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HomeMy WebLinkAboutPL PACKET 10031989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100433 Box: 15 Folder: PL PACKETS 1989 Document: PL PACKET 10031989 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA OCTOBER 3, 1989 7:30 P.K. COUNCIL CHAMBERS I. Call to Order. II. Roll Call. III. Minutes. A. Planning Commission - August 15, 1989. IV. Designate Commission Representative to the Council Meeting • on October 10, 1989. V. Public Hearings. A. 7:30 P.M. - Holten; for 2909 Rankin Road; setback variance request. B. 7:45 P.M. - Yarr; for 3104 Armour Terrace; fence variance request. C. 8:00 P.M. - Clark's Submarine Sandwiches; for 2922 Pentagon Drive; conditional use request. D. 8:15 P.M. - Clark's Submarine Sandwiches; for 2922 Pentagon Drive; sign variance requests. VI. Miscellaneous. VII. Adjournment. CITY OF ST. ANTHONY • PLANNING COMMISSION MINUTES August 15, 1989 1 2 I . CALL TO ORDER 3 The meeting was called to order by Chairperson Madden at 7:30 p.m. . The 4 Pledge of Allegiance was 'led by the Commission Chair. 5 6 II . ROLL CALL 7 Hansen, Wagner, Werenicz, Brownell , Madden - present 8 Commissioners Franzese and London arrived at the meeting at 7:37 p.m. and 7:39 9 p.m. respectively. 10 11 Staff Present : Acting City Manager VanderHeyden 12 13 11 .1 . APPROVAL .OF MINUTES 14 Motion by Hansen, second by Wagner to approve the minutes of the Planning 15 Commission July 18, 1989 meeting as presented, with the following corrections: 16 17 page 3, paragraph 5, lines 4,5,6,7 & 8: The sentence should read as follows: 18 "He stated that his understanding was that the water flows downstream in a 19 southeasterly direction, one well would be installed in the proposed island 20 area between the entrance and exit ; that one would .be installed in the grassy 21 area next to the parking area where the tanks had once been located; and 22 the third well would be upstream." �3 page 5, paragraph 5, line 6: spelling correction - "c6ncrete" • 24 , paragraph 3, line 3: should read "150 condominium units" �5 page 9, paragraph 2, line 6: corrected verb tense - "acknowledged" 26 page l0, paragraph 6, line 3: Madden suggested the parking lot, address referred �7 to should be 2601 Kenzie Terrace rather than 2701 . Hansen suggested that 2701 28 may be correct as it would reflect the location of the parking lot, rather �9 than the building. The Acting City Manager will verify the correct address 30 and so advise the Commission. 31 Madden noted an address correction on the agenda cover letter; that being 32 "2500 39th Avenue N.E." 33 34 Motion to approve the minutes with the corrections noted carried unanimously. 35 36 Members of the Commission discussed the matter of having previously had minutes 37 completed with numbered line margins. The Commission Secretary acknowledged this 38 convenience and stated she would resume this format in the future. 39 40 IV. DESIGNATE COMMISSION REPRESENTATIVE.TO AUGUST 22ND COUNCIL MEETING 41 The Acting City Manager indicated there may be no need for a Planning Commission 42 representative to attend the August 22nd Council Meeting. The Chair referred 43 this matter for further discussion to later in the meeting. 44 45 V. PUBLIC HEARING 46 The Chair opened the Public Hearing at 7:.40 p.m. . 47 The Chair read the official notice of the public hearing which had been 48 published in the August 2,1989 edition of the St. Anthony Bulletin 49 50 �i Planning Commission August 15, 1989 Meeting page 2 • 1 and had been mailed to affected property owners. The public hearing was 2 set to consider a request from Grace Cooney for a conditional use permit. 3 The Acting City Manager advised this request had been made previously 4 at the December 20, 1988 Planning Commission meeting. -The Commission had 5 approved the. conditional use permit allowing the operation of a school of 6 massage and therapeutic massage treatments in a Commercial "C" zoning 7 classification, in the Apache Square Building, west of the Apache Plaza 8 Mall . 9 10 Ms. Grace Cooney was in attendance at this meeting. 11 " 12 The- Acting City Manager advised the Commission that a second public hearing 13 was necessary because the location of the business had changed. The conditions 14 of the conditional use permit had not changed, only the specific location. 15 16 Discussion continued regarding the hours of operation for this business as 17. well as those of other tenants in the new location. Ms. Cooney stated she 18 had discussed her anticipated hours of operation with the landlord and found 19 him agreeable. Building security as well as illumination of the parking areas 20 were discussed and Ms. Cooney felt quite comfortable with both situations. 21 She also noted the physical layout of- the space she will be leasi-ng as well 22 as the leasing arrangements she has with the realtor are quite advantageous. 23 24 The Public Hearing was closed at 7:47 p.m. . 25 26 Motion by Hansen, second by Werenicz to recommend to the City Council approval 27 of the conditional use permit with the same conditions as stated in the Com- 28 mission's previousmotion of approval at the December 20, 1988 meeting, with 29 the exception of the new address and a change of date of the Public Hearing. 30 Brownell noted that Finding A should include that there was no opposition 31 to the permit at either the December 20, 1988 nor the August 15, 1989 public 32 hearings. 33 Franzese recommended there be a Finding C which would reflect the petitioner's 34 display of good intentions by keeping her business in St. Anthony. Finding 35 B did not change, that being, -the hours of operation. 36 37 Motion approved unanimously. 38 39 The Acting City Manager will contact Ms. Cooney regarding her attendance at 40 the next City Council meeting. 41 42 V. MISCELLANEOUS 43 44 Kenzington Apartments Parking Lot .- Status Report 45 Madden inquired as to the progress on the gravel parking lot at Kensington 46 Apartments. The Acting City Manager advised that no permits had been applied 47 for at this point in time. 48 49 50 I` Planning Commission August 15, 1989 Meeting , page 3 • l Signage on Silver Lake Road - Vargas Sign - Status Report 2 Madden questioned staff findings regarding. the possible non-conformance of 3 the Vargas sign. The Acting City Manager advised that the sign has been 4 viewed by staff and the permit granted forit has been reviewed. The 5business owner had stated to staff he feels the sign meets the requirements stated in the sign approvals granted. Staff will monitor this sign regarding 8 its maintenance. 9 Recodification - Sign Ordinance 10 The Acting City Manager advised the Planning Commission members that the City 11 Attorney will be reviewing the sign ordinance when the City recodifies. The 12 City Attorney will contact the League of Minnesota Cities to commence a joint 13 effort for completing the ordinance recodification. 14 15 16 Survey of Kiwanis Club Members 17 Noting that many Kiwanis Club members are local business owners, Wagner will 18 be attending the August 16th Club-meeting with the intention of getting their 19 input regarding the present sign ordinance. Hansen had previously requested 20 staff to mail a copy of the City's sign ordinance to of the City's businesses. The Acting City Manager responded this presently is being. considered. 22 23 Montessori School - Violation of Sign Ordinance - Status Report • 2The Acting City Manager noted a letter had been sent to the Director of the 255 Montessori School advising him of the deadline for the removal of one of 26 their two signs. Minutes of the previous meetings had been reviewed and no �7 approval of two signs was mentioned or discussed. A number of Commissioners 28 then expressed their concern over the Dairy Queen sign which is in violation. �9 They stated their wish that the City Council would state their feelings on 30 the sign. 31 32 33 PLANNING COMMISSION REPRESENTATIVE AT AUGUST 22ND COUNCIL MEETING 34 It was decided by the Commission that no representative of the Commission 35 need be present at the August 22nd Council Meeting. 36 37 VII . ADJOURNMENT 39 Motion by Brownell , second by Wagner to adjourn the Planning Commission Meeting 40 at 8:07 P.m. . Motion- carried unanimously. 