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HomeMy WebLinkAboutPL PACKET 05151984 Meeting Sheet 11110 VIII lingo 11011 VIII VIII IIII IIII 100398 Box: 15 Folder: PL PACKETS 1984 Document: PL PACKET 05151984 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA May 15, 1984 7 : 30 P .M. 1. Call to Order. 2. Roll Call. 3 . Minutes . a. Planning Commission - April 17, 1984 . 4 . Designate Commission Representative to the Council Meeting on May 22 , 1984 . 5. Public Hearings . a. - 7: 35 P.M. - Kentucky Fried Chicken conditional use. b. 7: 45 P.M. - Howard Krueger variances , re : 3631 Harding Street N.E. c. 8 : 15 P .M. - Ken Hiebel fence variance , re : 3341 Skycroft Circle. 6 . Old Business . 7. New Business . a. Concept Review for 4017 Fordham Drive (_lot split and variance) . 8. Miscellaneous . 9 . Adjournment. CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES April 17, 1984 The meeting was called to order at 7 : 33 P .M. by Chairman Zawislak. Present for roll call: Wagner, Zawislak, Jones , Franzese , Bjorklund, and Hansen. Absent: Bowerman. Also present: David Childs , City Manager. The following change was made in the April 3 , 1984 Planning Commission minutes before a vote of approval was taken: Page 5 , line 51: Delete the word "parking" . Motion -by Commissioner Franzese and seconded by Commissioner Hansen to approve as amended the Planning Commission minutes of March 19 , 1984 and April 3, 1984 . Motion carried unanimously. • Ken Hiebel, 3341 Skycroft Circle , was present for a concept review for a proposed 8=foot fence> on his side yard to screen the view from his dining room-window- to neighboring properties. The fence would be 1 X 4 cedar and would attach to his 6 foot swimming pool fence. Mr. Hiebel stated that he had not yet spoken with his neighbor about the fence , but felt that there would not be any objections . The Commission also discussed the proposed open rafters and interpreted the zoning ordinance to allow such features within 3 feet of the side lot line , thus requiring a variance , since Mr. Hiebel proposes to come within 6 inches of his lot line. The Commissioners had the following comments : Commissioner Franzese believes that his yard is very well landscaped and that Mr. Hiebel should be allowed to screen out a bad view of other property. Commissioner Jones feels that the fence/rafters are well planned and a nice addition. Commissioner Jones would support the request for rafters and fence height if a letter of support from the neighbor is received. Commissioner .Wagner feels it is a good proposal and reserved final judgement pending input from the neighbors . Commissioners Hansen and Zawislak were in general agreement with the others. -2- Commissioner Bjorklund indicated he would approve an even higher side yard fence. He disagrees , however, with higher than a 6 foot fence acorss the front. Because of concerns for fire access regarding the rafters , Commissioner Bjorklund sees potential for setting a bad precedent for gazebos , trellises , sheds , etc . , causing the City to lose control of such fixtures in the future. If the rafters were four feet on center, he would not object, but 16 inches on center is questionable. Mr. Hiebel thanked the Commission and will formally apply for a variance to be considered at the May 15th meeting. Howard Krueger appeared before the Commission for a concept review concerning property at 3631 Harding Street N.E.' for rezoning to R-2 (duplex) . Mr. Krueger proposed a duplex with a walkout at the rear designed to look like a single family dwelling from the street . The Commission liked the plan very much and found that it is adjacent to R-2 zoning, but that the City's Comprehensive Plan shows the pro- perty as single family. The Commission' s reactions were : Commissioner Bjorklund would like the request tied to Mr. Krueger ' s plan. If it is acceptable to the neighbors, he would approve it. Commissioner Franzese believes the plan would be a real addition to the neighborhood, but will weigh neighborhood opposition in her decision. Commissioner Wagner feels that it is an excellent plan and would favor . a rezoning. Commissioner Hansen feels it is a good proposal mainly because it looks like a single family home and also because the garages would be on the side adjacent to the neighboring duplex rather than the single family residences side. Commissioner Jones would also likethe plan tied to something and suggested that it be tied to the required variances . The other Commissioners agreed with this . Commissioner Zawislak agreed with Commissioner Jones but would listen to the neighbors . He also suggested that Mr. Krueger contact them. The Commission discussed the Craig Morris sign and suggested that the City Manager meet with Mr. Morris to try to negotiate a more aesthetically pleasing sign as an alternative to removal of the sign by action of the Commission and City Council . -3- Motion 3-Motion by Commissioner Jones and seconded by Commissioner Bjorklund to recommend that the City Council not grant cigarette licenses to any establishments that allow the opportunity for unsupervised . minors to buy cigarettes . It was discussed that more careful review at license renewal time regarding cigarette machine location would handle the problem. Motion carried unanimously. The Planning Commission then began a 20-30 minute brainstorming session with respect to a six year Capital Improvement program, in- cluding discussions about streets; sewers; water lines, reservoirs and contamination; City Hall , liquor store and .Fire Department build- ings (locations) and equipment; parks and park facilities; as well as possible coordination with long-range planning at the school. Discussion also touched on undergrounding electric and other utilities and numerous other areas. The City Manager will bring back preliminary proposals in several of the areas discussed at the next meeting. The Commission also .discussed the Marketing Committee report as an informational item and commented that the identification as "St. Anthony Village" seems to be acceptable to the majority of residents . • Motion was made and unanimously approved to adjourn the meeting at 9 : 45 P.M. Respectfully submitted, David Childs , City Manager l CITY OF ST. ANTHONY —REQUEST FOR PLANNING COW4ISSION—ACTION------------------ ---------------- ----------------------------- Date Submitted Type of Action Requested Agenda Item Number May 11 , 1984 Concept Review Public Hear i ngs-a Date Action X Formal Action/Motion Title Requested Informational Other Kentucky Fried Chicken May 15, 1984 Conditional Use TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager -------------- SUMP4ARY DISCUSSION OF SUBJECT: This is a request from Kentucky Fried Chicken, 2520 Kenzie Terrace, to add a 7' X 16'8" addition in conjunction with a major face- lift for the restaurant. Since the restaurant is within 250' of a residential zone or structure, a conditional use permit is needed to allow the expansion. No objec- tions: have been received, no traffic flow problems have been experienced due to the new video store and the plan contains 15 spaces - 14.6 are required . ALTERNATIVES : Approve, modify, or deny. RECOM:iENDATION: Staff recommends approval . Please note that detailed plans are available at the City offices. ATTACHMENTS : X Plan X Application Form 7— Mailing List Letters of Support/Objection V— Notice of Hearing CITY MANAGER'S REVIEW: C011MENTS : r CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT Notice is hereby given that there will be a public hearing before the Planning Commission of the City of St. Anthony on Tuesday, May 15 , 1984 , at 7: 35 P .M. , in the Council Chambers of the City Hall , 3301 Silver Lake Road (.enter northeast corner) for the purpose : Consideration of a petition for a conditional use permit . Granting of the permit would allow for remodeling of the interior and exterior of the Kentucky Fried Chicken restau- rant located at 2520 Kenzie Terrace N.E. Interior remodel- ing would include the dining room and restrooms . Exterior improvements would include a new mansard and cupola, yard lighting, landscaping, parking lot resurfacing and striping, and the addition of a front vestibule. Anyone wishing to be heard in reference to the above shall be heard at said time and place. David M. Childs City Manager Publish: May 2 , 1984 . • 11AILING LIST - KENTUCKY FRIED CHICKEN, 2520 Kenzie Terrace 4/84 Lowry Grove Glen Gavic Arthur Tombarge 2501 Lowry Avenue N.E. or Occupant or Occupant St. Anthony, 1114 55418 2605 Lowry Avenue N.E . 