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HomeMy WebLinkAboutPL PACKET 03181984 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100395 Box: 15 Folder: PL PACKETS 1984 Document: PL PACKET 03181984 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA March 19 , 1984 7: 30 P.M. 1. Call to Order. 2. Roll Call. 3. Minutes. A. Planning Commission - February 21, 1984 . 4 . Designate Planning Commission Representative to the Council ,Meeting on March 27, 1984 . 5 . Public Hearings . • A. 7: 35 P.M. - Proposed CDBG Year X Funding. 6 . Zoning and Ordinance Variations . 7. Old Business . A. St. Anthony Court Sign Variance. B. Gross Golf Course Proposed Clubhouse Facility. 8. New Business . 9 . Miscellaneous. 10 . Adjournment. CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES February 21 , 1984 1 The meeting was opened by Chair Pro_..Tem Zawislak at 7 : 32 P.M. 2 3 Present for roll call : Wagner, Bowerman, Zawislak, Bjorklund, and 4 Franzese . 5 6 Absent: Jones (arrived at 7:40 P.M. ) , 7 8 Also present: David Childs , City Manager. 9 10 Mr. Childs administered the oath of office to Ron Hansen, who had been 11 appointed by the Council to serve on the Commission, who then answered 12 the roll call . 13 14 Motion by Commissioner Bjorklund and seconded by Commissioner Bowerman 15 to approve as submitted the minutes of the Planning Commission meet- 16 ing held November 15 ,. 1983 . 17 18 Motion carried unanimously. • 19 20 Motion by Commissioner .Bjorklund and seconded by Commissioner Bowerman 21 to approve as submitted the minutes of the specialP-lanning Commis- 22 sion meeting held January 3 , 1984 . 23 24- Motion carried unan'imously-. 25 26 Commissioner Bowerman agreed to present the minutes during the Feb- 27 ruary 28th Council meeting. 28 29 Mr. Childs had addressed the request from the Minneapolis Park Board 30 for City approval of the new clubhouse they propose to construct on 31 the Gross Golf Course property on the St. Anthony Boulevard..Parkway 32 and indicated staff would recommend approval of that proposal because 33 he perceived the project met the various Zoning Ordinance .requirements 34 for a Recreational Open Space District for which the Commission and 35 Council must determine , only, that, "all structures shall be con- 36 structed of a material and design which is compatible with the natural 37 environment" . The Manager had attached to his memorandum reproductions 38 of the site plans for the parking and drop off areas, to the west of 39 the proposed building and a sketch of the interior walkway and two 40 levels , as well as the southern and eastern elevation renderings of 41 the proposed building. 42 _43 Commissioner Bjorklund recalled there had been much more stringent 4-4- conditions -set for construction on the Salvation Army campgrounds .but 45 Commissioner ,Bowerman reminded him that the proposal had been for an 46 additional single family dwelling in an area where only one was 47 allowed by the ordinance , thus additional consideration was necessary. -2- 1 Paul Madsen , of Arvid Elness Architects , Inc. , 510 First Avenue North , • 2 Minneapolis , indicated he was representing the Minneapolis Park 3 Board and because he had just returned from out of town , had failed 4 to bring the site boards with him. He told the Commission members 5 the park board intends to replace the existing clubhouse with a two 6 story building which he estimated would cost approximately $550 ,000 7 and the architect indicated the plans were to start construction in 8 April with the construction anticipated to be finished in October. 9 IIe indicated the exterior and roof would be constructed of cedar 10 shakes and glass to match and take advantage ,of the natural beauty 11 of .the area. In reference to the parking area, Mr. Madsen indicated 12 the drop off area was proposed to facilitate traffic on the grounds 13 and he indicated a curb cut would be required in that area for that 14 purpose. The old clubhouse would be razed and that area utilized 15 for landscaping and walkways. Mr. Madsen indicated the north ele- 16 vation which had not been reproduced in the agenda packet, would 17 match that shown in the southern elevation drawing and the highest 18 point of the building would be the ridge which was shown which would 19 be 28 feet high. Additional parking might later be developed in the 20 area where the driving range is now, he said. 21 22 Commissioner Bjorklund perceived the plans which they had been pro- 23 vided to be very deficient in that there were no landscaping plans 24 or specifics related to the exterior finish which would indicate 25 the building would be vandal proof and not require more police and 26 fire protection, which the City has to provide , than the masonry 27 block type of building normally found in parks and on school grounds . • 28 Mr. Madsen responded that he did not perceive this building would 29 get the same abuse a park or school .building would and that he 30 was certain the: park board had taken the security question into account 31 when they had approved the exterior design for the building. - He' 32 said the City Building Inspector had been working with his firm from 33 the very beginning on this building and he was not aware that there 34 had been a history of- vandalism for the existing clubhouse . He also 35 told - the Commissioners that the park board is considering more winter 36 type recreational options for the building and he believed the build- 37 ing would be open at least on weekends all winter. 38 39 Commissioner Jones, who had arrived at the beginning of the discussion , 40 indicated he perceived this might be an opportunity for the City to 41 negotiate with the City of Minneapolis for better -cooperation towards 42 improving the condition of the St. Anthony Parkway (Boulevard-) in 43 front of the golf course , since he believes the new facility would 44 require an upgraded roadway in front. Mr. Madsen indicated he was 45 certain a park board representative would have come to the meeting 46 if they, had known this was to be considered a public hearing and not ' 47 just a discussion of the concept of the new clubhouse. 48 49 The Manager said the City Building Inspector had been provided a 50 detailed set of plans for the project, and since the Commission and. 51 Council review were limited to the compatibility with the environment , 52, he had perceived that the four pages of plans submitted to the Com- • 53 mission were adequate . 54 55 -3- 1 Commissioner Jones indicated he agreed with Commissioner Bjorklund 2 that there were many landscaping and security concerns which could 3 not be addressed without the full set of plans . Commissioner Franzese 4 indicated she wanted to wait until she had an opportunity to see just 5 how the western- side of the building which faces the parkway would 6 be treated and Commissioner Hansen indicated he shared her concerns 7 about the view of the building from the front and the concerns of 8 the other Commissioners related to the provision of security and 9 fire protection for the building. 10 11 -Mr. -Madsen--said.-he- knew there was an elaborate alarm system planned 12 for the building which would be paid for by the park board and indi- . 13 cated a delay of a month could pose real problems for the park board 14 since they planned to advertise for bids the next day and to apply for 15 a building permit right away. 16 17 Commissioner Jones indicated he wanted specific concerns about the 18 proposal addressed before a recommendation was made to the Council 19 and wanted the curb cut tied into the Minneapolis ' intentions re- 20 garding the maintenance of the roadway. Commissioner Bowerman indi- 21 cated he did not think that should be the Commission's concern at 22 that time since no formal request for a curb cut had been made and 23 the only matter before them was actually the determination .of whether 24 or not the proposed building was to be constructed in such- a manner 25 as to be compatible with the natural environment and reminded them 26 that the Manager had indicated the proposed construction would meet • 27 all the Zoning Ordinance-requirements and "merely needs Commission 28 and Council approval as a matter of formality" unless the Commission 29 perceives the material or -design would have a detrimental environ- 30 mental effect. The Commissioner said the Building Inspector has 31 been working with the planner all along and he questioned whether 32 the Commission would be acting in a legal manner to enter into the 33 planning process at this stage by questioning how the security would 34 be provided and whether or not the glass or interior finish was 35 vandal proof : ` He said "hots can you trade off a curb cut :which hasn' t 36 even been requested yet, for a building which is being constructed 37 by the park board on their own property?" . 38 39 Commissioner Wagner indicated he believed the Commission was acting 40 properly when they wanted to know about the security which would be 41 provided, since that is the City ' s responsibility and agreed that they 42 had a right to see all specific plans for the proposal before acting 43 on the request. 44 45 Commissioner Bjorkl:und reiterated that he believed the . connection 46 between the provision of a quality road for a quality building was 47 a valid one and he believed the City of Minneapolis should be willing 48 to negotiate in good faith on the matter. He did not see them as 49 acting in a fair manner and said he didn' t want to see his tax moneys 50 spent for a road they- would benefit most from. 51 • 52 The Manager commented . that 'if, when they first saw the agenda packet, 53 the Commissioners .had called him to let him know they wanted to dis- 54 cuss the matter directly with the Minneapolis officials, he could 55 have had them come. to the meeting and would have made certain all -4- 1 the plans were available if he had known what their specific concerns • 2 would be. 3 4 Commissioner' Jones reiterated that. he believed the Commission had 5 the right to see the missing plans.- for the landscaping and visual 6 view :of the building from the front and that the Minneapolis Park 7 Board should have had a representative at the meeting to discuss any 8 concerns the Commission might have . 9 10 Motion by Commissioner Jones and seconded by Commissioner Franzese 11 to table the request for the new Gross Golf Course clubhouse because 12 of the absence of specific plans for front visual appearance land- 13 scaping, provision of a vandal proof structure and curb cut and 14 signage for the proposed building. 15 16 Voting on the motion: 17 18 Aye : Bjorklund, Franzese, Zawislak, Hansen and Jones . 19 20 Nay: Bowerman and Wagner. 21 22 Motion to table carried. 23 24 Following the -vote , the Manager told the Commissioners he would not 25 anticipate any change in the City of Minneapolis ' attitude towards a 26 major overlay or sealcoating job at this time , even though the 27 improved street would be a benefit to their property. He also told • 28 Commissioner Bjorklund that when the roadway is upgraded, it is ' 29 anticipated there would -be no -direct assessments to City taxpayers 30 since the costs of the improvement would be paid from state and federal 31 funds and assessment to the abutting property owners . 32 33 At 8 : 15 P.M. , the Chair Pro Tem opened the public hearing to consider 34 a petition for a variance for a 6 ft. wood fence at 2912-32nd Avenue N.E. 35 which had been mistakenly erected'- without a permit by the contractor 36 retained by the owner, Philip Hoversten, when he constructed another 37 addition to the property. The variance would allow the fence , which 38 is two feet taller than permitted by ordinance, to remain as constructed. 39 40 The Notice of Hearing, which had gone out to twenty-one property 41 owners within 200 feet of the subject property was read by Chair Pro 42 Tem Zawislak. No one present indicated failure to receive the notice 43 or objected to its content. The Manager reported receiving no calls 44 about the request and reiterated the points he had made in his 45 February lst memorandum that he perceives that fence - had not been 46 erected without the permit in an attempt to circumvent the ordinance 47 and since neither traffic nor visibility would be obstructed by the 48 fence , it would not appear the intent of the ordinance would be 49 greatly damaged by permitting the fence to remain. , 50 51 -Mr. Ho.versten told the Commissioner the fence, which only partially 52 protrudes- into his front yard; had been constructed at the same time • 53 another .addition was made to his home and failure to include that 54 Particular permit when the application was made for the other building 55 permits had been ari oversight ,on the part of the builder which had 56 since been corrected when the Public Works Director called it to his 57 attention. -5- 1 No one else spoke either for or against the variance request and the 2 hearing was closed at 8 : 22 P.M. for Commission consideration. 3 4 Commissioner Bjorklund reported he had visited the site and noted 5 the unique topography of the land in that area made the fence seem 6 much. shorter than six feet and the protrusion into the front yard 7 minimal. - 9 Motion by Commissioner Bjorklund and seconded by Commissioner Bowerman 10 to recommend the Council grant a variance to the City Fence Ordinance 11 requirement that front yard fences should be no higher than 4 ft. which 12 would allow Philip Hoversten to retain, but not add to, the 6 ft. 13 fence which partially extends out into his front yard at 2912-32nd 14 Avenue N.E. , finding that: 15 1. It appears that the erection of the fence without a permit was an 16 inadvertent omission when another addition was being constructed 17 on the property. 18 19 2. The fence would not appear to have a detrimental effect on the 20 property and the unique topography of that particular area would 21 seem to indicate there would be no adverse effect .on the neighbors ' 22 properties and that no precedent for a' similar variance in another 23 area would be set. 24 25 3. No opposition to the variance had been indicated by adjacent or 26 abutting property owners. 28 Motion carried unanimously. 29 30 At 8 : 27 P.M. ' the Chair Pro Tem opened the public hearing to consider 31 the request from the new owners of the Anthony Court Townhomes that 32 they be permitted to retain the two identification signs which have 33 been erected on their property across Silver Lake Road from Apache 34 Plaza, for which only one sign is permitted by ordinance. He read 35 the Notice of the Hearing- which= had gone :out to all property owners 36 within 200 feet of the subject property and had been published 37 February 9th in the Bulletin. No one present indicated failure to 38 receive the notice or objected to its content. 39 40 Mr. Childs reported the two signs, which had been erected without 41 Permit by the developer of the townhomes , Sid Johnson, just before 42 he sold 'that property, did not meet the requirement of the Planned 43 Unit Development that only one sign was permitted for the area governed 44 by that PUD. Fie confirmed that the townhomes were still under the PUD 45 even though they had been rezoned for multiple dwelling use and said 46 there was also the matter of the signage for Craig Morris ' hair 47 styling shop which was on a temporary basis permitted under the 48 same PUD to be considered. The Manager had indicated in his February 49 13th memorandum that the townhome signs would probably not meet any 50 Of the criteria for a variance and he had included in the agenda 5.1 . Packet excerpts of the Commission and Council minutes he believed • 52 were applicable to' the Morris sign. 53 54 Mr. Bjorklund indicated he believed there were more minutes which 55 referred -to -the discussions of the Morris signage, which, in. every -6- 1 case, referred to that signage as only "temporary" . Commissioner • 2 Jones indicated he saw the need for proper identification of the. 3 townhomes -now that they were completely built and said the City had 4 constant problems with 'Mr. Morris' -sign since it was installed. 5 6 Chester Krumm-, 4005 Silver Lake Road, indicated he was present on 7 behalf of the St. Anthony Court Homeowners Association and that the. 8 Association believed they needed the two 22 inch by 5 foot long 9 signs on both sides of the main entrance to the townhomes because 10 there are no street signs on Silver Lake Road between 39th Avenue 11 N.E. and Silver Lane and visitors keep getting their roadway confused 12 with the road around Midwest Federal and Apache. Mr. Krumm told 13 Commissioner Bjorklund that the Association members had not been 14 told by Mr. Johnson there were any special sign restrictions on their 15 property. 16 17 Craig Morris of Craig & Co. Hair Designers, whose shop is just south 18 of the townhouses , recalled the difficulties he had getting the 19 signage under the PUD and conceded that "from the very first, the 20 sign had always been considered 'temporary ' , except at the very end 21 when my fencing went in, I was granted a variance for the sign in 22 front of my shop and for the front of the building" . Mr. Morris said 23 when this came for final approval to the Council , "Bob Sundland kept 24 mentioning ' temporary, temporary ' . How can he do business on a 25 temporary basis? He knew at the time I was going in there , the rest 26 of the PUD was planned, and the Council knew the townhomes were coming 27 in and ---- they could request a variance on their own" . • 28 29 Mr. Morris indicated that he had just left a meeting with his attorney 30 where they were trying to -locate the minutes which supported the re 31 collection that "it had been Bob Sundland' s recommendation that the 32 sign be made permanent, since the townhomes would need their own vari- 33 ance for signage" . The hair design shop owner's recollection of the 34 date of that meeting conflicted with the dates of the meetings Mr. 35 Childs had included in the agenda packet and he was requested to get 36 back to the !Manager with the correct date. 37 The hearing was closed at 8 : 45 P .M. 38 39 Motion by Commissioner Franzese and seconded by Commissioner .Wagner 40 to table action on the St. Anthony Court sign variance request to 41 give staff time to research further for Commission and Council 42 minutes which made reference to the PUD signage requirements as they 43 related to Craig Morris ' sign and future signage for the townhomes . 