41 42 43 R pectfully submitted, 44 45 46 Jo Anne Student 47 48 C mmission Secretary 49 50 sill 'hro ills e DATE : A P PROV . September 29, 1989 TO : Planning Commission Members FROM : Sue VanderHeyden . Acting City Manager 2 TEM : HOLTEN, 2909 RANKIN ROAD, SETBACK VARIANCE REQUEST Mr. Bruce Holten, 2505-27th Avenue N.E. has requested a setback variance to- the -St. -Anthony zoning ordinance to allow- a '22 foot front yard setback instead of the required 30 foot setback at 2909 Rankin Road. The variance request is for a total of 8 feet. As evidenced by Mr. Holten's letter and diagram, a home would be difficult to place within the ,allowed setbacks on this property. Please refer to the attachments for additional information.. There has been no contact with this office regarding the above issue. :cjk10. 3 .89 • Date: S E PT '7, ( 9 817 Fee: . . . . . . . . . . . . . . (R-1 . .$15.00 other. . . . . . . . . . . . . $25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: 13RLICE HQLTEN Phone: 78 ( — 4139 Address: 25b 5 277'A)6:. AJ S1 44)/h0AJ 554 18 Status of applicant (owner, buyer, renter, agent, etc.-) : OLtJ�FR Street address and/or legal description of property petitioned for variance: 29nnn q R An] 4 f� R� Zoning district in which property is located: �-- Request: e> cog-1 bAcL LSEE ATTACHED LETTER) Pursuant to Section 15, Subd. 5, of ,the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardshiy, as distinguished from a mere inconvenience,. should the applicable ordinance be strictly 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. • Signature of applicant 1 • September 7, 1989 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 re: Petition for variance for 2909 Rankin Road Dear Planning Commission and City Council ; Enclosed please find two copies of Certificate Of Survey for the above referenced property. One shows a 30 foot front yard set back which encroaches on the Old Highway 8 side set back. The other survey shows .a 22 foot front yard set back which needs an 8 foot variance. I am running into what I consider an undue hardship because the shape of the property is making it very difficult to place a house. on. the property • in an aesthetically pleasing manner. This lot has an unusual 8 foot step to the East that the other lots along Rankin do not have. This must-have had something to .do with the Highway Easement at one time which I now understand is being deeded to the City. This 8 foot step is exactly what I need to make this lot work. Also the vacant lot to the North if they went with the 30 foot set back would align perfectly. It is quite obvious there is an undue hardship when you look at the .actual size of the property (triangular) , then look at the actual area that can be built on with all the set backs drawn in. I live in St. Anthony now, I am a Volunteer Fireman currently on a leave of absence, my whole family is deeply involved in the Community. Prior to closing on this lot I went to City Hall and discussed this lot with then City Manager David Childs. We discussed various set backs, options, designs,. etc, and he told me that because of the shape of the parcel an . undue hardship case could be made. The only reason I mention • this is because I didn't want you to think Ijust blindly went ahead with the purchase of this lot without investigating anything. Hopefully with the explanation and data provided you can understand why this variance is essential . Sincerely, . Bruce Holten Enclosures: 5 copies of Certificate Of Survey • r' • CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, October 3 , 1989 at 7: 30 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: • Consideration of a request from Bruce Holten, 2505 - 27th Avenue N.E. , for a setback variance to allow a twenty-two foot front yard setback from the required thirty foot setback (an eight foot variance) at 2909 Rankin Road. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter maybe referred to the Acting City Manager, 789-8881 . Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20, 1989 f MAILING LIST - 2909 RANKIN ROAD 10/89 'PROLD E. OLSON Thomas Gould Robert Markuson 3015 Rankin Road 3305 - 29th Avenue N.E. 2900 Rankin Road St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Re: 2930 Old Hwy. 8 Leonard A. Erickson Beverly Stafford Donald Makowske 2904 Rankin Road 3916 Penrod Lane 2919 Rankin Road St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Re: 2911 Rankin Road David Nordby William Simon James Elmes 2921 Rankin Road 2916 Rankin Road 3308 East Gate Rd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Brent Copp John T. Hegner 3304 East Gate Road 3305 East Gate Road St. Anthony, MN 55418 St. Anthony, MN 55418 • • . aint r iflihae DATE : APPROVAL = September 29 .1989 TO : Planning Commission Members FROM : Sue VanderHeyden, Acting City Manager 2 TEM : YARR, 3104 ARMOUR TERRACE, FENCE VARIANCE REQUEST Mr. and Mrs.. Nicholas Yarr, 3104 Armour Terrace, have requested a variance from the City ordinance, -Section' 340, pertaining to-fences. The attached letter and diagram illustrates that the privacy fence erected by the Yarr's in the back yard -ranges from 6 feet to 6.9 feet, with the St. Anthony fence ordinance allowing for a fence 6 feet in height. In the front yard, the fence erected by the Yarr's ranges from 6 feet to 6.6 feet, with the fence ordinance allowing a fence only 4 feet in height. As you can see by the attached letters from Public Works Director Hamer, he had discussed the violations with the Yarr's on numerous occasions, informing them that the fence would have to be made to conform with the ordinance or a variance application made. Mr. Hamer will be present to answer any questions or clarify matters. In addition, a letter from Mr. and Mrs. Glotzbach, 3108 Armour Terrace, is also attached. For your information, the 10-1/2 foot high fence mentioned by the Yarr's in their letter is located at 3100 Armour Terrace: This fence was in place before the existing fence ordinance was in effect, therefore the fence was grandfathered in. :cjk10.3.89 Date: c Fee: • (R-1 . . . . . . . . . ... . . . . :�50 Other. .$25.00) CITY OF ST. ANTHONY . ` PETITION FOR VARIANCE Applicant. ��CV1�� nct a" N* chola s wrr Phone: 8y- C��� a Address• -5004 -Y MOCA r 7,or race N" Status of applicant (owner, buyer, renter, agent, etc. ) : �\�� ► 1 ►" Street address and/or legal description of property petitioned for variance: -51 C L4- /-' ri»L"LO- rrc�Cc_ Zoning district in which .property is located: - � Request: Oa-FIQl\Ce- I 1'+V S�e_ CC-iziCact-G(h) .J Pursuant to Section 15, Subd. 5 , of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the. proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. `{es 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. `�es • Signature of applicant Va% 3104 7vmacz • c1(in,zzaPoLis, z,41(innziota 55419 August 21, 1989 TO ST.ANTHONY VILLAGE CITY COUNCIL We the homeowners at 3104 Armour Terrace are respectfully petitioning the City Council for: (1) A VARIANCE OF ONE FOOT (1 ft. ) fence height of Fence A & B (see diagram) FROM FRONT OF HOUSE TO REAR PROPERTY LINE, FOR A CONSISTENCY OF A SEVEN (7) FOOT HEIGHT: AND: (2) A V RTANCF OF THREE (1) FRET FROM FRONT OF HOUSE SIX (6) FEET OUT TO THE STREET TO MAKE IT CONSISTENT WITH BACK The grade of the ground is not consistent thus variance in height of fence is needed. The boards applied are six (6) feet, treated boards with air space underneath them needed to maintain lawn. Our 97-inch dining room picture window overlooks the neighbors garage and driveway. We have suffered undue hardship of having to have drapes drawn for practically 10 years due to unsightly junk stored by garage and various containers (up to 5-gallon ones) of open-top crank case oil. Our requests to remove this junk or move it to large empty lot owned by neighbor on their west side, has basically gone unheeded. (See photos) . bdE HAVE HAD A VERY GOOD RELATIONSHIP WITH OUR NEIGHBORS ALL THIS. TIME, basically because we were very amicable and patient. When neighbors were approached about the fence, they initially had no objections and approved our efforts. We have four pre-teen and teenage daughters attending our Village schools, and thus have greater need for enjoying the privacy and beauty of our backyard. We have removed old, large gnarled and mostly dead trunks of old bushes and cleaned up the yard plus put up an expensive fence. The height of this fence is not incongruous with surrounding structures, since neighbor to our west has a 102 foot high fence across their entire back yard and that of their empty lot. (See Photo) . We would appreciate this City Council's favorable consideration in granting us this variance, so. that we may finish sodding grass and enjoy the beauty and serenity of our back yard. Respectfully yours, L. DR. NICHOLAS N. YARR lr VALENTINA P. PARR( ,' • CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, October 3, 1989 at 7: 45 P.M. in the. Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: Consideration of a request from Valentina and Nicholas Yarr, • 3104 Armour Terrace, for a variance concerning privacy fence height at the same address. The variance request is for an additional foot (from six feet to seven feet) in the back yard and an additional three feet (from four feet to seven feet) in the front yard. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 2.0, 1989 • 3104 ARMOUR TERRACE DONALD GULLICKSON WALTER PAWLYSITYN DAVID BOARDWELL 3104-31ST AVENUE N.E. 3008-31ST AVENUE N.E. 3012-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ARTHUR J. VANSLOUN DANIEL KOPKA ALLEN ONG 3100-31ST AVENUE N.E. 3108-31ST AVENUE N.E. 3112-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 RAUL CARETTA MR. & MRS. D. GOLDNER IVAR SLETTEMOEN 3200-31ST AVENUE N.E. 3025-31ST AVENUE N.E. 3027-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 FRANCIS W. ZEUG JAMES OSBORN JEAN M. KLOOS 3109-31ST AVENUE N.E. 3201-31ST AVENUE N.E. 3023-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 MICHAEL ENGELMEYER FRANK PLASEK CHARLES J. GLOTZBACH 3200 ARMOUR-TERRACE 3112 ARMOUR TERRACE 3108 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 GEORGE ZAHHOS HAROLD FROEHLICH JACK W. LOWER 3100 ARMOUR TERRACE 3016 ARMOUR TERRACE 3012 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 DONALD L. JOHNSON JOHN LUNDGREN CARL MARIHART 3008 ARMOUR TERRACE 3005 ARMOUR TERRACE 13101 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 H. A. JENSEN' ELEANOR V. MURLOWSKI WILFRED A. WOHL 3105 ARMOUR TERRACE 3109 ARMOUR TERRACE 3113 ARMOUR TERRACE ST. ANTHONY, MN ' 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 WILLIAM HENRY 3201 .ARMOUR TERRACE ST. ANTHONY, MN 55418 31C4 �4 r1-�i LC . >c • •i. JZEAI� (sa�c nrd\ J 5100 6a C-L u Fe v cc P+. N�- I - ��rJi NG ROOn1 3 n (JJt N t*(-j IIY� r� �jo1- .1 71.12 r � ✓ -r K V 4T.• q'aF3a►rd) 1 r ra cc • F2o Q T (A2rnoul�i Efit2acc`) • 3108 Armour Terrace mpis., Mn. 55118 September 18, 1989 To: St Anthony Village Planning Commission and St. Anthony Village Council From: Charles and Helen Glotzbach Subject: Violation of Village Ordinances on Fences We were sorry to learn to-day that the Planning Commission will not meet tomorrow as originally planned--but will meet on October 3 when we are booked for a fall trip to New England and Canada. Please consider these brief statements as you take up the issue of the Yarr fences at your October 3 meeting: • July 14 Mr. Yarr brought home 8 foot boards to build what he e� called a decorative screening wall near_ our property line. He would not consider a wall of lesser height, so Mrs. Glotzbach immediately phoned the St Anthony Village Administrative Office and was told that fences in the back mutt not be more than b feet tall. We gave this information to Mr. Yarr, but he said he would build the 8 foot screen, that he would not deal. with us--and that he would do whatever the city said he should do.. By night he and a helper had built the fence 8 feet high and almost 18 feet long. He talked about the possibility of fencing his entire back yard. July 21 Mr. Yarr and his assistant cut one foot off the 8 foot fence. For over two months we have had a seven foot fence. It is very long (nearly 18 feet) and extends clear to the ground. It is very much a wall instead of a decorative screen. End of July Mr. Yarr built a new 5 foot 5 inch section somewhat perpendicular to the 18 foot section, connecting the original wall to his home. This new section was 7 feet tall--to match the 18 foot section. • After two months the boards in the fence have shrunk in width and and have warped at the top and bottom-- probably because support cross- bars are too far from the top and bottom. RECOMMENDATION: We strongly recommend that the entire fence visible from our property conform to the Saint Anthony Village ordinances concerning fences. We hope this fence will meet specifications at an early date. FOOTNOTE: We note that Mr. Yarr also built a fence 6' 2" to 61 8" tall on the Zahhos side of his yards and that the highest part (61 i") extends 8 feet beyond the front corner of the Yarr home (toward the street). This high fence in front of the house is unsightly from the street and blocks public view of nice evergreen trees. We understand Saint Anthony Village restricts front yard fences to four feet. Unless Mr. Zahhos feels differentlyp we recommend the front yard fence meet Saint Anthony Village requirements. • ffr '_�-S' r'i �- � ..�{ � '•• � "r�. . ain thou � illy e Administrative Offices 3301 Silver Lake Road, St Anthony, Minnesota 55418 (612) 789-8881 August 2, 1989 Dr. Nicholas Yarr 3104 Armour Terrace St. Anthony, MN 55418 Dr. Yarr: On several occasions you and I have discussed the fence you are constructing and the -fact that there are code violations (you were given a copy of the ordinance pertaining to these • violations) . To recap those discussions: 1. The fence is not to exceed 6 feet in height, measuring 'from the ground level. Your fence is higher than 6 feet on both sides of your property. 2. The fence on the west side has been constructed past the front of the principle structure and therefore that portion of the fence must be no higher than 4 feet. Your fence is from 6 to 8 feet high. 3 . The ordinance states that the finished side of the fence must face outwardly. The finished side of ,the fence on the west side of your property faces inward to your own property. Ordinarily only one inspection needs to be done for fence construction. To this point, I have been to your home three times and have explained to you what -is to be done to bring the fence into conformance with the City Codes. This is to inform you that you will be- issued a citation by the Police Department if these violations are not corrected by August 10, 1989. Robert(Bob)Sundtand Mayor Councilmembem Richard A Enrooth,Judy Makowske,.George Marks,Clarence Ranallo Dr. Nicholas Yarr August 2, 1989 Page 2 Please contact me as soon as the fence is brought into conformance. Thank you. Sincerely, C� Larry Ha e3 Public Works Director LH:cjk • . aofflae th o Administrative Offices 3301 Silver Lake Road, St Anthony, Minnesota 55418 (612) 789-8881 August 8, 1989 Dr. Nicholas Yarr 3104 Armour Terrace St. Anthony, MN 55418 Dr. Yarr: Following our discussion regarding the finished side .of the fence .f acing outward, I've discovered this regulation had not been approved as part of St. Anthony's "Fence • Ordinance" . My letter of August 2nd should have listed the first two items only. Please accept my apology. You do need to apply for a variance as to' the height of the fence. Please completed the enclosed application and return it to me at City Hall. In addition, there will .be a $15.00 fee and, the completed application must be received by August 30. 1989 to be considered at the September 19th Planning Commission meeting. Thank you and if you have any questions, please feel free to contact me. Sincerely, Larry Ham Public Works Director LH:cjk Enclosure Robert(Bob) Sundland.Mayor Councilmembers:Richard A Enrooth,Judy Makowske,George Marks,Clarence Ranallo Section 340:00 Section 340:00 = Fences 340 Fences. 340 : 05 Building Permits Required. A building permit shall be required for the construction or alteration of a fence, and for any additions to .a fence. The permit shall be obtained in the name of the owner of the property on which the fence is or will be located. Application shall be made on forms provided by the City, and the applicant snall provide the Building Inspector with a set of plans and specifications for the fence. Permit fees shall be paia in accordance with the Uniform 13uilding Code. 340. 10 Requirements. Subd. 1. Location. Any fence constructed or altered a-fter the effective date of this ordinance shall be located entirely upon the private property of the owner to whom the building permit was issued, and ownership of the permit shall pass with ownership of the property. The fence shall be set back a distance from the owner ' s property line sufficient to avoid encroachment onto adjoining private or public property or public right of way. Subd. 2. Abutting Public Property. If a fence is or is to be adjacent to a street, alley, public right of way or other public property, the City may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered .surveyor place permanent survey pins or stakes on the property line: If the survey information is not available and the applicant elects not to establish the property line by survey, the permit shall not be issued unless the applicant signs an affidavit stating that the applicant is the owner of the premises upon which the fence exists or is to be located. Subd. 3. No fence shall be over 6 feet in height, and no fence in a front yard shall be over 4 feet in height. Height small be measured from the natural grade. 