2609 Lowry Avenue N.E . St. Anthony, fill 55418 St. Anthony, fiN 55418 Roger Kemp Carl Hickerson Maurice Gallant or Occupant or Occupant or Occupant 2613 Lowry Avenue N.E. 2617 Lowry Avenue N.E. 2621 Lowry Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, fL4 55418 Vernon. Lundeen Greg Steiner Lloyd Helm or Occupant or Occupant or Occupant 2538 Kenzie Terrace 2542 Kenzie Terrace 2546 Kenzie Terrace St. Anthony, MN 55418 St. Anthony, MIT 55418 St. Anthony, MI4 55418 William J. Wojcik flax Saliterman Richard Tollefson or Occupant 25 University Avenue S.E. 1123 Monroe Street 2548 Kenzie Terrace Minneapolis, M14 55414 Minneapolis , fill 55413 St. Anthony, IiN 55418 udCc N4J111 ��, 1964 Fee: $100 .00 CITY OF ST. ANTHONY Application for Conditional Use Permit (other than day care center) Applicant Schenck & Associates, Inc. Phone 233-2057 Address P.O. Box 36, 327 E. Vine Street Lexington, KY 40507 Status of applicant (owner, buyer, renter, agent, etc. ) Legal description of property in question (See Attached) Street Address 2520 Kenzie Terrace Zoning district in which property is located C Commercial Conditional use proposed Restaurant (Remodel) Minnesota statutes and City ordinances require that the following conditions be satisfied before a conditional use may be authorized: Yes No 1 . The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. Yes 2 . The proposed conditional use will not be detrimental to the health, safety or general welfare of .persons resid- . ing or working in the vicinity or injurious to property values or improvements in the vicinity . Yes 3. The proposed conditional use is necessary or desirable at the above location to provide a service or .a facility which is in the interest of public conveni- ence and will contribute to the general welfare of the neighborhood or community. Yes Explain: See Attached • (use additional sheets -if necessary) AAAA1 ignature .of Applicant A° 23 1 0 D 10 0.00�K The proposed conditional use is a remodel of an existing Kentucky Fried Chicken Restaurant. Our proposal will include improved service and dining facilities, improved restroom facilities and new entry vestibule. Exterior improvements include new mansard and cupola, yard lighting, landscaping and parking lot resurfacing and striping. These improvements are in line with. Kentucky Fried Chciken Restaurant image enhancement program and will be a welcome addition to-.your community. i • Z � 5 T LEGAL r.R_SC?.I?TION T::e �:at 2l_ feet of the following s' described tract of land,d, to wit: of �:e :ort'n est Q, arter of Sactio n 7, To-.—ship 29, Range 23, described as zle:rin.._'.7 or. _Z.e south _1:e of saki Northwest, Quarter, at the point :e sowt ea5tcr_y l.nc of t::e "old St. Art:cry and Taylor' s rills -d", so-CLI ed; t:e.^.Ce CaGt along Diad sout-h line Of said ":ortxm3t, Quarte_ a distance of 40..47 feet; t hence north. at r►ght an-les 193.7 feet; 6hence west at --i; Ln;;las 162 57 feet to a pointIn, t e southeasterly line of said --cad; thence sou t:::ester;y 310.80 feat along said lust nazzed lire to the point of beginning. ^• cget her .-it and includi-ng t'.^.at part of 110-11-d St. A.:tho ny anTaylor' s :alls Road" ly-ng soot:easterly of the ce ntar lire of ' Old St. Anthony and Taylor' s Falls Road" and !.Y+-n,-, bct:ree: a :westerly extension in a straight line of the south line of the _;__•cal hereinabove first described; (part of said road now having been vacated). Wis lies easterly of the fol ow.Ln o descriced lire: Ran i:._nZ at t"he sout::west corner of the No:-th"lest Quaker of said Section 7; thence east along the south line thereof a G�stance of 413- feet to the actual point of beginning of t'-3 line to be described; - ence northwesterly deflecting to the left With an angle of 140 degrees a distance of 200 feet and there terminating. The ,ovc cece:ibcc:_prcperty is subject to the rights of the public in the ease.^..ent for roadway pu -i;ozes in that part of all the foregoing described lands lying wit:-14 a distance of 40 feet on the souLk:he-aste:lV side -of the center .line of Co.:nty Road iso. ,1 ( ' .._. as .:cn_ie Te--__ .d), t'--- ..W�c _s notod and doo_g natcd in :c Notice of Ccndcrr:aticn in ::en:.epin County District Cour t Rile ::To. 209247; w. ch center line is (there-4n) described as follos:s: Bei inning at the southwest corner Of Said NVo_:I"h'1135" Q-aarter I-an ea:itcr, Gn 4%-,',-e Sout erly boundary thereof for a t' distance of 10.2 feet; thence deflect to the left on a 6 degree and 40 minutes S. c=!%..,, delta angle 30 degrees, 50 minutes and 30 seconds, for a distance of 584.1 fait; t thence on a tangent to said carve for a distance of 1844.2 feet and there r ter.:.i na ti: x I 163.6' I _ N = I •t• SQ. -� ---- ADDITrop c I EXISTING KFC BUILDING / - Li - _ LAWN 164.08' �3 /- - i , CITY OF ST. ANTHONY REQUEST-FOR-PLANNING-COMMISSION-ACTION------------------ Date EQUESTFORPLANNINGCOMMISSION—ACTION------------------ Date Submitted Type of Action Requested Agenda Item Number May 11 , 1984 Concept Review Public Hear i ngs-b X Formal Action/Motion Date Action Title Requested Informational Other Howard Krueger - May 15, 1984 Rezoning/Variance ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager SUMPZARY DISCUSSION OF SUBJECT: This is a request from Howard Krueger for re- zoning from R-1 to R-2 duplex. at 3631 Harding Street. A variance is also required since the lot is 5 feet narrower than the required 85 feet and 1 ,600 square feet smaller than the required 12,000 square feet. The lot is adjacent to singlefamily zoning on the south and duplex on the north and the City's comprehensive plan shows the parcel planned as single family. Mr. Krueger proposes a house as .shown by the attached plans. 1 received a call from the neighbor immediately south of the proposed rezoning (Harvey Herzog, 3627 Harding) . He indicated he had originally told Mr. Krueger that he did not object, but had reconsidered and is now against the rezoning. • ALTERNATIVES : RECOWIENDATION: As previous 1 y discussed by the Commission, this request seems acceptable unless the neighbors object. In this case, the immediate neighbor objects but others have not, .thus making the decision more complex. ATTACHMENTS : X Plan X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : • CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION REZONING PETITION Notice is hereby given that there will be a public hearing before the Planning Commission of the City of St. Anthony on Tuesday, May 15 , 1984 , at 7: 45 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (.enter northeast corner) for the purpose : Consideration of a petition for a variance from the City Zoning Ordinance .in regard: to lot width and. size, to allow for the building of a two-family dwelling. The petition was filed in regard to that property described as that part of Lot 2 lying North of the South 41 feet thereof and West of the East 130 feet thereof in Block 2 , Gardena Acres . Con- sideration will also be given to an application to rezone the above described property (also known as 3631 Harding Street N.E. ) . from R-1 (single family residential) to R-2 (_two family residential) . Anyone wishing to be heard with reference to the above matter shall be heard at said time and place . David M. Childs City Manager Publish : May 2 , 1984 . • Date April 20, 1984 • Fee: $100 . 00 CITY OF ST. ANTHONY Petition for Rezoning Applicant Howard W. Krueger Phone 789-2798 Address 3420 Coolidge Street N.E. , St. Anthony, MN 55418 Status of applicant (owner, buyer, lessee, etc. ) owner Legal description of property proposed for rezoning That part of Lot 2 lying Northl:of the South 41 Feet thereof and West of the east 130 feet thereof in Block 2, Gardena Acres. Street Address 3631 Harding Street N.E. Presently zoned R-1 Proposed zoning change to R-2 • 1. Attach to this petition a statement as to why this zoning change is requested. - - 2 . If an entire parcel of land is proposed to be rezoned, submit with this petition a map or plat showing the land proposed to be rezoned and all lands within 350 feet of its boundaries . 3. If a portion of a larger parcel of land is proposed to be rezoned, submit with this petition a preliminary plat prepared in accordance with Sections 330: 00 through and including 330 :20 of the St. Anthony Code of Ordinances . l.2 Signature of ApplicarLf- Signature of Owner (If other than applicant) • •.nL I Q Yt9 0 100 1000`K • Petition for Rezoning Howar d W. Krueger 3420 Coolidge Street N.E. St. Anthony, MN-55418 I request this zoning change to enable building a two family dwelling. Because of the drop in the terrain from the street to the back of the lot, this would allow utilizing the .walk-out basement as an apartment. My purpose is to live .on the main floor (which would be at street level) and allow for an apartment to be used by a parent or rented on the lower (basement) level. The lower level would be completely above ground at the back of the lot (east) allowing for walk out on that side. • LC1 l.0 : Hp f 1 1 LU, 1 hv4 Fee : $25.00 R- 15 . 00 Other . . . . . . . $25 . 00) • CITY OF ST . ANTHONY PETITION FOR VARIANCE Applicant• Howard W. Krueger Phone : 789-2798 Address : 3420 Coolidge Street N.E. , St. Anthony, MN 55418 Status of applicant (owner , buyer, renter , agent , etc. ) : owner Legal description of property petitioned for variance : That part of Lot 2 lying North of the South 41 Feet thereof and West of the East 130 feet thereof in Block 2, Gardena Acres. Street address • 3631 Harding Street N.E. Zoning district in which property is located : R-2 Request : variance on lot width and size to allow building of two family dwelling. Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement is Yes , please explain , using additional sheets . Yes No • 1 . Because of the particular physical surroundings , shape , or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship , as distinguished from a mere inconvenience should the applicable ordin- ance be strictiv enforced . 