44 45 Before the vote was taken, Commissioner Bjorklund observed that the 46 two *signs on the front of the townhomes, ' "which are just double pylon 47 signs on legs" would never meet the standards established "over years 48 and years of hard labor" to assure quality signage for the City and 49 he made an amendment to the .motion to table , which would request staff 50 to meet with the homeowners association representatives to make them 51 aware. of the standards which would be expected for any identification 52 of their property. He added that a recent poll of residents found • 53 most of them:are looking for "quality" in St. Anthony. 54 55 -7- • 1 The motion to amend was seconded by Commissioner Jones and passed 2 unanimously . 3 4 The amended motion to table carried unanimously. 5 6 Mr. Krumm was advised that the signs were illegal, but- could remain 7 until the Commission had made a final determination which would have 8 to be acted upon by the Council. 9 10 At 8 : 55 P.M. , the public hearing was opened to consider a petition from 11 William Flaherty for a variance which would allow construction of a 12 22 X 22 foot attached garage on the west side of his home at 3208 13 Rankin Road, which would come within seven feet of the west property 14 line . 15 16 The Chair Pro Tem read the-.notice which had gone out to all property 17 owners within 200 feet of the subject property and had been published 18 February 9th in the Bulletin. No one reported failure to receive the 19 notice or objected to its content. Mr. Childs reported receiving no 20 ,calls related to the request. 21 22 In his February 13th memorandum to the Commission, the Manager had 23 indicated that the west property line has been considered the rear 24 yard and therefore a setback of 25 feet is required. Other cities he 25 has worked for had a different interpretation for setbacks, on corner 26 lots which would make this variance unnecessary, Mr. Childs said, and 27 he—reiterated the wording of that policy statement , which-he' -recom- 28 mended for St. Anthony as follows : "On a corner_:_l.ot,,__the narrow side 29 shall be defined as the front yard and said front --yard, for Zoning 30 Ordinance interpretation purposes , should not be based on the place- -31 men-t -of the front door of the -house or street address" . 32 33 Commissioner Bowerman said he couldn ' t recall that concept ever coming 34 up before and indicated he would rather continue to consider the front 35 door and number of the house as designating the front of -the house 36 so as to avoid creating a whole new set of problems . Commissioner 37 Jones agreed, saying since St. Anthony is almost completely built up , 38- it would be easier to keep the variance process for requests like 39 this one. Commissioner Bjorklund questioned how the fencing ordinance 40 would relate to the new policy . 41 42 Mr. Flaherty; his contractor, Tim Jawor, 781 - 123rd Avenue N.W. ; and 43 Jim Koski , 3308 Hilldale, Mr. Flaherty 's closest neighbor on the west , 44 were present to discuss. the variance request. The applicant had 45 written a letter which was attached to the petition application stat- 46ing the need for more space for family gatherings had prompted him 47 to propose to convert what is now' garage and laundry space to a family 48 room and move the garage over on the Hilldale side where it could be 4"9 made to look-like the front of the house , with brick and aluminum 50 siding. Mr. Jawor indicated the existing garage doors would be -51. replaced with .gridded windows :arid would continue . the colonial type of • 52 architecture for the rest of the house . --- ----.. 53 54 Mr. Koski termed the Flaherty proposal as "a great idea which would 55 give Mr. Flaherty the living space he needed" . He indicated his house -8- 1 and garage are at least four feet higher than the Flaherty home and 2 even though the new garage is 11 feet high at the roof crest, it would* 3 still be lower than -his own which would -be next to it on Hilldale side 4 and there would be at least 15 feet between the two. 5 6 Commissioner Jones wanted any motion to state that it was only for the 7 garage the variance was granted so the Commission would have the 8 opportunity to at least look at any further expansion of the family 9 room. 10 11 The hearing closed at 9 : 08 P.M. 12 13 Commissioner Bjorklund commented that when he first read the proposal 14 he had thought it would result, "in an awful lot of house filling up 15 that corner but, after visiting the site , he became aware of the 16 number of very large homes in that neighborhood, which is of quite 17 a unique spot in the City. 18 19 Motion by Commissioner Jones and seconded by Commissioner Bowerman to 20 recommend the Council grant a variance to William Flaherty to construct 21 the garage he proposes on his Hilldale frontage within seven feet of 22 the adjacent property line , finding that: 23 24 1 . The Flaherty house would have been built facing Hilldale if that 25 street had been in when the residence was constructed. 26 27 2'. The variance is- not based exclusively upon the desire of the pro- 28 perty owner to increase the value or income potential of the parce 29 of land because it would probably cost him more than the property 30 would appreciate . 31 32 3 . There is a hardship created for Mr. Flaherty because he is on a 33 corner lot and therefore front yard setbacks or a rear yard set- 34 back are required on three sides of the lot. 35 36 4 . There was no opposition demonstrated against this proposal and the 37 abutting neighbor to the west indicated he favored the granting 38 of the variance . 39 40 Motion carried unanimously . 41 42 The meeting was recessed at 9 : 16 P.M. and when it was reconvened at . 43 9 : 27 P.M. , the public hearing was opened to consider the request for 44 the subdivision without platting by Irving Walbon of the property 45 located at the southwest corner of- 33rd -Avenue N.E. and Old Highway 8 46 which would result in two single family residential lots from 'a single 47 vacant , unplatted parcel containing about 20 , 000 square feet. 48 49 Chair Pro Tem Zawislak read the notice of the hearing which had gone 50 out to* all 'adjacent: property owners within 350 feet of the subject 51 property and had been published February 9th in -the Bulletin. No one 52 reported failure to receive the notice or- objected to its content. • 53 54 Mr. Childs had advised in his February 13th memorandum that the lot 55 split would result in a single family interior lot of 9 , 600 square -9- • 1 feet and a corner lot of 11 , 000 + square feet for which no variances 2 would be needed, unless Violet Dorumsgaard, the property owner to the 3 west, can come to some agreement with the Walbons to straighten out 4 the lot line on the east side of her property . In which case, a 5 variance would be required because the resultant lot would not be 6 wide enough at the setback line. The Manager said the survey had 7 been completed with the tentative lot split. 8 9 Robert E. Halva, 3948 Central Avenue N.E. , representing Mr. Walbon, 10 indicated his client would have no problem with Mrs . Dorumsgaard 11 acquiring the triangular parcel of the property which is.. .in front of 12 her picture window, but he perceived negotiations between the two had 13 been unsuccessful to date because Mrs . Dorumsgaard had failed to i4 realize the costs involved in splitting Torrance property, including 15 attorney fees and having a registered land survey done would be 16 incurred if the- property is split into three parcels . He indicated 17 he had advised his client that a reasonable renumeration- for the 18 469 . 29 square foot triangular piece would be $2 ,000 and she had 19 offered one dollar instead. He later inferred the $2 ,000 was not 20 the final price which his client would accept. 21 22 Commissioner Zawislak wanted something done now about the variance 23 which would be necessary should the negotiations become- successful 2'4 and said, if the 'lot becomes undersize with Mrs . Dorumsgaard' s 25 acquisition of the triangular piece, the resultant lot would be 26 undersized for future single family- development. • 27 28 Mrs . Dorumsgaard was present and indicated her opposition to sub- 29 dividing without platting unless she could come to some agreement 30 with the owner. She believes the City of St. Anthony should -never 31 have issued a building permit for a lot like hers at 3612 - 33rd 32 Avenue N.E. , which she termed "ridiculous" and she now perceives . the 33 City is intending to create another just as ridiculous . - She told the 34 Commissioners that before she bought the property a friend at the 35 Hennepin County courthouse had assured her that the subject property 36 would never be used for anything except a park. Commissioner Bower- 37 man recalled the City had turned down an offer from the County to 38 donate the land to St. Anthony for that purpose. Mr. Childs said 39 it had since been determined. that the property belonged to the Walbons 40 who have had to pay back taxes of about 10 years. 41 42 Commissioner Jones asked Mrs . Dorumsgaard if she would be willing to 43 pay $1..89 a square foot for the parcel and she replied she would not, 44 since it was at the bottom of a hill , and in front of a trucking 45 business which made it of no use to anyone except herself. She said 46 -she" had offered to trade two feet of easterly boundary to Mr. Walbon 4.7 but Mr.- Halva had said the cost of that transaction would also be 48 very expensive because of surveying costs and attorney fees . Mr. Halva 49 indicated -the subdivision should be approved without giving any land 50 to 'Mrs . Dorumsgaard or taking any away from her, saying his client 51 had been really amenable resolving their differences but $1 or • 52 $2 -a square foot wouldn't even pay the costs of transferring the land. 53 54 Commissioner Zawislak wondered if sometime in the future the owner 55 might need• -that ' additional two feet -to sell the land and, if at -10- 1 that time , Mrs . Dorumsgaard might not remind him that he had refused 2 her offer. The Commissioner reiterated his position that the variance , 3 should be dealt with -along--with the subdivision. 4 5 Robert E. Williams, 3124 Croft Drive, whose property abuts the Walbon 6 property on the rear stated that he wanted to go on record as opposing 7 the subdivision because it appeared to him that the two lots would 8 be very small as compared to other homes in that neighborhood and he 9 was very concerned about what the owner intended to do with the rest 10 of his property. He wanted a comprehensive plan for the entire 11 Walbon property which "would get it down to nothing but single family 12 lots" and wanted to know "Why is he piecemealing it bit by bit?" . 13 14 Mr. Halva responded that Mr. Walbon "just wanted to give the property 15 to his kids" . Commissioner Jones told Mr. Williams it's not the 16 responsibility of the Commission to plan the use for private property , 17 which Mr. Williams indicated he understood. 18 19 When firs. Dorumsgaard told of years of having to maintain the tri- 20 angular parcel in front of her home , Mr. Childs told her the City can 21 force the owner to maintain his property or the City would do it for 22 him, at rates he wouldn' t like. Mr. Childs also told the two opponents 23 of the proposal that this split would have no bearing on the City ' s 24 pursuit of the legality of the non-conforming use of the other Walbon 25 parcel. 26 27 Commissioner Jones told Mrs . Dorumsgaard he perceived she would be • 28 foolish to try to purchase the triangular piece of land since she 29 would have to pay :the taxes on it and could be assessed for any road 30 improvements on the adjoining street. 31 32 Ron Dorumsgaard, whose address was also 3612 - 33rd Avenue N.E. , 33 thanked the Commissioners for their help and indicated he realized 34 the Commission is not responsible for resolving the differences 35 related to the triangular parcel. 36 37 The hearing was closed at 10 :05 P.M. for Commission consideration. 38 39 Although he perceives it to be the City ' s responsibility -to organize 40 the way in which City lots are laid out, Commissioner Bjorklund said 41 he realizes the private parties in this case would have to resolve 42 their differences before a variance can be granted. However, he 43 indicated he would be happy to approve a variance for an undersize 44 lot if the matter can be resolved. 45 46 Commissioner Jones 'noted the large road easement along, old Highway 8 47 and wondered since that roadway would probably never be widened, if 48 the center line in the parcel couldn' t be moved' so the non-conforming 49 lot would not be the interior lot which is required to be 75 feet 50 Wide. Mr'. --Childs .gave the reasons it might be .more difficult to 51. Position- a- house on the corner than on the smaller lot. 52 53 Commissioner. Zawislak disagreed that creating-a non-conforming lot was • 54 not the Commission' s concern since he foresees -there could be a problem 55 with granting a. variance later on. Commissioner Bowerman reminded -11- • 1 him that the Commission only had a request to split the lot before 2 them and he did not see the Commission would have a problem granting 3 the variance later, if necessary. 4 5 Motion by Commissioner Bowerman and seconded by Commissioner Bjorklund 6 to recommend that the Council grant the request from .Irving Walbon for 7 subdivision without platting of the undeveloped parcel of land located 8 at the southwest corner of 33rd Ave. N.E. and Old Hwy. 8, which would 9 result in two single family residential lots from a single vacant, 10 unplatted parcel (.property I .D. #06-029-23 41 00.01) containing ap- 11 proximately 20 , 500 square feet, regardless of whether the property is 12 -sold or not, as per exhibit attached to the February 13, 1984 i 13 application for subdivision and the legal description on the back. 14 15 Voting on the motion: 16 17 Aye : Bowerman, Bjorklund, Jones , Franzese , Wagner and Hansen. 18 19 Nay : Zawislak. 20 21 Motion carried. 22 23 Mr. Halva suggested the procedure - for.- platting would be completely 24 different if 'negotiations with 'Mrs . Dorumsgaard were successful and 25 requested the motion address this alternative. He was told the Council 26 could do this when they consider the motion February 28th. • 27 28 At 10 : 15 P.M. , the public hearing was opened to consider the request 29 from Mary and Craig Belisle for a conditional use permit to operate 30 a video tape and movie sales and rental store at 2501 Kenzie Terrace N.E. 31 32 The Chair Pro Tem read the notice which had gone out to all St. Anthony 33 Property owners within 350 feet of the subject property and had been 34 published February 16th in the Bulletin. No one reported failure to 35 receive the notice or objected to its content and Mr. Childs indicated 36 he had received no calls on the request at all . 37 38 In his February 13th memorandum related to the request, the Manager 39 had reminded the Commissioners that this request was similar to the 40 99� Video store which had been approved for the St. Anthony Shopping 41 Center and he had included the pertinent minutes of both Commission 42 and Council meetings where that decision had been made. 43 44 Craig and Mary Belisle , 1993 Ames Avenue , St. Paul, were present and 45 ' Mr. Belisle reiterated the statement- in their letter of _,application 46 that- their standards in merchandising would be of the highest as 47 supported by the fact that 3M had chosen the Video Update franchise 48 to test a new leisure tape , considering them to be the best quality 49 franchise in town'. IIe said they have no connection with any video 50 arcade and anticipate no problem with complying with any City 51­ordinances. When Comm issioner Bowerman told him- he .had noted the video 52 store in the St. Anthony center had a lot of traffic, Mr. Belisle 53 said he and his partne'r :were going to broaden the; hours of operation 54 and install a drop box' to cut down the congestion of people returning 55 tapes . He indicated the :business would be utilizing, 1200 .square feet 56 of the small shopping center which is across from the Kentucky Fried 57 Chicken store . • -12- 1 John Bedard, 3090 Rice Street , owner of the Video Update franchise , . 2 said his operation has a system set up by which customers can get in 3 and out within eight or ten minutes . He said he also owns other stores 4 which range in size from 800 to 4 ,000 square feet and they all have 5 less parking space .than this store. He also pointed out that the 6 Kentucky Fried Chicken caters to customers who move in and out fast 7 and don' t park for any length of time at all . 8 9 Jim Shelton, 2908 West 100th Street, identified himself as the land 10 lord of that store , which was formerly a Penny Pincher Discount 11 store, and he said parking had never been a problem in that center. 12 13 Hobie Swan , who owns the Lowry Motor Court across Kenzie Terrace , 14 indicated he was. not opposing -the store but thought the City should 15 address a long standing problem with traffic coming out of the center. 16 onto Kenzie Terrace since there have been three accidents and many 17 near misses because drivers use the wrong side of the entrance island 18 and make an illegal left hand turn west on Kenzie jeopardizing motor 19 court residents in many instances. He suggested Kenzie Terrace be 20 designated as only an entrance and Lowry Avenue as the exit to avoid 21 the potential for more accidents . Mr. Swan indicated he was cer- 22 tain there would be ample parking on the east end of the building. 23 Mr. Childs indicated the City would post the driveway in such a 24 manner as to prevent further illegal left turns . 25 26 The hearing was closed at 10 : 35 P.M. 27 28 Motion by Commissioner Bjorklund and seconded by Commissioner Franzese 29 to recommend the City Council grant the request from Mary J. and Craig 30 r1. Belisle for a conditional use permit to operate a Video Update 31 movie and VCR rental and sales operation at 2510 Kenzie Terrace N.E. 32 under the conditions that: 33 34 1. There would be no viewing of tapes in the store , except for bona 35 fide demonstrations of tapes and no viewing -would -be visible 36 from outside the store. 