1 Subd. 4 . No fence along a puolic street shall be constructed or altered so as to visually obstruct the view from a vehicle on that street of approaching traffic on that street or another street. Section 340: 15 Construction and Maintenance. Every fence shall be constructea in a substantial manner and of substantial material , reasonably suitable for the purpose for which the fence is intended. Every fence shall be maintained in a condition of reasonable repair and shall . not by reason of age, decay, accident, or otherwise, be -) allowed to become or remain in a state of disrepair so as to be or tend to be a nuisance to the injury of the public or any abutting property. Any fence which is dangerous by reason of its construction or state of disrepair or is otherwise injurious to public safety, health or welfare -is hereby declared to be a nuisance. Section 340: 25 Prohibitions. It shall be unlawful for any person to construct and maintain or allow to be constructed or maintained upon any property located within the limits of the City of St. Anthony any barbed wire - fence or any fence which is charged or connected with electrical current in a manner as to transmit current to a person or animal which might come in contact with the fence. Section 340: 30 Penalty. Violation of this Ordinance shall be a penal offense and upon conviction thereof shall be .punishable as in this code provided for each such offense. Each day that the violation is permitted to exist shall constitute a separate offense. a®RE thon e DATE : A P PROVAL = September 29 , 1989 TO : Planning Commission Members FROM : Sue VanderHeyden, Acting City Manager I TEM : CLARK'S SUBMARINE SANDWICHES, 2922 PENTAGON DRIVE, CONDITIONAL USE REQUEST Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, has requested to place a drive-through service window on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center (where Nationwide Sewing Machine is presently located) . Approval of a conditional use permit is requested for a drive-through in a C, Commercial, district. In addition, the proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. The attached plan details the ingress and egress of traffic low as well as parking availability. Public Works Director Hamer has reviewed the _ plans and will be present for questions. In addition, the Clark's Group representatives will also be in attendance. No contact has been made to this office either for or against this request. • :cjk10.3 .89 r • Date: September 14, 1989 Fee: $100.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL 'USE PERMIT (other than day care center) Applicant: Clark's Submarine Sandwiches Phone: 291-1374 Address: 417 University Ave. , St. Paul, MN 55103 Status of applicant (owner, buyer, renter, agent, etc. ) : Renter Street address and/or legal description of property in question: St. Anthony Shopping Center Highway 88 St. Anthony, MN Zoning district in which property is located: C-Commercial- Conditional use proposed: Drive-thru Service Window Minnesota Statutes and City Ordinances require that the following • conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. Allowed previously within this zoning in the City. 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. Clark's drive-thru provides comfortable, convenient service to'those customers not wanting to park and enter store, thereby reducing need for more parking and con- gestion, offering a more secure environment for evening shoppers. 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 convenience and will contribute to the general welfare of the neighborhood or community. Drive-thru windows are preferred by an ever increasing customer base offering safe, efficient service in an orderly convenient manner. • Signature of applicant: • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT 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, October 3 , 1989 at 8:00 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: • Consideration of a request from Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, MN 55103, for a conditional use permit to place a restaurant drive-through on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City .Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20, 1989 MAILING LIST - 2922 PENTAGON DRIVE 9/89 Eberhardt META Operating Partnership • 3250 W. 66th Street c/o Dan 'Tyson R. T. Johnson Meat Co. P.O. Box 1385 Young Quinlan Bldg. 2801 Kenzie Terrace Minneapolis, MN 55440 81 South 9th Street St. Anthony, MN 55418 Minneapolis, MN 55402 St. Anthony Unocal-76 Gary Zahrbock Joseph Schlunder 2812 Kenzie Terrace 2704 - 27th Ave. N.E. 2708 - 27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 E. M. Lantto Palmer Gunderson Nationwide Sewing Machine 2712 - 27th Ave. N.E. 2800 - 27th Ave. N.E. 2922 Pentagon Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony Mobil Town & Country Foods Walker Methodist 2616 Highway 88 2550 Highway 8 3737 Bryant Ave. S. St. Anthony, MN 55.418 St. Antony, MN 55418 Minneapolis, MN 55409 Northgate 2526 Highway 88 St. Anthony, MN 55409 • lVilla �e "hon PPROVAL = DATE s A Sieptember 29 , 1999 TO Planning ]FROM: Sue VanderHeyden, Actin2 City Manager CLARK'.S SUBMARINE SANDWICHES, 2922 PENTAGON DRIVE, SIGN VARIANCE REQUEST Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, has requested a sign variance for approval to place a drive-through sign on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center (where Nationwide Sewing Machine is presently located) . The proposed sign is 2 .5 feet X 8 feet for a total of 20 square feet. The store front identification sign is proposed to be 39 square feet (3 feet X 13 feet) . The business will have a store frontage of 20 feet, therefore allowing them 40 square feet of signage according to the St. Anthony sign ordinance. The second sign requested would bring the total signage at Clark's to 59 square feet. In addition, a menu board has been included for concept review at this time. A future public hearing would be required to consider such a request. However, I felt it would be appropriate to review all proposed signs at this time. The menu board is proposed to be 2.5 X 5 feet, a total of 12.5 square feet. The inclusion of the menu board would bring the total signage for the Clark's Submarine Sandwiches business to 71.5 square feet. No one has contacted this office either for or against the request for the first two signs. :cjk10. 3 .89 • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, October 3, 1989 at 8:15 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: • Consideration of a request from Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, MN 55103 , for a sign variance to place a drive-through sign on the side. of 2922 Pentagon Drive in the St. Anthony Shopping Center. The proposed sign is 9 .75 square feet ( 1 . 5- x6.5) designating the business name and drive-through service. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20, 1989 • MAILING LIST - 2922 PENTAGON DRIVE 9/89 • Eberhardt META -Operating Partnership 3250 W. 66th Street c/o Dan Tyson R. T. Johnson Meat Co. P.O. Box 1385 Young Quinlan Bldg. 2801 Kenzie Terrace Minneapolis, MN 55440 81 South 9th Street St. Anthony, MN 55418 Minneapolis, MN 55402 St. Anthony Unocal-76 Gary Zahrbock Joseph Schlunder 2812 Kenzie Terrace 2704 - 27th Ave. N.E. 2708 - 27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 E. M. Lantto Palmer Gunderson Nationwide Sewing Machine 2712 - 27th Ave. N.E. 2800 - 27th Ave. N.E. 2922 Pentagon Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony Mobil Town & Country Foods Walker Methodist 2616 Highway 88 2,550 Highway 8 3737 Bryant Ave. S. St. Anthony, MN 55418 St. Antony, MN 55418 Minneapolis, MN 55409 Northgate • 2526 Highway 88 St. Anthony, MN 55409 • Date: September 14, 1989 Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE .Applicant: Clark's Submarine Sandwiches Phone: 291-1374 Address: 417 University Ave, St. Paul MN 55103 Status of applicant (owner, buyer, renter, agent, etc. ) : Renter Street address and/or legal description of property petitioned for variance: St. Anthony Shopping Center Highway 88 St. Anthony, MN Zoning district in which property is located: C-Commercial Request: Sign Variance for drive-thru Minnesota Statutes and City Ordinances require that the following conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. A Variance is needed only to identify the window as our service area. 