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district . 3 . The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in. the- parcel of land. Pursuant to Section 15 , Subd. 5 , of the City of St. Anthony Zoning Ordin- ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . Signature of ppli nt 2 5 h Signature o wner other .� 0 than applicant) Petition for Variance • Howard W. Krueger 3420 Coolidge Street N.E. St. Anthony, MN 55418 1. I seek variance to permit building a two family dwelling, since the City of St. Anthony Zoning Ordinance requires a slightly wider and larger parcel. Without this variance it is impossible to secure a building permit. 2. This variance is sought, not to increase the value of the parcel of land, but to make it possible to utilize it for construction of the proposed building. 3. This variance is sought to alleviate the difficulty caused by City ordinance requiring minimum width and size for the purpose of R-2 construction. Variance would allow proposed building to be constructed. • 1MAILING LIST - 3631 IIarding 4/84 9 1 4 a Oprican "monarch Richard Tollefson Fred Witzigman 01-37th Ave. N.E. 1123 Monroe St. N.E. 2600-03-37th Ave . N.E. St. Anthony, till 55421 Minneapolis, MN * 55413 St. Anthony, MN 55418 i t f Duane Duerre North East Realty Douglas Tanner 2606-04-37th Avenue N.E. 2191 Silver Lake Rd. 2206 St. Anthony Parkway n St. Anthony, tut 55418 New Brighton, IIN 55112 11inneapolis , MN 55418 For: 260E-10-37th Ave . N.E. For: 2G12-37th Ave. N.E. George Stroncek Plichael McClallan Donald Johnson a or Occupant or Occupant or Occupant 3609 Edward St. V.E. 3617 Edward St. N.E. 3621 Edward St. N.E. St. Anthony, 1114 55418 St. Anthony, MI1 55418 St. Anthony, tIN 55418 Leroy - Larwick :Joseph Koenigsmark Mike Mihalchick or Occupant or Occupant or Occupant 3625 Edward St. N.E. 3629 Edward St. N.E. 3600 Harding St. N.E. St. Anthony, 1111 55418 St. Anthony, MN 55418 St. Anthony, ',L1 55418 John T. I:ripotos William LaBissoniere Rick Werenicz �Occupant or Occupant or Occupant 1 Harding St. N.E. 3605 Harding St. N.E. 3610 Harding St. N.E. St. Anthony, 11N 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Ted Dziedzic Mykola Jakimetz Steven Olson or Occupant or Occupant or Occupant 3611 Harding St. N.E. 3612 Harding St. N.E. 3615 IIarding St. U.E. St. Anthony, PIN 55418 St. Anthony, M4 55418 St. Anthony, PLN 55413 William Sauer Kenneth Girard Jim Mancino or Occupant or Occupant or Occupant 3620 Harding St. N.E. 3621 Harding St. N.E. 3626 Harding St. U.E. St. Anthony, I&N 55418 St. Anthony, M21 55418 St. Anthony, MN 55418 Harvey Herzog Carl Jarvi M. E. Johnson or Occupant or Occupant or Occupant 3627 Harding St. N.E. 3632 Harding St.- N.E. 3600 Coolidge St. Anthony, PIN 55418 St. Anthony, MN 55413 St. Anthony, MN 55418 Reverend A. H. Mjorud Albert Meister Emil Crepeau or Occupant or Occupant or Occupant X04 Coolidge 3608 Coolidge 3612 Coolidge ., Anthony, PIU 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Carl 11. Olson, Jr. Keith BaDour Robert Victorine or Occupant or Occupant or Occupant Art, i ('nn1 4 1616 r'nnl i('1_ae 3617 Coolidge 3631 Harding O. Elden Johnson James Reierson Thomas J. Schlosser • or Occupant or Occupant or. Occupant 3620 Coolidge 3621 Coolidge 3625 Coolidge St. Anthony, 121 55418 St. Anthony, M14 55418 St. Anthony, MN 55418 .Merlin Bjorke Gunta Rozenthals Elmer Beerman or Occupant or Occupant or Occupant 3626 Coolidge 3629 Coolidge 3632 Coolidge St. Anthony, ZIN 55418 St. Anthony, M11 55418 St. Anthony, 14N 55418 Walter Kantorowicz Andrew & Raymond CyrytHoward McHugh or Occupant or Occupant - or Occupant 3633 Coolidge 3635-37 Coolidge 3640 Coolidge St. Anthony, 1111 55418 St. Anthony, M14 55418 St. Anthony, IU4 55418 Grant Helmer Edward Cyryt Dieterich Dehnhard or Occupant or Occupant or Occupant 3612 Belden Drive 3620 Belden Drive 3626 Belden Drive St. Anthony, PUP 55413 St. Anthony, M14 55418 St. Anthony, MN 55418 Ivan Peloquin Richard Johnson Stanley Worwa or Occupant or Occupant or Occupant 3630 Belden Drive 3634 Belden Drive 3G38 Belden Drive St. Anthony, 11N 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 3420 Coolidge Street N.E. St. Anthony, Mn 55418 April 6, 1984 Dave Childs Village of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Dave, I would like the opportunity to meet with the Planning Commission to ask for a concept on changing the zone from R-1 to R-2 for a two family dwelling and variance on lot size. The property is located at 3631 Harding Street N.E. The legal description is "That part ofLot 2 lying North of the • South 41 feet thereof and West of the east 130 feet thereof inBlock 2, Gardena Acres". I would like the zoning change and variance to build a home that would utilize the walk-out basement as an apartment. My purpose is to allow an apartment for a parent to live in now and having the home as a retirement home that would provide some income from the apartment rental, later on. Sincerely, Howard W. Krueger f � 4 rally E• - ,� atAf+ 5 .t [ j 4r+•a4 lot + f f. 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ANTHONY i- ----- -----------REQUEST-FOR-PLANNING-COMMISSION-ACTION------------------�--- -------- --- Date Submitted Type ,of Action Requested Agenda Item Number May 1 1 , 1984 Concept Review Public Hear i ngs-c Date Action X Formal Action/Motion Title Requested Informational Other Ken H i ebe 1 Fence May 15, 1984 Variance ----------------------------------------------------------7------------- .TO: St. Anthony Planning Commission FROM: David M. Childs, City Manager ------------------------------------------------------------------------ S,UMMARY DISCUSSION OF SUBJECT: This is a request from Ken Hiebel for a fence variance for his property at 3341 Skycroft Circle, As discussed by the Commission, objections by the neighbors should be considered and we have received no objections. Other issues seemed to be related to the proposed open rafters which would technically be defined as a porch, eave or architectural attachment to' the house. The ordinance allows projection to within three feet -of the side property line. ALTERNATIVES : Approve, modify, or deny. RECOM: ENDATION: I believe that this request has two parts . I recommend approval of the fence variance as requested, but have reservations about allowing the "ornamental" feature closer than 3 feet from the property line, both for fire pro- tection reasons as well as the precedent it could set. ATTACHMENTS : X Plan X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER'S REVIEW: COt1MENTS : • CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday , May 15 , 1984 , at 8 :15 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (.enter northeast corner) for the purpose: Consideration of a petition for a variance for the erection of an 8 foot wood fence. The petition was filed in regard to that property described as Lot 26 , Block 2 , St. Anthony Terrace Manor Addition (.3341 Skycroft Circle) . Granting • of the variance would allow for an 8 foot , l" X 4" cedar boards , fence, mounted vertically on said property . Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881 . David M. Childs City Manager i U d�.c: : -- . Fee : --erg c • CITY OF ST . ANTHONY PETITION FOR VARIANCE Ala aE Applicant: A&AJA/6rT. h//E3cti Phone : CAFICA9 Address : 3.341 sit y CA*F r CiRC(-F Status of applicant (owner , buyer, renter , agent , etc. ) O(+y•.r%2 Legal description of property petitioned for variance : Lar ZQ, 6L4c©C Z- , ST• Apir000.y Tc "o"4 M-A"o4 Ao D jkj Street address : .3341 SxyC,eomr ClRc.L.6; Zoning district in which property is located : �SiDENrj.gL. Request:' VAA1Aac4 A'o.g AC-aect- AA& C Nr Ta 8 ore-&r Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement. is Yes , please explain , using additional sheets . Yes No • 1 . Because of the particular physical surroundings , shape , or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship , as distinguished from a mere inconvenience should the applicable ordin- ance be strictly enforced . 2 . The purpose of the proposed variance isnot based exclusively upon a desire to increase the value or income potential of the parcel of lard , but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district . X 3 . The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in- the parcel of land. X Pursuant to Section 15 , Subd . 