37 38 2 . The proprietors must comply with all state laws relating to 39 obscenity and to any ordinance of the City of St. Anthony there- 40 after relating to obscenity. 41 42 3. Conviction of the owner or any of the employees of the owner for 43 - violation of obscenity laws in the operation of the store would 44 be grounds for revocation of this permit by the City Council. 45 46 - 4. . ' That there be a drop box installed in front of the store to avoid 47 traffic congestion. 48 49 S. The traffic flow information signage be installed at the direction 50 of the City Manager. 51' 52 'In. recommending this permit be 'granted, the .Planning Commission finds • 53 'that: 54 55 .A. -The .'proposed, '.use is one 'of the conditional uses specifically per- 56 mitted in the district in which it is located. -13- • 1 B. The proposed conditional use would not be detrimental to the 2 health, safety, or general welfare of persons residing or working 3 in the vicinity or injurious to property values or improvements 4 in the vicinity . 5 6 C. . The proposed conditional use is possibly necessary or possibly 7 desirable at the specified location to provide a service or a 8 facility which is in the interest of public convenience and may 9 contribute to the general welfare of the .neighborhood or 10 community. 11 12 D. There was no opposition to the permit demonstrated during the 13 hearing before the Planning Commission. 14 15 Before a vote was taken , Commissioner Bowerman indicated he would not 16 want to lock the owners into installing and keeping a drop box because 17 he foresees the potential for problems with vandalism, etc. Com- 18 missioner Bjorklund disagreed, saying he believed the use of a drop 19 box would help to expedite traffic through the center. 20 21 Motion by Commissioner Bowerman and seconded by Commissioner Zawislak 22 to amend the motion to eliminate Condition #4 because the makers of 23 the motion.-do not want to force the store owners to keep the drop box 24 if it produces problems for -them. 25 26 Voting on the amendment: • 27 28 Aye : Bowerman, Zawislak , Wagner, Franzese and Hansen. . 29 30 Nay : Bjorklund and Jones . 31 32 iAmendment carried. 33 34 Voting on the amended motion carried unanimously . 35 ;. . 36 The final platting of the Midland Park Subdivision showing the NSP 37 easement had been completed and staff had recommended the Commission 38 give a favorable recommendation to the Council. 39 40 Motion by Commissioner Bjorklund and seconded by Commissioner 41 Bowerman to recommend Council approval of the final platting of Lots 42 3 and 4 , Block 2 , St. Anthony Office Park Addition (also identified 43 as 281.7 Anthony Lane South) as the Midland Park Addition, which would 44 combine the two lots and officially transfer a 60 foot Y 212 . 46 45 foot tract of land to the westerly abutting property . 46 47 Motion carried unanimously. 48 49 Mr. Childs told Commissioner Bowerman- it had been an occupancy .permit 50 -which . had .alerted the staff to the fact that the video store was 51 going; in. • 52 53 Mr. Bjorklund discussed the study he- had participated in which had 54 polled -the City, residents on what they . liked best -about the City. 55 -14- 1 Motion by Commissioner Bjorklund and seconded by Commissioner .Franzese• 2 to nominate Bill Zawislak as Planning Commission Chair for 1984 . 3 4 Motion carried unanimously. 5 6 Motion by Commissioner Zawislak and seconded by Commissioner Bjorklund 7 to nominate Rose Mary Franzese as Chair Pro Tem for 1984 . 8 9 Motion carried unanimously. 10 11 The Planning Commission's March meeting was rescheduled to Monday, 12 March 19th, because of caucuses on March 20th. 13 14 Motion by Commissioner Jones and seconded by Commissioner Bowerman to 15 adjourn -the meeting at 11:00 P.M. 16 17 Motion carried unanimously . 18 19 20 Respectfully submitted, 21 22 Helen Crowe, Secretary 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 51 52 • 53 54 55 CITY OF ST. ANTHONY .................RE(gUEST-FOR-PLANNING COMMISSION ACTION Date Submitted Type 'of Action Requested Agen A- I-tem N er Concept Review ihlir March 16,, 1984 �_ Formal Action/Motion Pi TitleHPar �g�-a_ Date Action Informational Requested Other Community Development March 19, 1984 Block Grant - Year X ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs , City Manager ' SUMMARY DISCUSSION OF SUBJECT: Our allocation of CDBG funding for Year X has been further reduced to M,619. Guidelines allow up to 15% or $5,219 to be used for social services programs and the St. Anthony Community Service Department has requested funding for their senior programs again. This would make the proposed budget as follows: $29,600 Housing Rehabilitation (demand remains good) $ 5,219 Senior Programs $34,819 TOTAL ALTERNATIVES : Approve, modify, deny. RECOMMENDATION: Approval as recommended. ATTACHMENTS : Plan Application Form Mailing List Letters of Support/Objection Notice. of Hearing CIft MANAGER'S REVIEW: COMMENTS : • • NOTICE OF PUBLIC HEARING CITY OF ST. ANTH014Y Notice is hereby given that Hennepin County and the City of St. Anthony pursuant , to Title . I of the Housing and Community Development Act of 1974, as amended, are sponsoring a public hearing before the Planning Commission on Monday, March 19 , 1984, at 7:35 P.M. , and before the City Council, Tuesday, March 27, 1984, at 8:00 P.M. , in the City Council Chambers, 3301 Silver Lake Road to obtain the views of citizens on local and urban county housing and community development needs and to provide citizens with the opportunity to comment on the Urban Hennepin County Statement of Objectives/1984 and the City of St. Anthony's proposed use of its Year X Urban Hennepin County Community Development Block Grant planning allocation of $36,962. The City of St. Anthony is proposing to fund the following • activities with Year X Urban Hennepin County CDBG funds starting July 1, 1984. Rehabilitation of Single Family Homes $32 ,500 Public Services-Senior Citizens Programs 3,696 Administration 766 $36,962 For additional information on proposed activities, level of funding and program objectives , contact the City of St. Anthony, 3301 Silver Lake Road, St. Anthony, MN 55418, 789-8881. The public hearing is being held in accord with the Urban Hennepin County Joint Cooperation Agreement pursuant to M.S. , 471. 59. David M. Childs City Manager • Publish: March 8,' 1984 CITY OF ST. ANTHONY ------- --------BfQ2f§I_FOR-PLANNING-COPiMISSION-ACTION------------------ Date Submitted Type of Action Requested --Agenda -I-tem "Number Concept Review March 16 , 1984 x Formal Action/Motion Old Business-A Dat Title e Action Informational . I Requested Other St. Anthony Court Sign Ma'rch 19, 1984 - --------------------------------------------------------------------------- TO: St.. Anthony Planning. Commission- FROM: David M. Childs, City Manager 7------------------------------------ --------- --------------- SUMMARY DISCUSSION OF SUBJECT: Attached are the minutes of. Counci I/Planning Uommission -meetimgs which you requested at which references were made to the Craig Morris signage. Note that Jake Cadwallader will soon be installing a new sign on his property forwhich a variance was given a few years ago (it is in a crate on his south property Hne at the present) . ALTERNATIVES : 1 . Approve sign variance as requested for St. Anthony Court , leaving the Morris sign as is. 2. Approve sign variance as requested for' St. Anthony Court, requiring removal of Morris sign. 3. Require modifica.ti.on of St. Anthony Court sign ,to a single, more acceptable ground sign, leavinT the Morris sign as is. 4. -.Require modi-fi'cati.on-of St. Anthony Court sign to a si-ng.le , more accep-tabie, ground sign , requir,ing removal of Morris sign. 5. Leave Morris sign as- is, and require removal of St. Anthony Court signs . 6. Require modification of both signs . 7. Other alternatives choosen by the Commission. SEE PAGE 2 FOR­-RECOMMENDATION ATTACIDIENTS : Plan Application Form Mailing List Letters of Support/objection Notice of Rearing CIW �IANAGERIS REVIEW: COk.MNTS : F, Page 2 .. ..- -------__ .. • RECOMMENDATION Stuff recommends allowing both uses to have a sign with design requirements as recommended by the Commission. I am more inclined to changes in the townhouse' signs due to their inadequate construction, not in keeping with community standards than I am to changes in- the Morris sign. rJ rJ l -S- Mrs. Makowske reminded him the amendment does not specifically define the number of bedrooms allowed in such facilities -and thought the size of the units should probably be stipulated. , She then offered an amendment to Mr. Bowerman' s motion which would put a period after the words "caretaker 's spouse" eliminating the reference to children. Her motion for the amendment was seconded by Mr. Jones. _ Mr. Bowerman said he could not vote for this amendment because, although he shares the concern for the health and welfare of children, he does not believe such concern can be legislated through an ordin- ance or an. attempt should be made to legislate the living conditions which exist on a piece of property. He did not want the potential for a job of a caretaker to prohibit anyone with children living at home. Voting on the amendment: Aye: Makowske, Jones and Bjorklund. . Nay: Sopcinski, Bowerman and -Enrooth. Amendment not carried. Voting on the motion: Aye: Bowerman, Enrooth, Sopcinski and Bjorklund:- Nay: Makowske and Jones. Motion carried. Because of the - strength of the opposition to the motion, Mr. Bowerman suggested the following directions be given. Motion by Mr. Bowerman and seconded byMr. Bjorklund to request the portion of the minutes pertaining to the opposition to the children being permitted to live in a mini-warehouse facility be read aloud to Council when the Commission representative is making his report on this subject. Motion carried unanimously. Mr. Peterson arrived at 8:50 P.M. just prior to the explanation -by Mr. Berg for the delay in the sign ordinance being presented for Commission consideration. The meeting was recessed from 8:50 P.M. to 9 :00 P.M. when the Commission considered the request for a concept review of a barber shop proposed for the Hedlund property at 3909 Silver Lake Road. Craig S'. Morris, Route #2 , Stacy, Minnesota, said he would like to remodel. the existing residence on the southernmost lot of the property governed by the Hedlund PUD for a barber-beauty shop and showed the AM, -6- Commission members a site drawing of the proposal including 9 parking stalls . He already has an established business in the St. Anthony area with 300 customers and most of his employees coming from the community. Though he will lease the property from Mr. Hedlund, he has an option to buy and "would certainly not leave his present location if I wasn't certain of staying" . The Health Depart- ment had already inspected the building and said there is sufficient water and sewer service to support a beauty salon but had told him of other improvements he must make including sheetrocking the walls, installation of an energy efficient water heater as well as sterili- zation and sanitation of the building. Mr. Morris intends to change the exterior facade of the building to either stucco or rough cedar and will comply with any requirements for landscaping, desiring "to make the property more attractive for both his customers and the community". He plans to remove the existing garage on the property which is 'hn eyesore" which should leave more room for parking. Mr. Berg told the Commission there were several points regarding the P.U.D. which must be clarified for this proposal. He mentioned he had been unable to get a firm response from Mr. Ames as to whether. he plans to proceed with his townhouse project to the north of the existing residence which leaves open the possibility that the property might revert to a commercial usage . The question of whether the requirement for the Letter of Credit applies in part or wholly to the development of this site had received differing intrepreta- tions from staff and it is not clear whether the parking requirements for the commercial component of the P.U.D. apply equally to the lot in question. The Commission members estimated at least 12 parking spaces should be required to serve both the potential customers and the employees of the shop. Kenneth Lee was present and said he proposes to build a house directly east of the Hedlund site and he and Mr. Morris have reached an agreement concerning the screening between the properties. Mr. Morris indicated he was also willing to comply with other City requirements regarding the parking, landscaping and signage for the building as well as lighting of the property at night. He showed a rough drawing of the sign he would like to erect. The question of whether this sign might constitute a major portion of the signage_ permitted the entire commercial component of the P.U.D. was another point requiring clarification. - The Chairman assured Mr. Morris that he "wants him to stay in the City" and suggested when he returns with a formal application, he should include the stipulation that the garage will be removed as well as the addressing of the lighting he ,p.roposes as well as the parking he. will provide, with 12 stalls suggested. For his presentation he advised him to have the site plans for the proposal indicating the landscaping specifics as well as those for signage. He told him. the signage at the Goodyear Tire -company across Silver Lace Road is . an example of the type of- signage which has been acce table..to the City in the pas . Mr. Morris thanked the Commission for the helpful suggestions they .,had given him and said he intends,.to improve the property: so it will be a credit to the community. • CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES October 21, 1980 The meeting was called to .order by Chairman Bjorklund at 7 :30 P.M. Present for roll call: Peterson, Jones, Bowerman, Bjorklund, Sopcinski, Enrooth and Makowske. Also present: Ron Berg, Administrative Assistant (Jim Fornell, -City Manager:, was present intermittently part of the evening) . Motion. by Chairman Bjorklund and seconded by ,Mr.- Sopcinski to amend the September 16th Planning Commission meeting minutes to add :the following as the third paragraph of Page 6 : "Individual Planning Commission members commented upon their initial concepts of the proposal. " Motion carried unanimously. Motion by Mr. Sopcinski and seconded by Mrs. Makowske to approve as amended the-minutes-..for the -Planning Commission meeting held September 16 , 1980. Motion carried unanimously. Mr. , Peterson will represent the Commission at the next Council meeting October 28th. At 7 : 38 P.M. Chairman Bjorklund opened the public hearing for con- sideration of a Detailed Plan for the property at 3909 Silver Lake Road as part of the Development Concept Plan for the Hedlund PUD. He read the notice of the hearing which had gone out to all property owners within 350 feet of the property - (PUD) being considered.. No one present reported failure to receive such a notice nor objected to its contents. Mr. Berg outlined briefly the history of the PUD and told the 40 or more persons present the purpose of the hearing was to consider whether or- not the existing structure at 3909 Silver Lake Road could be remodeled by Craig Morris of Stacy, Minnesota for -a barber-beauty shop under the Planned Unit Development plan which has been adopted -for the Hudlund property along Silver Lake Road. He said the barber- beauty shop is permitted as a "B" Service Office use under the PUD but agreed with the City Attorney's letter of October 14th that it is up to the- discretion of the -Planning Commission whether or not they wish to recommend the Council consider this proposal singly, : as',part ,of- the staging of the PUD or only as part of the entire remaining PUD. He reported the- developer who had proposed a townhouse -2- development for the northern portion had indicated he was no longer interested in such a development and the City had, to date , received no firm commitment from another developer for developing those lots under their R-3 , multiple dwelling zoning. No one present -at the meeting rose to submit a- schedule for developing the land following Mr. Bjorklund's invitation to do so. Chairman Bjorklund said he would "hate to see a recommendation -not contingent upon development of the rest of the site" .. Mr. Jones disagreed, saying the PUD provides for staging and the proposal should be looked at on its own merits. He saw the Morris proposal as providing an excellent buffer between residential and commercial , the requirement for "B" before "C" use, a good blending with the Cadwalder office and adequate parking. He believed the Commission had to be realistic regarding economic conditions, with 20% interest rates, and wasn't surprised Mr. Hedlund did not have a specific developer for the rest of his property. Mr. Sopcinski questioned whether this developed lot had ever been included in previous proposals and said even the plans for the three commercial buildings left this building to be remodeled. Mr. Berg reported that this site had at one time been proposed as a community build- ing for the Ames townhouse project, but was subsequently eliminated. Mr. Sopcinski believed the Commission had an obligation to uphold the PUD or "provide a betterment of it" and said the Council, at their last meeting, had indicated opposition to "piecemealing the site" . Mr. Enrooth speculated the City Attorney had essentially said "the • City could go either way on the decision" . The Chairman believed the Council was seeking the Commission's own input and "doesn 't - direct Commission's actions" . Craig Morris, "the prospective tenant-owner of the property" estimated he will put $50,000 , in addition to the $75,, 000 purchase price, towards upgrading the site with the neighbors property in mind in regard to buffering, landscaping, etc. which "will make it an asset instead of an eyesore for the community" . 'He read a letter of endorsement from State Representative Steve Novak and said his employees were out with a petition seeking names of' City residents who approve of his proposal. They had 217 such names at 6 :00 P.M. and he was confident they would have 500 before they were through and which they planned to present at the Council meeting next week. Mr. Morris also gave Mr. Berg a copy of an agreement with. Mr. Hedlund providing for his temporary use of the signage allocation until it is.. necessary to identify, whatever goes in north of him. Councilman Marks arrived at 8: 10 P.M. but remained only as an observer. The petitioner's father-,-Frank- Morris, 3350 92nd Curve. N.E. , read the petition for which signatures were being sought and he and - another son, Vernon Morris also of Cambridge,. Minnesota., spoke • several times in defense .-of. the proposal, emphasizing.- that the _, barber shop would be "an attractive alternative to what has been .an -3- 1 • eyesore and location of many fires and drug busts. in the past" . They reiterated that "You could wait forever for the PUD" . Join- ing them in their expressions of approval were Bruce Kattelstad, 2604 31st Avenue N.E. ,. a self-employed carpenter-contractor who insisted the structure could be easily remodeled to meet all state ' barber shop codes and James Trait, a 25 year resident who lives on Highway 88 who said there is a residence on County Road D which has been made over for a barber . shop. They were both customers of Mr. Morris in his New Brighton location. Also speaking for the proposal were Mary Ann Burmis, 4044 6th Avenue N.E. , Columbia Heights and T. F. and April Peterson 3244 89th Drive, Blaine, who felt the City should "do something with the property to add to the tax revenues" . Kenneth Lee who plans to build a home for himself on...the abutting property to the east- of the subject dwelling, related the troubled history of the Hedlund property and the surrounding area including . the Twin City Federal location. He was in favor of the proposed project which he saw as "providing a residential profile for the undeveloped lots" .as well as producing no annoyance for the neighbors in the forms of heavy traffic or parking, noise, odors, etc. He said he would "rather live next to this well landscaped project than to have the property revert to miscellaneous tenancies with serious fires and drugs on the premises" . When questioned about whether Mr. Morris should attest in •.writing to his improvement plans, he said he hoped--Mr-.—Morris '!would...fulfill his promises but didn't think he should be legally held to them" . Marland Johnson, 4008 Penrod Lane, who is one of the new residents on that street, said he is "in favor of the project from what he sees of it, believing the concept conforms to the PUD requirements" . He later got, from. Mr. Morris , a. commitment that he would be willing to put into writing all the improvements he had promised. Speaking in opposition to the proposal was Delano J. Martinson, 1830. 29th Avenue N.W. , New Brighton, an Apache Stylist barber, who -believed the house could not be remodeled for a barber shop due to its residential nature and lack of available parking. However, he could provide no statistics for his claim when questioned by Mr. Sopcinski. Ruth Thompson, 3015 39th Avenue N.E. and Ruth Nelson, 3916 Macalaster Drive, said their opposition- to the proposal was only because it was not part of a specific plan for the rest of the undeveloped property. They told of the years they have fought to keep this property from being developed for "a hodgepodge of businesses under strip zoning" including joining legal action against Mr. Lee who had said he at one time owned all the land around the subject property but has no monetary interest in any of • the Hedlund property any longer. They also told- of the many proposals- which, of ter hours and hours of meetings and City time spent .on them have never materialized. Mrs: Nelson said she thought the latest, the townhouse development, for -which- the land was rezoned "was far superior to the PUD itself" , and she insisted the City' s share 'of tax revenue from commercial is minimal. -4- The public hearing was closed at 9 :20 P.M. Mr. Bowerman said he believes "the Commission should look at the. property apart from the undeveloped lots and disagreed with the -. assumption that if the developed lot is- allowed, the rest will be "spot developed" . Mrs. Makowske said she had come that evening with strong feelings of opposition to the proposal but after the hearing was "leaning towards a recommendation of approval because she saw . the possiblity this might be the impetus for a development of -the rest of the site" . Mr. Peterson was for a recommendation of approval with a specific provision for fencing "to move the proposal along" . Mr. Jones believes the problem of the undeveloped lots would continue if this portion of the PUD isn't developed. He saw the proposal as providing the signage, parking, landsc_ap, and street access which con orm to the PUD requirements and believed the proposal would fit in well with the residential. . However, he wanted safe- guards built in to assure only a "B" use of the property in the future. The meeting was recessed from 9 :30 to 9:40 P.M. and when resumed, a motion recommending approval of the project was made and seconded by Mr. Sopcinski and Mrs. Makowske and amended as follows: Motion by Mr. Jones and seconded by Mrs. Makowske to amend the motion to specify $3,200 as the amount which will fulfill the requirements for this portion of the PUD for the unconditional irrevocable Letter ( of Credit required of the developer. Voting on the motion to amend: Aye: Jones , Makowske, Peterson, Bowerman, Bjorklund and Enrooth. Nay: Sopcinski. Motion to amend carried. Motion by Mr. Jones and seconded by Mr. Bowerman to amend the motion to include as a condition the submittal of a landscaping plan for staff approval. Voting on the motion: Aye: Jones, Bowerman, Makowske, Peterson and Bjorklund. Nay: Sopcinski and - Enrooth (believed covered in site plans) . Motion to amend carried. Before the voting on the amended motion, Mr. Bowerman- indicated his. -concern that "the Council understand the,Commission recognizes that. the Detailed Plan as proposed becomes a .part of the Concept Develop- • ' ment Plan for the entire PUD" . -5- Motion by Mr. Sopcinski and seconded by Mrs. Makowske to recommend Council approval of that portion of the Hedlund PUD known as 3909 Silver Lake Road, described as Lot 11, Block 1, Penrod Addition, to be developed as a barber-beauty shop in accordance with the site and elevation drawings (as recorded by the Chairman) with the following being accomplished: - (1) An agreement that Mr. Hedlund's remaining undeveloped property in the Hedlund PUD cannot be further divided, i.e. , all remain- fining property must be developed as a unit. This must be done in a legal and recorded document. (2) All signage, landscaping, parking, street entries, etc. requirements addressed in the PUD shall remain the criteria for the undeveloped land and this property (3909 Silver Lake Road) also in a legal and recorded document. (3) The structure on the property at 3909 Silver Lake Road may be altered, if required, to those standards for the PUD or greater. (4) Final landscaping must be submitted to the City for approval. The Commission' s recommendation is based upon the following findings: (a) the proposal conforms to the general PUD requirements regarding • landscaping, parking, signage, etc. , (b) the previous inability of the developer to proceed with a feasible plan for this site, and, (c) previous development plans submitted for the undeveloped portion of the Hedlund property have excluded the property at 3909 Silver Lake Road. The Commission further recommends that, since a $24,000 unconditional irrevocable Letter of Credit is required for the entire PUD before a building permit can be issued, and since this property represents 2/15 of the total PUD property, the granting of a building permit for 3909 Silver Lake Road shall require a $3,200 Letter of Credit. The amended motion carried unanimously. At 10 :12 P.M. the public hearing regarding the rezoning petition for the property at 2550 Kenzie Terrace was opened by Chairman Bjorklund who read the notice of the hearing which had gone out to all property owners. within 350 feet of the property petitioned to be rezoned. No one present reported failure to receive the notice or objected to its contents. The owner of the property, Max Saliterman, had requested the City to rezone the parcel 'from a single family classi- fication to a "C" which better reflects its usage for the last 20 years. Mr. Berg informed the Commission that: property has been used many,"years as a "C" use and as such has acquired a legal non- conforming- use status. He recommended this status be retained which ,• CITY OF ST. ANTHONY COUNCIL MINUTES October 28 , 1980 The meeting was called to order at 7 :32 P.M. by Mayor Haik. Present for roll call : Marks, Sundland, Haik, Ranallo and Letourneau. Also present: Jim, Fornell, City Manager, William Soth, City Attorney; and Carol Johnson, Clerk/Treasurer. The minutes for the October 14th Council meeting were corrected as follows: Page 3, para. 1: Candidates to serve on the Kenzie Terrace Study Committee will be nominated "In November" rather than "October 28" . Page 6 , para. 2 : Insert the word ".possibly" before 't'anuary 31st" . Motion by Councilman Sundland and seconded by Councilman Marks to approve as corrected the minutes for. the Council meeting held October 14 , 1980. -Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to:- approve as submitted the minutes for the special Council meeting held October 16 , 1980 for the purpose of- accepting the Valley Equip- ment bid for the roadgrader. Motion carried unanimously. Irving Peterson reported actions taken and recommendations made to the Council by the Planning Commission as reflected in the minutes for their meeting held October 21, 1980. He highlighted the. lengthy dis- cussion involved in the consideration of the Detailed Plan for the Hedlund PUD submitted by Craig Morris of Stacy, Minnesota for remodel- ing the existing structure at 3909 Silver Lake Road for a barber- beauty shop and directly quoted from those who either supported" or disapproved of the proposal. Mr. Morris and his. attorney, Mark Haggerty, 6414 University Avenue N.E. presented the reasons. they believed the shop would prove an asset to the community and perhaps an impetus for development of the Hedlund property to the north which is also governed under the PUD with an R-3, multiple dwelling residential district zoning. When Councilman Sundland asked whether Mr.' Morris was satisfied with the arrangement under the PUD .whereby the existing curb cut, was to" be the only one permitted to serve .:the entire Hedlund property along -Silver Lake Road, the attorney' replied that "as of now., the planned curb cut will remain the same but Mr. :Morris might need another, depending -on -how the other land is developed He then reported that the Dominium company has -2- proposed to construct a 22 townhouse complex on the northern site with a closing date of December 22nd. However , Mr. Fornell said his • conversations with Mr. Safar of Dominium had indicated that whether or not that firm builds- the townhouses depends on a feasible marketing analysis- for that site. Mr. Haggerty said although he has previously represented the owner of the property in question, • he is "representing Mr. Morris now" . He assured the Council that his client "does have an option and intends to buy the property" . Councilman Sundland then told Mr. Haggerty he is "not totally opposed to the proposal" but rather is concerned about developing the PUD as a whole and wanted all the safeguards suggested in the City Attorney 's October 14th memorandum to be followed for a partial development of the site. Councilman Marks said he , as Councilman Sundland, has been involved with this property' s development for a long time and was concerned whether the "commonality of development and design as to style and architecture, which had been agreed to in the PUD plan developed for the site by the owner and his attorney and planner, had been addressed by. the Planning Commission during their consideration of this proposal. " Councilman Ranallo then reported the City Manager had been unsuccessful in getting agreement from Mr. Hedlund to the first condition for approval set down by the Commission that "Mr. Hedlund's .remaining undeveloped property in the Hedlund PUD 'cannot be further divided but must be developed as a unit ". Mr. Soth agreed with the Mayor 's assumption that "it was up to the Council and not Mr. Hedlund to decide • how the land is to be developed under its existing zoning" because the City' s subdivision ordinance gives the Council the right to approve or --deny a proposed development , suggesting the Council view it as "typical zoning" . This discussion was deferred until after the public hearing on the Industrial Development Revenue Bonds requested by Loren Swanson for the 11,000 square foot engineering and administration addition to the Central Engineering Inc. building at 2930 Anthony Lane. Present but not speaking were Al Goetsch of Central Engineering and Paul Tietz of the Lindquist and Vennum law firm. The public hearing was closed at 8 :03 P.M. for a Council decision on the resolution approving the revenue bonds which had been developed under City policy established under Resolution 80-040 . Motion by :Councilman Sundland and seconded by Councilman Marks to adopt Resolution 80-077 . RESOLUTION 80-077 A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT WITH LOREN SWANSON UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF REVENUE BONDS TO' FINANCE THE PROJECT, AUTHORIZING • THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF �.' SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS Motion carried unanimously. -3- • Motion by Councilman Sundland and seconded by Councilman Letourneau to appoint the Dorsey law firm to serve as bond counsel for the Central Engineering project. Motion carried_ unanimously. The Morris proposal consideration was then continued with Mr. Morris ' father, Frank Morris., 3350 - 92nd Curve N.E. , saying he -could not see how "letting the Hedlund property go undeveloped for 20 years had gained anyone" and insisting "a barber shop next to that property won't deter any other building, but instead, might encourage develop- ment" . Kenneth. Lee . said he intends...to build a house for himself on Lot 10, Penrod Addition, just above the property in question and "is not concerned about the buffering for the beauty parlor" . He saw this proposal as "better than any other made before" . Mrs . Chester Nelson, 3916 Macalaster Drive, opposed the project citing other proposals made in the past which had never materialized. She believed permitting this use could deteriorate the PUD and change the uses set for the adjacent property" . Mr. Haggerty dis- agreed saying "the two properties should remain- separate" and "the City has an 'ordinance for controlling the use of the property to the north He urged the Council not to delay a decision since Mr. Morris has lost his lease on his former location and faces losing his employees if he doesn' t find a site for his shop right away. Mr. Morris then reported that 36 homeowners on Penrod Lane and 71 on Macalaster and 39th Avenue N.E. had signed hi:sr petition of approval, with.,,many -expressing their irritation with the City that the property wasn't berg used .in a better manner than it had in the past. He believed "with today' s economics no one could guarantee how the property to the north will be developed" . His brother, Vernon Morris of Cambridge, Minnesota, said he had helped take the petition around to the neighbors and was surprised "not to hear a single objection to the proposal from the residents on Macalaster or 39th, many of whom felt it was about time the City did something with this property since it's been fooling around with it nor a long time" . Councilman Marks and Mayor Haik rejected the implication that the Council had "dragged its feet regarding the development of this property, but said rather the Council had gone along with "the elaborate plans developed by Mr. Hedlund and his planner, in the hope something substantial would happen for the property" . The Mayor said it doesn't appear the developer has been able to develop the 'land in an orderly manner in spite of the steps the City has taken to facilitate such development. Although Mr. Lee had indicated a hedge, rather than the fence stipulated as a PUD requirement, would provide adequate buffering of his adjoining property, the Mayor said she would be reticent to consider any other buffer than had been required as a protection for the single family residences along Penrod in the PUD. She said the Council's prime consideration was that the development of this lot might be a leverage on Mr. Hedlund to get- the rest of the PUD developed, but she no longer believes this.:.proposal will provide the desired leverage. Mr: Fornell said* Mr Safar had indicated the manner in which this property is developed will not be a deciding factor in .whether or not he goes ahead with the townhouses, but rather, the economics must warrant his investment in the project. Councilman Sundland agreed with -4- Councilman Marks that "maybe we should get started on this develop- ment" but said he has trouble disassociating this request from all the others which have never materialized. He also saw the opposition of an Apache barber to the proposal as being a point which should be remembered as well. However, he believed if the safety- factors built into the PUD or R-3 zoning requirements are maintained, the development of this lot might encourage development of the remaining parcel. He wanted the conditions set by the Planning Commission to be repeated in any Council approval. Councilman Ranallo wondered if the residents along Penrod realized that allowing a "B" use for this parcel might set a precendent for for the undeveloped property noting the opposition they had voiced when another "B" in the form of a municipal liquor store had been proposed for that site. The City Attorney addressed some of the Council's concerns by reminding them that "Mr. Morris is only a spokesman for Mr. Hedlund, since, technically, this is Mr. Hedlund's application and he has to agree to any action taken and can' t later say he didn't know .about the conditions you attach" . Mr. Soth recommended any motion- of approval should indicate the approval is for the Final Plan of the PUD and conditions set now are attached to that Final Plan. He told Mr. Haggerty the Final Plan is the document which must be recorded and "this is the Final Plan for only this particular • property" . He told Councilman Ranallo the Final Plan fixes the use C ---,of. the property and that use "can't be changed to commercial without rezoning" . He also advised that "staff cannot negotiate the PUD requirements regarding landscaping" as had been recommended by the Planning Commission. When asked to comment on the concerns raised by Councilman Ranallo regarding the City's legal position as to setting a precedent in the development of this property which might affect the development. of the lot to the north, Mr. Soth said "this proposal can be distinguished from the balance of the PUD since the subject lot has an existing structure as opposed to the undeveloped land, and, if you approve this proposal, you are confirming that the developer has two types of development possible for the property to the north" . He did not believe all building had to be done at one time, but could be staged but advised the Council they still had the .option of telling the developer "you can't make a decision on one parcel of the PUD without seeing a plan for the whole thing" . Mr. Haggerty agreed that Condition #1 for the Detailed Plan, as the Final Plan', would be satisfied with the recording of the Final Plan. He later signed the site drawings identifying them as the Final Plans. Mayor Haik said she intended to approve the proposal believing it would not be a deterring factor for the development .of the land to the north to-either a residential or commercial use under the PUD. She reminded those present that "the condition of the existing house • reflects the interests of the owner rather than the City". She did not find- the question of whether Mr,. :Morris_ is a reputable business- ` man or not should be the question involved* in making a decision, but. rather', what is the best use of the. 