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. It would be difficult for potential customer to find the service area without identification. 3) The conditions upon which the applications for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land- use classification. This location is uniquely suited to offering drive-thru service and convenience for our customers. Signature of applicant: "' • I ts 10 sIwE- R SAKE Ronk • , f I Mi 73 I tf i I' i CLARK'S--- ..PT.ANTHONY hmmm wcMbda __• nb b,e or.��,rPY���+M61�ICfI ifil000 � - IJ 1 . CITY OF ST. ANTHONY CITY COUNCIL MEETING CITY COUNCIL MINUTES - AUGUST 22, 1989 1 1 . The meeting was called to order. at 7:30. P.m. with the Pledge of Allegiance 2 led by Mayor Sundland. 3 4 2. ROLL CALL 5 6 Present: Marks, Ranallo, Enrooth, Makowske, Sundland 7 8 Also present: Sue VanderHeyden, Acting City Manager 9 William Soth, City Attorney 10 11 3. APPROVAL OF AUGUST 8, 1989 COUNCIL MEETING MINUTES 12 13 Motion by Marks, second by Makowske to approve the August 8, 1989 Council 14 Meeting.minutes with -the following correction: 15 page 2, Re: Approval of 3.2 beer permit; The motion for approval was made 16 by Enrooth and seconded by Makowske. 17 18 Motion carried unanimously 19 20 4. LICENSES/PERMITS/PETITIONS 21 22 Motiop by Marks, second by Enrooth to approve the following licenses: 23 24 Contractors: �5 Peterson Maintenance Corp. , Little Canada, Mn. 26 Vogel Display Co. , dba: Gordon Millwork, Hopkins, Mn. 27 Rasmusson Construction, Brooklyn Park, Mn. 28 William Kranz Construction, Brooklyn Park, Mn. 29 30 Heating: 31 Marsh Heating S Air Conditioning, Brooklyn Park, Mn. 32 Maple Grove Heating b A/C, Brooklyn Park, Mn. 33 Market Mechanical., Plymouth, Mn. 34 Wenzel Heating b A/C, Eagan, Mn. 35 Bowler Co. , Minneapolis, Mn. 36 Motion carried .unanimously 37 38 14ult.iple Dwelling: 39 Kridle Partners, 124 Canabury Court, St. Paul , Mn. 40 Motion by Marks, second by Ranallo to approve the license for Kridle Partners, 41 124 Canabury Court, St. Paul , to be located at 2938 - 3004 Old Highway #8. 42 43 Aye: Marks, Ranallo, Enrooth, Sundland 44 Abstain: Makowske Motion carried 45 46 Motion by Ranallo, second by Sundland to approve the followinq 3.2 beer oermits: 47 • 48 Robert Davies, 3001 29th Avenue. N.E. , Central Park, September 10, 1989 49 Village Originals 50 Mark Benidt, M.D. , 3428 Downers Drive, Central Park, September 16, 1989 Family Reunion R 1 2. 1 Motion carried unanimously 2 3 5. PRESENTATION OF CLAIMS 4 5 A. Verified . 6 Motion by Marks, second by Ranallo to approve payment of the verified claims. 7 Makowske noted that check #06579 for Jim Cooper, Canada Goose, should be in 8 the amount of $334.00 rather than $1 ,000.00. -The Acting City Manager concurred 9 and indicated a correction will be made. 10 11 Motion carried unanimously 12 13 B. Motion by Makowske, second by Marks to approve payment of $1 ,388.09 to 14 Rieke Carroll Muller Associates, Inc. for professional services relating 15 to the temporary water treatment facility. 16 17 Motion carried unanimously 18 19 C. Motion by Marks, second by Enrooth to approve payment of $19,627.86 20 to the Metropolitan Waste Control Commission for sewer service charges. 21 22 Motion carried unanimously • 23 24 D. Motion by Ranallo, second by Enrooth to approve the payment of $15,290.00 �5 to Hayden-Murphy Equipment Company for the Simco 2400 Drill Unit powered 26 with a Wisconsin gas engine and an hydraulic slide base. Because there were �7 some questions regarding this equipment, its use, and its cost, the motion 28 was withdrawn. 29 Motion by Marks, second by Ranallo to table this item for additional infor- 30 mation. 31 Motion carried unanimously 32 . 33 E. Motion by Enrooth, second by Marks to approve payment of $2,400.00 to 34 Hance and Levahn for legal services rendered for the month of August, 1989 35 relative to St. Anthony prosecutions. 36 37 Motion carried unanimously 38 39 F. Motion -by Enrooth,. second by Marks to approve payment of $1 ,360.23 to GAB 40 Business Services, Inc. relating to the satisfaction of an accident claim 41 involving a City truck and damage to a resident 's vehicle. 42 43 Aye: Marks, Ranallo, Enrooth, . Sundland 44 Abstain: Makowske 45 Motion carried 46 47 48 Senator John Marty was present to discuss legislative issues, in particular, • 49 the Governor's proposed tax bill and items which may be considered at the 50 Legislature's Special Session in September. 3. • 1 In his opinion, the Senator felt the- Special Session would address tax issues 2 specifically, but would probably address the SCORE bill as well . 3 4 Councilmember Marks expressed his concern in meeting the mandate of the Open 5 Meeting Law as it applies to interviewing candidates for the position of City 6 Manager. He noted that at the present .time the St. Anthony City Council is in 7 the position of doing just such interviews. He stated it has been particularly 8 difficult as candidates were placed in an awkward position if their interviewing 9 were made public and it also may eliminate possible good candidates. Senator Marty 10 recognized the dilemma and how it could inhibit qualified people. Councilmember 11 Marks requested the law be reviewed and some amendment be considered for "sheltered 12 personnel issues." 13 14 A resident in attendance felt property taxes on rental property should receive 15 some discount for improvements to the property. He felt an increase -in valuation 16 resulting from improvements served as a negative reinforcement to rental property 17 owners. 18 19 Discussion continued regarding the Ethics Bill authored 'by Senator Marty. Some 20 members of the Council felt it would have a severe impact on elected officials 21 and was, indeed, requiring some personal information of .public officials that 22 was not.,pertinent to their service. • 23 24 Councilmember Makowske had recently attended a Ramsey County League of Local 25 Governments meeting where the proposed one percent sales tax to be levied by . 26 municipal governments was discussed. She felt this could be devastating to �7 small communities. 28 �9 Mayor Sundland advised the Senator that all cities in the State were having a 30 problem setting their budgets and noted that to pass a tax bill was the primary 31 reason the legislators were sent to St. Paul . Senator Marty noted he was as 32 shocked as anyone when the Governor vetoed the tax bill . 33 34 Ranallo observed that the vetoed tax bill would not have benefitted the City 35 of St. Anthony. He requested that the Senator review how all of the cities 36 in his district would fair with any proposed tax bill as well as any other 37 issues which may be introduced in a Special Session. 38 39 The resident at 2500 34th Avenue N.E. requested that the Legislature pass 40 some guidelines regarding municipal liquor operations. Senator Marty res- 41 ponded that he preferred municipal liquor control , rather than private. 42 - He felt there is better control with municipal liquor operations, and that 43 the sole interest was not only profit. 44 45 Councilmember Marks - felt the Legislature has made a serious .mistake regarding 46 vehicular .speeding by passing the Dimler Amendment which has resulted in a 47 reduction of courtesy and caution. The Senator noted he 'doesn' t expect the 48 Amendment to be repealed. 49 50 Senator Marty invited all members of the City Council: to call or write him 4. 1 regarding any of their concerns. Senator Marty left the Council meeting 2 at 8:35 p.m. . 3 4 6. REPORTS 6 A. Planning Commission - August 15, 1989 Minutes 7 8 1 . Conditional Use Permit - 2500 39th Avenue N.E. 9 The Acting City Manager advised the Council that this Conditional Use 10 Permit is a reissuance of a previously -approved Conditional Use Permit. 11 The only change is a new location. 12 13 Motion by Makowske, second by Marks to approve a.-Conditional Use Permit 14 allowing the operation of a school of massage and therapeutic massage 15 treatments in a Commercial "C" zoning classification at 2500 39th Avenue 16 N.E. . 17 18 Motion carried unanimously 19 20 B. Council 21 22 Mayor,Sundland reported on his trip to St. Anthony's Sister City of Salo, 23 Finland. He spent nine days there and found the City ,to be delightful and • 24 its residents very friendly and hospitable. The Mayor noted that there is 25 much enthusiasm in receiving the St. Anthony Civic Orchestra in its impending 26 visit. He has many photos and memorabilia which he will assemble in a 27 packet for the Council and any interested residents. 