5 , of the City of St. Anthony Zoning ordin- ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel- lies . • SignatureCdf Applicant Signature o_ caner o er than applicant) MAILING LIST - 3341 Skycroft Circle (Hiebel) 4/84 Boris ,Boskovich Leonard .Kopka . , William L. Klufa • or Occupant or Occupant or Occupant 3312 Skycroft Circle 3316 Skycroft Circle 3320 Skycroft Circle St. Anthony, t4N 55418 St. Anthony, MN 55418 St. Anthony, 11N 55418 James Baustert Brent Blackey Robert J. St. Cyr or. Occupant- or Occupant or Occupant 3324 Skycroft Circle 3,328 Skycroft Circle 3329 Skycroft Circle St. Anthony, MN 55418 St. Anthony, M-N 55418 St. Anthony, MN 55418 Maurice Hugill Robert Follen Leonard Krumrie or Occupant or Occupant or Occupant 3337 Skycroft Circle 3400 Skycroft Circle 3401 Skycroft Circle St. Anthony, MN 55418 St. Anthony, .MN 55418 St. Anthony, MN 55418 Lowell Thompson Bryon Simonson Willard Wagner or Occupant or Occupant or Occupant 3405 Skycroft Circle 3427 Skycroft Drive 3.331 Skycroft Drive St. Anthony, . MN 55418 St. Anthony, M21 55418 St. Anthony, MN. 55418 Robert E. Peterson Jerome 14. Cowan Arne Holmberg or Occupant or Occupant or Occupant 3312 Croft Drive 3316 Croft Drive 3320 Croft Drive St. Anthony, M11 55418 St. Anthony, MIN 55418 St. .Anthony, 11N 55418 Jeffrey Weiner Orrin Collett Gene Swaja or Occupant or Occupant or Occupant 3321 Croft Drive 3324 Croft Drive 3325 Croft Drive St. Anthony., M11 55418 St. Anthony, MN 55418 St. Anthony, M11 55418 Reverend Dayton Hultgren Tom Bieniewicz Robert L. Goodsell or Occupant or Occupant or Occupant 3400 Croft Drive 3401 Croft Drive 3404 Croft Drive St. Anthony, IRR •55418 St. Anthony, 14N 55418 St. Anthony, MN 55418 Merrill Lynch Gordon Lavalley Gene Wiley Corporate Homes Department or Occupant or Occupant 1501 W. 80th St. 3404 Skycroft Circle 3333 Skycroft Circle Bloomington, MN 55431 St. Anthony, - MN 55418 St. Anthony, MN 55418 Re; 3329 Croft Drive r i 1 M' MM V I �U m Z 17r�1ruG Q,00� 0 rL 10 e � - �, �A�OASc� �EaG6. '�6�iGNT Vi�/1,►,4NCE I � � I �3�1 3�CyGeo�r C/✓�Lc_.E =1 x � I �j �EAX6 A-fo4-TL-y2 r A I.cJUcI e.D 8 6 C °• X 4 CED.4 Bo. -"S - moUNrw/L 1 Eyt,sr,ug cftA4 - �euUGN sa-w69 Fee wc� I 1 Fi=NLc- woo•-O Q6 S7A.N6V TO M-&Tt4 GiX�$T/NV 1 15PtjG IEtc 1577 iv G C.C.IC I I 5-2-84 I a CITY OF ST. ANTHONY ----REQUEST FOR PLANNING COMMISSION ACTION Date Submitted Type of Action Requested Agenda Item Number _X Concept Review New Bus i ness-a May 11 , 184 . Formal Action/Motion Date Action Informational Title Requested Other Concept Review - May 15, 1984 Lot Split/Variance ------------------------------------------------------------------------ TO: St. Anthony Planning -Commission FROM: David M. Childs , City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: This is a request for a variance and lot split concept review for Lot 9, Block 4 Moundsview Acres (4017, Fordham Drive) . The appli- cant, Mike McGinn, 4021 Fordham, proposes to split the 124.5 X 295.9 foot property into two 62.25' X 295.9' lots. The resultant lots would have adequate square foot- age but would be narrower than the required 75' width. It is apparent that precedent exists for such a split since lots -5, 6 and 10 in Block 4 have previously been similarly split. Four lots on the south end of Fordham between Fordham and Shamrock were also created with 62 foot widths (.see circle on map around area) . An additional bonus is that the existing, substandard home on the property will be removed and two new single family homes would be constructed without a subsidy such as tax increment, etc. ALTERNATIVES : RECOM!TENDATION: Per Commission. ATTACHIIENTS: _ X Map of SNJ !ct Area. Application Form Mailing List Letters of Support/Objection Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : N I y1 1 Y—Wis Raj��,�( I .�; 1 O i`� p/�q�,� - •s'.'(� `• V. N PEW. 7 1 . � G r I 1 > 1 IC w 1 I e-,1-c♦ e.lu SBIB Dear 7De2► - _ SiLv Z36-101 Itse .n bD 9 - j 3 9B•d6 rl NSKE : t e 20 �� , It I vi -0 0 h 2 a 90' - 4c I�- - — _298,96 R a 10 . d Q la i1 4 ' �� ; , �p I.. '1°9 .42 ac N Yt q d n :YLJLJ ;ti 6 m: 19 ����e,>, 000�• a mfr z 3 ~• J P41 U8 -' lop .4ZK,LLJ I Som .... 6 D• 9A cs ,zo ® to ' :• +p O r Cwt 4a , I 9 1ee.1s' 109.E a� 96.E6 3 v o��`'� 1.6 O A. 2 � IT �p5 295.9 • I K.&0_lc I ' Vi I legQ• 4 O 3 4_:_4 •• �0. i_ _ i41 r1*96'. 0 � 1 451.61 . ?Ss 9c1�5 AoCD I M 9` 4 a - o d, 16 2 Hai 9 S 6 O :� F ^ 1s Lr 1n/ 30 � — 1 —i 30— Lst !_ Aq. z9a e57 �JO 7 OR 14 `Y I 5 �0 �" � f I� ,' g F tee° �? w.: ,,, i ro 11� obIL&q a 1 - , _ �OJ f% L � Th 0• 9 rl 0 6 .S Ise' its I�s.o • L --+1. r a 1.:� 6 , 9 1 bl�• r ; 49 IN o •at � L �/ �` 12 1 OJ _ 2 11 S w 194 13 � Ni 1 0 13 `� / 'SO" N ��C;O Os�o t98.ss4 • CITY OF ST. ANTHONY COUNCIL MINUTES April 10, 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; Larry Hamer, Public Works Director; and Representatives of the Police Department, Chief Don Hickerson and Captain Jack Thoemke. Motion by Councilman Makowske and seconded by Councilman Marks to approve as submitted the minutes of the Council meeting held March 27 , 1984 . Motion carried unanimously. Motion by Councilman Marks and seconded by. Councilman Enrooth to grant the following licenses listed in the April 10th Council agenda, with the exception of the temporary beer permit which had been tabled for further information at the March 27th meeting: • Contractors Licenses Mark A. Sass; R. J. Peterson & Sons ; Burr Oak Builders , Inc. ; Northland Services , Inc. ; Kraus-Anderson. Service Station Mico Oils Co. , * Inc. , 2400-37th Avenue N:E-: ;' Don' s Apache Auto Wash, 3725 Stinson Boulevard; J & S Auto Service, dba Apache Mobil, 4000 Silver Lake Road; Sroga' s Union 76 , 2700 Kenzie Terrace. Heating Licenses Noel' s Heating and Air Conditioning, Inc. Cigarette Licenses Woodside Enterprises for Bakers Square , 3701 Stinson Boulevard. Motion carried unanimously. Councilman Makowske moved that the application for a temporary beer permit from Casey Scott for the June 9th softball tourneament be taken from• the, table. She then indicated that, because she perceived • might be unfair to change a Council practice "in midstream" , she would approve this application, but reserved the privilege of making changes in the Ordinance which established these permits . � w -2- Councilman Marks requested the consideration of modifying Section 220 , • Parks, of the City Ordinance be placed on a future agenda. - ---- Councilman Ranallo indicated he perceived there might be a need for revamping many of the City ordinances but he was opposed to "picking and choosing" ordinances to be rewritten and suggested that Council- man Makowske look at all the ordinances and recommend a general revamping of any she considers need changing. Councilman Marks responded that, it was not unusual for the Council to rewrite ordinances , citing as an example the water and sewer rate ordinances which are up for their second reading that evening. Voting on the motion made March 27th by Councilman Enrooth and seconded -by the Mayor to grant a temporary 3 . 2 beer permit for parks to Casey Scott, 2613 - 27th Avenue N.E. , which would permit the consumption, but not sale of beer, during the softball tournament to be held in Central Park from 7: 00 A.M. to 9 : 00 P.M. , June 9 , 1984 : Aye : Enrooth, Sundland, Ranallo, and Makowske. Nay: Marks . Motion carried. Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of all verified claims listed for March 31st and April 10 , 1984 . Motion carried unanimously. Two members of the Planning Commission, Chair Zawislak and Commissioner Hansen, were present and the Chair reported actions taken and recom- mendations to the Council made during the Commission' s special meeting, April 3rd, as reflected in the minutes of that meeting. Chair Zawislak indicated the Commission members had recognized the importance of not jeopardizing the City ' s application for 202 funding for the senior rental project for which they were requested to give Detail Plan approval for the Kenzie Terrace Project P.U.D. , but he said, they were also very anxious to recommend the H.R.A. get a firm commitment from the sponsoring agency that they would provide the amenities for the proposed building, above and beyond the bareboned structure H.U.D. would be likely to approve , in order that the final building would be compatible with the rest of the redevelopment project and the- .standards established for the community . Because this discussion promised to be a long one, the Council agreed to move the consideration of the request for the expansion of the Good Luck Cafe up on the agenda. .Representing the cafe were the spokesman for the cafe ' s manager, Kin On Kwong, and Bill McPherson; 3220 Silver Lake Road, previous owner of • the restaurant at 2700 Coolidge Steet N.E.. , formerly called . The Three Circles . -3- The 3- The manager' s representative had indicated on the slip he filled out to speak that "I would like to postpone the public hearing, so I can change the plan and talk to the neighbors" , and he told the Council that there had been no such discussion, since none of the neighbors had attended the meeting at the cafe they had been invited to attend February 19th. Chair Zawislak reported no one from the- cafe had attended the April 3rd Commission meeting, but two neighbors who spoke in opposition to the expansion were in attendance , as reported in the minutes, and City staff had received one letter and two phone calls expressing neighbor concern about the proposal . Councilman Enrooth noted this would be the second time the applicant had asked to rework his proposal but the precedent for deferring action had been set with the Elmwood Lutheran Church proposal which was finally negotiated to the satisfaction of both the church and the neighbors . The Manager affirmed that he would again notify all affected property owners when another plan is to be presented to the Planning Commission. Motion by Councilman Marks and