have now, but signage and visability is very important in our competive market and is of up most importance to our super market. The Apache Country Store wants to be a good neighbor and help beautify the stores appearance in Saint Anthony. The determanation of the stores name will either be Apache Country Store or Apache New Market which will be decided later this summer. Thank you for your consideration in this matter. S ncerely, �� AV7�. - Vernon Berggren • • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, June 19, 1990 at 8 : 00 P.M. . Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) . The Planning Commission will meet to: • Consider a request from Vernon Berggren, Apache Country Store, 2508-38th Avenue N. E. for a variance to allow a 88 . 5 square foot store frontage sign as well as a 28 square foot sign above the store entrance in lieu of the allowed 150 square foot of signage. This is a decrease from the existing sign, which is 927 square feet. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Thomas D. Burt City Manager Publish: St. Anthony Bulletin June 6, 1990 is MAILING LIST 2508 - 38TH AVE. N.E. 6/90 C. G. Rein Baker' s Square Pizza Hut • 949 Sible Memorial Hwy. 3701 Stinson Boulevard 3801 Stinson Blvd. St. Paul, MN 55118 St. Anthony, MN 55421 St. Anthony, MN 55421 American mily Ins. Apache Car Wash Village Properties 3800 Apache ane 3725 Stinson Blvd. 2500-39th Ave. N. E. St. Anthony, 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 7k� EFH Co. , Inc. 1601 E. Hwy. 13 , #204 Burnsville, MN 55337 • • l 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL MEETING 4 5 MAY 8, 1990 6 7 8 9 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 10 11 The meeting was called to order by Mayor Ranallo at 7:30 p.m. and the 12 Mayor led the Pledge of Allegiance. 13 14 2. ROLL CALL 15 16 Mayor Ranallo, Councilmembers Marks , Enrooth, Makowske - present 17 Staff present : City Manager Tom Burt 18 19 3. APPROVAL OF MINUTES 20 21 A. Continued Board of Review April 24 , 1990 Meeting 22 Motion by Marks , second by Makowske to approve the minutes of the Continued �3 Board of Review meeting of April 24 , 1990 as presented . There were no cor- 24 rections. 25 26 Motion carried unanimously 27 28 B. Regular Council Meeting of April 24 , 1990 29 Motion by Makowske , second by Marks to approve the minutes of the Regular 30 Council Meeting of April 24 , 1990 as presented . There were no corrections. 31 32 Motion carried unanimously 33 34 C. Special Council Meeting of May 1 , 1990 35 Motion by Marks , second by Ranallo to approve the minutes of the Special 36 Council meeting of May 1 , 1990 with the following correction: 37 38 page 1 , line 34 : This line should read , "The person appointed by the Council 39 will serve through the end of the year." 40 41 Motion carried unanimously 42 43 44 4. LICENSES AND PERMITS 45 46 Contractors Licenses 47 Motion by Marks , second by Ranallo to approve the following contractors 48 licenses: 49 50 Albrecht Companies, Roseville, Mn. 1 � Regular Council Meeting May 3, 1990 page 2 1 Builders & Remodelers , Inc. , Minneapolis , Mn . 2 C .G. Rein Builders , Inc. , St . Paul , Mn . 3 New View Construction Inc . , Minneapolis , Mn. 4 Norsk Concrete Construction , Inc. , New Brighton , Mn. 5 Louis L . & Gregory Gardner, Minneapolis, Mn. 6 S & S Tree Specialists , Inc. , Inver Grove Heights , Mn. 7 Westlund Brothers Construction , Arden Hills , Mn. 8 9 Motion carried unanimously 10 11 Heating Licenses 12 Motion by Marks , second by Ranallo to approve the following heating licenses: 13 14 New Mech Companies , Inc . , Lauderdale, Mn . 15 Riccar Heating & Air Conditioning , Andover , Mn. 16 17 Motion carried unanimously 18 19 Amusement Devices 20 Motion by Marks, second by Ranallo to approve the amusement device license 21 for American Amusement Arcades of Golden Valley, Mn. . 22 23 Motion carried unanimously 24 25 Cigarette License 26 Motion by Enrooth, second by Ranallo to approve the cigarette license for 27 Dick' s Amoco Food Shop located at 3700 Silver Lake Road. 28 29 Roll call : Enrooth, Makowske, Ranallo - aye 30 Marks - nay 31 32 3. 2 Beer Permit 33 Motion by Enrooth, second by Ranallo to approve the 3.2 beer permit for 34 Dennis Fagerlee, 3407 Croft Drive N.E . , for a family picnic to be held on 35 ,tune 2, 1990. 36 37 Roll call : Enrooth, Makowske, Ranallo - aye 38 Marks - nay 39 40 4. PRESENTATIONS OF CLAIMS 41 42 A. Hance & LeVahn, Ltd. 43 Motion by Marks, second by Enrooth to approve payment in the amount of 44 $2,400. 00 to Hance & LeVahn , Ltd. for village prosecutions and legal services 45 rendered for the month of May, 1990. 46 47 Motion carried unanimously 48 49 B. Hance & LeVahn, Ltd. 50 Motion by Marks , second by Enrooth to approve payment in the amount of Regular Council Meeti-g May 8, 1990 page 3 1 $20. 00 to Hance & LeVa1n , Ltd. for costs for a copy of the guilty plea 2 and sentencing of a certain party. 3 4 Councilmember Makowske recalled that the contract with this law firm was 5 to have included miscellaneous items such as this. The City Manager was 6 not sure if that is the case in this instance but he will check the matter 7 out . He indicated he ,ill hold the check until this is explained. 8 9 C. Grossman Chevrolet 10 Motion by Marks , secord by Enrooth to approve payment in the amount of 11 $13 ,981 -00 to Grossman Chevrolet for the purchase of a one-ton truck. 12 It was noted that this item had been budgeted. 13 14 Motion carried unanimously 15 16 D. Win Stephens Companies , Inc. 17 Motion by Enrooth, second by Marks to approve payment in the amount of 18 $16,227.61 to Win Stephens Companies , Inc. for the purchase of a step 19 van for use by the Utilities Department . 20 It was noted that this item had been budgeted . 21 22 Motion carried unanimously 23 24 E. Rieke Carroll Muller Associates , Inc . 25 Motion by Makowske, second by Marks to approve payment in the amount of 26 $1 ,265.33 to Rieke Carroll Muller Associates , Inc. for professional services �7 from January 27 , 1990 to March 31 , 1990. 28 �9 The City Manager advised that the City pays this firm and then they pay 30 the Calgon Corporation. 