28 �9 Councilmember Makowske mentioned the Ramsey County League of Local Govern- 30 ments meeting she attended noting that the Ramsey County Assessor's Office . 31 is set up differently than St. Anthony's. Much of her report on the meeting 32 has been covered while Senator Marty was in attendance. 33 34 Councilmember Ranallo received a letter from a Stinson Boulevard resident 35 regarding litter and debris in the City. He expressed concern that the 36 anti-littering ordinance was not being enforced, but also •recognized 37 that this type of activity is difficult to police. He requested staff to 38 check with the Police Department regarding this matter and follow up 39 on tickets being written. A resident in attendance suggested signs be 40 posted reminding people of the anti-littering ordinance. Councilmember 41 Makowske felt signs are litter themselves and that this reminder may be 42 better served if it were included in the City's newsletter. 43 44 Councilmember Marks suggested that any celebrations in Central Park be 45 set up on the north side of the Park. He felt the residents on the other 46 side of the park were inconvenienced with the music and the noise. 47 48 Councilmember Ranallo noted that Clarence Oster had died. Councilmember 49 Enrooth requested staff to send a sympathy card to the family. Mr. Oster 50 had worked with the Council and City staff on behalf of the Army and the 5. 1 2 Arsenal . 3 4 C. Departments and Committees 5 5 The following reports were ordered filed: 7 8 1 . Hance b LeVahn, Ltd. : Council received a copy of a report from Hance 9 s LeVahn Ltd. indicating various matters conducted at the Hennepin 10 County District Court up to and including August 2, 1989. This was 11 for informational purposes and no Council action was required. 12 13 2. -Liquor - July, 1989 Sales Summary 14 Mayor Sundland felt the figures for off-sale in Store #1 were good. 15 16 17 D. Acting City Manager 18 19 Staff Meeting Notes - August 15, 1989 20 21 Larry Hamer felt costs for boulevard tree replacement will go over what • 22 had initially been anticipated. Councilmembers Makowske and Enrooth requested 23 that the costs be prepared for the next Council meeting. 24 25 The crosswalks have been painted: Councilmember Marks expressed a "Thank 26 You" on the completion of this painting. 27 28 Well #3 is operating: It was noted that the odd/even system will be dis- 29 continued after Labor Day. 30 31 Sign Ordinance. Mailing Request: The Acting City Manager advised that to do a 32 mailing of the sign ordinance to all of the businesses in the City would cost 33 approximately $1 ,000.00. Councilmember Marks suggested the Chamber of Commerce 34 may be interested in this project. 355 3Permanent plant bids: The Acting City Manager noted that the bids are scheduled 37 to go out the first or second week in September. Construction should start 38 in April 1990 with completion targeted for the Spring of 1991 . She has nego- 39 tiated an extension through April 1991 on the temporary plat at no charge. Council- 40 member Ranallo inquired about the costs for changing. the filters. The Acting 41 City Manager advised that all the monies are being included in the lawsuits. 42 She also has no current information regarding the City's recourse against 43 the EPA. Councilmember Ranallo felt these concerns should .be brought to 44 Senator Marty's attention for some assistance. He also requested that Briggs 45 and Morgan write a letter to the EPA regarding this situation- and the lengthy 46 time it is taking for resolution. 47 • 48 Tax Increment Financing: Bob Thistle of Springsted wrote to advise the Council 49 of his interest in meeting to discuss Tax Increment Financing. A Council 50 work session has been scheduled for September 6th at 6:00 p.m. . r- ^ 6. 1 Budget Meeting: A budget meeting has been scheduled for September 18th 2 at 6:00 p.m. . 3 4 The Hennepin County Assessor's Office will commence its work around October 5 1st and will notify St. Anthony when assessinv staff will -be coming to the 6 City. - 7 8 The pay telephone has been moved to the outside of City Hall . It wi:11 need 9 a metal identification sign installed on the building.. This matter was 10 referred to the Planning Commission. 11 12 Vern Hoium has requested to be included on the September 12th Council 13 Meeting agenda. Councilmember Enrooth requested he be on the September 14 26th agenda. 15 16 7. PUBLIC HEARINGS 17 18 There were no public hearings. 19 20 8. NEW BUSINESS 21 22 A. Sweatshirts With City Logo: Councilmember Makowske recommended fifty • 23 shirts be purchased at this time and the Council concurred. The Acting 24 City Manager suggested they be selected in sizes of large, extra large, 25 and a few medium. 26 27 B. First Reading of Ordinance No. 1989-001 : Licensing Recyclables 28 The Acting City Manager distributed revised copies of the Ordinance and �9 reviewed the changes. Discussion was held regarding rates, costs to be 30 borne by property owners and license fees. The Acting City Manager requested 31 that rates not be set at this reading. She felt staff. should get additional 32 information regarding actual costs. Councilmember Marks requested staff 33 to keep records of their actual time used so administrative costs would 34 be accurately charted. 35 36 An ordinance requires three readings. 37 38 Motion by Marks, second by Sundland to approve. the first reading of Ordinance 39 No. 1989-001 , omitting the fees. 40 41 Motion -carried unanimously 42 43 C. Resolution No. 89-023: Silver Lake Water Quality - Rice Creek Watershed 44 District Grant Application 45 Motion by Ranallo, second by Marks to approve Resolution No. 89-023. 46 A resident in attendance felt this resolution would allow the municipalities 47 involved with .Silver Lake water quality to have good control. and would 48 unlock the control the consultant may have on the costs and the bid. 49 50 Motion carried unanimously 7. 9. UNFINISHED BUSINESS 1 2 A resident advised the City Council he had approached the Pull Tab 3 Committee regarding the use of some of their funds for. sidewalk instal- 4 lation in the City. Councilmember Ranallo noted that there are legal 5 restrictions on how much the City can demand from pull tab monies. He 6 requested the City Attorney to pursue this matter. 7 8 Councilmember Marks noted that sidewalks are needed and many years ago 9 the issue had been addressed by a committee. Councilmember Ranallo re- 10 quested an educational study be done on both streets and sidewalks as 11 they both are needed for pedestrian and vehicular safety. Councilmember 12 Marks felt priority locations should be established. 13 14 A member of the -staff attended a Plastics Conference. Items discussed at 15 the Conference were reviewed by the Acting City Manager. She recommended 16 that some of the information from the Conference be included in the Fall 17 newsletter. Councilmember Enrooth stated that the Council has to soon 18 be considering types of containers for recycling. The Acting City Manager 19 advised she has submitted a grant application to Hennepin County for 20 funding assistance. 21 22 10. ADJOURNMENT 23 24 Motion by Ranallo, second by Enrooth to adjourn the meeting at 9:45 p.m. . 25 26 Motion carried unanimously 27 28 29 30 31 Respectfully submitted, T 32 33 34 35 Jo-Anne Student, Council Secretary 36 37 38 39 40 41 42 43 44 45 46 47 • 48 49 50 CITY OF ST. ANTHONY CITY COUNCIL MEETING CITY COUNCIL MINUTES - SEPTEMBER 12, 1989 1 1 . CALL TO ORDER 2 Mayor Sundland called the meeting to order at 7:30 p.m. and Councilmember 3 Ranallo led the Pledge of Allegiance. 4 5 2. ROLL CALL 6 Marks, Ranallo, Makowske, Sundland - present Enrooth - absent 7 Staff Present: Sue VanderHeyden, Acting City Manager 8 9 3. APPROVAL OF AUGUST 22, 1989. COUNCIL MINUTES 10 Motion by Ranallo, second by Marks to approve the August 22, 1989 Council 11 Meeting minutes with the following corrections noted: 13 page 1 , line 41 : Motion should read: "Motion by Marks, second by Ranallo 14 to approve the licenses for Kridle Partners, 124 Canabury Court, St. Paul , 15 for the locations at 2938 and 3004 Old- Highway #8." 16 page 2, line 1 : Roll call should be: Ranallo, Makowske, Enrooth, Sundland - 17 aye Marks - nay t8 page 4, line 31 : The sentence should be completed in the following manner: 19 " . . the Ramsey County Assessor 's Office is set up differently than is the 20 Hennepin County' s portion of St. Anthony." 