seconded by Councilman Enrooth to defer final action on expansion plans for the Good Luck Cafe until such time as Planning Commission presents their recommendations on a proposal which the cafe manager has negotiated with the neighbors . Motion carried unanimously. The Council again turned- its attention to the 202 senior rental pro- posal which was presented by the Kenzie Terrace developer and architect, Steve Yurick and Gary Tushie. Mr. Yurick reiterated the reasons given i in the Commission minutes for selecting Walker-Methodist Residences and Health Services , Inc. as the non-profit organization which would sponsor the project and introduced Bruce G. Rice , Vice Chairperson of the organization' s Board of Trustees who explained how he perceived the St. Anthony project would complement his agency ' s continuum of. care for the elderly and handicapped in the Twin Cities . Mr. Rice then introduced members of the Walker-Methodist staff who were present, including Larry A. Johnson, Director of Financial Operations ; M. Susan Viking, Development Specialist; and Mary (Muffie) Gabler, Housing Specialist. Ms . Viking repeated several points of background history of the organization which she had related to the t Commission and indicated Walker-Methodist was responsive to the needy elderly of all faiths, creeds , and denominations in a seven county area and were hopeful they could provide for similar needs of the ! seniors in the St. Anthony community. Ms . Gabler expanded on her Commission presentation by highlighting h the services Walker-Methodist provides for Medicaid clients, including the delivering of Meals-on-Wheels to between 15 and 17 persons in their own homes on a daily basis , Monday through Friday. These._;are govern- ment and local church fundedi• she said. The housing specialist • indicated she was very excited to see how easily the Walker-Methodist services could be coordinated with existing senior activities in the City . Ms . Gabler concluded her presentation by telling the;, Council members Walker-Methodist was -very thankful to learn the City would be allocating a portion of their •CDBG funds to aid .the sponsors in pro- viding the amenities for the proposed building.. i -4- Mayor Sundland and Councilman Marks recalled that when they had met with the H.U.D. official in Washington, D.C. , he seemed to understand that a "cracker box" building would never fit into a community like -St. Anthony, to which the housing specialist responded that she knows of brick buildings which are 202 funded and, in the long run, she perceives the success of the application would depend on how coopera- tive and dedicated the developer and architect were to provide an acceptable building. Mr. Tushie said the plans which the Council would be approving for the P.U.D. had been scaled down to receive the most H.U.D. points for acceptance but the developers were just as interested as anyone else to have the final structure respond architecturally with the Kenzington, since anything less would adversely affect their ability to market the remaining units in Phase II and III of the Kenzie Terrace project. The architect told Councilman Makowske the 45 one bedroom rental units would be only 540 square feet to meet H.U.D. criteria, but said it was true that, except for being 300 square feet less than the model of a Kenzington one bedroom unit, the unit appearance and number of rooms in each rental unit remained generally the same with the exception of having less storage space and smaller rooms . Mayor Sundland welcomed Walker-Methodist to the project. Motion by Councilman Ranallo and seconded by Councilman Enrooth to follow the recommendations of the Planning Commission to give P .U.D. approval to the Detailed Plan for the 45 unit 202 elderly rental • project proposed by Arkell Development and Walker-Methodist Residence and Health Services as presented in the site plans for the project, finding, as did the Planning Commission, that the proposal meets the general requirements of the P .U. D. and pertinent zoning requirements , agreeing with the Commission conclusion that the minor problems with the provision of a 17 foot setback, where 25 feet are required in the City zoning Ordinance, are insignificant when compared to the proposal ' s overall conformance to the plan for the Kenzie Terrace Redevelopment Project. The Council also agrees with the Commission finding that there was adequate input from the developer regarding the physical aspects of the building itself; the management of the building after construction; and the financial mechanisms to be utilized; and that citizen concerns and responsible criticism of the project had been competently addressed during the public hearing on the project. Motion carried unanimously. The Mayor noted the Commission had recommended $.5 ,000 be allocated for sidewalks from the City ' s Year X CDBG funds which would result in a cut back of that much in the $29 , 600 the Council had tentatively approved for 'the 202 project at their March 27th meeting. However, he said, he understood that, if for some reason, the. sidewalk project is not accepted by the County for funding, the $5 ; 000 could be reallocated to the senior. project. -5- The Manager said that was his understanding and then reported Max • Saliterman was asking for $25 ,000 in interest to cover the interim between November, when his purchase agreement for the 202 project land expires , and the date on which the sponsors are able to acquire the property. Since an environmental impact assessment would be necessary before the only option could be purchased with CDBG funds , Mr. Childs suggested the Year VII CDBG funds set aside for that pur- pose be used to purchase the option and pay interest, if required. The Council consensus was that this proposal would be acceptable to them and that their March 27th motion should be modified to allocate the Year X funds as recommended by the Commission April 3rd. Chris Clauson, Director of the Northwest Suburban Youth Service Bureau, was present to request the Bureau' s services be extended by a joint powers agreement to the St. Anthony/New Brighton School Dis- trict and to seek the City ' s support for the Bureau' s application for $7, 814 in grants under the State of Minnesota Energy and Economic Development Justice Grant Program, which would continue the program from October 1st to December 31, 1984. He explained that the grant year expires in September and the extension is needed to provide funds until the Bureau' s fiscal year-end. Attached to the application was the Problem Statement from the Bureau which addressed the problems existing in the community which support the need for the St. Anthony Youth Intervention Project which would • serve approximately 2 , 769 school age young people, including those in parochial schools, who reside in the school district, for whom, "the statistical data easily indicates a caseload of 100-150 young people , which is sufficient to justify one full time counselor (Ron - Taylor) " . Present to support the youth intervention program in the City were Police Chief Hickerson and Captain Thoemke. The former indicated he anticipates the City' s caseload would be increased with the push to encourage children to report incidents of physical and sexual abuse when the school district joins forces with WCCO-TV in PROJECT ABUSE from April 23rd to May 11th, as per the letter sent April 3rd to all parents and guardians of students in the St. Anthony Middleschool, which had been distributed to the Council members. Chief Hickerson told the Council the community already uses the Bureau services and Mr. Childs indicated City staff perceives the program had offered troubled families an option for handling problems which otherwise would probably have ended up in court. Captain Thoemk'e told the Council that he perceives it was just for this type of service the City had sent him to the University to get expertise in handling juvenile problems . He gave some general statistics of the 'number of youths he had directed to . the program and told the Mayor the reason the report had not listed referrals from the City Police Department had been because he always encourages the juvenile • he is working with to take the initiative of. going to the counselor. The necessity for confidentiality prevented the police. official from specifically identifying the cases which prompt- him. to see the need for the program in St. Anthony. Captain Thoemke told Councilman Ranallo no student from a parochial school is ever denied this• .ser.vice. The -6- Bureau counselor, Ron Taylor, arrived at the conclusion of the presentation and was introduced to the Council. The Mayor indicated • he perceived a cooperative funding of the program might be worked out with the school district. Motion by Councilman Marks and seconded by Councilman Ranallo to authorize - the City ' s sponsorship of the $7, 814 Minnesota Energy and Economic Development Justice Grant application for funding from October 1st to December 31, 1984 , and to schedule a consideration at budget time whether the City should enter into a Joint Powers Agree- ment with the Northwest Suburban Youth Service -Bureau under which