'land. -5- • Councilman Letourneau said he had also been involved in the develop- ment of this property for over 10 years and "still doesn' t want to set a precedent for piecemealing the site" , but "is not quite ready to take any steps which may jeopardize the PUD" . Mr. Peterson said the Planning Commission had the same concerns and the first condi- tion they had set for approval was "to maintain the integrity of the PUD, seeing under this condition,. an opportunity for retaining control even if the parcels are treated separately" . Motion by Councilman Marks and seconded by Councilman Sundland to approve the Detailed Plan and the Final Plan by adopting Resolution 80-0 81. RESOLUTION 80-081 A RESOLUTION APPROVING THE DETAILED PLAN AND FINAL PLAN FOR A PORTION OF THE HEDLUND PLANNED UNIT DEVELOPMENT UNDER SECTION 13 OF THE ZONING ORDINANCE OF THE CITY OF ST. ANTHONY Voting on the resolution: Aye: Marks, Sundland, Haik and Ranallo. Nay : Letourneau. Motion carried. The meeting was recessed from 8: 55 P.M. to 9 :00 P.M. when Mr. Peter- son resumed his report on the Planning Commission actions by saying they had recommended denial of the St. Anthony Village Shopping Center, Inc. request that the property at 2550 Kenzie Terrace be, rezoned from the existing R-1 zoning to "C" its non-conforming usage for the past twenty years. Mr. Soth told Councilman Marks a moratorium on building . could only have been declared while the Comprehensive Plan was being developed and "that is' completed" . He then read the section in the City Zoning Ordinance under which he believes the existing non-conforming use of the property can be continued if an upholstery shop is permitted there agreeing with Mr. Berg ' s recommendation that this status should be retained rather than rezoning the property. Motion by Councilman Ranallo and seconded by Councilman Marks to follow the Planning Commission recommendation of denial of the request to rezone the property at 2550 Kenzie Terrace from R-1, single family residential district, to "C" , commercial district, basing the denial on their findings that: (1) The property is adjacent to residential property and the City of St. Anthony would retain greater control over any commercial usage under its existing non-conforming, but permitted use as • provided for in the City ordinance. (2) The ,Kenzie Terrace Study will probably be making recommendations for the property. • r CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES • November 18 , 1980 The meeting was called to order at 7:30 P.M. by Chairman Bjorklund. Present for roll call : Peterson, Jones, Bjorklund, Sopcinski, Enrooth and Makowske. Absent: Bowerman. Also present: Ron Berg, Administrative Assistant. The following corrections were made to minutes for the Commission October 21st meeting: Page 1, para. 3 : Eliminate "part" following "intermittently" . Page 2, para. 5: Eliminate reference to Councilman Marks ' presence at the meeting, since he did not participate. Page 8, para. 3: "Mr. Enrooth called the question" should be added before the voting on the question. • Page 8, para. 8: All references to Ruth Tetzen should indicate she is Mr. Saliterman's "representative" rather than "secretary" . Motion by Mr. Enrooth and seconded by Mr. Sopcinski to approve as corrected the minutes for the Planning Commission meeting held October 28, 1980 . Motion carried unanimously. . . Mr. Berg answered questions regarding the sign in front of the newly approved barber-beauty shop at 3909 Silver Lake Road by saying such a temporary 14 day sign is allowable under the City ordinance and that a temporary 14 day permit had been issued. Mr. Doug Jones will represent the Commission at the Council 's December 9th meeting. At 7:35 P.M. , Chairman Bjorklund opened the public hearing on the proposed amendment to .permit video tapes sales and rentals as a Con- ditional Use in a C, commercial district, under the City Zoning Ordinance by reading .the notice of the hearing which had been published November 13th. He then directed that discussions should be limited to the intent of the hearing which is to consider "video tapes and sales and rentals" as a permitted Conditional Use. Mr. Berg emphasized .a differentiation must be made between the shops themselves and what is sold or rented within them, with pornographic material a different and complex issue. He said ' he was in agreement with the PLAN N C r'n'(Y'(1 , -2- renew left with the Apache management firm but he is certain a new lease can be -negotiated if the store does well in --that location. - ( He said LaBelle's would be delighted if the renovation of the Apache Mall should attract a major tenant such as Target to the shopping center. Mr. Jones welcomed LaBelle ' s to the City and assured the store 's representative the Commission is willing to assist in any manner they can to keep a stable tenant in that building. He said he hopes this store may prove to be a business incentive for that area. Motion by Mr. Sopcinski and seconded by Mrs . Makowske to recommend Council approval of a 175 square foot variance to the City Sign Ordinance requirements which will permit LaBelle 's Catalog and I; Showroom to retain the existing 445 square feet of signage on the east and west sides of the building at 2500 38th Avenue N.E. for store identification, as proposed, subject to the removal of the existing 60 foot by 12 foot north facing sign and its framing, finding that granting the variance not only meets all criteria set by City policy for sign variances but decreases the total signage on this building, a goal of the Commission for- several years. i. Motion carried unanimously . Craig Morris, owner of the barber shop recently approved for the Hedlund PUD, was present to discuss his proposal for altering the existing free standing sign in front of his shop at 3909 Silver Lake Road by adding a thatched roof effect at the top of the sign. He said . the roof addition will. only "add one foot to the-sign-'s- height and he also requested the -sign be lit with one fluorescent lamp during the hours the shop is open , 8:00 P.M. at the latest, twice a week. The scale for his drawing for the sign was not accurate, Mr. Morris said, but he does not anticipate the lateral spread of the sign to be more than a foot on each side. No ref- erence to Council action regarding the more than a foot provided between the brick planter and the existing sign could be found in ' the minutes of the meeting when -the sign was accepted but Mr. Jones questioned whether plantings had been permitted and personally "would like to see the sign dropped all the way down to the brick foundation to eliminate any air space" . He said his own experience has been such types of plantings are not too successful. Mr. Peterson' s recollection was that the Commission had agreed to leave that point to the discretion of- the Council who had approved the sign as proposed. a Motion by Mrs. Makowske and seconded by Mr. Enrooth to indicate to the Council that the Commission, recognizing the Morris sign is E the only free standing sign permitted the Hedlund PUD, and desiring the best use possible in the interim, recommends Council approval of the proposed alteration of the sign as long as the height of the sign (including berming, sign base, plantings above the base, F sign area, lighting and roofing) does not exceed the 8 feet maxi- • mum established for the PUD with the stipulations that the light- ( ing, as proposed, will be turned off after 8 : 00 P.M. ; the ends of the gable roof are enclosed and additional vertical corner posts -3- , be- allowed to strengthen the sign -against strong winds, finding that, these proposed alterations would not seem to be detrimental , but could enhance the ropert . Before votin p y g., a friendly amend- ment was made by Mr. Jones and accepted- by the maker-' and second which further stipulates that there shall be no air space between the planter and the sign. The amended motion carried unanimously:. There were five students from an urban politics class at Bethel College present and the problems with air space between foundations and signs were clarified for them. Mr. Lundquist offered several suggestions during the consideration of the new sign ordinance which followed. He was sympathetic to the Commission's concerns regarding free standing signs saying he "personally doesn't like signs but doesn't mind signage on buildings. " He believed "even monument signs can get gaudy" . The Commission concurred with his suggestion. that the new ordinance should be published and reaction .,from. experts sought before final approval. The secretary left at 10: 00 P.M. The meeting was recessed at 10: 00 P.M. The meeting reconvened at 10 :05 P.M. The Commission continued its consideration of the proposed sign ordinance and in particular that section dealing with free standing signs. Suggestions for change and further research was noted by Mr. Berg. Motion by Mr. Enrooth and seconded by Mr. Sopcinski to adjourn. Motion carried unanimously. } The meeting was adjourned at 10:48 P.M. r Respectfully submitted, Helen Crowe; E r s f f CITY OF ST. ANTHONY COUNCIL MINUTES February• 24 ; 1981 The meeting was called to order by Mayor Haik 'at , 7 :30 P.M. Present for roll call:. Letourneau., Ranallo, Haik, Sundland and Marks. Also present: Jim Fornell', City Manager; Ron Berg, Administrative Assistant; William Soth, City Attorney; and Carol Johnson, Clerk/Treasurer. Motion by Councilman Sundland and seconded by -.Councilman Marks to approve as presented-the minutes for the Council meeting held February 10, 1981.' Motion carried unanimously. As the minutes for the February ll.th meeting of the Kenzie Terrace Task Force were being considered, the Mayor reported her appointment of Art Kuross, Manager of J. C. Penney's and. the new President of the St. Anthony Shopping Center Merchants- Association to replace Jerry Ballot. on the Task -Force. The actions taken and recommendations of the Planning Commission made during their February 17th meeting, as reflected in the minutes of • that meeting, were reported by Richard- Enrooth. He said the Com- mission viewed the removal of the large -non-conforming sign on the north side of the building recently vacated by Sibley as a , "good tradeoff" for the variance requested by LaBelle 's which will .permit them to reuse the existing signage on the east and west sides of that building. Motion by Councilman Sundland and seconded by Councilman Letourneau to follow the recommendations of the .Planning Commission to grant a 175 square foot variance to the City Sign Ordinance requirements which will permit the existing 445 square feet of signage on the west and east sides of the building at 2500 .38th Avenue N.E. to be retained for store identification..by LaBelle 's .Catalog and Showrooms, Inc. , as proposed, subject to their removal of the existing 60 feet by 12 feet north facing sign and framing, finding that granting the variance not only meets all criteria set by City policy for sign variances , but achieves the goal of the City to decrease the signage on this building. Motion carried unanimously. The Planning Commission representative told the Council the requested alterations of -the existing signage at 3909 Silver Lake Road will make it more in conformance with the proposed sign ordinance require- ments-- for the. monument- type signs being developed by the Commission. Craig Morris",: owner of the. barber/beauty shop which the sign identifies, was present but did -not speak. -2- Motion by Councilman Marks and seconded by Councilman Ranallo to follow the recommendations of the Planning Commission to permit the proposed alterations of the sign identifying Craig & Co. Hair Designer at 3909 Silver Lake Road, as proposed, as long as the height of the sign (including berming, sign base, plantings above the base, sign area, lighting and. roofing) does not exceed the 8 foot maximum established for the Hedlund PUD and there is no air space between the planter and the sign and on the- conditions that the proposed lighting shall be turned off at 8 :00 P.M. and the ends of •the gable roof are enclosed, with vertical corner posts allowed to strengthen the sign against strong winds. The Council finds, as did the Commission, that these alterations would not appear to be detrimental to, but could enhance the property, recognizing this sign will 'in all probability have to be removed at the time of further development of the PUD which may require signage to identify that development and this proposed sign may provide the best use possible in the interim. Motion carried unanimously. The request that the City host the .Elected Persons Conference March 7th ' was accepted as an agenda addendum. The third reading of the obscenity ordinance followed. Presented as additional testimony was the February-.22nd letter from Judy Makowske expressing her concerns that the prohibitions of pornography be made applicable to any agreement for Cable T.V. which is developed. The Council accepted. the advice from the City Attorney that references in one form or another to "transmission" , as in Section 975 of the proposed ordinance, should. adequately cover Cable T.V. programming as well. Motion by Councilman Marks and seconded by Councilman Ranallo to approve the third reading and adopt Ordinance 1981-002 . ORDINANCE 1981-002 AN ORDINANCE PROHIBITING THE SALE, PROMOTION AND PRODUCTION OF OBSCENE MATERIALS AND PROVIDING PENALTY THEREFOR, AMENDING CHAPTER IX OF THE 1973 CODE OF ST. ANTHONY ORDINANCES BY ADDING A SECTION 975 AND BY REPEALING SUBDIVISION 16 OF SECTION 930 :00 Motion carried unanimously. Mr. Fornell had submitted a comparison of sauna license fees charged by other suburbs as a basis for the fees he recommends for St. Anthony. The Council concurred with amending Section 450 :25 of the proposed Ordinance 1981-003 to read "The annual license fee shall be $500 for each license .for .each location plus $25 for. each masseuse/ masseure Motion by -Councilman Sundland and .seconded by Councilman Marks to approve the third reading and adopt Ordinance 1981-003, as- amended. • C. Before making a motion , Mr. Jones said .his opinions regarding the utilization of front yards are well known and, "other communities - have recognized there . is more value in using back yards for re- creation, etc. , than for buildings" , but also pointed out, that - . Mr. Danelski' s addition "will still be more than 30 feet from the roadway, and, even if the sidewalk were constructed, would be 25 • feet from the edge of that sidewalk" . Motion by Mr. Jones and seconded by Mr. Bowerman. to recommend the City Council grant a 12 foot sideyard setback variance to James Danelski to permit him to remodel his existing home at 3301 Croft Drive, as proposed in Site Plan A, finding that granting this variance will : 1) Relieve an undue hardship caused by the very wide setback held for right-of-way along 33rd Avenue N.E. , which will probably never be used, and must be maintained' by the homeowner; 2) The proposed addition is the best possible way for the homeowner to provide additional living space for his family and, at the same time, maintain the high quality of construction of this neighborhood and the existing dwelling; 3) Low energy costs when the City ordin- ances were drafted and this- property was developed, did not take into consideration that energy conservation would become a necessity and that this proposal., using passive solar energy., would best meet the needs of the homeowner, the neighborhood and the City; and 4) A petition of support has been signed .by Mr. Danelski's neighbors and no opposition was demonstrated at either of two hearings. Before voting, the Chairman commented that he viewed the divergence of opinion on the Commission as indicating all sectors of the City' s population are represented on that body. He added that he personally �.