31 31 Motion carried unanimously 33 34 F. Dorsey & Whitney 35 Motion by Marks, second by Enrooth to approve payment in the amount of 36 $94 .35 to Dorsey & Whitney fo legal services rendered from December 1 , 37 1989 through December 31 , 1989. 38 39 Motion carried unanimously 40 41 G. Dorsey & Whitney 42 Motion by Marks, second by Enrooth to approve payment in the amount of 43 $894.75 to Dorsey & Whitney for legal services rendered from March 1 , 44 1990 through March 31 , 1990. 45 45 Motion carried unanimously 47 48 Councilmember Enrooth inquired as to the status of the Foss Road lift 49 station. The City Manager responded that the City has not accepted the 50 project as complete. It still has a vibration problem. Regular Council Meeting May 8, 1990 page 4 1 H. Maier Stewart and Associates 2 Motion by Marks, second by Ranallo to approve payment in the amount of 3 $65.48 to Maier Stewart and Associates for engineering services rendered 4 from February 4 , 1990 through March 3 , 1990. 5 6 The City Manager advised that this firm provides the engineering services 7 for the Minnesota State Aid funds. 8 9 Motion carried unanimously 10 11 I . Minnesota Mayors Association 12 Motion by Makowske , second by Marks to approve payment in the amount of 13 $10.00 to the Minnesota Mayors Association. 14 15 Motion carried unanimously 16 17 J. Community Services 18 Motion by Marks, second by Enrooth to approve payment in the amount of 19 $3, 903. 00 to the Community Services Department of Independent School 20 District #-282. 21 22 Councilmember Makowske inquired how the time spent in the programs of the 23 Community Services Department is tracked. The City Manager advised that 24 the director identifies what projects are going to be charged and that 25 no tracking is done on an itemized basis. 26 27 Councilmember Marks inquired if any reports are sent to the City for Council 28 review. The City Manager responded that no reports are received by the City 29 but he does know what has been budgeted . 30 31 Councilmember Enrooth observed that monthly reports are generated by the 32 Community Services Department who basically operates the Senior Citizen 33 programs. This funding is used for Senior Citizen programs and is reim- 34 bursed with CDBG funds. 35 36 Motion carried unanimously 37 38 K. Verified Claims 39 Motion by Marks , second by Enrooth to approve payment for the verified 40 claims as presented in the accounts payable statements dated February 41 28, 1990, March 31 , 1990, April 20, 1990, and May 1 , 1990. 42 43 Motion carried unanimously 44 45 Mayor Ranallo introduced Joan Remus, who was representing the Eberhardt 46 Property Management Company. Eberhardt is the management agent for the 47 St. Anthony Shopping Center. Ms. Remus ' s purpose in attending the Council 48 meeting was to request a permit to hold a wrestling exhibition in conjunction 49 with the St. Anthony Village Fest . The exhibition would be held on July 21 , 50 Regular Council Meeting May 8 , 1990 page 5 1 1990 from 3 :00 p.m. to 6:00 p.m. in the parking lot of the St . Anthony 2 Shopping Center. 3 4 A wrestling group associated with the Professional Wrestlers Association 5 (PWA) will participate in the exhibition. Gary Vados, owner of the St. 6 Anthony Fun Center , indicated his willingness to work with the PWA in 7 securing the booking and making arrangements. Mr. Vados also was in at- 8 tendance at the Council meeting. 9 10 Mayor Ranallo advised he had contacted Dick Horst , President of the St . 11 Anthony Merchants Association, regarding this exhibition. The Association 12 meets monthly on the first Wednesday of every month. Mayor Ranallo will 13 attend its next meeting to discuss this exhibition. He noted the Village 14 Fest Committee had discussed a wrestling exhibition for last year ' s fes- 15 tivities, but had ultimately selected a karate exhibition. 16 17 Ms. Remus distributed drawings of the parking lot at the St. Anthony t8 Shopping Center which indicated the location of the necessary appoint- 19 ments for the wrestling exhibition. 20 21 The City Manager advised that no permits would be required for the wrestling 22 exhibition. if the event is held outdoors, parking and restroom availability �3 were issues which would reed to be addressed. He noted that if the weather 24 were bad and the affair were to be held indoors, restrooms, ingress, egress, �5 space for observers , etc . would be of concern. Ms. Remus stated that a 26 location to hold the event indoors , if need be, has already been selected 27 and that other issues of concern are being addressed. 28 �9 All insurance requirements will be met by both the Shopping Center and the 30 party representing the wrestling group. 31 32 Councilmember Enrooth inquired how this event would tie in with the Village 33 Fest which is being held at the other end of the City in Central Park. 34 Ms. Remus responded that the time selected , 3:00 to 6:00 p.m. , was viewed 35 as an excellent time for the event by the Chairperson of the Village Fest , 36 Tom Thorson. 37 38 Mr. Thorson feels it would tie in both ends of the community and had indicated 39 he had really hoped the Shopping Center would become involved. Mayor Ranallo 40 stated that the Village Fest Committee had hoped eventually to tie in both 41 of the City ' s shopping centers. All advertising in conjunction with the 42 wrestling promotion will be submitted to the Chairperson of the Village 43 Fest Committee for review. 44 45 Councilmember Marks suggested a parade could be considered to tie the 46 activities at Central Park and at the Shopping Center together. He felt 47 it was a real plus to have the business people involved in the Village 48 Fest. 49 50 The City Manager inquired if food will be available at the wrestling exhibition. Regular Council Meeting May 8, 199' page 6 1 Ms. Remus responded that is not planned for at the present time. She 2 advised if any additional plans are considered, she will return to the 3 Council and to the Village Fest Committee to keep them informed. 4 5 Motion by Rana] lo, second by Marks to allow a pro-wrestling exhibition 6 and encourage the sponsors to work closely with the Village Fest Committee. 