the City would provide $6 , 883 to continue the youth intervention service in 1985 . Motion carried unanimously. Following a brief discussion of the March liquor operations summary, that report as well as the March Fire Department report and Mr. Hamer' s report on the City's skating rinks for the winter of 1983-84 were ordered filed as informational. Regarding the report in the April 5th staff notes that about a dozen applications for the branch chipping program had been made, the Public Works Director said the deadline for these applications would be April 13th and, he estimated, if 20 residents asked for this service, it would take his crews one-half day for each side of Silver Lake Road to complete the project. The staff report and the letter from • the Hennepin County Agricultural Society related- to the County Fair were also filed as informational. In his March 30th letter to Mr. Childs , Mr. Soth had suggested this might be the time when the City should ascertain that no legal steps had been overlooked in handling the water contamination problems and recommended his firm contact John Drawz of the LeFevere law firm to discuss their work on behalf of New Brighton in connection with the same issues in the City . The City Attorney indicated it was his hope the City wouldn' t have to become involved in any legal action but said he wanted to be sure St. Anthony wouldn' t be forfeiting any rights it might have in respect to taking action prior to the expira- tion of any statute of limitation or for any other reason. The Council agreed such action would be prudent and asked Mr. Soth to make an estimation of just what legal costs would be involved. The Planning Commission Chairman had remained at the meeting after he had completed the Commission report and when the March 27th report from the Minnesota Municipal Liquor Stores. Association came up for dis- cussion, Chairman Zawislak said, as Secretary of the Association and Manager of the Anoka Liquor operation, he could support their stand against any legislation which would permit the sale of wine in grocery stores ., He said, like the St. Anthony's Liquor Manager, he had resisted joining the association for years but when he had perceived that after reorganization they had become a more effective voice at the legislature, he had decided to avail Anoka of their services. The Chairman said the organization -had- hired a full time lobbyist and • -7- he 7-he believes the $250 membership fee would be a good investment for St. Anthony as well as a vehicle for the City to express its opposition to the type of legislation he understands is being considered which he perceives could adversely affect all liquor operations and might even wipe out the smaller private and municipal operations. . He said even the threat of tripled taxes on wine had not deterred the wine industry from pressing for .this legislation.. It was noted that even those against liquor in general would probably oppose this legisla- tion because there would be no way of guaranteeing the supplies would not be available to the young persons who make up the majority of the grocery stores workforce. Motion by Councilman Marks and seconded by Councilman Makowske to adopt the resolution which is to be sent to all the City ' s state legislative representatives asking them to oppose any legislation which would permit the sale of wine in grocery stores , citing the seven arguments against the legislation which were stated in the March 27th MMLSA memorandum. RESOLUTION 84-022 A RESOLUTION OPPOSING ANY AND ALL MINNESOTA STATE LEGISLATION WHICH WOULD PERMIT THE SALE OF WINE IN GROCERY STORES Motion carried unanimously. • Councilman Enrooth noted the Federal Alert warning of impending federal legislation which would impose a 30o excise tax on alcoholic beverages . Motion by Councilman Enrooth and seconded by Councilman Ranallo to request staff to write a letter to the City ' s Congressional repre- sentatives , Senators Durenberger and Boschwitz and Congressmen Sabo and Sikorski asking for their support in defeating any legisla- tion which would impose more taxes on liquor. Voting on the. motion: Aye: Enrooth, Ranallo, Sundland, and Makowske . Nay : Marks . Motion carried. According to Councilman Marks , Congressman Vento has indicated his support for the City ' s 202 application and he said he had recently apprised State Representative Rose of the current status of the City ' s water supply problems and the probability that a temporary and potentially a permanent water connection to Roseville would have , to be made. • Mayor Sundland asked that •a copy of the Short-Elliott-Hendrickson, Inc. feasibility report on the City ' s water -supply be sent to both. -Rep- resentative Rose and State- Senator Dieterich. He reported he• had 1� -8- discussed the City ' s Superfund application with Senator Durenburger and recalled that the. other Minnesota congressional representatives • had also been contacted for their support. Motion by Councilman Marks and seconded by Councilman Makowske to accept the low bid of $2 , 129 . 39 and award the contract to the Water Products Company for materials necessary for replacing the sanitary sewer - line in the vicinity of 36th Avenue and Edward Street N.E. , as per the April 2nd memorandum to the Council from the Public Works Director. Motion carried unanimously . The Council also accepted the recommendations for purchasing road materials as listed in another April 2nd memorandum from- Mr. Hamer. Motion by Councilman Marks and seconded by Councilman Enrooth to accept the low bids and award the contracts for road materials as follows : Aggregates :. to Barton Sand & Gravel; Oil: to Koch Asphalt Company; Blacktop: Items A and B to Midwest Asphalt; Items C and D to T. A. Schifsky & Sons; Concrete: to Shiely Concrete Materials Co. Motion carried unanimously. • Motion by Councilman Marks and seconded by Councilman Makowske to adopt Resolution 84-020 . RESOLUTION 84-020 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY REGARDING THE COUNTY ROAD "D" PROJECT Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which authorizes the Minnesota Pollution Control Agency to make an application on the City 's behalf for financial assistance to implement measures for investigation and remedy of releases or threatened- releases of hazardous substances -in its, water system. RESOLUTION 84-021 A RESOLUTION APPROVING THE SUBSTATE AGREEMENT AND STATE GRANT AGREEMENT BETWEEN THE MINNESOTA POLLUTION CONTROL AGENCY AND THE • CITY OF ST. ANTHONY Motion carried unanimously. -9- Motion by Councilman Makowske and seconded by Councilman Enrooth to approve the second reading of the ordinance which establishes new water rates for the City . ORDINANCE 1984-001 AN ORDINANCE RELATING TO WATER RATES; AMENDING SUBDS . 2 AND 3 OF SECTION 550 : 00 OF THE 1973 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the second reading of the ordinance which establishes new sewer rates for the City. ORDINANCE 1984-002 AN ORDINANCE RELATING TO SEWER RATES AND CHARGES; AMENDING SECTION 540 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 9 : 20 P.M. for the Housing and Redevelopment Authority meeting which followed immediately . Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: City -Clerk rt r CITY OF ST. ANTHONY AIOUSING AND REDEVELOPMENT AUTHORITY MINUTES k April 10 , 1984 � The meeting was called to order at 9 : 21 P.M. by Chair Sundland. j Present for -roll call: Sundland, Vice Chair Enrooth, Secretary/ Treasurer Marks , and Commissioners Makowske si and Ranallo. F Also present: David Childs , Executive Director; William Soth, Attorney; William Zawislak, Planning Commission Rep- resentative; Steve Yurick, Developer and Gary Tushie , Architect, for the Kenzie Terrace Redevelopment Project. Motion by Secretary/Treasurer Marks and seconded by Commissioner Enrooth to approve as submitted the minutes of the H.R.A. meeting held March .27, 1984 . {% Motion carried unanimously. 4` Motion- by Secretary/Treasurer Marks and seconded by Commissioner ?' Ranallo to approve _payment of $350 to the Derrick Land Company, H.R.A. Consultants , the amount due 0. J. Janski and Associates , Inc. . for s. inspection -and`-zeal estate appraisal of the Mimosa Cafe property for acquisition for the proposed 202 rental project. r Motion carried unanimously. Walker-Methodist had wanted assurance that they wouldn' t have to incur additional costs for footings because of uncertainty regarding soils on the site and GME had been invited by the architect to submit their proposal for subsurface exploration. Copies of their March 27th response were distributed to the H.R.A. members and Mr. Childs indi- cated the sponsors had agreed to split the costs of $2 ,200 with Walker-Methodist Homes . Commissioner Ranallo recalled the City had already spent a large sum of money to take soil borings in that area when the question had been raised whether there might be a subterranean lake flowing under the t subject property. Mr. Yurick said he was certain the results of those borings had been made available to GME when they had recommended at least eight borings be taken. Secretary/Treasurer Marks reminded the H.R.A. of a similar case in the Office Park where the Midland building had to be moved over a foot or two when additional borings indicated that would be necessary. Motion by Secretary-Treasurer Marks and seconded by Vice Chair Enrooth 2.1 • to authorize payment of up to $1,100, with the other half of the costs to be borne, by Walker-Methodist Residence and Health Services, Inc. , to have soil boring taken of the 202 project property as proposed by -GME.