21 page 4, .line 44: Should read : "Councilmember Marks suggested that any. 22 celebrations in Central Park not be set up on the north side of the Park." �3 page 5, line 33: Should read: "Councilmember Marks noted that the Chamber of 24 Commerce has already begun participation on this project." �5 page 6, line 39: typo correction: "plants" 26 page 6, line 5: Should read : "St. Anthony City offices" rather than "St. Anthony" �7 page 7, line 2: Should read: "Doug Jones" rather than "A resident" 28 Motion carried unanimously �9 4. LICENSES AND PERMITS 30 Motion by Marks, second by Makowske to approve the following licenses: 31 32 Contractors 33 Day's Construction and Remodeling, Arden Hills, Mn. 34 R.ichard .Hastings Co. , Fr.idley, Mn. 35 Merle's Construction Co. , St. Paul , Mn. 36 The Delory Co. , Maplewood , Mn. 37 Seviola Construction Co. , Blaine, Mn. 38 Motion carried unanimously 39 40 3.2 Beer Permits 41 Motion by Ranallo, second by Sundland to approve the following 3.2 beer 42 licenses: 43 44 Patricia Puffer, 4025. Fordham Drive, September 16, 1989, Emerald Park, 45 Neighborhood Get Together 46 St. Charles Mardi Gras, 2727 Stinson Boulevard, February 25, 1990 47 Bill Meyers, 3460 Hayes Street, September 16, 1989, Central Park, 48 Softball Tournament • 49 It was noted that the permit for the St. Charles Mardi Gras was to 50 include permission to serve wine as well . September 12,. 1989 Council Meeting page 2 • 1 Roll call : Ranallo, Makowske, Sundland - aye Marks - nay 2 3 Motion carried 4 5 5. PRESENTATION OF CLAIMS 6 7 A. Motion by Marks, second by Makowske to approve the verified claims as 8 listed. 9 Motion carried unanimously 10 11 B. Motion by Marks, second by Ranallo to authorize a payment of $3,348.00 12 to Calgon Carbon Corporation for a temporary granular activated carbon 13 _ system. 14 Motion carried unanimously 15 16 C. Motion by Makowske, second by Marks to authorize a payment of $1 ,474.70 17 to Rieke Carroll Muller Associates for professional services rendered 18 regarding the temporary water treatment facility. 19 Motion carried unanimously 20 21 D. Motion by Ranallo, second by Makowske to authorize a payment of $5,530.00 22 tp Bergerson Caswell , Inc. for labor, equipment and materials to repair 2.3 deep well #3- 24 /3•24Motion carried unanimously 25 26 E. Motion by Marks, second by Makowske to authorize a payment of $256.88 to 27 Short-Elliott-Hendrickson for construction services rendered to the 28 Foss Road pumping station. �9 Motion carried unanimously 30 31 F. Motion by Marks, second by Ranallo to authorize a payment of $7,289.00 to 32 Zahl Equipment Company for a Veeder root tank mondtor system with printer. 33 .34 Motion carried unanimously 35 36 G. Motion by Ranallo, second by. Makowske to approve a payment of .$13,340.00 37 to the League of Minnesota Cities Insurance Trust. 38 39 Motion carried unanimously 40 41 H. Motion by Marks, second by Ranallo to approve.a payment of $3,281 .00 to 42 Employee Benefit Administration for insurance coverage. 43 44 Motion carried unanimously 45 46 1 . Motion by Ranallo, second by Marks to approve a payment of $2,400.00 47 to Hance E LeVahn, Ltd. for Village prosecution services. 48 49 Motion carried unanimously • 50 September 12, 1989 Council Meeting page 3 1 J. Motion by Marks, second by Sundland to approve payment of $1 ,105.34 to 2 Dorsey and Whitney for legal services rendered from July 1 through July 3 31 , 1989; and to approve payment of $2,246.62 for legal services rendered 4 regarding contract termination issues. Motion carried unanimously 5 6 7 St. Anthony Sports Boosters Presentation 8 Two representatives of. the Sports Boosters, Dan Kramer and Terry Taylor, pre- 9 sented a check . in the amount of $4,000 to the Council . These funds were raised 10 by the St. Anthony .Lions Club, the St. Anthony Chamber of Commerce and the 11 St. Anthony Sports Boosters for the purposes of financing .the cost of the new 12 Village float. i 13 14 Councilmember Ranallo .commented on thesuccess of the Village Fest and briefly 15 reviewed some of the organizational problems encountered in its planning. He 16 noted that the float is being provided on .a two-year lease arrangement. Parti- 17 cipation in a number of other community activities was not as frequent as had 18 been hoped as the float was not completed at the anticipated time. 19 20 Councilmember Ranallo advised the Council that some residents of the community 21 are in the process of setting up a non-profit corporation to be known as Village 22 Fest, Incorporated. The City Attorney has volunteered his services in drafting �3 corporate by-laws and organizing this body. He stated that the Apache Plaza • 24 Corporation has indicated they no longer will be sponsoring a queen pageant. �5 Also, one of the goals of this Corporation will be to raise funds for a com- 26 munity bandshell . The Village Fest Committee has scheduled a meeting in City 2.7 Hall for September 13th at 7:00 p.m. . 28 29 Mayor Sundland and members of the Council thanked the representatives of the 30. Sports Boosters for the very generous contribution. 31 32 6. REPORTS .33 34- A. Council 35 36 Proclamation: "Community Education Day - November 14, 1989" 37 Sue VanderHeyden advised the Council that the St. Anthony theme for Community 38 Education Day is focused on strengthening families. She explained that it 39 is important. that all citizens of St. Anthony be aware of the importance of 40 the family unit and the positive impact that spending time together can have 41 on strengthening the family. 42 43 Motion by Karks, second by Ranallo to approve the proclamation whose purpose 44 was paraphrased by the.Acting City Manager. 45 46 Motion carried unanimously 47 48 Councilmember Makowske thanked everyone for their prayers and good wishes • 49 for a speedy recovery. 50 r b, September 12, 1989 Council Meeting page 4 1 Councilmember Ranallo noted he had received calls from residents of 32nd 2 Avenue regarding the condition of the surface of their recently-improved 3 street. He brought these concerns to the attention of the Public Works 4 Director, Larry Hamer. Hamer recommended no further work be done to smooth 5 the surface of this street or recently-filled cracks will reappear. He ob- 6 served that this is a problem .being experienced all over the City. 7 8 Councilmember Ranallo suggested a City Task Force should be organized to 9 review the condition of streets and sidewalks In the City. The Task Force 10 could also consider methods of financing improvements and a timetable for 11 maintenance. This Idea was endorsed -by members of the City Council . 12 13 Councilmember Marks requested a replacement be found for him to represent 14 the City Council at the Youth Service Bureau. He has not been able to 15 regularly attend the meetings. Councilmember Makows.ke stated she would be 16 interested in this in the future. 17 18 B. Departments and Committees 19 20 1 . The Council received a report from Hance E LeVahn regarding various 21 matters conducted at the Hennepin County District Court up to and . 22 including August 16, 1989. The report was filed.. 23 24 2. The Council received the August 1989 Liquor Operations Monthly Sales �5 Summary report. The report was filed. 26 27 3. The Council received the August 1989 Monthly Police Report. The report 28 was filed. �9 Councilmember Ranallo observed that the report reflects that many hours 30 are being put in by the Police Reserves and wi.th much enthusiasm. Council- 31 member Makowske related an incident near her home where police help was 32 summoned. She observed their response time was very quick. 33 34 4. The Council received the August 1989 Fire Department Monthly Report. 35 The report was filed. 36 Councilmember Ranallo shared a Fire Department response story regarding 37 a newborn Infant. He said a tremendous job was done by J. Olson. Council- 38 member Marks observed there are four-and one half times more requests 39 for medical assistance than for fire related situations. 40 Mayor Sundland requested staff to write a letter under the signature of 41 the City Council to the Fire Department personnel commending them for 42 a job well done. 43 44 5• Budget Overage Report - The Acting City Manager reviewed each budget 45 overage by department. 