7 8 Motion carried unanimously 9 10 6. REPORTS - 11 12 A. Council Reports 13 14 Councilmember Makowske advised she took a tour of the Ramsey County jail 15 with the delegation from the Ramsey County League of Local Governments. 16 She indicated she intends to attend the Historical Society meeting on Monday, 17 May 14th. 18 19 Councilmember Makowske noted she had received a questionnaire from the League 20 of Minnesota Cities which addressed health care issues. It referred 21 to cities who had hospitals or health care facilities located in them, 22 but also requested information regarding general health care concerns. �3 Councilmember Makowske requested the City Manager to complete the questionnaire. 24 25 One of the questions also requested information about the top five city- 26 wide issues of the City. After some discussion, a consensus of the Council �7 was the following issues of concern: infrastructure, finances, recycling, 28 need for a new City Hall , and health care for the elderly. 29 30 Councilmember Enrooth reported that the Recycling Committee had met and 31 identified three issues of concern, they are; additional education regarding 32 recycling (inclusion in City newsletter) , Clean-Up Day (possibly in- the 33 Fall ) , and, possible amendments to the licensing ordinance. 34 35 Councilmember Enrooth felt the Recycling Committee may evolve into a perm- 36 ament committee, with quarterly meetings. There may be an expansion of 37 issues for the Committee's consideration which would include conservation 38 and energy. 39 40 Mayor Ranallo inquired what kind of attendance there had been at the most 41 recent meeting of. the Recycling Committee. Councilmember Enrooth responded 42 of the ten members on the Committee, six had attended, three were out of 43 town, and one was ill . Councilmember Makowske noted that two members had 44 attended the Recycling Committee meeting when they could have been attending 45 a recognition dinner. 46 47 The next meeting of the Recycling Committee is scheduled for June 20th. 48 49 Councilmember Marks noted that the. Ramsey County Regional Railroad Authority 50 Intergovernmental Committee meeting had been cancelled. Regular Council Meeting May 8, 1990 page 7 1 Mayor Ranallo advised that a meeting is being planned to discuss storm 2 and sewer water problems with residents. The City Manager will send a 3 letter to those people who have been experiencing water problems and 4 have indicated this to staff. This informational meeting will be attended 5 by the Mayor, the City Manager, the Public Works Director and an engineer. 6 7 Councilmember Enrooth felt the City has made continuing and ambitious efforts 8 to deal with water problems. He thinks the staff should be readvising 9 property owners-of this so it doesn't 'appear that the City is doing nothing. 10 11 The City Manager said staff keeps current the list of property owners who 12 contact the City regarding water problems. He noted that the letter regarding 13 the informational meeting will also be sent to those property owners staff 14 feels may have also experienced water problems and may not have contacted 15 City Hall . 16 17 Councilmember Enrooth inquired if the Council 'Chambers would be large enough 18 to accommodate the anticipated attendance at this meeting. The City Manager 19 advised the meeting could be moved into the Auditorium if the need arises. 20 He also stated that the 1988 water study report .will be explained as'-will 21 the new possibilities for water distribution out of the City. 22 �3 Mayor Ranallo felt it was important that the meeting be opened up for sug- 24 gestions and discussion. Councilmember Enrooth suggested that staff develop 25 a schematic which would show what is actually present to handle the water 26 as well as indicate the problem areas. Councilmember Makowske also felt the �7 height should be indicated. 28 �9 Mayor Ranallo had met with the staff today to discuss some of their concerns. 30 He reviewed some of the changes that have taken place in the last year, par- 31 ticularly noting three resignations in key positions. The Mayor felt the 32 staff was seeking some reassurance. 33 34 The Mayor requested members of the Council to draft five questions to ask 35 City Councilmember applicants at their interviews and to give the drafts 36 to the City Manager. He also requested that none of these questions be 37 made available to the applicants before the interviews. 38 39 The Mayor has received numerous inquiries from residents and City staff 40 regarding some type of appreciation event for Bob Sundland. Mayor Ranallo 41 will seek Bob and Ardelle Sundland 's consent before anything is done. All 42 Councilmembers agreed this would be appropriate. The Mayor indicated some 43 business people have already offered their location to be used for such an 44 event and many people have volunteered to assist. 45 46 Mayor Ranallo stated he will be in City Hall by 6:15 p.m. on regular Council 47 meeting nights. His purpose is to be available to residents to hear their 48 concerns or suggestions and to facilitate communications. 50 Regular Council Meeting May 8, 1990 page 8 1 B. City Manager Report 2 3 The City Manager advised that some areas in the City offices are being 4 remodelled. He noted he is still open to suggestions from the Council - s - members. Presently, plans include a conference room for use by the City 6 Council , the Village Fest Committee, and by other City committees. 7 8 The schedule for the use of this conference room would be kept by the 9 City Council and by the staff. The City Manager indicated that the remodelling 10 appears to be relatively affordable. 11 12 The City Manager stated that the watering techniques to be used for this 13 year are in place and will appear in the next issue of the Bulletin. 14 15 7. PUBLIC HEARINGS 16 17 There were no public hearings. 18 19 8. NEW BUSINESS 20 21 A. Resolution No. 90-021 : Increase in M.P.C.A. Contract 22 A memo from the Public Works Director to the City Manager indicated that 23 the Minnesota Pollution Control Agency (M.P.C.A.) has approved the increase 24 for the renovation of Well ;r3• The City Manager observed that it took two 25 years before the project actually commenced and that cost had in 26 $20,000. If the City Council adopts the resolution the Mayor and City Manager 27 will be authorized to execute an amendment to the contract to rehabilitate 28 the well . The Public Works Director recommeded adoption of the resolution. 