• agrees with an opinion expressed by Mr. Sopcinski at another meeting , that "many of the early residents had moved to St. Anthony because they wanted elbow room" . He questioned whether such "elbow room" will be provided if front yards are built up. Mr. Bowerman said he believed this proposal "leaves plenty of> elbow` room" . Mr. Peterson called the question, but only the Chairman voted to close off the discussion. Mr. Enrooth said his -home on 33rd Avenue is closer to the street than Mr. Danelski ' s will be with the addition. Voting on the motion: i Aye: Jones,Bowerman and Enrooth. Nay: Peterson, Bjorklund and Makowske. Motion not carried. Motion by Mr. Enrooth and seconded by Mr. Bjorklund to continue the agenda. Motion carried unanimously. In his June 12th report to the Commission, Mr. Berg reported results of research he had done regarding several Commission members ' con- cerns about signage on Silver Lake Road and the Columbia Heights Comprehensive Plan. Mr. Bowerman said he did not agree. with the -6- City Attorney's opinion that the signage for the Craig & Company shop at 3909 Silver Lake 'Road will be permitted to remain if the _ Hedlund PUD is revoked when the St. Anthony Court development final ! platting is approved. When questioned about the revolving barber • sign on the site, Mr, Berg read- the portion of the City ordinance which disallows such signage.. There followed a discussion of vAri ances which had been granted to that restriction. Motion by Mrs. Makowske and seconded by Mr. Jones to request staff to write Craig & Company and any other owners of barber shops with i exterior signs which rotate, other than those permitted by . variance, to request removal of 'such signage since it does not comply with the City ordinance. Motion carried unanimously. Motion by Mr. Bowerman and seconded by Mr. Jones to indicate to the Council the Planning. Commission has reviewed Columbia Height' s Comprehensive Plan and with Commission concerns addressed satisfactorily by the staff, have no objections to the Plan as presented , and there- fore, recommend the Council make the appropriate response regarding the Plan to Columbia Heights. Motion carried unanimously. Motion by Mr. Peterson and seconded by Mr. Jones to request staff to develop a workable, reasonable and serviceable Certificate of Occupancy, as suggested by the Acting City . Manager, for Council consideration. Motion carried unanimously. Motion by Mr. Enrooth and seconded 'by .Mr. Bowerman to adjourn the meeting at 10:00 P.M. Motion carried unanimously. Respectfully submitted , Helen Crowe &Y-Trj ar� Mr. Berg had included in the agenda packet all pertinent documentation related to the ,adoption of Resolution 81-081 approving the barber- beauty . shop usage for 3909 Silver Lake Road under the Hedlund PUD. Included. with copies of minutes of meetings where the approval was developed, was the November 12 , 1980 , letter from W. R. Burlingame* of the First State Bank of New Brighton extending the maturity date for the -Irrevocable Letter of Credit to November 30 , 1981. Mr. Berg said the owner of the shop, Craig Morris , had recently assured him all conditions. set for approval of the plan will be fulfilled before the deadline in October. The, Administrative Assistant was requested to write a letter sometime in August to Mr. Morris , Gordon Hedlund and Mr. Burlingame telling them of the Commission' s concerns , es- pecially regarding compliance with landscaping and parking conditions set by the Council when this usage was approved under the PUD and to remind them that the existing signage for the shop was intended only as a temporary measure and that it will very likely have to be removed. The Chairman then thanked Mr. Berg for the maps and minute documenta- tion he had submitted for this meeting as well as all the research he does in advance of each Commission meeting, which Mr. Bjorklund personally finds invaluable. _ The new sign ordinance may possibly be returned for Commission consideration in August, the Chairman reported. Mr. Sopcinski said he foresees the City entering the same type of quagmire with the approval of the Danelski solar addition as with the sign ordinance. He believes the City was "hoodwinked" into dis- regarding ordinance requirements for setbacks for an addition for which testimony was drastically altered between hearings. As an • example, he recalled the first claim made by Mr. Danelski that the larger addition he first proposed would reduce his heating costs by 30% which was reduced by the architect at the next hearing to the claim that the smaller addition would "be self sufficient with perhaps a surplus to serve the rest of the house" . The Planning Commission member indicated he saw the many cautions published to make people aware of unfounded claims for solar systems were ignored in the decision to approve the variances. In the same context, the question of whether the Commission has it in its power to accept a vote by proxy was fully explored. Mr. Sopcinski believes in instances where data has been provided at a previous hearing at which a member is present, that member's vote should be recognized if he or she is unable to attend the meeting at which a final vote is taken. Mr. Enrooth disagreed, saying the input provided during each meeting has to be utilized for an informed decision and Mr. Peterson indicated he doubted whether Roberts Rules of Order permit proxy votes . Mr. Jones insisted the Chairman goes out of his way to include any testimony given him by an absent member entered into each discussion and to assure their opinions are con- sidered in the decision making. The general consensus was that Mr. Berg should pursue the issue to a limited degree and report back to the Commission at a later date regarding proxy votes for the Commission. He was also requested to bring any further data regarding solar concepts he receives to the • attention of the Commission members. r A', 18 , 1381 -3- Mr.- Berg's August 12th letter to Mr...Craig Morris regarding the condi- tions set for. operation of his barber-beauty shop at 3909 Silver. Lake . Road was included in the Commission packet as was a draft of the. letter to be sent to Gordon Hedlund, Mr. Morris , and the First State Bank of New Brighton, regarding the irrevocable letter of credit issued by the City to assure compliance with the remodeling and land- scaping agreements for that property. The latter was to be sent after Mr. Burlingame' s directorship for the bank is confirmed. Staff was requested to notify Mr. Morris that if he does not immediately remedy the non-conformance of the revolving barber sign on his building, he will be cited for non-conformance with the City Sign Ordinance and a possible penalty imposed. At 8: 32 P.M. , the Chairman opened the informal hearing on the possible redevelopment of the Walbon property along Old Highway 8 to which all property owners within 200 feet of the site had been invited. Seven persons were present including the owners of the property, Irving Walbon, 196 Windsor Court, and Harland Walbon, 3225 Skycroft Drive. Mr. Berg had included a copy of the redevelopment feasibility study from Westwood Planning and Engineering Co. , which had been authorized by the City Council , in' the agenda packet. In addition to this there was included a memorandum recommending that the Commission consider the compatibility of the suggested 50-70 condominium units at $63 ,000 each (or some correlation of units with price, such as 25 townhouse units at $126 ,000 each) witki the existing surrounding usage and density. He told those present that the 2.3 acre site is zoned R-1, single family dwelling, with a legal non-conforming commercial • usage and it would be necessary to rezone the property to permit the density necessary to make the project feasible for tax increment financ- ing. He asked the owners whether they saw any other method of developing the land which might involve the City to a lesser extent, such as housing revenue bonds. - The Walbons responded by saying they have become frustrated trying to find an acceptable redevelopment of the property over the years and the existing economic conditions have discouraged them even further. Irving Walbon pointed out the excessive costs they anticipate for relocating the buildings and business even if they could do the demolition work themselves. Vi Dorumsgaard, 3612 33rd Avenue N.E. (lot 3) was concerned with the development of the triangular outlot which the County had given back to the Walbons which adjoins her $106 ,000 home built right on the property line. She said when she bought the home in 1974 she had E been assured by City officials that the outlot would never be developed for anything other than perhaps a City park. She felt it was the f responsibility of the City that her property was plotted with, "crooked lot lines, and her house built closer to the lot line than is legal E under the City ordinance" , and wanted the City to provide a remedy. Mr. Jones told her the City can't do anything with private property, and a remedy will have to be worked out with the Walbons . She was also reminded that if the City should acquire the land through the HRA, something could probably be worked to her satisfaction. i t Cam- -7 0' Motion by Mr. Bjorklund and seconded by Mr. Bowerman' to table action on the revised Sign Ordinance until the next Commission meeting , • January 18th. Motion carried unanimously. Mr. Childs reported the Police have issued two citations to Craig Morris for illegally lighting of the signage on his shop at 3909 Silver Lake Road. The Chairman noted that the signage is temporary and asked staff to find out when the builder intends to erect the signage for the Anthony Court townhomes which would require the temporary signage to be removed. The Manager also told the Commission members that Chick 's has not yet filed an injunction against the City but continues to conform to the ordinance regulations related to closing time. He indicated he has not received official notice from three Commission members as to whether or not they intend to continue their service on the Commission, but the vacancy created by the resignation of Mr. Sopcinski would be publicized in the Bulletin that week and persons who. have . indicated an interest in. serving in -the past are being contacted as well. The Commission adopted a motion wishing each other and staff a Merry Christmas. Motion by Mr. Bowerman and seconded by Mr. Bjorklund to adjourn the meeting at 9 :50 P.M. • Motion carried unanimously. Y Respectfully submitted, Helen Crowe , Secretary i I I i i { i CITY OF ST. ANTHONY ----REQUEST-FOR-PLANNING COMMISSION ACTION Date Submittbd Type of -Action-Requeste Agen 'a -Item N er March 16, 1984 Concept Review Old Business-B Date Action X Formal Action/Motion Title Requested Informational q Other Gross Golf Course March 19, 1984 Clubhouse Proposal - ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM David_,M. Ch-ilds, Ci..ty Manager ------------------------------------------------------------------------ SUM14ARY DISCUSSION OF SUBJECT: This is a request from the Minneapolis Park Board for review of their plans for a new clubhouse facility at Gross Golf Course. As stated in the zoning ordinance, Recreational Open Space Classification : "All structures shall be constructed of a meterial and of a design which i.s compatible with the natural environment as determined by the Commission and Council ." This was talbed at the last meeting so that more detailed landscape plans could be presented. (The ordinance specifies review of the structure.) Plans regarding the exterior elevations and materials , site plan, landscaping plan and property survey are attached. Full sized plans are available for review in the 'City offices and include framing, mechanical and electrical plans for those who are interested. Representatives from the architect and the Park Board will be present. RECO114MENDATION: Staff recommends approval. (Request for sign approval to be scheduled at a later date ATTACHMENTS : X Plan Application Form Mailing List Letters of Support/Objection Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : • CITY OF ST. ANTHONY COUNCIL MINUTES . February 14, 1984 The meeting was opened at 8: 32 P.M. with the Pledge of .Allegiance led by Mayor Sundland. Present for roll call: Ranallo,= Sundland, - and Enrooth. , Absent: ., Makowske and Marks (.arrived at 8 : 35 P.-M. from public meeting) . Also present: David Childs, City Manager; and Larry Hamer, Director of Public Works . The meeting. had_.b.een delayed s.o Council__member.s . and.-.staff could attend the public meeting in. the_ Parkview cafeteria which., was conducted by- representatives of, the federal and state Departments of- Agriculture and an entomologist from the University of Minnesota- who reported the proposal.-,they-intend making . to: the State-Commissioner of Agriculture for the eradication of the Gypsy Moth in St.- Anthony. In addition to City officials and staff, approximately two dozen residents and environmental,- group representatives -were present to ask questions —about the type -of eradication proposed to prevent further infestation of this defoliator of both deciduous and coniferous trees . The general consensus of those present° was° a' sense of gratification that' the moth had been. detected soon..enough and had .been kept to one small area making biological rather than chemical' spraying possible. Motion by Councilman Ranallo_. and se.conded. by Councilman Enrooth to approve as submitted the minutes of the Council meeting held -January 24 , 1984 . .Motion carried unanimously. .Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve payment of all claims as presented in the February 14, 1984 Council agenda, ,as follows-:- 1. All verfie,d. claims, listed for December '31, 1983, and February 14 , 1984.. 2. $1, 503. 15 to Edward J. Hance for December prosecutions . 3. $22 , 877 to Ramsey ,County for the City 's share of right-of-way acquisition costs 'on the rebuilding of County Road D (all reim- burs ib le from CDDG funds) . A . $1 , 6,55. 61 to Short-Ellio.tt-Hendrickson, Inc. for 1983 MSA information. 5. $2 ,.000•.00.----to- Short-Elliott-Hendrickson, Inc.. -for preparation.,of plans: for the watermain- construction on County. Road D. • Motion carried unanimously. - -2- Councilmen Marks and Makowske arrived from the public hearing which had been held in -another room in the same building. • Wayne B. Leonard, Coordinating Engineer for the Ramsey County Public Works Departments , and Vern Genzlinger of the Hennepin County Depart- ment of Transportation, were present at the invitation of the Manager to- give a progress report on the rebuilding of County Road D. Mr. Leonard' said he anticipates- contracts on `the ,p:roject would be let in July and- the construction would start this fall . However, although a significant amount of work would - probably not be accomplished in 1984 , he said he anticipates the project would,� be­well on its way by=_"1985 . The County Engineer told Councilman Marks -all issues which had to be negotiated .had been resolved, with the exception of the s-chooll-'d-i-s- trict' s request for a flashing stop sign in front of the Wilshire School, which could be installed, if the - district is willing' to pay . .the costs which could run between $3,000 and $6 ,000 for the sign. In his February 10th.memorandum, the Manager had indicated staff had recommended approval of the maintenance agreements with Ramsey- 'County for the County Road D project he. had included with the proposed ' resolution in the agenda packet. Mr. Genzlinger indicated Hennepin County- is in the process of acquiring the necessary -right-of-ways-' . and -their maintenance agreements would be forthcoming. Motion by Councilman Marks and seconded by Mayor Sundland to adopt:- Resolution- 84-014 . RESOLUTION 84-014 S A. RESOLUTION AUTHORIZI14G THE,- MAYOR. AND CITY_MANAGER_ TO EXECUTE THE MAINTENANCE AGREEMENTS NOS . 80414 AND 80415 BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY COUNTY FOR THE COUNTY ROAD D PROJECT Motion carried unanimously. In his January 26th memorandum, Mr. Hamer had reported on the two separate projects proposed to correct drainage problems involving Salvation Army Camp property and the City of Columbia Heights To -, distinguish between the two, he .had identified the project proposed , to correct the drainage problem along the north end of -the .camp as Phase l,. the County. Road E Project,, and the project which would deal with the drainage problems and street construction* in Columbia -Heights which extends onto the west side of Salvation Army property, 'as Phase II , the Stinson Project. The Salvation Army had agreed to pay the costs of the feasibility and cost study. done by Short-Elliott-Hendrickson, Inc. for Phase had declined to participate in Phase II since they perceived no bene- fit could'- be derived from the street construction -project on that--side. of the camp since . they were not interested in, selling or developing that land, according to the Public. Works Director. Mr. Hamer indicated the Stinson Project was still -in the talking stages • and- he- was now seeking Council direction as to whether or not he should continue discussions.with. Columbia Heights about the project. -3- ,�Motion by ,Councilman.. Marks-, and seconded.. by. Councilman Ranallo..to , ,authorize staff to 'write a- letter to Columbia Heights informing them of the Salvation Army's - refusal to partidip' "ate in the Stinson Project and to inquire whether that 'City is still interested in ,the proje,ct. Motion carried unanimously. Although the Salvation Army. still . recognizes their responsibility to pay all --the costs- of- the study done for Phase 1, Mr. Hamer indicated . . -the Camp officials have requested continuance of that payment until' . . this spring, at which time their Property Committed would make a -final. assessment of the problem anci.make a-determin'ation- as to whether or.,not they should proceed.-.--with the, County Road- E Pr oj-ect. The Public Works Director then indicated, that , even if the project proceeds, it may be some time before it becomes- a reality since New Brighton hasn' t even held the required public hearings yet. -Motion by Councilman Marks and seconded .by Councilman Makowske to approve payment of $6 ,071. 8l 'to Short-Elliott-Ifendrickson , Inc. for the -feasibility and cost study they made on the project proposed 'to correct the drainage.. eros ion,,,-problem along County Road,,E. - Motion- carried unanimously. In- his . Febraary---3rd -memorandum, Mr-.---Childs had given the historical -background of . the City ' s termination in 1983 of the highly appreciated, but -very expens iVe, .-annual ,-branch chippi�ng- pro j,ect f or wh ich ,,the- - Council had subsequently directed the staff to explore alternatives for reinstating in 1984, giving consideration to users fees as a prima.ry finar-fclng method. The Manager had proposed .four alternatives including their -costs and what he perceives are the weaknesses and strong points of each and had suggested criteria under which the staff could recommend undertaking the service . There was general support for Alternative #3 which. would- provide . the chipping service on a cost recovery basis but Councilmen Ranallo and Enrooth seemed to favor running the program this year under option 'T" for- that proposal- which would charge" a flat rate of $20 per stop, which would prevent disputes between the residents- and City- crews who would serve as the -"timekeepers" , ra-ther than option "A" under which -a resident would be,-billed $15 for the first 10 min'utes of chipping and an. additional $15 for every 10 minutes thereafter, to avoid poten- tial problems with neighbors pooling their branches . The following motion was made when -it became apparent that the majority favored the "A" approach. _ � �tMotion 'by Councilman Marks and seconded, by Councilman Enrooth to rein- -state, the -branch chipping program in St. Anthony in 19 84 under - Alter- . . .fiative­3A-proposed -by the- Manager in- the February 14 , 1984 Council agenda. 'Motidn .carriedunanimous.1y. - - -4- Mr. Hamer had reported in his February 14th memorandum,- the,,b ds wh'ich had been taken for materials required by the• :Public -Works...Department to construct the watermain .in °conjunction with the .County ,Road- D rebuilding project and .-he gave-further insights..-into the reasons he was recommending the contracts be split. Mr. Childs pointed out that -the project had been budgeted for -$80,000 and that. materials•,, . engineer- ing and staking would ultimately cost about $45, 000 to $50 ,000. Motion 'by Councilman Marks and .:seconded by ' Councilman Enrooth ,to , ­ accept the low bid and, award 'the contracts - for material . for the- water- main project on County.:Road 'D as recommended..by the Public Works Director, "in the best interests of the City". Motion carried unanimously: The Mayor reported receiving many complimentary comments from other city mayors related to the City 's liquor warehouse operation at a recent mayor's : function. 1..Councilmembers were urged to '-report al comments they received on the Cityscan. ' Councilman Ranallo drew the Council's ttention to a recent honor paid a City - couple, Mary Ann and John Kuharski , 2709 Pahl Avenue , who were recognized as the "1983 Outstanding Catholics of the Year" by the Minnesota Chapter of the:Catholic League for Civil and Religious . Rights . The Councilman suggested the honor should be acknowledged • in -'a- letter to . the .couple . Motion by Councilman Marks and seconded by Councilman Ranallo to request -staff to write a - letter of congratulations to -Mr. and Mrs . John Kuharski 'for the honor recently paid them. Motion carried unanimously . Councilman Ranallo reported he had recently been appointed to the National League of Cities Human Development Policy Committee which -he perceives would be recommending policies on many. national. concerns which are shared by the City*. However, this appointment could- req.uire -him to- attend both the Washington, D.-C. and Indianapolis conferences which might not be possible under the existing Council policy,-- which budgeted only $4 , 500 to send two Council persons to those meetings this year. There appeared to .be .no opposition from other Council members to paying for Councilman Ranallo's attendance at either of the meetings , with funding to come from Council contingency.- . Councilman Makowske reported finding the conference. f.or newly elected officials both informative and helpful in that: it gave- her- an.-oppor tunity to meet other municipal representatives and -learn� fi:rst-:-hand just how policy- is. set in other cities . �. Councilman Marks thanked the 'City Manager for providing supporting,, materials for his use .in' conducting the GTS sessions . He also indicate• he- would report back on the Youth Service Bureau meeting he expected to attend the following Thursday. -5- :Mr... • ". Hamer_responded_.to::questions rela tt'he.-numbeof lssand faulty" alarms listed in the January Fire Department r.-p ort by"false--and g. a number -of these could have resulted from circuits -which -are quite common this time of the year. The Manager, told:- Councilman Makowske the. City -would not necessarily experience a big--profit f.rom'the liquor warehouse operation this year because -of"-the lower price -margins-.and the necessity of. building up trade which would offset the loss of margins. He also noted there had been some reduction .*in other. liquor stores.' .sales since, the ware- house -opened., but indicated he _i's certain that- at least the trend- -towards- diminished profits --would be -turned--around by-- the end of the = ilman Ranallo commented--that he would certainly- hope to y ear. Counc see the net figures improved because of the new operation. The Fire Department report:, liquor sales summary for January, and the February 7th staff notes were then ordered filed as informational. The -Mayor noted that Volunteer Week would be observed the week of May 6-13th and suggested the -annual work session with the various -voluriteer.�committees- which- serve the City could- be held that week. The notice of the mediation, meeting with --Local #320 which had been held that morning had- been included in the agenda packet and Mr. : Childs indicated he would like to get Council feedback on that. and several other 'labor- negotiations which are in. p.rogress .during .a • private- session after the meeting that evening;. In h s�, ebruary .9th memorandum, the Manager had given the reasons he -recommended•. continua- tion of the City' s contract with the -Labor Relations Subscribers Services . Motion by Councilman Marks and seconded by Councilman Ranallo to adopt the resolution which renews the contract with the Labor Relations Subscribers Services at- an- annual cost of $1, 110 . RESOLUTION 84-013 A RESOLUTION APPROVING -A PROGRAM OF TECHNICAL ASSISTANCE IN LABOR MANAGEMENT RELATIONS PROVIDED BY' LABOR RELATIONS' ASSOCIP_TES°; INC. FOR CALENDAR YEA'_? 1984 Motion carried unanimously. .Mr. Childs reported in his February 9th memorandum that only one : person had' applied to fill the vacancy on the East Side. Hennepin County Human Services; two had indicated an- interest in serving along with . ,Councilman -Enrooth as resident member of the Rice Creek Watershed -District Citizens 509 Task Force, and no one had applied,to serve on PACAC. He had suggested whoever was not appointed to the task force ahould-.be° invited;to take the--latter- appointment: . • Motion by . Councilman Marks and seconded by 'Councilman Enrooth to appoint Marlys Berg, 2513-33rd Avenue N.E. to „serve as the City' s representative to- the East Side Hennepin County' Human .Services Council. -6- Motion carried unanimously. The Mayor indicated he believed.;-John: Wingard.;, who had twice •unsuc �. • cessfully sought a seat on the Planning Commission, ,;,and:, "whose work background and experience certainly qualified him for the appointment" , should be appointed to the Citizens Task Force and made the---.,motion-to that-effect, .which. was seconded by Councilman Enrooth. In the discussion which preceded- the vote on the motion, Councilman Marks indicated he wanted to -amend that motion to designate Erling Weiberg, instead of .I-!r. Wingard., to serve on the Watershed Task Force, citing- Mr. Weiberg's experience as chief executive and full time administrator. of -.the Water Resources Board as perhaps better, qualify- ing him for the appointment. -, Councilman Makowske agreed, saying she would second the motion, not only because of Mr. Weiberg's particular expertise, but also because of his ability to handle himself welkin public hearings, as demonstrated in recent Council meetings . She suggested Mr. Wingard be invited to serve on the committee which develops the Community Development .,Block Grant allocations . When . Councilman Enrooth suggested -Mr. Weiberg might be overqualified for the citizens, group and h.is "expertise.,,m:' ght better be utilized,:-on-the same committee with Mr. Hamer, where mcre technical expertise is being sought', the Public- Works.. Director indicated that he perceived such expertise would be essential for either committee , since..the policies developed by the Watershed District could have an adverse_ effect on a fully developed community like St.- Anthony. The Mayor- and Councilman Ranallo indicated.- they would ,accept the • proposed amendment --to their motion. Motion by Councilman Marks and seconded by Councilman Makowske to appoint Erling Weiberg, 3409-36th Avenue N.E. , to serve as the City._' s resident representative to the Rice Creek Watershed District Citizens 509 Task Force. Voting on the motion: Aye : . Piarks , Makowske, Sundland and Ranallo. Nay: Enrooth. Motion carried. Motion by Councilman Marks and seconded by Councilman Makowske to appoint John Wingard, 2509- West Armour--Terrace; to serve as the City's representative to -the Hennepin County Planning Area Citizens Advisory Committee, if he is willing. to 'serve in that capacity . Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman P4arkst6- ", adjourn the meeting,, at 9 :25. P.M. • Motion carried unanimously. -7— • Respectfully submitted, Helen Crowe, Secretary b - 9 • Mayor v ATTEST: City Clerk Y 3 • 6 1 i I • 6 CITY OF ST. ANTHONY a HOUSING AND REDEVELOPMENT AUTHORITY MINUTES February 28 , 1984 The meeting was . called to order at 9 : 31 P.M. by Chairman Sundland. Present for roll call : Sundland, Vice Chairman Enrooth, Secretary/ Treasurer Marks, and Commissioners Ranallo and Makowske. Also present: David Childs , 'Executive Director; -William Soth, Attorney; Dick Krier of Derrick., H.R.A. Consultant; and - William Bowerman, Planning Commission Representative. Motion by Secretary/Treasurer Marks and seconded by Vice' Chairman- Enrooth to approve as submitted the minutes of the H.R.A. meeting held January 10 , 1984 . Motion carried unanimously-.- _ Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to approve payment of $1,915.20 to Dorsey & Whitney for legal services on the Kenzie Terrace Redevelopment Project during November, 1983, and $1,251. 72 to the Derrick Company for consulting services • from November 16, 1983 to February 15 , 1984. ` Motion carried unanimously. Representing the Kenzie Terrace redevelopers were John W. Arkell , President of Arkell Development Corporation; Gary Tushie of Saunders- Thalden, Project Architect; and Suzy Gammel, Kenzington Marketing Director. In his letter of' February 23rd, Mr. : Arkell had requested. a 180 day extension. to the redevelopment contract; but he now. i-ndicated that, since the sales of condominiums- had. doubled to- 26 by that evening, _.. Mr. Krier' s recommendation that the- extension- be for only..,90 days would be no problem. The developer indicated that, because sales had picked up dramatically since the model open house, he was optimistic his firm would be able to meet the lender' s requirement that 50% of- the 128 units have to be sold before construction is started, which it now appears could happen by June 1st. Mr. Tushie informed the H. R.A. members- that they should be selecting a non-profit sponsor for 202 funding for the senior housing proposed for Phase II since -the. City has at last been given high priority classification for .obtaining' those. funds in both Hennepin and Ramsey Counties . Dick Ktier reported that Max Saliterman; owner of the parcel proposed- for that development- had signed an agreement to -sell the land to the. City and all 'that remains is fore the City to: make the • zoning changes necessary for the project before the 202 funding application is made Apri1 .30th. -2- Mr. Tushie said two non-profit organizations had indicated an interest S in sponsoring the 202 building. Augustana Homes , who had sponsored a similar building for Phase I , which the Mayor had said had failed to obtain 202 funding, partially because of Augustana's lack of 202 - experience,, had indicated -they would like to be reconsidered for the project since they have done 202 work since that time. Walker Homes , who, the architect said, are constructing a large project on 37th and Bryant which would provide health and medical care for the elderly , had also requested to be considered for the senior apartments , and, Mr. Tushie told the II.R.A. members , both agencies understand that they would have to pick up . the differences in costs to develop the project with 202 funding and to provide the first class building which would be expected in St. Anthony. The Mayor and Councilmen Ranallo and Marks would be in Washington, D.C. the following week where they would attend the National League of Cities Conference and meet with H.U.D. officials to lobby for the project. Mr. Tushie agreed to provide the newest colored renderings of the Kenzie Terrace Project as well as plans for the proposed senior buildings drawn to meet the criteria set by H.U.D. for that meeting. Mr. Arkell gave Ms. Gammel's background and experience which the developer perceives made her such an asset for marketing the Kenzie Terrace Project. She indicated the "3.00 walk-throughs" reported by Mr. Arkell for the open house weekend for the model had actually been "300 buying entities" and that the interest momentum had been retained ever since. . By listening very carefully to the prospective buyers , the Marketing Di-rector indicated the redevelopers had been able to convert those buyers ' desires into a redesigning of one end of the building into 12 one bedroom-den units which would provide easier adjustment and more elbow room than one-bedroom units would for the first-time condominium buyers who are making a difficult move from larger, - single: family .-homes:. Kenzington is quite, unique , Ms.. Gammel said, in that there are 22 different unit designs available to the buyers . She affirmed that with the changes , the total number of units in the building had been reduced from 134 to 128. Mr. Tushie indicated Arkell is close to a trade-in policy which would allow the developers to at least break even, but would, naturally, not be implemented until the construction is started on the project. When H.R.A. members indicated their willingness to help promote sales , Mr. Arkell told them anything they could do to convince prospective buyers that selling their homes and moving into a condominium would be acceptable, would be most helpful. The suggestion that the Community section of the Star might be utilized for that purpose was considered a good one and Ms: Gammel indicated the human interest angle might be developed by using -the promotional tapes she had made which feature local buyers of condominium units reinforcing the validity of 'making the big- move" Motion by Vice Chairman Enrooth �and seconded by. 'Commissioner Ranallo • to authorize staff to enter into negotiations with -the Arkand Part- nership -.for •a 90 day extension of the redevelopers contract with them. Motion carried unanimously. -3- • Motion ' by Secretary/Treasurer Marks and seconded by Commissioner Makowske to adopt the resolution which authorizes the execution of a purchase agreement with Max Saliterman for the parcel of land for $225,000- which would be' used for the 202 senior housing to be level=-- oped under Phase II of the Kenzie Terrace Redevelopment Project. H.R.A. RESOLUTION 84-001 A RESOLUTION AUTHORIZING THE PURCHASE OF -REAL PROPERTY. Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner Ranallo to adjourn the meeting at 10 :05 P.M. Respectfully submitted, Helen Crowe , Secretary • CITY OF ST. ANTHONY i COUNCIL MINUTES February 28 , 1984 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led by Mayor Sundland.. Present for roll call: . Marks , Ranallo, Sundland, Enrooth and Makowske. Also present: David Childs , City Manager; William Soth, City Attorney; and, Carol Johnson, Finance Director. The following amendments were made to the February 14th Council minutes : Page 5, -para. 5: Substitute "informal" -for "private" in line 5. Page 6, para. .4 : Substitute "Enrooth" for "Ranallo" in first line. , PQotion by Councilman Marks- and seconded by Councilman Makowske to approve as amended the minutes of the Council meeting held February 14 , 1984 . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to table action on the application for-­a, cigarette vending license for "Poppin Fresh" 'so staff can clarify, whether the license should instead have been issued to "Bakers Square:"-. Motion carried unanimously. _... . Motion by Councilman Marks and seconded by Councilman Enrooth to grant .. all licenses listed in the February 28 , 1984 -Council agenda as follows : Cigarette Vending: Mico Oil Co. Twin City, Vending for American Monarch and Berger Transfer Apache -Plaza Drug Co. Kayo Oil Bench: U.S. Bench Co. Laundry Vending: St. Anthony Self Service , 2544 .Harding St. N.E. General Contractors: Milton L. Johnson Company. Amusement Devices: Perry Amusement for Music 2 in Apache Plaza. Motion carried unanimously. • Motion by Councilman. Marks- and seconded by Councilman Rarial-lo to approve payment of all verified claims aslisted for February 28 , 1984 in the Council agenda. Motion carried unanimously -2- William Bowerman presented the report of the Planning Commission meeting held February 21st, as reflected in the minutes of that meet- ing. Ile indicated Ron Hansen had been sworn in as the new member on the Commission and reiterated that the request for anew clubhouse at Gross Golf Course had been tabled for further data. Commissioner Bjorklund ar-ri=ved later in, the evening and when he wondered if the Council had addressed some of the concerns about that project which had been expressed by some of the Commission members, the Mayor told him the Manager is in negotiations with the' City of Minneapolis regarding the renovation of St. Anthony Boulevard. The following action was taken without further input from Mr. .Hoversten, who was present: Motion by Councilman Makowske and seconded by Councilman Marks to grant a variance to the City Fence Ordinance requirement that front .yard fences should be no higher than four feet, which would allow Philip Hoversten to retain, but not add to, the six foot fence which partially extends out into his front yard at 2912 - 32nd Avenue N.E. , finding, 'as did the Planning Commission, that: (.l) It appears that the erection of the fence without a permit was an inadvertent omission when . another addition was being con structed on the property. (2) The fence would not appear to have a detrimental .effect on the property and the unique topography of that particular area would seem to indicate there would be no adverse effect on the neighbors properties and that no precedent for a similar variance in - another area would be set. (3) No opposition to the variance was demonstrated by adjacent or abutting property owners or anyone else: during the February 21st or 28th considerations of the request. _ Motion carried unanimously. William Flaherty, 3208 Rankin Road, was present to discuss his request for a variance which would permit_ him to construct an attached garage on the west of his existing home so he can convert the existing garage into a family room. Mr. Marks noted there is a home in the same neighborhood which is almost a mirror image of the Flaherty home after these improvements, which is also on a hill. Councilman Ranallo indicated he perceives there would be many more requests of this type in the future and 'recalled that it had been similar topography which had prompted the Council to approve the Thompson addition on Belden Drive, which, -'when' it was finished, the Council had �seen for them selves ,:..had contributed to the general improvement of the neighborhood. Motion by ' Councilman Marks and seconded by Councilman Enrooth to grant :. a- variance to .William Flaherty which would permit him to construct the attached garage he proposes -on his Hilldale frontage within seven • 'feet of_ the adjacent property' line; finding that: -3- (1) ' The Flaherty house would have been built facing liilldale if that street had been in when the residence was constructed. (,2) The variance is not based exclusively upon the desire of the property owner to increase the value or income potential of the parcel of land because it would probably cost him more than the property would appreciate in value. (3) There is a hardship created for Mr. Flaherty because he is on a corner lot and, therefore, front yard setbacks and a rear yard setback are required on three sides of the lot. (4) There was no opposition to the proposal demonstrated at either considerations of the request before the Commission or Council and Mr. Flaherty's neighbor to the west had testified during' the Commission hearing that he favored granting the variance. Motion carried- unanimously. Commissioner Bowerman read the portion of the minutes which reflected the Commission's approval of a conditional use permit being issued to Craig and Mary Belisle to operate a video tape and movie sales and rental store at 2501 Kenzie Terrace. . Mayor Sundland said he agreed with the Commission' s recommendation on the condition that the City could designate the location where a- drop box could be installed. The applicant., Craig Belisle, was present and told Councilman.- Makowske he plans to keep the store open from 11 :00 A.M. to 11 :00 P.M. and to design the d_rop__box in such a manner _that -.the same type of pilfering experienced -by -other video stores would be--impossible. The Manager- indicated the hours of the former tenant, the. 7-11 Store, had matched its name . When. -Councilman Marks told Mr. Belisle that, in the past, the main concern with approving similar video operations in the City had been the possibility that X-rated materials might be shown or distributed in those stores , the franchise operator assured him that he intends to comply with all City ordinances and if they state there is to be no X-rated materials, "there will be none" . Councilman Ranallo warned him that the ordinance would be strictly enforced. Motion by Councilman Marks and seconded by Councilman Enrooth to grant a -conditiorial use permit to Mary J. and Craig M. Belisle which would allow them to operate a Video Update movie and VCR rental and sales store, as proposed, at 2510 Kenzie Terrace N.E. , under the conditions ` that: ' (.1) There would be no viewing of tapes in the store, except -for bona :fide demonstrations of tapes and no viewing would be visible from outside the store. -4- (2) The proprietors must comply with all state laws relating to • obscenity and to any ordinance of the City of St. Anthony there- after relating to obscenity. (3) Conviction of the owner or any of the employees ;.of the owner for violation of obscenity .laws in the operation_ of the store would be grounds for revocation of this permit by the City Council. (4) Traffic flow information signage be installed at the direction of the City Manager. on granting this permit, the Council finds, as did the Planning Com- mission, that: (A) The. proposed use is one of the conditional uses specifically permitted in the district in which it is located. (B) The proposed .conditional .use would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to the property values or improvements in the. vicinity . (C) The proposed conditional use is .p.ossibly necessary-or possibly desirable at the - specified location to provide a service or a . facility which is in the interest of public convenience and may contribute to the general welfare of the neighborhood or community . (D) There was no opposition to the permit demonstrated during the • hearings before the Planning Commission or Council, Motion carried unanimously. The Commission representative read the minutes which reported the dif- ferences between the Walbon counsel and the abutting neighbor to the west of the -property located at-:the southwest corner of .-.33rd Avenue N.E. and Old Highway 8 for which Irving Walbon was seeking a subdivision without platting. Many of these points of contention were again aired by Robert Halva, representing Mr. Walbon, and violet Dorumsgaard, 3612 - 33rd Avenue N.E. , who indicated she "would rather give . $2 ,000 to Mr. Walbon than to an attorney to represent her in the . . difference" . Mr. Soth said he wasn' t sure how much the costs would be for splitting the Walbon property into three parcels in order that Mrs . Dorumsgaard .courd either buy or trade two easterly feet of her own property.-for ' 69 the 4 . 29 square feet which lies in front of her picture window. He advised the Council that Hennepin County -would have to approve any . splitting of Torrance property and would probably disapprove if the split resulted in a property description which was too complicated, which Mr. Soth is certain :the City wouldn't ,want either,., . This, the .:- :Attorney..said, might well .be the case if .the interior lot line were -angled to produce two -buildable lots after, the triangle Is . removed to • straighten out Mrs. ;Dorumsgaard's property. - :In. .any event, the City i • Attorney advised none of this should be a legal concern of the City and a decision. on the request for subdivision without platting would be made independent of any negotiations between private parties . Com- missioner Bowerman concurred, saying it had been the decision - of the Planning Commission that the only question they had before them was whether to- recommend the subdivision without platting of .a, parcel which could result' in two buildable lots of approximately 9 , 600 and 11 ,000 square feet. The recollection was that the triangular piece of the property had originally been created when the County had contemplated a road improve- ment which never materialized and the Walbons had finally been determined to own the parcel and had paid back taxes for ten years on it. Mr. Halva stated his client would be willing to accept any drawing 1 of lot lines the City wants and tabling the matter. would be no problem since there are no plans to build on the property at this time . He added a delay would give him an opportunity to research just what limitations the County would place on drawing the lot lines and to, continue negotiations with Mrs. Dorumsgaard, who had also- indicated she wanted the matter tabled. Councilman Ranallo again indicated his concern about creating a non-conforming lot. Motion by Councilman Ranallo' and seconded by Councilman Enrooth to table action until the March 13th Council meeting on the Walbon -request • for subdividing without platting of their property on the corner of 33rd Avenue N.E. and Old Highway 8. Motion carried unanimously. The consideration-.of--.the final plat for the Midland Park-Addition included a discussion of the berming for that office building signage . Councilman Marks indicated he perceived it had been that signage , along with the signage for the real estate office on Silver Lake Road, which -had- been the impetus for the new Sign Ordinance: Councilman ; Enrooth said he believed the berming for the Midland Office building signage had in the long run been validated with the final elevations for County Road C. Motion by Councilman Marks and seconded by. Councilman Ranallo. to approve the final platting of Lots 3 and 4 , Block 2 , St. Anthony Office Park Addition (2817 Anthony Lane South) as the Midland Park Addition, which would combine the two lots and officially transfer a 60 foot X 212..46 foot tract of land to the westerly abutting .property.. Motion carried unanimously.. Joann -Nelson, President of Recycling Unlimited discussed :her offer to provide curb-side pickup- for recy clable :materials in the City, as her.-non-profit -,company - is now doing in Minneapolis and St. Paul, and other suburban communities . •She indicated she -would - like to begin the -service in 'St. Anthony ..'in April, at •.the same.- time the program is initiated in- New Brighton,- and Ms . Nelson indicated she hoped:;.,:in the interim; a publicity program to educate the residents about the service would be undertaken by the City. -6- Her companion distributed copies of The. New Recyclist newspaper put • out by Recycling Unlimited which provided a recycling- guide and list- ing of materials which the president said could be utilized for the City pickup. She said she would have no problem with signing a per- formance agreement since her firm's policy is to return immediately to pick up any materi-als which might have been inadvertently missed with the first collection. The Public Works Director had addressed the proposal in his February 22nd memorandum to the Mayor and Councilmen and had. advised he had informed Ms . Nelson that she would have .to obtain a garbage hauler . license to operate in the City . Mr. Childs indicated the fees could be waived because a non -profit agency was involved. The firm president- told the Council her company offers work opportuni- ties for youths and hard-to-employ people and indicated the residents ' interest in the program in other communities had almost negated pro- . blems with kids scavenging the materials which are set out for pickup. To date, her company had even had no problems with picking up used oil, as long as it is put out in tightly fastened plastic bottles and Ms. Nelson reported that, although batteries had to be handled very, carefully, they were also recyclable. Motion by Councilman Ranallo and seconded by Councilman Marks to authorize the curb-side pickup of recyclable materials in the City by Recycling Unlimited and to grant them -a garbage hauler's license • for which the license fees would be waived because the firm is non- profit. The motion also directs staff to develop a performance agreement covering a year' s service to be signed by the f_irm's representative and to publicize the availability of the service in the community, Motion carried unanimously. Councilman Enrooth''commented 'that now that it' s too late for input into the planning for the County Road D project , residents are making more calls expressing their concerns about the design, etc. Mr. Childs indicated the plans available for review in the City Hall are the final plans for the project. Councilman Marks indicated he had learned at the last meeting -of the Board of Directors for the Youth Service Bureau that the hours of a counselor had been cut back because of lack of funds . He said the former Mayor of Falcon Heights had made an empassioned plea that the program be continued somehow and the Councilman added . that the .group's representatives would soon be presenting a .request for support from St. Anthony. The February 22nd staff'notes were accepted as informational. Mr. Childs reported the: City's Community Development Block Grant. -allocation for 1984-.-;85 -had been cut-back -from $44 ,000,. last year to • $36,962 for 1984: -7- Motion by Councilman Marks and seconded by Councilman Ranallo to schedule a public hearing before the Planning Commission March 19 , 1984 , where resident input would be sought regarding the projects which would be funded from the City,.' s Year- X CDBG allocation-. Motion carried unanimously. In his February 27th memorandum, the Public Works Director had advised the Council that after televising Well #2,. which is to be abandoned, the State Health Department had recommended that concrete grout- be used as :fill and that Layne Minnesota had given a quote of, $3,741- for the grout'; .equipment and some of the labor. Mr. Childs said that: there would be no need -for- a ready-mix truck to stand by. - Motion by Councilman Marks and seconded by Councilman Ranallo to accept the quotation -from the Layne. Minnesota Company for filling Well #2 , with costs not to exceed $4 ,000. - Motion carried unanimously. Mr. Hamer had advised in his- February 24th memorandum, that he had received three bids .for the air conditioning unit which would be installed on the roof .in conjunction with the Police Department office remodeling project and had recommended the lowest should be accepted. Mr. Childs indicated- the bid did not include the wiring. which he. -believes he• can get done for a couple hundred dollars by a contractor • who has previously done work for the City. Motion by Councilman Ranallo and seconded by Councilman Enrooth to accept the bid of $2 ,79�2' and award the contract to Maple Grove Heating and Air Conditioning, Inc. to furnish and install a carrier roof top air conditioning unit for the new police offices . Motion carried unanimously. The Manager -reported the 1984 union contract with the Fire Depart- ment represented a 4 . 2 percent raise in wages and $15 per month towards insurance. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt Resolution 84-015. RESOLUTION 84-015 A RESOLUTTION RATIFYING- THE 1984 AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320, REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, Motion carried unanimously. • Mr. Hamer, had .;reported 'in :his February 24th .memorandum that. .the pro- blems which had developed at the 33rd Avenue pressure station -would require the -installation of .a flow meter to .control the pressure and _had recommended the City accept the lowest bid for the job. • Motion by Councilman Ranallo and seconded by Councilman Marks . to accept the bid of $1, 773 from. Munitech, Inc. for the equipment. and installation of the flow meter which would be paid from the City Water- Repair Fund. Motion carried unanimously. The Marketing Report from the. Council/School Board Marketing Committee had been included in the Council agenda and consideration was. .g.iven -to the recommendations for further action and that the name of the Parkview Community Center more accurately reflect the desire of the City residents that the community remain a "village" rather than a "city" . Mr. Childs indicated the school board had already authorized the name of the building be changed to "St. Anthony Village Community Center" for which signage is being planned. The Council concurred with the Committee that their numbers should be expanded to include other persons from the community who had special expertise to market the community. Mayor Sundland indicated he would like to see the new body developed to resemble the Kenzie Terrace Task Force, without which he is- certain the Kenzie Terrace Redevelopment Project would never have materialized. Motion by Councilman Marks and seconded by Councilman- :Enrooth to , adopt the Joint School Board/City Council Marketing Committee Report and to instruct staff to begin implementing the report recommendations . Motion carried unanimously. The Manager announced there would be a Metro Waste Commission meeting on chemicals March 15th. He also reported that at the last meeting of the Municipal Caucus that body had developed a resolution which would urge the State Legislature to freeze local aids at their 1984 levels , at least until such time as the legislators "can undo some of the damage which had been done to some suburban municipalities" . Motion by Councilman Marks and seconded by Councilman Makowske to adopt the resolution which urges the State Legislature to freeze all local ., government aids at their 1984 levels for 1985 and to request the, reconsideration of the aid formula be initiated at the next legis- lative session. RESOLUTION 84-016 A RESOLUTION RECOMMENDING THAT THE STATE OF MINNESOTA LOCAL GOVERNMENT AID FORMULA BE FROZEN FOR FISCAL YEAR 1985 Motion carried unanimously. Mayor- Sundland' ,rep"otted Mayor Fran, Fogarty of Blaine had requested the City's_, support for :A :race track 'in Blaine, 'for which Mayor .Sund-land • _9� Perceived there would be little interest on . the Council. Councilmen Ranallo and Makowske . indicated they ivould' have no interest .in sup- porting such a facility any. where ,else either. Motion by Councilman Ranallo and seconded by Councilman Enrooth to . adjourn the meeting at 9 : 30 P.M. for the St. Anthony Housing and Redevelopment Authority meeting which was scheduled to follow im- mediately. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST: City Clerk • 5 i F e i i t 1 3 i i