46 47 C. Acting City Manager 48 • 49 - 50 September 12, 1989 Council Meeting page 5 • 1 1 . Evergreen Project - David ,Newman, legal counsel for Nedegaard Construction, 2 advised, .by letter, that Nedegaard Construction will be assuming the 3 Evergreen Project from Vernon Holum. Newman stated this will occur on 4 October 1st. 5 16 2. Parking Lot Construction - Kenzington - META and EPA have met with some 7 difficulty installing one of the monitoring wells. The Acting City 8 Manager stated that the construction of the Kenzington parking lot may 9 not be done until next spring because of this delay. Councilmember 10 Makowske felt the residents of Kenzington should be notified by letter of the 11 potential delay. 12 13 3. Ethics Bill - Sue Vande'rHeyden has received the revised copy of the 14 Ethics' Bill authored by Senator Marty. It will be routed to.the Council- 15 _members. 16 17 4. Budget Hearing Meeting - Monday, September 18th at 6:00 p.m. 18 Special Council Meeting - Tuesday, September 26th at 6:30 p.m. . This 19 will be a closed meeting to discuss water contamination lawsuits with 20 representatives of Briggs and Morgan. 21 22 5. Letter From Springsted Regarding TIF - A. letter was received from Bob • �3 Thistle, Vice President of Springsted Public Finance Advisors, requesting 24 Council direction regarding Tax Increment Financing programs. �5 Motion by Ranallo, second by Marks to authorize that Springsted Public 26 Finance Advisors continue their study of the City's Tax Increment Finance �7 District. 28 Councilmember Marks observed that this matter should be considered by . �9 the City's Housing and Redevelopment Authority rather than the City 30 Council . The motion was withdrawn. 31 32 7. PUBLIC HEARINGS 33 34 Consideration of Resolution X89-021 ; Community Development Block Grant Funds 35 Transfer 36 Mayor Sundland opened the Hearing at 8:25 p.m. and read the published public 37 notice of the Hearing. 38 The Acting City Manager advised the Council that the law firm of Dorsey 39 and Whitney and the League of Minnesota Cities will not expect payment 40 until next year's CDBG funds are available. 41 The Hearing was closed by Mayor Sundland at 8:28 p.m. . 42 Motion by Ranallo, second by Makowske to approve Resolution #89-021 . 43 44 Motion carried unanimously 45 46 8. UNFINISHED BUSINESS 47 48 Ordinance No. 1989-001 ; Second Reading of Ordinance No. 1989 - Licensing • 49 of Haulers of 'Garbage, Recyclable, etc. 50 Attached to the ordinance was a comparison survey of fees charged by other September 12, 1989 Council Meeting y �` page 6 • 1 communities in the seven county area for licenses. Councilmember Makowske 2 requested the fee of $100.00 be inserted In the fee space in the ordinance. 3 Motion 'by Marks, second by Ranallo to approve the second reading of Ordinance 4 #1989-001 . Motion carried unanimously 6 7 8 .9. NEW BUSINESS 9 10 A. Resolution No. 89-024• Road Maintenance Agreement With Hennepin County 11 A copy of the Agreement was enclosed in the Council Meeting packet. 12 Motion by Marks, second by Sundland to approve Resolution No. 89-024. 13 14 Motion carried unanimously 15 16 B. Reconstruction of a Portion of Silver Lake Road 17 The Acting City Manager advised the Council that the Metropolitan 18 Council is recommending reconstruction of a portion of Silver Lake 19 Road from 1694 to Silver Lane. The Cities of New Brighton and St. 20 Anthony will be impacted by this project. Federal funds will be available 21 for the costs associated with the proposed project. This project would 22 colpmence in 1990 with a completion date of 1991 . It was noted that �3 representatives of Ramsey County had met with New Brighton officials • 24 already. This project would require a public hearing. Councilmember 25 Marks questioned the need for complete reconstruction of this roadway. 26 27 C. Introduction of New Police Reserves 28 Police Chief Don Hickerson introduced two new police reservists to members �9 of the City Council . They are Lynn Peleske and Scott Rollie. They each 30 gave some biographical information and advised of their future plans 31 educationally and professionally. They were welcomed by the Council . 32 33 C. Request for Purchase of Park Benches 34 Shirley Nordahl of the Wilshire School PTA gave a status report regarding 35 the improvements recently completed at Wilshire Park. She expressed sincere 36 appreciation for all of the time and effort put forth on the project of 37 refurbishing the Park by the City crews. 38 Ms. Nordahl .requested funds to purchase park benches for Wilshire Park. 39 It was noted there is a remaining balance of $2,000 in the budget for 40 parks; $1 ,000 of which has been requested to .be retained for other 41 purposes by the Public Works Director. 42 Motion by Ranallo, second by Marks to approve the purchase of three park 43 benches for placement at Wilshire Park not to exceed $1 ,000. . 44 45 Motion carried inanimously I 46 47 Mayor Sundland observed park needs should be viewed on a larger basis 48 rather than on a request-response basis. Councilmember Makowske felt a 49 comprehensive plan for park use should be considered and suggested a • 50 Park Use Committee be established, thereby creating an avenue for citizen September 12, 1989 Council Meeting page 7 1 input. She requested staff to follow up on this matter and also requested 2 the Bulletin advertise for people interested in serving on this committee. 3 Ms. Nordahl indicated her interest in serving. 4 5 D. Cable Televising Council Meetings and Planning Commission Meetings. 6 Councilmember Marks reported that preparation for televising City 7 Council meetings and Planning Commission meetings is complete. All 8 that is still needed is to hire -someone to operate the camera. Some 9 concern was expressed by Councllmember -Makowske regarding the Council 10 meeting room and- its lighting. Councilmember Marks questioned the impor- 11 tance of'bringing this opportunity to view the meetings "live" versus 12 the quality of the picture. 13 Sue VanderHeyden noted it would cost approximately $1 ,000 per year to 14 televise these meetings. 15 Councilmember. Ranallo recommended this issue be considered during budget 16 deliberations for next year and 'pursue the costs at that time. No Council 17 action was taken. 18 19 In response to an informational question, the. Acting City Manager advised 20 that. 4,200 copies of the Newsletter are mailed out but this figure includes 21 300 business establishments. She thinks there are approximately 2,800 22 hcW seholds in the City. • 23 24 10. ADJOURNMENT 25 25 Motion by Ranallo, second by Marks to adjourn the meeting at 9:15 p.m. . 27 2B Motion carried unanimously 29 30 31 32 Respectfully submitted, 33 34 35 36 JoAnne Student, Council Secretary 37 38 39 40 41 42 43 44 45 46 47 48 49 50 split level dwellings which have finished rooms on the lowest level may consider the area of those rooms towards the first floor area minimums, provided they are in compliance with the building code. 5. Front Yard-There shall be a front yard having a depth of at least thirty feet or equal to the average front yard of the two adjacent dots measured from the front lot line. 6. Side Yards a. Dwellings shall have two side yards the total width of which shall not be less than fifteen feet with a minimum side lot width of five feet. b. A side yard adjacent to a street shall not measure less than thirty feet in width. 7. Rear Yard-There shall be a rear yard measuring in depth a distance equal to 20% of the depth of the entire lot but in no case less than twenty-five feet. Subdivision 6. General Regulations Additional regulations are set forth in Section 12. SECTION 5 TWO FAMILY RESIDENCE DISTRICT R-2 Subdivision 1. Purpose 1. To provide for areas.which are best suited for a higher density of usage than single family residential; and/or 2. As a transitional use district from commercial and/or industrial districts to single family residential districts. Subdivision 2. Permitted Uses Within any R-2 Residence District, no building or land shall be used except for one of the following uses: 1. Any use permitted in Section 4, Subdivision 2, as regulated therein. 2. Two family detached dwellings. Subdivision 3. Permitted Conditional Uses Within any R-2 Residence District, no structure or land shall be used for the following uses except by. Conditional Use Permit: 1. Any use permitted in Section 4, Subdivision 3.. Subdivision 4. Permitted- Accessory Uses Within any R-2 Residence District no accessory uses are permitted except: 1. Any accessory use permitted in Section 4, Subdivision 4. Subdivision 5. Building Height, Lot Area, Bulk and Placement Regulations 1. Height-No dwelling hereafter erected or altered shall exceed the lesser of two stories or twenty-five feet. -12-