29 30 Motion by Ranallo, second by Marks to adopt Resolution No. 90-021 being 31 a resolution authorizing the Mayor and City Manager to execute the amend- 32 ment to the contract between the City of St . Anthony and the State of Min- 33 nesota, Minnesota P.C.A. . 34 35 Motion carried unanimously 36 37 38 The City Manager advised that the laying of the pipe under the Soo Line 39 tracks is on schedule. The Soo Line has indicated it does not intend to 40 grant an easement and there appears to be some question -as to who actually 41 owns some of the. property in the area. 42 43 The City Manager also stated that the schedule for the building construction 44 is about three days behind. A At is felt that very soon the crew will be ahead 45 of schedule. 46 47 9. UNFINISHED BUSIIESS 48 49 A. Ordinance No. 1990- Re: Temporary Wine Licenses 50 A letter was received from Bill Soth, the City Attorney, which addressed Rec-lar Council Meeting May 3, 1990 pace 9 1 an ordinance for the issuance of temporary wine licenses. 2 3 Noting that the section in the Ordinance which requires an organization 4 to have been in existence for three years, Councilmember Enrooth inquired 5 hot,, Village Fest could qualify for a temporary wine license for the July 6 1990 festivities. The City Manager advised they could not qualify for 7 this year ' s celebration but some other City organization could sponsor 8 this activity and apply for the license. 9 10 Councilmember Marks observed that each application has to be submitted for 11 approval to the State Commission of Public Safety. Councilmember Makowske 12 inquired if the fee for a temporary wine license could be waived. 13 The City Manager responded it could but there are still administrative 14 costs associated with this type of license. 15 16 Councilmember Makowske also had a question concerning that part of the 17 ordinance which referred to ''proprietors of the establishments . '' The 18 City Manager will request an explanation of this phrase from the City 19 Attorney. She felt the phrase ''or members of the governing body of the 20 sponsoring organization'' should be inserted. Councilmember Enrooth felt 21 this issue was clarified further in the ordinance. Councilmember Makow- 22 ske �•:ithdrew her suggestion. 23 24 Motion by Ranallo, second by Enrooth to approve the first reading of 25 Ordinance No. 1990- , being an ordinance relating to the issuance of 26 temporary wine licenses ; adding a new subdivision 3 to Section 806.00; 27 amending Sections 806. 10; 806.20, subdivision 2 ; and 806.20, subdivision 28 8 of the 1973 Code of Ordinances. 29 30 Councilmember Marks expressed his reservations about this ordinance, noting 31 that the sale of stronger alcoholic beverages could eventually be the result . 32 33 Roll call : Enrooth, Makowske, Ranallo - aye 34 Marks - nay 35 36 B. Ordinance No. 1990-002 Re : Temporary Beer Licenses 37 Councilmember Makowske inquired if the City Attorney had made any changes 38 to this ordinance. The City Manager responded there had been no changes 39 made. 40 41 Motion by Enrooth, second by Makowske to adopt Ordinance No. 1990-002 , 42 and ordinance relating to the issuance of temporary beer licenses; adding 43 a new subdivision 4 to Section 800. 05; amending Sections 800.05, subdivision 44 2; 800. 25, subdivision 2 ; and 800.25, subdivision 9 of the 1973 Code of 45 Ordinances 46 47 Roll call : Enrooth, Makowske, Ranallo - aye 48 Marks - nay 49 50 The City Manager advised that a check in the amount of $2 ,000 has been Regular Council Meeting May 8 , 1990 page 10 1 received for use by the Village Fest Committee from pull tab profits. He 2 will bring it to the next Village Fest Committee meeting. 3 4 10. ADJOURNME'JT 5 6 Motion by Marks , second by Enrooth to adjourn the meeting at 8:22 p.m. . 7 8 Motion carried unanimously 9 10 11 12 Respectfully submitted , 13 14 15 16 Jo-Anne Studert , Council Secretary 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL MEETING 4 5 JUNE 5, 1990 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 -- 10 The meeting was called to order at 7:30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 2. ROLL CALL 14 15 Present: Mayor Ranallo, Councilmembers Marks, Enrooth and Makowske 16 Staff Present: City Manager Burt and Assistant to the City Manager 17 VanderHeyden 18 19 3. APPROVAL OF MAY 22, 1990 COUNCIL MEETING MINUTES 20 21 Motion by Marks, second by Ranallo to approve the minutes of the May 22 22, 1990 Council meeting with the following correction: 23 24 page 5, line 41 : Delete the word "strange" and insert the word "uncomfortable." 25 26 Motion carried unanimously 27 28 4. LICENSES/PERMITS/PETITIONS 29 30 A. Contractors Licenses 31 Motion by Marks, second by Enrooth to approve the contractors license 32 for the following firms: 33 34 Home Service Company, Brooklyn Center, Mn. 35 First Choice Exteriors, Inc. , Maple Grove, Mn. 36 Superior Roofing, Minneapolis, Mn. 37 Franzen Construction Company, Columbia Heights. 38 39 Motion carried unanimously 40 41 B. Garbage Hauler License 42 Motion by Marks, second by Enrooth to approve the garbage hauler. license 43 for Super Cycle, Inc. (Recyclables only license) 44 45 Councilmember Enrooth inquired what the "Recyclables only license" 46 referred to in the license application for Super Cycle, Inc. . 47 The Assistant to the City Manager, Sue VanderHeyden, responded she 48 is not sure what this means and will contact the company for an 49 explanation. 50 ' r Council Meeting June 5, 1990 page 2 • 1 Mayor Ranallo observed that Super Cycle, Inc. does work on a sub- 2 contractor basis and this application may pertain to a subcontract 3 arrangement. VanderHeyden speculated it could also refer to an apart- 4 ment recycling project. 5 6 Councilmember Makowske inquired if Super Cycle, Inc. is aware it must 7 meet the reporting of recyclables and yard waste section being pro- 8 posed in Ordinance No. 1990-004 which relates to licensing of garbage 9 haulers. .VanderHeyden responded that this firm had always provided 10 the information being required by this ordinance. 