-Consulting Engineers . -2- - • Motion carried unanimously. Mr. Childs reported the Attorney is working with Mr. Salterman' s attorney to develop an agreement whereby the property for the 202 project can be transferred to the H.R.A. and he anticipates that document would be ready for execution by the next H.R.A. meeting. Mr. Soth indicated he is also working with H.U.D. attorneys in an attempt to get their agreement that the proposed project would work. Motion by Secretary/Treasurer Marks and seconded by Vice Chair Enrooth to adjourn the Housing and Redevelopment Authority meeting at 9 : 30 P.M. Motion carried unanimously. Respectfully submitted; Helen Crowe, Secretary CITY OF ST. ANTHONY COUNCIL MINUTES April 24 , 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; Jerry Gilligan, City Attorney; and Larry Hamer, Public Works Director. Motion by Councilman Marks and seconded by Councilman Ranallo to approve as submitted the minutes of the Council meeting held April 10, 1984 . Motion carried unanimously. Motion by Councilman Marks and seconded. by Councilman Enrooth to grant all licenses listed in the April 24 , 1984 Council agenda; as follows : Cigarette : Vincenzo' s , 2529 Harding Street N.E. Heating: Nielsen' s Sheet Metal, Inc. • Vending: Apache Plaza, Ltd. , for Xerox copier. Laundry: -' 'Larrie ' s Wash, Apache 'Plaza.. Contractors : Leo Sanders Concrete Co. and Superior Energy Products . Motion carried unanimously. Motion by Councilman Marks ..and seconded by Councilman Makowske to approve payment of $1, 518 to Edward J. Hance for prosecutions during March, 1984 . Motion carried unanimously . Motion by Councilman Makowske and seconded by Councilman Marks to approve payment of all verified claims for April 24 , 1984 , as submitted by the City Manager. Motion carried unanimously . Councilmen Ranallo and Marks reported receiving numerous complaints related to late night noises emanating from the Walbon property in the vicinity of Old Highway 8 and 33rd Avenue N.E. where the Hyman Freight Lines , Inc. is operating. These complaints seemed to be the same as those which generated . the November 9 , 1983 petition signed _. by 22 persons from that area- requesting the City to prohibit parking • of semi-trailers and ..similar -vehicles on the property and to cease :..all trucking activities- outside normal working hours . A copy of the petition and­the Manager' s February 23 response to those neighbors had been distributed' to- the Coundil members and Mr. Childs reported -2- none of the neighbors had gotten in touch with him to provide some form of documentation which would support a City contention that over-the-road trucks were not operated on the site from 1962 to 1978 and that the hours of operation had changed considerably during that time period. Included with the data provided the Council, was a copy, of a February 23rd memorandum from Larry Hamer advising the Manager that, after monitoring the noise levels on the property as well as several other troublesome sites in the City , the Minnesota Pollution Control Agency had reported the noise levels on the Walbon property were below the limits set by MPCA. Mr. Childs concluded his update on the matter by indicating the City might have difficulty proving Walbon' s had voluntarily and permanently ceased trucking activities on their property and it would appear the grounds for winning a legal suit on those grounds would be less substantial than those on which the City had sued, and lost the case against Johnson Floral. However, he perceived there might be another option for the City since he and the City Attorney have been working with the Walbons and a redeveloper who has expressed an interest in redeveloping the subject property for multiple dwelling use . Councilman Marks commented the neighbors might be more amenable to this proposal than they had been to similar projects in the past, if they perceive a greater residential density than single family might be preferable to the- use they find so objectionable now. Both Councilmen indicated they had impressed upon their- callers that- the development of the property for single family residences was economically not feasible. Councilman Ranallo recommended the lines of communi- cation .with the neighbors be. kept open during the time the staff is trying to work out an acceptable solution to their problem. Councilman Marks reported on the latest meeting of the Board of Directors of the North Suburban Youth Services Bureau and his own inability to ascertain just exactly how to evaluate the cost effectiveness of such a program. He indicated he perceives the real test would be whether the City experiences a reduction in crimes by youths which could be directly attributed to the program. Members of the City staff and Council indicated the manner in which the cable T.V. lines were being strung in the City . Councilman Makowske reported receiving many calls indicating the cable crews were leaving trails of wire on City lawns for the residents to clean up. Mr. Hamer assured them that he was in close contact with both the Group W executives and the subcontractors who were doing the work and had been assured that job would be finished in a more prof- essional manner. Mr. Childs told the Council members the cable company has a full time person answering complaints and he would give them that number to give to residents who called, since it is the cable firm' s responsibility to see the job is done the right way. The Manager then indicated Al Kaeding, the City ' s representative on the North Suburban Cable Communication Commission would be reporting back to them during their May 8th Council meeting. Also scheduled • to speak to the Council at that meeting are Chuck Wiger of the Metropolitan Council and Judy Fletcher of the Metro Waste Commission, who the Manager assumes would be discussing the Metro Waste charges which the City has not been paying for some time . 41- -3- Mr. 3-Mr. Childs indicated there would be a joint meeting with the New Brighton City Council scheduled soon at which Phil Cohen of Senator Durenberger's office would be addressing H.R. #4760 , a bill which would set up regulations to govern the release of hazardous waste materials by federal facilities . The Mayor suggested a letter of thanks be sent to Senator Durenberger for his efforts towards this legislation and to indicate the Council is looking forward to meeting with his representative . The Minnesota Pollution Control Agency had approved a Superfund grant for the City for this summer, according to Mr. Childs , and the Public Works Director indicated his crews would be pressure testing the water lines in the northeastern sector of the City at the request of the MPGA who want proof that this connection with Roseville water lines would not be less effective than the Rankin Road connection. Mr. Hamer reported notices had been hand delivered to all affected property owners informing them that they might experience low water pressures and discolorations while the lines are being tested. Mr. Childs reported representatives of the new Italian restaurant in Apache Plaza would probably be in May 8th seeking a wine license for their operation. The Manager then reported on his negotiations with the Community Services whereby the City would take over the maintenance of the St. Anthony Village Community Center under which, he speculated, the City ' s share of maintenance costs could be reduced from $27, 000 to $13 , 500 . Because Council and staff would be attending the League of Minnesota Cities conference in Duluth June 12th, the general consensus was that the regularly scheduled -Council meeting should be- either re- scheduled or eliminated altogether, if agenda items can be taken care of at other meetings , before or after that time . Mr . Childs indicated that before the last meeting in May, he should be able to ascertain whether matters which had to be handled could be dealt with at that meeting or at the last Council meeting in June. Motion by Councilman Marks and seconded by Councilman Makowske to tentatively reschedule the June 12th Council meeting to be held Monday, June 11, 1984 . Motion carried unanimously . The April 17th Planning Commission minutes were considered and the Commission recommendation regarding cigarette licenses noted. The Manager indicated the Police Reserves would be given the job of visiting all establishments with cigarette machines to verify they are under close supervision of the owners to prevent children from buying cigarettes . He also said future license application forms would require the merchants to specify the location of their. machines . The April 12th staff notes ,were ordered filed as informational . In his April 24th memorandum .to the Mayor and Council, Mr. Hamer