11 12 Motion carried unanimously 13 14 C. Multiple Dwelling License (renewal ) 15 Motion by Marks, second by Enrooth to approve the multiple dwelling 16 license being requested for an apartment building located at 3701 17 Chandler Drive and owned by Judith and Michael Miller. 18 19 Motion carried unanimously 20 21 D. Heating Licenses 22 Motion by Marks, second by Enrooth to approve the heating licenses 23 for the following companies: 24 . 25 Royalton Heating E Cooling, Brooklyn Park, Mn. 26 Superior Contractors Inc. , Minneapolis, Mn. 27 J. K. Heating Company, St. Paul , Mn. 28 Thomas M. Meyer Enterprises, DBA: Home Energy Center, Plymouth, Mn. 29 Brady Mechanical Services, Little Canada, Mn. 30 A. Binder and Son, Inc. , South St. Paul , Mn. 31 Yale Incorporated, Minneapolis, Mn. 32 Richmond E Sons Electric, Inc. , DBA: Golden Valley Heating E Air Conditioning, 33 Crystal , Mn. 34 35 Motion carried unanimously 36 37 38 5. CLAIMS 39 40 A. GAB Business Services 41 Motion by Marks, second by Enrooth to approve payment in the amount of 42 $3,757.64 to GAB Business Services. 43 44 This payment was to satisfy an insurance claim. The City Manager explained 45 what had transpired to initiate this insurance claim. He noted that a 46 City's snow plow operator was removing snow. When he reached the inter- 47 section he signalled a right turn, but swung a wide left to make the 48 turn. A truck to his left was hit. The claim is for repair of the truck 49 and for the use of a rental vehicle. The City Manager stated that this • 50 matter did not go to court. Under the No-Fault provision of the law, the Council Meeting June 5, 1990 Page 3 1 City was held liable and required to pay the claim. 2 4 Motion carried unanimously 5 B. Kolstad Company, Inc. 6 Motion by Makowske, second by Enrooth to approve payment in the amount 7 8 of $2,362.00 to the Kolstad Company. 9 Councilmember Makowske requested an explanation of the additional charge 10 of $438.22 to this invoice. The City Manager advised this is not an ad- 11 dition to the contract for the wagon, but is for a pintle hook for the 12 tar wagon. It was added to this invoice merely for the convenience of 13 the Kolstad Company. 14 15 Motion carried unanimously 16 17 C. Mac Queen Equipment Company 18 Motion by Enrooth, second by Marks to approve payment in the amount 19 of $60,328.00 to the Mac Queen Equipment Company for a vehicle. 20 21 The City Manager advised that this equipment cost approximately $20,000 22 less than was budgeted. 23 24 Motion carried unanimously •25 26 D. Verified Claims �7 Motion by Marks, second by Makowske to approve the verified claims 28 as presented for accounts payable dated June 6, 1990• 29 30 Councilmember Makowske questioned check number 01205 in the amount of 31 $725.79 to Golden Valley Supply. The City Manager advised this was for 32 the purchase of doors and door hardware which was installed in the City 33 Hall building. 34 35 Motion carried unanimously 36 37 6. REPORTS 38 39 A. Council Reports 40 None of the Councilmembers had anything to report_at this time. 41 42 43 B. City Manager's Report The City Manager had included copies of the Association of Metropolitan 45 Municipal itiesl (AMM) Mission Statement in the Council 's informational 45 packet. Member cities of the AMM will be requested to vote on acceptance 47 of the mission statement at its September 20th meeting. It is being 48 proposed to hire an additional staff person which will bring the staff 49 total to four. An increase of approximately twenty-five percent in dues 50 is also being proposed. The AMM is requesting the City Council to appoint • Council Meeting June 5, 1990 page 4 1 a representative from the City of St. Anthony to the AMM. 2 3 The City Manager said the AMM staff had indicated a willingness to 4 have someone from the organization attend a Council work session to 5 discuss the focus of the AMM and the changes being proposed.. The City 6 Manager was instructed to invite a member of the AMM staff to attend 7 a Council work session. 8 9 Mayor Ranallo advised that he and the City Manager had attended the 10 AMM Annual Meeting. It was noted that the AMM focuses strictly on 11 metro-area cities and their concerns. This focus is unlike that of the 12 League of Minnesota Cities which addresses statewide city concerns. 13 14 Update of Group Home on- Silver Lake Road 15 The City Manager has been in contact with the City Attorney regarding 16 the status of the group home on Silver Lake Road. He noted that none 17 of the property owners in the area of the group home were aware of 18 it being used for that purpose. 19 20 The City Manager and the Public Works Director have spoken to the 21 residents of the group home about the need for completing the land- 22 scaping in the front yard. It had been rumored that any remaining 23 funds of the property owners would be used for air conditioning the 24 home and that landscaping was not being considered at the present 25 time. 26 27 The City Manager stated that staff does not know who owns the home 28 or if it has been licensed by the State. He felt the State had "dropped 29 the ball" on this matter. He also noted that if it is not licensed, 30 it is being used in a non-conforming manner. 31 32 Councilmember Enrooth has observed numerous vehicles at the property 33 and many people lingering outside. He felt it appeared that some 34 counselling was being done there. 35 36 The City Manager had speculated that the original intent and purpose 37 of the house did not include counselling or any type of treatment. He 38 inquired what intent for use had been stated when this proposal was 39 presented to the Council . 40 41 Mayor Ranallo advised that this was part of the problem in that the 42 group home situation had never been brought before the Council . 43 44 The City Manager stated he will be drafting a letter to Bill Soth; the 45 City Attorney, requesting he procure information for the following 46 questions/concerns regarding this group home: Is it licensed ?; Who 47 frequents the home and who actually resides in it ?; Is on-going patient 48 counselling being conducted ?; and, Is the group home a permitted use 49 under the City zoning ordinance ? Burt felt it was doubtful if this • 50 were a licensed group home that patient counselling could be done-on Council Meeting June 5, 1990 page 5 1 an outpatient basis. 2 3 Regarding who actually owns the home, the City Manager had been 4 advised by neighbors they were told it was owned and operated by 5 a group of physicians on staff at Unity Hospital . He was not too 6 sure how factual this information was. 7 8 The City Manager is keeping a list of phone callers' concerns received 9 regarding this group home. He has the caller's identity and will 10 attempt to keep them updated on activity at the group home and any 11 action to be considered by the City Council . 12 13 Mayor Ranallo stated that the City Council had previously been ad- 14 vised that the federal government was establishing this group home 15 and the home was federally mandated. Its purpose was to accommodate four to 16 six brain-injured peoOle and would have a program in place to teach 17 independent living skills. He received a phone call about another 18 home of this type located on Hilldale. No one on the Council nor. on 19 the staff had any knowledge of this facility. 20 21 The Assistant tothe City Manager recalled receiving a call from some- 22 one with information about. the group home on Silver Lake Road and 23 having discussed state regulations. She will check with the City 24 Attorney regarding the name and phone number of this person as she 25 believed she passed this information on to him. 26 27 Councilmember Marks felt there surely must be a master file kept by 28 a State agency on these types of homes. 29 30 The City Manager advised he has sent a letter to all three of the new 31 homeowners in this block addressing their responsibility to complete 32 their landscaping. 33 34 Extension Request 35 A letter dated May 25, 1990 was received from Mr. Pirino, who recently 36 moved a house to a location on 33rd Avenue just west of Silver Lake 37 Road,, requesting an extension of one-hundred and eighty days to com- 38 plete some items on his property. The City Manager requested direction 39 from the Council as to how he should respond to this letter. 40 41 Mr. Pirino indicated a cash flow problem at this point in time, but 42 stated he intends to complete the exterior of the house, finish the 43 landscaping and build a garage. 44 45 Councilmember Enrooth felt the landscaping could be finished and the 46 grass planted when the ground dries out. 47 48 Mayor Ranallo thought the same procedure should apply in this situation 49 as has applied in others; that being, an extension of thirty days. • 50 Council Meeting June 5, 1990 • page 6 1 Councilmember Makowske expressed concern in expecting a garage to be 2 completed in thirty days, particularly in light of the costs involved. 3 4 Discussion followed which addressed the need for Mr. Pirino to apply 5 for a new permit. The previous permit was requesting a garage to be 6 located at the front of the house, but the location for this new 7 garage is no longer in the front of the house. 8 9 Mayor Ranallo suggested this matter could be an agenda item for the 10 June 26th Council meeting. He requested staff to find out if Mr. 11 Pirino is going to apply for a completely new garage, and if so, 12 he can do that next year. 13 14 Councilmember Makowske was of the opinion that Mr. Pirino would only 15 need an extension on the present permit. The City Manager agreed this 16 could be done under the existing permit, but Mr. Pirino would have to 17 submit plans for the new garage. 18 19 Mayor Ranallo requested that completion dates be included with the 20 plans for the new garage. 21 22 The City Manager stated the extension can be granted administratively. 23 He will include any activity on this issue in the informational packets _ • 24 that go to the Councilmembers to keep them currently advised. 25 26 Members of the Council also requested that staff keep the City Attorney 27 advised in this matter as the extension request for the work on the 28 front of the house is until October of this year. 29 30 Mayor Ranallo stated the need for consistency in dealing with these 31 types of matters. He referred to the situation with a newly-built 32 home on 33rd Avenue and Edward. The City Manager advised the owners 33 are presently residing in the house and have not applied for nor 34 received an occupancy permit. Staff will be contacting the property 35 owners. 36 37 Flooding Problems 38 Councilmember Enrooth inquired if any Councilmember or staff member had 39 received phone calls regarding water problems being experienced after the 40 recent rain. The City Manager had received none. Mayor Ranallo had re- 41 ceived calls from property owners on St. Anthony Boulevard, but none 42 from residents on Armour Terrace. He noted that the St. Anthony Boulevard 43 residents received water in their basements and were pumping it out. 44 45 Councilmember Enrooth stated his rain gauge has registered two and one 46 half inches of rain had fallen in a short time. His observation is that 47 the problem is how the rain falls, not how much falls. 48 1049 Tom Burt distributed to the Council a copy of a letter he has drafted 50 to be sent to residents who have been experiencing water or flooding Council Meeting June 5, 1990 page 7 • 1 problems. The first paragraph of the letter advised residents of 2 the formation of a task force to study water distribution in the 3 City and of an engineering study being proposed. 4 5 Mayor Ranallo observed that property owners are of the opinion that 6 the City Council has done nothing and is proposing nothing to solve 7 the water and flooding problems in the City. He also noted that 8 residents have been told there would be a meeting with them and members 9 of the Council and the staff scheduled to discuss these problems and 10 offer solutions. The City Manager's letter does not refer to any 11 meeting date. 12 13 The City Manager stated he preferred not to set a meeting date until 14 the engineering study has been completed and some of the options for 15 solving the problems were explored and available. 16 17 Mayor Ranallo has also been told that when residents attended the 18 Board of Review meeting and attempted to discuss their water problems 19 relative to their property value, the Council had "turned them off." 20 21 Councilmember Marks recalled that City Councils have been dealing 22 with water problems for years and years in St. Anthony. He recognizes 23 the frustrations of all parties involved and suggested property 24 owners be invited to come forward if they had any solutions. • 25 26 Councilmember Enrooth inquired if residents had ever received the 27 results of any of the engineering studies which have been done or 28 any of the data collected by the task force. The City Manager 29 had spoken to Bob Lohmar regarding a study previously completed which 30 addressed gate valves for individual residences and when the sewer on 31 29th Avenue was completed. He noted that the task force was created 32 to address all of the infrastructure in the City and the option of 33 distributing water either to 29th Avenue or over to Highway x/88. 34 35 Councilmember Makowske suggested that a chronology of the area experiencing 36 water problems be established and be made available for discussion at 37 a meeting with the Councilmembers, staff and property owners. She felt 38 a letter to the affected residents should be written in a positive 39 manner and make a point of stating that the City Council is very 40 concerned with their problems and have been trying fdr some time to 41 find solutions. 42 43 Councilmember Enrooth felt a history would not be an immediate help 44 to the water problems but would clearly state to the property owners 45 that the Council is very serious and dedicated to finding solutions. 46 He stated that it is obvious that some of the problems are due to 47 topography and Mother Nature. 48 49 Mayor Ranallo recalled that when the pipe was installed on 29th Avenue • 50 it was supposed to solve all of the water problems. He felt it solved Council Meeting June 5, 1990 page 8 1 none of them. 2 3 Councilmember Marks observed that every time a building is constructed 4 or the ground is covered the problem of water distribution is exacerbated. 5 6 Mayor Ranallo thinks a letter to property owners should include a meeting 7 date, a chronology of the problem and how it has been addressed, and a 8 certain time when an engineering study will be completed and the results 9 available. 10 11 The City Manager felt it is important that a consultant be hired to 12 approach the City of Minneapolis with St. Anthony's request to tie 13 into their watermains.. He is of the opinion that a consultant would 14 have the expertise to make this presentation much better than a member 15 of the City's staff. If Minneapolis were to approve this request then 16 an engineering feasibility study could be done. 17 18 Councilmember Makowske felt a staff person from the engineering firm 19 the City hires should meet with the Council and the property owners. 20 She noted that most engineering firms have staff to provide this type 21 of informational service. 22 23 Councilmember Enrooth observed that bids had been received from only 24 two firms. He felt other bids should be sought and noted that one of 25 the firms who submitted a bid was not very responsive when requested 26 to provide information in person to the Council . 27 28 The City Manager advised that one of the firms who submitted a bid was 29 very well versed in hydrology and sewers. The other firm was recommended 30 by an associate of the City Manager. He will seek more bids. 31 32 Mayor Ranallo felt the first paragraph of the draft letter should be 33 deleted in its entirety as property owners are not really concerned 34 with the task force. He suggested the letter should refer back to what 35 was done in 1988, bring the property owners up to date as to what has 36 been done since then, and invite their suggestions and ideas. 37 38 The City Manager recommended this meeting should be scheduled for the 39 week of June 18th. 40 41 Councilmember Enrooth felt this may not be a "comfortable" meeting and 42 suggested that all members of the Council should attend. Councilmember 43 Makowske agreed. 44 45 Members of the Council requested the City Manager have a map at the 46 meeting which showed the City and its topography from long ago. 47 Councilmember Makowske recalled that the Historical Society has some 48 maps in its archives and there is a map available of the wetlands 49 and swampy areas of the City. 50 Council Meeting June 5, 1990 page 9 1 The City Manager stated he would prefer the meeting to be scheduled 2 for Monday, June 25th as he will need some preparation time. 3 Mayor' Ranal lo requested that the letter go out under his signature and 4 it include the fact that other 5 Councilmembers will also be in attendance. 6 Burt suggested that the meeting start at 7:00 p.m. and he will make 7 arrangements for use of the Auditorium to accommodate all of the residents 8 he anticipates will attend. 9 10 Councilmember Enrooth felt to insure an atmosphere of informality to 11 the meeting refreshments should be served such as coffee, cookies, 12 punch or lemonade. 13 14 To reinforce that a number of people have contacted the City for solutions 15 to water problems, Councilmember Makowske recommended that the letter 16 include some reference to their being welcome to make suggestions for 17 resolutions of the problems and that their imput is desired and needed. 18 19 Mayor Ranallo requested the City Manager to write an article for submission 20 to the Bulletin and the Northeaster. The Mayor felt if the City Manager 21 were to personally write the article it would contain all of the sug- 22 gestions made by the Council . 23 1024 7. PUBLIC HEARINGS 25 26 There were no public hearings. 27 28 8. NEW BUSINESS 29 30 A. Resolution No. 90-022; Re: Designation of Mayor Pro-Tem 31 Motion by Makowske, second by Ranallo to designate the most senior 32 member of the Cite. Council , George Marks, to serve as Mayor Pro-Tem. 33 34 Roll call : Enrooth, Makowske, Ranallo - aye 35 Marks - abstain Motion carried. 36 37 B. Ordinance No. 1990-004; Re: Amending Licensing of Garbage Haulers 38 This is the first reading of the ordinance. 39 40 Motion by Marks, second by Makowske to approve the first reading of 41 Ordinance No. 1990-004. 42 43 A copy of the ordinance was distributed to the Council with all of the 44 new language underlined for informational purposes. 45 46 Motion carried unanimously 47 4B C. Proposal to Provide Feasibility Studies for a Storm Water Pump 49 Station/Diverson and Sanitary Sewer Diversion 50 Council Meeting June 5, 1990 page 10 • 1 The City Manager indicated his willingness to seek more bids. It 2 was noted that the two proposals received were not sealed bids. 3 4 Mayor Ranallo felt someone should be retained who could explain 5 the findings of an engineering study in a fashion which would be 6 credible and understandable. 7 8 9• UNFINISHED BUSINESS 9 10 A. Pull Tab Donation for Villagefest 11 The City accepted a donation of $2,000 from Villagefest with the under- 12 standing it may not qualify as a lawful expenditure accordina rn rhP 13 State Department of Gaming. Rick Muenchow, of the St. Anthony Sports 14 Boosters, is requesting the Council to state its position regarding 15 the remaining $2,000 being considered for donation. It was noted that 16 the City would have to reimburse the Boosters if it is found that 17 these funds from pull tabs do not qualify as lawful expenditures. 18 19 The criteria which has to be met to qualify are that the funds must 20 be used for activities for children, physical well being and educational 21 advancement. Tom Thorson, Chairperson of the Villagefest, felt strongly 22 that this criteria can be met for a total of $2,000. He noted that the 23 Villagefest has a budget of $14,000 and this amount of $2,000 could 24 be pro-rated back for many of the common expenses of the celebration. �25 26 Some of the items considered by the Council and the Chairperson were 27 rubbish containers, satellites, lighting, entertainment items geared 28 solely to children, the 5 K run, security costs, etc. Thorson stated 29 he is relatively comfortable that enough, expenses can be found to meet 30 the criteria. 31 32 The Mayor suggested that only $1 ,000 be contributed by the Sports 33 Boosters. The City Manager advised that there had been considerable 34 hope that the Tri-City American Legion and the Eagles would donate 35 heavily. It was now felt there would be no contributions from either 36 of these organizations. 37 38 Thorson advised that the Villagefest Committee felt there would be 39 considerable funds realized from the beverage sales but that there is 40 still some dependency on the pull tab monies which had been offered. 41 He stated that if there is not enough profit realized from the 42 beverage sale proceeds the Villagefest Committee may still have to 43 come to the Council for some funding. 44 45 Councilmember Makowske inquired if this project would be able' to receive 46 funds from Celebrate Minnesota. VanderHeyden advised that it would not 47 qualify. 48 49 Thorson felt the rental of the bandshell could also be included in the •50 total for meeting the criteria. Council Meeting June 5, 1990 page 11 1 Councilmember Enrooth requested Thorson to accept the $2,000 from 2 the Sports Boosters. Other members of the Council agreed with 3 this request but Councilmember Marks stated he is still uncomfortable. 4 5 B. Ordinance No. 1990-003; Re: Temporary Wine Licenses (third reading) 6 Motion by Ranallo, second by Enrooth to approve the third reading of 7 Ordinance No. 1990-003 and its adoption. 8 9 The City Manager advised the Council there is an addition to Sub- 10 section 3 in the Ordinance labelled (f) which reads as follows: 11 12 (f) No organization will be issued more than three temporary wine 13 licenses. 14 15 Members of the Council discussed the number of temporary wine licenses 16 to be issued annually and agreed on three. 17 18 Roll call : Enrooth, Makowske, Ranallo - aye 19 Marks - nay 20 Motion carried. 21 C. City's Insurance 22 Mark Flaten, President of American Risk Services, Inc. , sent a letter �3 to the City Manager with his recommendation for insurance coverage 24 for the City of St. Anthony. •25 26 Mr. Flaten recommended staying with the retrospective program as the �7 City has a history to justify this choice. He recommended this con- 28 tingent on the Council designating funds toward a self-insurance �9 program. 30 31 This renewal decision was due by June 1 , 1990 but was extended until 32 after the June 5, 1990 Council meeting. 33 34 Motion by Enrooth, second by Marks to follow the recommendation of Mr. 35 Mark Flaten and choose the guaranteed cost program for insurance coverage. 36 37 Motion carried unanimously 38 39 D. Request Letter From Mayor of Red Wing 40 Mayor Ranallo had received a letter from Joanell Dytstad, Mayor of 41 Red Wing, seeking Council support for her bid to be elected as 42 a Vice President of the Board of Directors of the League of Minnesota 43 Cities. 44 45 The Mayor indicated he has written a personal letter of support and 46 inquired if the Councilmembers perferred to write individual letters 47 or a group letter of support. He noted he sent his letter to the 48 Chair of the Nominating Committee, Mayor Ken Murphy. 49 • 50 Councilmember Makowske inquired if any other person is seeking this Council Meeting June 5, 1990 page 12 • 1 position. Mayor Ranallo advised that Councilmember Pete Solinger 2 of Rochester is also seeking the position. 3 4 Councilmember Enrooth felt individual - letters would be preferred. 5 6 RECESS: 8: 15 p.m. 7 8 The Council recessed to continue interviewing applicants for the 9 vacancy on the Council . 10 11 RECONVENE: 9:40 p.m. . 12 13 Appointment to Vacancy on the City Council 14 15 Motion by Enrooth, second by Ranallo to appoint George Wagner to fill: _half'. of 16 the unexpired term of Clarence Ranallo on the City Council of St. 17 Anthony. 18 19 Motion carried unanimously 20 21 It was noted that Councilmember Wagner must stand for election in 1991 22 to complete the remaining two years of Clarence Ranallo's term. 23 K4 ADJOURNMENT 5 26 Motion by Marks, second by Enrooth to adjourn the meeting at 9:45 p.m. 27 28 Motion carried unanimously 29 30 31 32 Respectfully submitted, 33 34 35 Jo-Anne Student, Council Secretary 36 37 38 39 40 41 42 43 44 45 46 47 48 49 �0