had given tris recommendations for awarding the bid for the chlorination -4- equipment for Well #5 and he told Councilman Marks there was really no. difference in equipment which had been bid by the two companies , and he was , therefore, recommending the acceptance of the lowest bid. Motion by Councilman Marks and seconded by Councilman Enrooth to accept the low bid of $1 , 180 and award the contract for a chlorinator for Well #5 to the Layne Minnesota Company . Motion carried unanimously. Copies of the April 24th letter from Duane G. Googins , Director of Special Education for District #282 , in which he sought Council support of the school ' s application for a $2 ,000 juvenile delinquency prevention grant for the 1983-84 school year had been distributed and Mr. Googins , who was present, told the Council members there would be no future financial obligation for either the City or School District to continue the School Awareness program, if the grant is funded.. He told the Council the program should be separate , but coordinated with the services of the Youth Bureau counselor, which is also City supported. Motion by Councilman Marks and seconded by Councilman Ranallo to authorize the City's. sponsorship of District #2,82 ' s application for a $2 ,000 Minnesota Energy and Economic Development Justice Grant , as requested by the School District. Motion carried unanimously. Councilmen Marks and Makowske had requested a reconsideration of that portion of the City ' s ordinance dealing with parks which allowed the issuance of temporary permits for the consumption of 3 . 2 beer during Community Services approved games and special community and family affairs held in the City parks . The Manager reported the results of a survey hehad made of the manner in which the use of alcohol is dealt with in other municipalities and lie and Councilman Ranallo gave the historical background of the use of these permits had evolved in the City since 1973 . Mr. Hamer indicated it had been his understanding that past City Councils had concluded the best way of controlling the debris left behind after softball tournaments was to charge a $50 cleanup deposit which would be forfeited if the debris were not completely removed from the parks after each event. The Public Works Director indicated he perceived the age and resi- dent stipulations had much to do with compliance with the ordinance. Mayor Sundland said the understanding on the Council had always been that the permits would be abolished immediately if there were any serious problems and they had always recognized the reality that there would always be some drinking in the park whether the City had an-ordinance or not, and that the permits at least gave the City some control over the manner in which that;,.was done. The Mayor then pointed out 'that the Community Services would not reissue a permit to group which misused. their park ,privileges . Mr. Childs said the''Police Department gets a copy* of each permit which is issued and he is certain they keep a close watch on" each 'of these events and - would certainly- be requesting the abolition of the permits if they perceive the drinking of beer posed. a serious problem for them. The only complaints from neighbors about park activities anyone could -5- recall had been the all-night use of Central Park for the national emergency alert exercises and the early morning plowing of the school parking lots by City crews . Councilman Makowske said she still believed the wrong message was being given to the City youths that they couldn't have fun in the parks without drinking beer and suggested several changes in the wording .of Section 14 of the Park Ordinance which would eliminate the use of any type of beer in the parks altogether . Councilman Marks told her he supported her recommendations , having always believed the City was encouraging park activity participants to . ignore the "No Alcoholic Beverages" signs the City has posted in the parks . Mayor Sundland said the wording on those signs might need to be revised, but he still contended that, by not issuing the per- mits , the City would only be driving the use of beer underground. This stand was fully supported by Councilmen Enrooth and Ranallo who saw no need for changing the ordinance until there was evidence of a pattern of serious violation of the permits . When it became obvious her amendment would fail by a three to two vote , Councilman Makowske indicated she would not put her suggestions into a motion but that she appreciated having the opportunity to express the strong feelings she has on the matter. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the third reading and adopt the ordinance which establishes new water rates for the City. ORDINANCE 1984--001 AN ORDINANCE RELATING TO WATER RATES; AMENDING SUBDS . 2 AND 3 OF SECTION 550 : 00 OF THE 1973 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously . Motion by Councilman Makowske and seconded by Councilman Marks to adopt the ordinance which establishes new sewer rates for the City. ORDINANCE 1984-002 AN ORDINANCE RELATING TO SEWER RATES AND CHARGES; AMENDING SECTION 540 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously . Motion by Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 8 :55 P .M. for the Housing and Redevelopment Authority meeting which followed immediately . 'Respectfully submitted, • Helen Crowe , Secretary ATTEST: Mayor City Clerk CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES April 24 , 1984 The meeting was called to order by Chairman Sundland at 8 :56 P.M. Present for roll call: Sundland, Vice Chair Enrooth, Secretary/ Treasurer Marks, and Commissioners Makowske and Ranallo. Also present: David Childs Executive Director; Jerry Gilligan, Attorney; and Larry Hamer, Public Works. Director. The H. R.A. minutes for April 10th were amended to substitute "half the length of the building" for "a foot or two"- in- -Line 9 , para. 9 . Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to approve as amended the minutes of the H.R.A. meeting held April 10 , 1984 . Motion carried unanimously . Copies of the Purchase Agreement with Max Saliterman, whereby the • Mimosa Restaurant,-property could be acquired by the H.R.A. for the 202 senior rental housing, in. Phase II of the Kenzie Terrace Redevelop- ment Project,. -.were--distributed and Mr. -Gilligan indicated the addendum to #7 agreeing to pay Mr. Saliterman $25 , 000 plus interest for the interim between November 1 , 1984 and the date of closing on the property would be -incorporated into the document with the- re-signing by the seller. Mr. Childs indicated there would be a small risk involved if Mr. Saliterman- decides not-.to grant. the_ additional. option since the City would have to buy the property on November 30 , 1984 , in that event. Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to approve the Purchase Agreement with Max Saliterman for the acquisition of the Mimosa Restaurant property including the provision for interim payment and interest as proposed by. the H.R.A. attorney . Motion carried unanimously. The H. R.A. next considered the proposed amendment to the Redevelopers Contract with the P.rkand Partnership whereby Walker-Methodist would assume the partnership ' s responsibility with respect to the 202 project. Muffie Gabler, speaking for Walker-Methodist, indicated the sponsor ' s concern about who would be responsible for maintaining the portion of the property which would be used as a roadway, in the event the rest of the. redevelopment should not be completed, since Walker perceives that road would be of no benefit to-. them. - . • Mr. Childs indicated staff recommended accepting the stipulation that the roadway be maintained by the City since the City would have -2- ownership of it at that time anyway . He told the H.R.A. members the is Arkand Letter of Credit would cover Walker-Methodist as well . The Director then reported a mutual agreement between the H.R.A. and Walker-Methodist that the sponsor would pay a fee in lieu of real estate taxes if it should later be determined that 202 projects are not subject to such taxes . Mr. Gilligan indicated H.U.D. had been informed of the agreement and had raised no objections to it at this time . Motion by Secretary./Treasurer Marks and seconded by Commissioner Ranallo to adopt the third amendment to the H.R.A. Redevelopment Contract with the Arkand Partnership, as proposed ,by staff, contin- gent upon H.U. D. approval of the arrangement whereby Walker-Methodist agrees to pay fees which would reimburse the H.R.A. for the real estate taxes which would be lost if it is later determined 202 pro- jects are not subject to that type of taxation. Motion carried unanimously. Ms . Gabler indicated the 202 application would be made April 30th and she agreed to keep the staff informed as to when the Metro Council would be acting on that application. The City ' s representa- tive on the Metro Council had promised to give a favorable review to the application, according to Mr. Childs . Motion by Commissioner P.anallo and -seconded by Vice Chair Enrooth • to adjourn the meeting at 9 :05 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary •