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HomeMy WebLinkAboutPL PACKET 08211990 Meeting Sheet I IIIIII VIII VIII VIII VIII VIII IIII IIII 100439 BOX: ZS Folder: PL PACKETS 1990-1991 Document: PL PACKET 08211990 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA AUGUST _2.1, 1990 7:30 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JUNE 19, 1990 PLANNING COMMISSION MINUTES. IV,. DESIGNATE COMMISSION REPRESENTATIVE TO AUGUST 28, 1990 COUNCIL MEETING. V. PUBLIC HEARINGS. A. 7: 35 P.M. - Video World (D. McKenzie) , for 3.811 Stinson Boulevard, conditional use request. B. 7:45 P.M. - J. Renner, for 3220 Townview, setback variance request. VI. MISCELLANEOUS. VII. ADJOURNMENT. I 1 1 CITY OF ST. AI4TH014Y 2 PLAIIIJIIIG COMMISSION MINUTES 3 4 JUI4E 19 , 1990 5 0 7 The meeting was called to order at 7 : 31 p.m. with the Pledge I8 of Allegiance led by Chairman Madden. 9 10 11 ROLL CALL 12 13 Present : Brownell , Faust , Franzese , Hansen, Madden, Wagner , 14 Werenicz (7 : 35 p.m. ) 15 16 Also present : Susan VanderHeyden, Assistant to the City 17 Manager 18 19 20 Chairman Madden invited the Planning Commission 21 and all others present to share in a moment of silence in 22 memory of former Mayor Robert Sundland , whose funeral was 23 held that afternoon . 24 25 Chairman Fadden then suggested that approval of 26 the May 15 , 1990 Planning Commission minutes be deferred to 27 the end of the agenda because the first public hearing was 28 scheduled for 7 : 30 p.m. 29 30 31 CHAIRMAN M' DDEII TO REPRESE14T PLA IIIIIIG C0IiI1ISSI0Id AT JUIIE 32 26th, 1990 CITY COUNCIL MEETI14G 33 34 35 PUBLIC HEARINGS 36 37 DAVID DREWS , FOR 2609 ST. A14TH014Y BOULEVARD , SETBACK 38 VARIANCE 39 40 The hearing was opened at 7 : 33 p.m. with no one present 41 reporting faiure to receive the notice of hearing or 42 objecting to its content . 43 44 Assistant to the City Manager VanderHeyden reported that 45 r-avid Draws is requesting a one-foot variance to the setback 46 requirerant of the city zoning ordinance . Mr . Draws 47 proposes to build a new garage close to the location of his 42 existing garage . Although the garage ;call will be three 49 feet from the east property line , the overhang will only be 50 two feet from the property line , ;necessitating the request i 1 for the one-foot variance . In response to a question by 2 Chairman gladden , Assistant VanderHeyden responded that the 3 east wall of the existing garage is 15 inches inside the 4 property line on one side and that it lines up with an 5 existing chain link fence on the other side . 6 7 Chairman Madden invited Mr. Drews to present his request to 8 the Commission . Mr . Drews replied that he is proposing to 9 build a new garage which will conform to the angular shape 10 of his lot . He stated that the existing garage is 15 inches 11 from the property line on one side and right on the property 12 line on the other side . He intends to bring the east wall 13 of the garage south 21 inches , building it three feet from 14 the property line , with the overhang being two feet from the 15 property line . He pointed out that the neighboring lot is a 16 double lot and that his garage would be relatively distant 17 from the house on that lot . 18 19 Anne Grassman , 2608 Murray Avenue IvE, commented that she 20 felt the neighborhood was ample for a three-car garage and 21 had no objection to Mr . Drews building one . She noted, 22 however , that the alley in her neighborhood has been 23 neglected for three years because of a lack of maintenance 24 funds . 25 26 Ms . Grassmian stated that Mr . Drews is currently unable to 27 bring his truck onto his property using his own driveway 28 exclusively , although his neighbor to the west allows M-r . 29 Drews to use his property for maneuvering . She said that , 30 while such an arrangeMent right be convenient now, a new 31 neighbor might find it unacceptable. Future conflicts i 32 Tright develop between neighbors because of inccrrect � 33 surveying or because city officials who approved variances 34 are no longer in Office and current Officials decline tO i 35 take responsibility for decisions they did not ,;rake . 36 37 I.i= Grassman stated that she lives across fr•:,-: a public 38 place and that people frequently turn around using her 39 property. Two of her brand-new rain pipes were run over on 40 two separate occasions, indicating that the alleyway is not 41 wide enough for traffic to maneuver . She stated that her 42 health prevents her from maintaining her property with the 43 degree of care she would prefer , and expressed a desire for 44 people ' s consideration of others ' property. 45 46 Co. missioner Wagner asked Mr . Drews whether !-:e could prove 47 the garage one foot and avoid the variance entirely, or if 13 his plan for the new garage was simply his personal 49 preference . Mr . Drews replied that it was his preference tt 50 have the one foot in front of his garage rath=r than in back I ' 3 1 of it . Chairman Madden asked Mr . Drews whether he had 2 considered building the overhang flush with the wall of the 3 garage . Mr . Drews answered that he had considered it , but 4 felt it would not look good because it would not match his 5 house . He stated that he spent three months looking at 6 garages before coming to his decision . Commissioner 7 Brownell asked whether the garage could be 23 feet rather 8 than 24 feet , and Mr . Drews replied that he wanted the full 9 24 feet to accommodate his boat . 10 11 The hearing was closed at 7 : 43 p.m. for Commission 12 consideration of a recommendation . 13 14 Commissioner Wagner pointed out that a request for a 15 variance must meet three statutory requirements , one of 16 which is undue hardship. He commented that the City Council 17 has been interpreting the guidelines more strictly, and that 18 he did not feel a person' s preference met the definition of 19 hardship. 20 21 Commissioner Hansen noted that the City has granted a number 22 of precedent variances . He stated that a new garage would 23 not only enhance the area but would help to alleviate the '24 problem of parking of vehicles , such as boats , on grassy 25 areas . He acknowledged Ms . Grassm:an' s concern about the 26 narrowness of the alleyways , but said that the new location 27 of the garage will result in approximately a foot and a half 28 -ore space in the alleyway. He asked that the Commission 29 note that the only neighbor who appeared to comment on the 30 issue was not opposed to the building of the garage by Mr . 31 Drews . 32 33 Commissioner Faust questioned Whether statutory requirerments 34 or precedent should be the more important consideration . He 35 stated that although the applicant ' s intentions were good, 36 personal preference does not meet the definition of 37 hardship. Commissioners Franzese , Werenicz , and Hansen 38 recalled that similar variances had been granted in the past 39 and described two axa:�,ples . Comimissioner Hansen replied 40 that the Commission' s and Council ' s decisions rest upon the 41 interpretation of "hardship, " and that requests for more 42 drastic variances must meet a stricter standard of hardship . 43 Commissioner Brownell stated that he , too , remerhered a 44 similar variance request which was granted, and comr;ented 45 that the neva structure would be more in ce,:pliance with the 46 city ' s ordinance than the existing garage . 47 48 Motion by Hansen, seconded by Werenicz , to recomrr.end 49 that the City Council approve the request by David Drews , 50 2609 St . Anthony Boulevard, for a setback variance as 4 1 submitted, finding that the request meets the three 2 statutory requirements for a variance; that the variance 3 will not cause any traffic obstructions or safety or 4 visibility problems in the alleyway; that it conforms to the 5 City ' s preference for indoor storage of vehicles . 6 7 Yea : Brownell , Franzese , Hansen , Werenicz 8 Nay: Faust , Madden, Wagner 0 10 Motion carried . 11 12 13 SHARON-LEE CLARKE, 3305 EDWARD STREET NE, SETBACK VkRIANCE 14 15 The hearing opened at 7 : 52 p.m. with no one present 16 reporting failure to receive the notice of hearing or 17 objecting to its content . 18 19 Assistant VanderHeyden reported that Sharon-lee Clarke, who, 20 owns the lot at 3305 Edward Street NE, plans to build a 21 house on the property but requires an 11 . 43-foot variance to 22 the back yard setback requirement in order to build a 12 by 23 9 . 33 foot three-season porch . Assistant VanderHeyden 24 explained that the applicant plans to build a one-level 25 house, due to health considerations for her mother . Because 26 of the configuration of the lot and house plans , and in 27 order to allow for the 30-foot front yard setback , only the 28 minimum 25-foot setback would remain in the back yard after 29 construction of the house . 30 31 Assistant VanderHeyden informed the Commission that she had 32 received two letters from neighbors in support of I-Is . 33 Clarke ' s request, and distributed copies of those letters toy 34 the Commission. The Commission joined in Assistant i 35 VanderHeyden ' s commendation of the applicant for approaching 36 the Con.mission with her request before constructing the 37 porch rather than after . 33 39 In response to a question by Chairman Madden, assistant 40 VanderHeyden answered that there is a retaining wall on the 41 east property line of the lot . Chairman Madden than 42 inquired as to the back yard setbacks of neighboring houses . 43 Mr . and Mrs . Doug Bulthaus , 3309 Edward Street NE, 44 volunteered that the house owned by the Farrells borders the 45 tennis court , and that the Farrells ' house is approximately 46 15 feet farther back than their own house . In reponse to a 47 question by Com7nissioner Faust , Mr . Bulthaus answered that 43 there is a water drainage problem in the area . Chairman 49 Madden confirmed that water appears to drain from the south 50 to the north in that area . 5 1 2 Chairman Madden invited Ms . Clarke to present her request to 3 the Commission. Ms .Clarke, accompanied by her home builder, ' 4 described her plans for a one-level , 1 , 400-foot house which 5 would provide easy accessibility for her 78-year old mother , 6 should she come to live with her . Ms. Clarke stated that she 7 herself anticipated living in the house into her retirement 8 years . She explained that she plans to build the porch on 9 the back of the house at some undetermined future date , but 10 would prefer to have the issue settled before she begins 11 construction of the house itself . The proposed porch will 12 be a deck with footings which will be screen- or 13 glass-enclosed. pis . Clarke stated that such a porch will notl 14 interfere with drainage on the lot . She too is concerned 15 about the drainage in the area and intends to slope the yard 16 so that proper drainage is maintained. 17 18 Commissioner Hansen stated that the Commission' s decision 19 must be based on current conditions , but that those 20 conditions might be quite different by the time Ms. Clarke 21 actually begins construction of her porch. He asked the 22 applicant for a tire frame during which she planned to build, 23 her porch. Ms. Clarke answered that she did not know, but 24 that the porch construction would depend upon her finances . 25 Commissioner Hansen then asked the applicant whether she 26 would have difficulty in accepting approval of the variance 27 limited to a certain time frame . Ms. Clarke answered that 28 her answer would depend upon the time frame , and that she 29 could not foresee how building a porch on her house could 30 possibly interfere with anyone else ' s plans for the 31 neighboring houses or lots . Commissioner Hansen asked her 1 32 for an anticipated date of construction. Ms. Clarke stated i 33 that she was unable to give a date , although she definitely j 34 plans to build the porch . 35 36 Commissioner Werenicz asked the applicant whether she had 37 considered altering the plan of the house in order to 38 accommodate a porch without requiring a variance . Ids . 39 Clarke replied that the house plans were purchased pre-drawn, 40 and that she would be hesitant to change the plans for fear 41 of adding to the construction costs . Commissioner Werenicz 42 suggested that an architect , for a small fee , would be able 43 to change the plans to accommodate a porch which would not 44 require a variance . Ms. Clarke replied that she has not been 45 able to come up with an alternate plan for the porch without 46 drastically altering the floor plan of the house . She 47 stated that she had purchased the house plans even before 43 she purchased the lot . 49 50 Commissioner Wagner asked the applicant whether the porch I 6 1 ;night not be built on the side of the house . Ms . Clarke 2 replied that the dining room is on the side of the house , 3 the porch access is planned from the kitchen, and there are 4 no doors on the side of the house. Commissioner Werenicz 5 then pointed out to the applicant that the house plans allow 6 twice as much side yard as is required. .Ms. Clarke replied 7 that there were other considerations to building the porch. 8 She stated •.that the porch was planned for the east side of 9 the house to avoid the hot summertime sun, to provide access 10 from the kitchen, because of the lack of doors on the south 11 side of the house , and because of the fireplace on the south 12 side of the house . 13 14 Commissioner Wagner asked the applicant whether her reason 15 for wanting the porch on the east side of the house was 16 essentially because of financial hardship, and whether it 17 was merely a convenience for her to have the porch on the 18 east side . Ms. Clarke replied that it would not only be 19 convenient but practical , and that she would not be able to 20 afford major changes to the house and still be able to 21 construct it. 22 23 Chairman Madden then invited Chris Paidosh of 3227 Edward 24 Street ATE to speak on the issue . tir. Paidosh explained that 25 when he and his wife , Laurie , built their house , they 26 expended extra effort to search out and find a house plan 27 which would fit their lot without having to request a 28 variance for any of the construction. Mr . Paidosh opposed 29 the granting of the variance because there is no definite 30 plan for the porch and because the issue would be more 31 appropriately addressed in the future when construction is ' 32 definitely planned. Mr . Paidosh also stated that he and his 33 wife built a substantial structure at 3227 Edward Street NE, 34 and would like to protect their investment in the 35 neighborhood by Taking sure an adequate structure is built 36 at 3305 . He said that allowing the variance would not 37 substantially increase the property value of the 38 neighborhood, and that he opposes the granting of the 39 variance also for that reason . 40 41 Chair,:�an Madden invited Doug Bulthaus to speak on the issue . 42 Mr . Bulthaus stated that he and his wife do not oppose 43 granting of the variance as long as it is stipulated that 44 the porch will be on footings only and not on a foundation 45 which would impede the water flow. He stated that he 46 observed six inches of water in the area behind the proposed 47 porch earlier in the evening, and that the drainage problem 48 must be addressed soon by the City before the property in 49 that area is entirely built up. Mr . Bulthaus stated that 50 the culvert at 33rd Avenue seems to be too high to i i 7 1 accommodate heavy water flowage , and that the last lot on 2 33rd and Edward will be completely unbuildable once Ms . i 3 Clarke Puts up a house at 3305 . 4 5 In response to a question by Commissioner Franzese , l,r . 6 Bulthaus replied that soil grading in the area appears to be 7 random and without purpose . He described ponding in his j 8 yard, t.is .. Clarke' s lot , and all the way to the culvert . Mr . 9 Bulthaus reiterated .that his concern was with the existing 10 drainage problem in the area and not with Ips . Clarke 11 proposed porch. 12 13 Chairman Madden invited Ms. Clarke to make any further 14 comments she might wish to make . Ms. Clarke stated that the 15 house will be properly constructed and will be an asset to 16 the neighborhood. She said that a similar porch has already 17 been constructed in her neighborhood, and that hers will 18 harmonize with that existing structure . Commissioner Wagner 19 asked Ms. Clarke whether that porch exceeds the setback 20 requirement, but Ms. Clarke aid not know. She pointed out 21 that the house directly behind her lot was granted a rear 22 yard setback variance , but Commissioner Wagner replied that 23 that variance had been granted because of tornado damage . 24 Ms. Clarke then distributed to the Commission copies of 25 letters from three supportive ;neighbors . 26 27 The hearing was closed at 8 : 16 p.m. for Comimissior. 28 consideration of a recoi-nm:.endation . � 29 30 Commissioner Werenicz stated that the applicant ' s request 31 does not meet all three statutory requirements for a x32 variance . He felt that her request was due to financial or � 33 personal hardship and that feasible alternatives had not 34 teen fully explored by the applicant . Chairr.an Madden 35 expressed doubts about the wisdom of permitting a structure 36 to be built in a swale . Commissioner Faust again commended 37 Ms. Clarke for approaching the Commission with her proposal , 38 but agreed that the three statutory requirements for 39 variances were not met. Commissioner Hansen expressed his 40 agreement with the Commissioners who had spoken before him, 41 and reasoned that the house simply didn ' t fit the lot . 42 Commissioner Brownell cautioned the Commission against 43 recommending a variance for future , speculative 44 construction . Chairman Madden reminded the Co-:mission that 45 Council denial of the request would not preclude Ms. Clarke 46 from returning to the Commission at some future date to make, 47 a similar request with more definite plans . 48 49 Motion by Brownell , seconded by Wagner , to recommend 50 that the City Council deny the setback variance request by 8 1 Sharon-lee Clarke, 3305 Edward Street NE, finding that the 2 request does not meet the three statutory requirements for a 3 variance ; that the request is for an unspecified time in the 4 future; and that one neighbor appeared in opposition to the 5 request . 6 7 Motion carried unanimously. 8 9 10 VERNON BERGGREN, FOR 2508 - 38th AVENUE NE (APACHE COUNTRY 11 STORE) , SIGN VARIANCE 12 13 The hearing was opened at 8 : 25 p.m. with no one present 14 reporting failure to receive the notice of hearing or 15 objecting to its content . 16 17 Assistant VanderHeyden reported that Vernon Berggren is the 18 recent new owner of the Country Store and is in the process 1.9 of renovating the store . Part of that renovation includes 20 installing a new outdoor sign 881 . 5 square feet in size and 21 a 28 square foot entrance sign, which require a variance to 22 the sign ordinance . The new signage will be 17 . 5 square 23 feet smaller than the existing signage , but will greatly 24 exceed the permitted square footage of 150 square feet . The 25 smaller size of the outdoor sign is due to some rounding of 26 square corners . Assistant VanderHeyden suggested to the 27 Commission that they could consider the entrance sign as 28 part of the total signage or consider it separately. 29 30 Commissioner Hansen asked why the existing large sign was 31 originally permitted. No one present had a specific 32 recollection, but there was some speculation that it had 33 been grandfathered in. Assistant VanderHeyden then informed 34 the Commission that City staff is working with Mr. Berggren 35 and his sign company to put together a proposal for matching 36 signage at the SAVII liquor store , and that proposal will be- 37 submitted to the Commission when it is complete. 38 39 In response to a question by Chairman Madden, Mr . Berggren 40 informed the Commission that C .G . Rein is the owner of the 41 building which houses Country Store and SAVII . He then 42 introduced Kaj Reiter of LeRoy Signs and Lloyd Johnson of 43 Super Valu, with whom he is working on various aspects of 44 the store renovation. Mr . Berggren described changes to thel 45 store, including redecorating of the interior, improvement 46 of merchandise , and lowering of prices . Mr . Berggren said 47 that he had been working with former Mayor Sundland and 48 Assistant VanderHeyden on plans for remodeling the store ' s 49 exterior , and that his plans are in conjunction with their 50 requests . 9 1 2 Mr . Berggren stated that the large sign is necessary because 3 of the store ' s excessive distance from the main traveled 4 roadway (1 , 440 feet from Silver Lake Road) and because the 5 store ' s visibility is blocked by commercial developments and 6 railroad tracks except for a narrow window in the southeast 7 corner of the parking lot . Mr . Berggren said that the 8 existing sign will be reshaped and re-covered with the new 9 metal sign.` The existing wood shake canopy will be 10 re-covered with red metal and continued across the liquor 11 store frontage . The SAVII liquor store would then remove 12 their yellow corner sign and display their name on the 13 canopy. Mr. Berggren said that the square footage of the 14 words on his sign will be 348 square feet, which is less 15 than 15 percent of the square foot frontage of the store . 16 17 Commissioner Hansen asked Mr . Berggren whether he had 18 decided to call the store "Apache Country Store" or "Apache 19 New Market, " and on which name his calculation of the square 20 footage of the words was based. Mr. Berggren replied that 21 the calculations were based on the name "Apache New Market, " 22 and that the lettering for "Apache Country Store" would be 23 smaller . He said that if the store is called Country Store , 24 the smaller sign will be just an entrance sign. 25 Commissioner Hansen asked Mr . Berggren to describe the signs 26 in detail in the event the store would remain a Country 27 Store rather than a I-,ew Market . Mr . Berggren deferred to 28 Kaj Reiter of LeRoy Signs , who said that the lettering would 29 fit in the sign either way -by adjusting the size and spacing 30 of the lettering. Commissioner Hansen said that it would be 31 very difficult for the Commission to include all possible 32 parameters in their motion without detailed drawings . 33 34 Commissioner Franzese asked Mr . Berggren what his timetable � 35 is . Mr . Berggren explained that , while he has permission 36 from Super Valu to be a New Market , his decision will 37 ultimately depend on the outcome of the Commission hearing. 38 He stated that if he is able to obtain approval for the 39 signage the store will become a New Market , but that 40 otherwise it will remain a Country Store . He stated the 41 sign is more important to the store ' s viability than the 42 name . 43 44 Commissioner Hansen asked Mr . Reiter to describe the size of 45 the typical New Market signage . Mr . Reiter said that , while 46 each store ' s signage is unique , Mr . Berggren ' s proposed 47 signage is not unusual except that supermarkets usually have 48 signage visibility on more than one side of their building. 49 50 Commissioner Hansen asked Mr . Berggren what percentage of 10 1 his store ' s business is drive-by. Mr . Berggren stated that 2 he needs 20 , 000 custorr:ers to be profitable . Because 3 St . Anthony is a community of only 7 , 000, he needs to 4 attract customers from neighboring communities . Mr. 5 Berggren deferred to Lloyd Johnson of Super Valu. He stated 6 that Mr . Johnson currently works in development for Super 7 Valu but worked in market analysis for four and a half 8 years prior to his current position. 9 10 Mr. Johnson described - Mr . Berggren' s store as somehwat 11 larger than the conventional supermarket, and said that the 12 smaller conventional supermarket draws eighty percent of its 13 business from a three-mile radius around the store . He 14 stated that ten percent is not an unusual amount of drive-by 15 business and that the number can go as high as forty 16 percent . Mr. Johnson emphasized the importance of 17 visibility to a store the size of Mr. Berggren' s , and 18 emphasized the importance of signage to a store ' s 19 visibility. Commissioner Hansen said that he is a regular 20 customer at Country Store, and thought ten percent drive-by 21 business sounded high . Mr. Johnson did not believe that Mr. 22 Berggren ' s store had ever been surveyed, but that results of 23 surveys of approximately ten stores in the Twin Cities area 24 indicated that ten percent of the trips did not originate 25 from home . 26 27 Commissioner Brownell asked for a physical description of 28 the signage . Mr . Reiter responded that the sign is 29 constructed of aluminum cans with plexiglass faces with neon 30 lighting inside . Mr. Berggren stated that the words "Apache 31 New Market" would be lit 24 hours a day but had not yet made 32 the budget decision to light the "deli" and "bakery" signs 33 also . Mr . Johnson pointed out that the existing sign is 34 illuminated with spotlights . 35 36 Commissioner Wagner commented that Country Store had been in 37 the practice of keeping several of their marked 38 semi-trailers parked in the back lot as long as a week to 39 two weeks for advertising signage purposes . He claimed that 40 this was Country Store ' s method of circumventing 41 St . Anthony ' s sign ordinance , and asked whether Mr . 42 Berggren could assure the Commission that he would not 43 continue that undesirable practice . Mr . Berggren said that 44 he would not allow a trailer to sit in the lot for a week . 45 He stated that most trailers were not in his lot any longer 46 than 24 hours , and that a restriction of 72 hours would be 47 ample . 48 49 Mr . Johnson then commented that Section 5 (B) of the sign 50 ordinance might allow Mr . Berggren to display a small sign 11 1 on the side of his building for people approaching from the 2 south. In summary, he stated that new signage on the 3 building would improve the appearance of the store and 4 thereby enhance the area . He stated that Mr . Berggren' s 5 store does suffer a unique hardship because it is so distant 6 from the main traveled roadway and because it has such a 7 small window of visibility. He said that, while Mr . 3 Berggren ' s store is 1 , 440 feet from Silver Lake Road, the 9 typical supermarket is less than 100 feet from a :Hain 10 traveled roadway. To - further diminish the visibility of Mr . 11 Berggren ' s supermarket by diminishing the size of the sign 12 could conceivably hurt business . 13 14 The hearing was closed at 8 : 53 p.m. for Commisssion 15 consideration of a recommendation. 16 17 Commissioner Werenicz asked assistant VanderHeyden if she 18 had been able to discover any past sign variances granted to 19 the property now occupied by Country Store . assistant 20 VanderHeyden replied that the records which were immediately 21 accessible did not go back far enough, and that older 22 records would have to be procured from the vault during 23 regular office hours . Commissioner Werenicz stated that he 24 would not be opposed to the new signage if evidence of a 25 previous sign variance could be obtained. 26 27 Commissioner Hansen commented that a somewhat false 28 impression had been made by claiming that the signage would 29 be smaller than what currently exists , particularly when 30 taking into consideration the altered liquor store signage . 31 32 Commissioner Faust commented that in some cases the 33 Commissioners are guided by precedents while in other cases 34 they are not . He stated that , since no evidence was 35 immediately available to show a previous variance , he would 36 approach the issue by considering its merits . Commissioner 37 Hansen stated that he was not opposed to the signage as 38 proposed , but requested that staff research previous 39 variances prior to the City Council meeting so that the 40 Council might have that information available to them for 41 their consideration . Commissioner Brownell agreed with 42 Commissioner Hansen' s suggestion and stated that he , too, 43 felt that the proposal had merit . 44 45 Motion by Faust, seconded by Brownell , to approve the 46 sign variance request as submitted for Vernon Berggren , 2503 47 - 33th avenue NE, finding that the request meets the three 48 statutory requirements for a variance ; that the store ' s 49 distance from the main traveled roadway and limited 50 visibility constitute a distinct and unusual hardship which f 12 1 justifies a sign large enough to draw customers ' attention 2 to the store; that no one spoke against the request ; that no 3 semi-trailer be parked in the store ' s lot for a period 4 longer than 72 continuous hours . 5' 6 Motion carried unanimously. 7 8 The Commission requests that City staff provide City 9 Council with historical information relating to previous 10 sign variances granted this property so that it may consider it that information in its deliberations at its June 26 , 1990 12 meeting. 13 14 15 MAY 15; 1990 PLA1414ING COMMISSION MINUTES. 16 17 Motion by Hansen, seconded by Wagner, to approve the minutes 18 of the May 15 , 1990 Planning Commission meeting with the 19 following changes : 20 21 Page 6 , Line 4 : Insert commas after "imagine" and "were . " 22 Page 9 , Line 12 : Insert "is" between "which" and "more . " 23 Page 10 , Line 21 : Insert "expansion" between "commercial 24 and "in. " 25 26 Motion carried unanimously. 27 28 29 MISCELLANEOUS 30 31 Chairman Madden inquired as to plans for repairing the 32 Mirror Lake bridge . Assistant VanderHeyden replied that it 33 is proposed for M. S .A. funds for 1991 , and that the 34 estimated cost of repair is $100 , 000 . The Commission 35 expressed surprise at the high cost , and Commissioner Hansen 36 suggested that the City should put a higher priority on 37 alleviating water problems than on fixing the bridge . 38 Assistant VanderHeyden said that she thought the bridge 39 problems were more extensive than they appeared, but would 40 investigate the matter. Chairman Madden noted that the 41 barricade has been down for a month, and that it should be 42 re-erected if the bridge is dangerous . 43 44 Chairman Madden inquired as to the status of the Strategic 45 Services sign. Assistant VanderHeyden replied that she had 46 sent the company a letter giving them until the end of this 47 month to rectify the situation . 48 49 Commissioner Hansen commented that there are signs on 50 Northgate which are in violation of ordinances: a monument 13 1 sign sitting on a trailer; a plywood sign at the front of 2 the building advertising "office space for rent" ; and a 3 banner on the building advertising "suite for rent . " 4 Commissioner Hansen noted that he has been bringing the 5 non-conforming signage to the attention of the City staff 6 for three months to no avail , and that, to his knowledge , 7 the City has not received a request for a temporary permit . 8 Assistant VanderHeyden said she is aware of .the signs, not 9 aware of whether a temporary permit has been applied for, 10 but that the Public Works Director was supposed to have 11 received authorization 'to remove the monument sign. 12 Commissioner Hansen requested a written report about the 13 status of the Northgate signs and the Vargas sign on Silver 14 Lake Road in the Planning Commission ' s July meeting packet. 15 16 Chairman Madden inquired as to the status of the proposed 17 garage at Macalaster and Silver Lake Road. He wondered how 18 long the variance and the building permit continued in 19 effect . Assistant VanderHeyden said that she had been 20 unabale to find a time stipulation in the variance . While 21 she knew that structures could not be left unfinished for an 22 indefinite length of time, she did not know the actual 23 requirements of a building permit . She said she would 24 consult the Public Works Director about those matters . 25 26 Some surprise was expressed by Commission members that the 27 Pirino house on 33rd Avenue NE is occupied in its current 28 condition. Assistant VanderHeyden advised the Commission 29 that the residents are meeting with the Public Works 30 Director and are in the process of deciding whether or not 31 to take legal action against the City. She stated that the 32 residents have no definite plans at this time to build a 33 garage because of financial difficulties . 34 35 The Commission congratulated George Wagner, newly appointed 36 r.ember of the City Council . Commissioner Wagner will begin 37 his duties with the June 26 , 1990 Council meeting. The 38 Commission expressed its regret at losing Commissioner 39 Wagner, who has been a dedicated member of the Commission 40 for several years . 41 42 ADJOURNMENT 43 44 Motion by Hansen, seconded by Werenicz , to adjourn the 45 meeting at 9 : 26 p.m. 46 47 Respectfully submitted, 48 49 Doris Hoskin 50 Council Secretary ain tho u Cie DATE : APPROVAL = August 13 , 1990 'r O : Planning Commission FROM : Susan L. VanderHe den Assistant to the City ManaaAr 2 TEM : CONDITIONAL USE REQUEST, VIDEO WORLD, APACHE PLAZA Dale McKenzie, owner of Video World in Apache Plaza, is requesting a conditional use permit -to be. allowed to operate a video rental business in the strip mall at 3811 Stinson Boulevard. Video World is moving to the new location to increase the size of the store. The original conditional use permit was approved on February 10, 1981. The City does not have any record of complaints or problems with the store over the' past 9 years. A copy of the April 11, 1989, minutes with the conditions generally imposed upon video rental stores is attached. J Date: 7'" z ! d Fee: $100.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: V, <,1(g d Pyy vGd Phone: Address • 9 2-o o S ,Zvc- 6 / Status of applicant (owner, buyer, renter, agent, etc. ) : Street address and/or legal description of property in question: 5l/l 50 1-7 )3 ,—V& zoning district in which property is located: (!?-VZVZ2225—:' Conditional use proposed: (- -�e (D 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. 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. ::,7 ,/� 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. Signature of applicant. `,` ;..� L/^ice �.1. - ,,/� - - - - - - - -- ----- ---- - - ----- - ---------- - - s=ue.o�-���-r� � ^,��/ .� --- - - --- - - - --- -� � - - �7 ------ �---------- �I------ --- - �, ' �1 i� �- - - ---- - -----L U ------- ` -- ---- -� �-, , v,� .� . -- -- �� � � �- � • CITY OF, ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE 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, August 21, 1990 at 7: 35 P.M. . Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) . The Planning Commission will meet to: Consider a request from Dale McKenzie, owner of Video World, for a conditional use permit to allow video tape rental in a "C" Commercial zone at the strip mall, 3811 Stinson Boulevard. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Thomas D. Burt City Manager Publish: St. Anthony Bulletin August 8, 1990 Sentinel Management C. G. Rein Village Properties 5151 Edina Industrial 949 Sibley Memorial Hwy. 2916 Pentagon Drive Blvd. St. Paul, MN 55118 St. Anthony, MN 55418 Minneapolis, MN 55435 Re: Equinox Apartments Re: Apache Plaza Re: Apache Office. Palo Bill Kelly Don's Car Wash Pizza Hut 1701 Summit Ave. 3725 Stinson Blvd. 3801 Stinson Blvd. Minneapolis, MN 55403 St. Anthony, MN 55421 St. Anthony, MN 55421 Re: Vacant lot on Stinson JVK Quality Homes Firestone Tire Co. Ed's Self-Service 14590 Bowers Drive 3901 Stinson Blvd. 2415-39th Ave. N.E. Ramsey, MN 55303 St. Anthony, MN 55421 St. Anthony, MN 55421 1 Apartment #5, which would require the managers to return for a new • 2 permit for each location to which the facility might be moved. 3 Mayor Sundland suggested a stipulation in the Council's motion that the 4 owners would be required to notify the City of any change in location 5 which could address the Commissioners' concerns without requiring a 6 repetition of the whole permit process each time the location of the 7 facility location is changed. 8 Mr. Hamer reported any such change in location would have to be reported 9 to the Public Works and the Fire Departments. 10 Mr. Solie told Councilmember Makowske day care services for families of 11 the apartment complex residents would be given the highest priority but 12 a few children from outside might be allowed to participate under 13 special circumstances. 14 Council Action 15 Motion by Marks, seconded by Ranallo to grant a conditional use permit 16 to Village Properties for a Class C Ramsey County licensed Family Day 17 Care Facility at 3808 Macalaster Drive for which no more than 14 18 children would be allowed in accordance with the County licensing 19 requirements. The permit is granted with the stipulation that the 20 applicants notify the City within a reasonable period of time if and 21 when the facility is moved to another location in that building. 2 In granting the conditional use permit the Council finds, as did the 3 Planning Commission, that: 24 1 . The use meets the specifications of Section 7, Subdivision 3 , Number 25 3 for a conditional use permit and satisfies the required conditions 26 of Minnesota State Statutes and City Ordinances. 27 2 . Staff had received no calls opposing the permit before either the 28 April 5, 1989 Commission hearing or the April 11, 1989 Council 29 consideration and no one spoke in opposition at either of those 30 meetings. 31 3 . The Council agrees with the Planning Commission that the facility for 32 which the permit is issued would be a real benefit for the residents 33 of the apartment complex. 34 Motion carried unanimously. 35 Conditional Use Permit Granted for the Rental of Video Movies at Chuck's 36 365, 3813 Stinson Boulevard 7 Commissioner Franzese reported the Commission's recommendation regarding 38 the above request as presented in the summary, which the Council 39 accepted with no further questioning. 5 � I 1 Larry Bailey, 1127 East Geranium was present and after the motion • 2 granting the permit passed was told he could start renting the movies 3 immediately. 4 Council Action 5 Motion by Ranallo, seconded by Enrooth to grant the conditional use 6 permit requested by Gas Unlimited Inc. AKA Chuck's 365, to allow the 7 rental of video movies for home viewing on VCRs at 3817 Stinson 8 Boulevard under the following conditions established for businesses of 9 this type: 10 1. There would be no viewing of tapes in the store, except for the bona 11 fide demonstration of tapes and no viewing visible from outside the 12 store. 13 2. The proprietors must comply with all state laws relating to obscenity 14 and to any ordinance of the City of St. Anthony thereafter relating 15 to obscenity. 16 3 . Conviction of the owner or any of the employees of the owner for 17 violation of obscenity laws in the operation of the store would be 18 grounds for revocation of this permit by the City Council. 19 In granting this permit, the Council finds, as did the Planning 20 Commission, that: 21 a. All three questions in the application which are required by statute 22 to be answered affirmatively had been done so by the applicant and 23 accepted by both the Planning Commission and the City Council . 24 b. Similar permits have been granted to six other St. Anthony businesses 25 prior to this request. 26 c. No objections to the permit had been expressed to staff prior to 27 either the April 5, 1989 Commission hearing or the April 11 , 1989 r� 28 Council consideration and none were forthcoming during either meeting. 29 Motion carried unanimously. 30 S26,403.00 in Community Development Block Grant Funds to be Allocated 31 to Activities Recommended by Planning Commission 32 Commissioner Franzese reported the Planning Commission had discussed the 33 City Manager's recommendations related to the allocation of these funds 34 with him. She said one of the questions which had arisen had to do 35 with ' the allocation for the senior citizens program and its 36 relationship to other Community Service programs. 37 Councilmember Makowske sought Council reaction to using some of the 38 funds for a stop light in front of Wilshire School . She was reminded 39 that the same issue had generated a lot of discussion during the 6 ain thro illa e DATE : APPROVAL : August 13 , 1990 TO : Planning Commission Members FROM Thomas D. Burt City Manager : TEM : VARIANCE REQUEST, 3220 TOWNVIEW Mr. Jim Renner, 3220 Townview Avenue, is requesting a front yard variance of 6. 5 feet from the average front yard setback (31 feet) of the two adjacent properties. The City Ordinance states a front yard must have a depth of at least thirty feet or equal to the average front yard of the two adjacent lots. The Planning Commission as well as the City Council have interpreted this Ordinance to require whichever depth is greater. The Renner home, 3220 Townview Avenue, along with the two adjacent homes, 3216 and 3300 Townview Avenue, all have 31 foot setbacks from the right of way (15 feet) . The appearance of seepage in an occupied bedroom directly below the garage has caused the applicant to be concerned about the safety of the occupant. Therefore, the applicant wishes to build a double garage forward of the existing garage so that the weight of a vehicle would not be directly over the lower level bedroom. On August 8th, Staff requested the applicant to provide documentation from a structural engineer declaring the garage unsafe as it is now constructed and that the seepage problem cannot be repaired. The applicant said he did not want to hire a structural engineer unless the variance was approved. The Planning Commission is again faced with the question, does the request meet the three statutory requirements for granting a variance. Safety is a very important concern, neither staff nor the applicant are qualified to declare the existing garage unsafe. Without an engineer declaring it unsafe, it is difficult to say an extraordinary circumstance exists. It is also very difficult to say that the physical surrounding or shape of the lot cause a hardship since the applicant has a garage. Date• A Esc. 2. 1 cl Cj C Fee:• ��� . oy (R-1. . . . . . . . . . . . . . . . $15.00 Other. . . . . . . . . . . . .$25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: James R. Renner Phone: 788-4549 Address: 3220 Townview Avenue Status of applicant (owner, buyer, renter, agent, etc. ) : owner Street address and/or legal description of property petitioned for variance: 3220 Townview Avenue St. Anthony Zoning district in which property is located: R-1 Request: To extend forward toward the street six feet six inches and tutla a two car garage . Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. Minnesota Statutes and City Ordinances require that the following • conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance' be strictly enforced. Yes , the lot is only 68 ' with the house 52 , so we cannot expand to the side or put the garage in back. 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. Yes , see attached sheet 3) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Yes; due to set back requirements Signature of applicant - _- • r - u � A The floor elan of our house is such that the Bedrooms are on the lotser level . Our daughter ' s bedroom is under the existing garage. Spancrete has been used to carry the weight . We have noticed some seepage in the winter of a salty water leaking into this room. We are concerned about the safety feature due to several parking ramps collapsing due to salt water deteriorating the concrete. With the variance the car would -de forward and the weight of the car would not be centered over the bf-�(?room. 2 .We would like to expand into a double car garage for storage and protection of a second car and various household goods . ? . We do not have sufficient land between the neighbors houses to be able to build a driveway and put a garage • behind the house . • 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, August 21, 1990 at 7:45 P.M. . Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) . The Planning Commission will meet to: • Consider a request from James Renner, 3220 Townview Avenue N.E. for a 6 foot 6 inch variance to the front yard setback regulation of the City Ordinance requiring the front yard to have a depth of at least 30 feet or, as in this case, be equal to the average front yard of the two adjacent lots. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Thomas D. Burt City Manager Publish: St. Anthony Bulletin August 8, 1990 • Adolf Saja Conrad Kjeldahl Wayne Johnson 3212-32nd Ave. N.E. 3216-32nd Ave. N.E. 3300-32nd Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Roger Perrin Stephen Koenigsmark Lawrence Bonaventura 3304-32nd Ave. N.E. 3108 Rankin Rd. 3120 Rankin Rd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 William Tedlund Allan Draves Ed Puchtel 3114 Rankin Rd. 3100 Rankin Rd. 3209 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Theodore Holsten Richard Sjoblom Thomas Adelmann 3213 Townview 3217 Townview 3221 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Stanley Grupa Percy Pray Joal Moses 3301 Townview 3305 Townview 3308 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 • John Lomnicki Ken Cobian Jerry Brede 3304 Townview 3300 Townview 3216 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Edward Kennedy R. C. Renckens Michael Schuster 3212 Townview 3208 Townview 3204 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Dennis Larsen James Hoska Eugene Austin 3205-31st Ave. N.E. 3209-31st Ave. N.E. 3213-31st Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Pat Palan Marty Johnson Curtis Wollan 3217-31st Ave. N.E. 3221-31st Ave. N.E. 3301-31st Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 .Robert Smith Richard Tollund R. R. Spoo 3305-31st Ave. N.E. 3309-31st Ave. N.E. 3304-31st Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Jack Musikov Juanita Nordstrom 3004 Crestview Dr. 3025 Crestview Dr. St. Anthony, MN 55418 St. Anthony, MN 55418 • To: St. Anthony Planning Commission Date: August 2. 1990 We have reviewed the plans of Jim and Linda Renner askinq for a front variance of 6 feet 6 inches to build a double car garage. Their- plans are acceptable to LIS. • Address: To: St. Anthony Planning Commission Date: August 2, 199G We have reviewed the plans of Jim and Linda Renner asking for a front variance of b feet b inches to build a double car garage. Their plans are acceptable to us. i Addr-Pss: - To: St. Anthony Planning Commission Date: AUQUSt 2, 199(-> We have reviewed the plans of Jim and Linda Renner asking for a front variance of 6 feet 6 inches to build a double car garage. Their plans are acceptable to us. By: Address: a To: St. Anthony Planning Commission Date: August 2, 1990 We have reviewed the plans of Jim and Linda Renner asking for- a front variance of 6 feet 6 inches to build a double car garage. Their plans are acceptable to us. BY: "3 0 (; �U ��/ ,!i( Tf;v v ref Address: 1 � I To: St. Anthony Planning Commission Date: August 22, 1990 We have reviewed the plans of Jim and Linda Renner askinq for a front variance of 6 feet 6 inches to build a double car garage. Their plans are acceptable to us. By � �- Address: I � Iii I i 1 I i it � I I 'I I i i � � � � � • V. ! V E M U 40 — I :. I r- I i .�1. I �iOPe p u• II � P SEo A j ;321 I owuy�E►N i i 3;2210 -row NV,cw I 3300 wN�iEw .I t�ROME. i R�iDEI ! I ! !fir CN u/ CT►I• L, COC31A►J cq) I �i I I I i i I I i 1 i - - --- --- -- ------ - - - - ----- --- -- - -- - - - - - -- - - - - - - - -_ - - - - - -- - - -- - - -- - - - - - - -�-- - - - - - - - - ------ - -17 Now LLU --- ------------------- - -- - ----------- ------------------------ ---- -------- ------------ ----------------- - ------ ------------------- ----- _ �OtJT . icW_ ---- i 4D I - ar It r f M � i rJ LvING Room DINING ROOM K.ITC-IAEN GARAGE 1 . D R R�Lgce —• 1 i L' '( J I ! Iv Ste- O" I I k ST \yt Tit) c Sc A Lt- 1/'4 i I . i I °I . I - i n o; _� I R ' � t I -- __ i i n j l t 1 i I IL FRONT VIEW �,- Ii e � I i 1 i 1 r : '� ARf.G� t •� o.' '.•I Ii + I ENTRY + ' i I i 13=0" i -7 -0 1 Z`3' I / I I j 10' iJC N9 -- I "Vol!I t I r4 LIVING ROOT �I 1�IN1NG- o 1 F+RGPL L i I TC H l —_ — — --- • 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL MEETING 4 5 JULY 10, 1990 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7:30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 2. ROLL CALL _ ly 15 Present: Mayor Ranallo, Councilmembers .Makowske, Marks, Wagner b Enrooth 16 Staff present: City Manager Burt and Assistant to the City Manager Vander- 17 Heyden 18 19 REQUESTED PUBLIC APPEARANCE 20 21 Ramsey County Public Works - Road Construction on Silver Lake Road 22 Paul Kirkwold, Ddpartment Director for Ramsey County Projects, appeared 23 at the Council meeting to make a presentation of proposed roadway imp- rovements to and widening of Silver Lake Road, Silver Lane to 1694. 25 • 26 Mr. Kirkwold stated that the objective of this project is to improve �27 traffic flow, improve operation of some of the intersections, accommodate 28 load and vehicular capacity and make general topographical corrections 29 as needed. Mr. Kirkwold noted that the presentation he is making to the 30 St. Anthony City Council was previously made to the Metropolitan Council . 31 The only privately-owned property which would be affected is the Salvation 32 Army Camp grounds and one or two residences on Silver Lane. 33 34 With the use of overhead slides, Mr. Kirkwold reviewed all of the alter- 35 natives being considered for this project. 36 37 The first alternative proposed a four lane roadway and sidewalks on 38 both sides of Silver Lake Road. The intersections located at Forest 39 Dale Road and Silver Lake Road and at Seventh Street and Silver Lake 40 Road would be realigned into four lane intersections with a center 41 left turn lane and a cul-de-sac at Eighth Street. 42 43 Alternative Two is proposed to be a four lane divided roadway with 44 sidewalks on both sides the entire length of the project. There would 45 be no major design changes from the present roadway but there would be 46 protected left turn lanes at major intersections. 47 48 it is the intent of the design engineers that the appearance of being 49 a very wide roadway be removed from the project, therefore, they are 50 . r Regular Council Meeting July 10, 1990 page 2 1 recommending the inclusion of some medians. It was noted that Silver • 2 Lake Road is the second highest traveled roadway in the System. Mr. Kirkwold advised that a public hearing was conducted in January of this 4 year where sixty-seven residents were in attendance. It was noted that 5 some residents expressed their concern that a five lane roadway in 6 close proximity to Windsor Green would be very unsafe for pedestrians 7 attempting to cross Silver Lake Road. Some of these residents made 8 suggestions which eventually evolved into Alternative. Three. 9 10 Alternative Three proposed a four lane roadway; sidewalk on the east 11 side of Silver Lake Road, Silver Lane to 1694; sidewalk on the west . 12 side of Silver Lake Road, Silver Lane to County Road E; and a com- 13 bination of center turn lanes or raised medians. i4 15 Mr. Kirkwold showed artists' renderings of "typical" sections of the 16 proposed roadway. Medians will decrease in width where left turn lanes 17 are located. Planting of shrubbery in the medians, use of decorative 18 concrete for sidewalk surfaces, and street light styles were suggestions 19 offered to satisfy the aesthetic needs of the roadway. 20 21 The project will be one and one half miles in length, with approximately 22 one half mile of it being located in St. Anthony. The estimated cost of 23 the project is $3,261 ,307. Mr. Kirkwold reviewed the sources of funding 24 which include: FAU (Federal - $2,282,333) , County and State Aid High- 25 way funds ($824,457) , Ramsey County ($140,862) , and City ($14,510) . The 26 cities involved would be responsible for costs associated with sidewalk 27 installation and Ramsey County does not participate in plantings on 28 roadways. 29 30 On August 21st a public hearing will be held at the New Brighton City Hall 31 regarding this proposed project. All city officials will be notified of 32 this public hearing as will owners of property adjacent to Silver Lake 33 Road in the project area. Construction is scheduled to begin in 1992 or 34 1993• 35 36 Councilmember Makowske inquired as to what consideration had been given 37 to transit system stops in the project area. Mr. Kirkwold responded that 38 the Metropolitan Transit Commission would have to relocate its bus 39 shelter as they were there by permit. 40 41 Councilmember Marks questioned the need for any land acquisition, 42 particularly on the northwest corner of Silver Lane. He was advised 43 that probably about four feet would need be acquired. Ramsey County 44 will purchase any right-of-way needed. 4r 46 Councilmember Makowske inquired if there had been any contact made 47 with Hennepin County regarding this project. She felt a cooperative 48 effort would have been appropriate in view of how the roadway narrows 49 as it approaches 37th Avenue. Mr. Kirkwold stated that the Ramsey 50 • Regular Council Meeting July 10, 1990 Page 3 • 1 County Comprehensive Plan had been reviewed and no conflict appeared 2 as the roadway approached 37th Avenue. 4 Councilmember Marks shared this concern, noting that the roadway 5 funnels down as it approaches 37th Avenue leaving the left lane ' going straight ahead and the right lane being used by turning vehicles. 7 Mr. Kirkwold indicated that to have any change occur further north of this intersection would not be efficient and perhaps some emphasis 9 should be put on "merging." He indicated his willingness to contact 10 Hennepin County regarding this matter. 11 12 Councilmember Marks did observe that this project is really making the 13 roadway more formidable rather than trying to encourage people to use i4 their cars less. 15 15 Mayor Ranallo stated he had recently met with representatives of the 17 Silver Lake Homeowners Association regarding the decreasing quality of 18 the water in the Lake. It is the contention of the residents that most 19 of the water draining from the Apache Shopping Center parking lots 20 empties into the Lake. Methods for cleaning this water before it reaches 21 the Lake are being considered. The Mayor suggested this project could 22 also include some methods for diverting the water. Mr. Kirkwold indicated �3 he would pursue the matter. 24 • 25 3. APPROVAL OF JUNE 26, 1990 COUNCIL MEETING MINUTES 26 �7 Motion by Marks, second by Wagner to approve the minutes of the June 28 26, 1990 Council Meeting as presented with the following corrections; 29 30 page 5, lines 22 E 23: Delete the sentence which reads, "She indicated 31 she had received no call back." 32 page 10, line 48: Delete the words " may be" and replace with the 33 word "is" 34 page 12, line 36: Delete "a compost pile" and replace with the words 35 "compost piles" 36 37 Motion carried unanimously 38 39 40 4. LICENSES/PERMITS/PETITIONS 41 42 Contractors Licenses: 43 Motion by Enrooth, second by Marks to approve the following contractor 44 licenses: 4S 46 Mickman Brothers, Anoka, Mn. 47 Richard Hastings Company, Fridley, Mn. 48 All American Roofing - Remodeling, New Brighton, Mn. 49 • 50 Motion carried unanimously Regular Council Meeting July 10, 1990 page 4 1 Heating Licenses : • 2 Motion by Enrooth, second by Marks to approve the following heating 3 licenses: 4 All Season Comfort Inc. , New Brighton, Mn. 5 St. Marie Sheet Metal , Inc. , Spring Lake Park, Mn. U NewMech Companies, Inc. , Lauderdale, Mn. 7 Ray N. Welter Heating Company, Minneapolis, Mn. 8 9 In response to Council.member Makowske's question regarding the NewMech 10 license, the City Manager advised this firm is involved in the treatment 11 plant matter let by the State. 12 13 Motion carried unanimously 14 15 3.2 Beer Licenses: 16 Motion by Ranallo, second by Wagner to approve the 3.2 beer license for 17 Dennis Fagerlee at Central Park on July 17, 1990 and August 22, 1990 18 and -the 3.2 beer license for Carol Anderson at Central Park on August 19 5, 1990. 20 21 Councilmember Marks stated his opinion that it is an error to approve 22 beer licenses. 23 24 Roll call : Makowske, Enrooth, Wagner, Ranallo - aye 25 Marks - nay 26 27 Motion carries 28 29 5. PRESENTATION OF CLAIMS 30 31 A. Reike Carroll Muller Associates, Inc. 32 Motion by Marks, second by Makowske to approve payment in the following 33 amounts to Reike Carroll Muller Associates, Inc. ; $292.97 for professional 34 services rendered from April 29, 1990 to May 26, 1990 for the temporary 35 water treatment facility; $786. 10 for' professional services rendered from 36 April 1 , 1990 to April 28, 1990 for the temporary water treatment faci- 37 lity and $274.41 for professional services rendered from March 1 , 1990 38 to June 2, 1990 for extra services related to grant amendment, and $4,277.97 39 for professional services rendered from January 28, 1990 to May 26, 1990 40 for Well House No. 3 which included an evaluation of the existing well 41 pump and installation of a new motor. 42 43 The first two bills addressing the water treatment facility resulted 44 from verifying new land disposal regulations, new federal regulations, hs toxicity regulations, and preparation of data for the Public Works 46 Director for the next carbon change out. 47 48 The third bill resulted from additional information to justify the higher 49 bids. Reike Carroll - Muller Associates, Inc. does not have an electrical 50 consultant on staff to do the work on the Well House No. 3 nor to conduct • Regular Council Meeting July 10, 1990 page 5 • 1 an evaluation of the well . These costs will be reimbursed by the State. 2 '• Councilmember Enrooth felt the Council should receive more details from 4 this firm and their reports should be more explicit. The City Manager 5 also will explore if the City staff can complete the grant amendment forms rather than having to compensate someone else to do this. Councilmember Enrooth suggested the bidding process be used for this type of work. P 9 Motion carried unanimously 10 11 B. Hance & LeVahn, Ltd. 12 Motion by Makowske, second by Enrooth to approve payment in the amount 13 of $2,400.00 to Hance & LeVahn, Ltd. for legal services rendered for i4 the month of July, 1990 relative to St. Anthony prosecutions. 15 16 Motion carried unanimously 17 18 C. League of Minnesota Cities Insurance Trust 19 Motion by Marks, second by Ranallo to approve payment in the amount 20 of $23,017.75 to the League of Minnesota Cities Insurance Trust for 21 participation in the LMC's Self-Insured Workers' Compensation Program 22 for the period of June 1 , 1990 to June 1 , 1991 . 23 24 Motion carried unanimously 25 26 D. League of Minnesota Cities - Dues 27 Motion by Marks, second by Wagner to approve .payment in the amount 28 of $4,265.00 to the League of Minnesota Cities for dues for the year 29 beginning September 1 , 1990. 30 31 This was a budgeted item and an increase in the amount of $120.00 over 32 last year. 33 54 Motion carried unanimously 35 36 E. Verified Claims 37 Motion by Marks, second by Enrooth to approve payment in the amount 38 of $33,965.82 for Accounts Payable dated July 11 , 1990. 39 40 Motion carried unanimously 41 42 REQUESTED PUBLIC APPEARANCE 43 4+ Ramsey County Charter Commission - Ramsey County Charter 6S Judy Grant, Charter Coordinator and Bob Beutel , Charter Commission member, 46 were in attendance at the Council meeting to inform the Council what is 47 being requested of them by the Commission. 48 49 A short slide presentation was given to define what a home rule charter 50 addresses and the specifics of the Ramsey County Home Rule Charter. Regular Council Meeting July 1.0, 1990 page 6 1 A portion of the City of St. Anthony is located in Ramsey County. 2 3 After the slide presentation Bob Beutel advised the Council that 4 the seventeen-member Charter Commission has undertaken an educa- 5 tional campaign in Ramsey County municipalities regarding this 6 charter. He noted that the Commission is not campaigning for Charter 7 adoption but rather it is pursuing informing residents of the County 8 so they can make an educated vote on the adoption of the Charter. 9 10 Mr. Beutel noted that numerous public hearings have been held in the 11 County and the Charter is in its final draft form. 12 13 Councilmember Marks inquired if adoption of this Charter would affect 14 the City of St. Anthony in any way. Mr. Beutel responded that no "Big 15 Brotherism" is involved and that the draft had been put together by 16 city councils and city managers of Ramsey County municipalities. 17 18 Councilmember Makowske was interested if any group is leading the 19 promotion of the referendum. Mr. Beutel responded that there is no 20 organized support group. Councilmember Makowske questioned why the 21 City of St. Anthony should promote the Charter. Mr. Beutel felt the 22 Charter would allow for good management of county services and �3 coordination of services which would benefit all municipalities in 24 the County. 25 •26 Councilmember Makowske stated she had been involved with the drafting �7 of the Charter as a member of the Legislative Committee of the Ramsey 28 County League of Local Governments. 29 30 Ms. Grant advised she has responded to all questions posed regarding 31 the Charter and that no changes in it will be made until the vote on 32 the referendum is taken in November. She will provide the City staff 33 with information desired as well as position papers. 34 35 Motion by Marks, second by Enrooth to adopt Resolution No. 90-028, 36 a resolution regarding the Ramsey County Charter Commission. 37 38 Mr. Beutel advised that a failure to vote is a "no" vote and that 39 passage depends on 51% of those voting must have voted to accept 40 the Charter. 41 42 Councilmember Marks observed that the real core of the issue is stated 43 in the last paragraph of the resolution which is very neutral . 44 4; Motion carried unanimously 46 47 48 6. REPORTS 49 50 A. Council Regular Council Meeting July 10, 1990 page 7 • 1 Councilmember Wagner had nothing to report at this time. 2 3 Recently, Councilmember Enrooth had been traveling out of the state 4 and out of the metropolitan area . He had observed how obvious the 5 effective methods employed by Hennepin County were in the area of G recycling when one views other areas. 7 8 Councilmember Marks advised he has been in contact with the Executive 9 Director of the Minnesota Head Injury Association and has his business 10 phone number as well as the phone number of the developer of the ELR 11 facilities. Recent publicity regarding these facilities caused some 12 concern in the communities in which they are located. Councilmember 13 Marks stated that there is a new management firm for the facilities 14 and emphasis is being put on improved care of the residents. 15 16 The Public Works Director has visited with the Manager of the facility 17 located in the City and advised her that the landscaping and sodding 18 of the yard must be completed by July 13th or a ticket will be issued. 19 The City Manager observed that grading of the property had started today. 20 21 Councilmember Makowske advised she will be unable to attend the July 22 18th meeting of the Ramsey County League of Local Governments. This 23 meeting will host a picnic and a tour of some of the area parks as well 24 as visiting the Tamarac Nature Center. She invited members of the • �5 Council to attend. 26 27 Councilmember Makowske, City Manager Burt and Assistant to the City 28 Manager VanderHeyden met with Bruce Nawrocki , a Metropolitan Transit 29 Commissioner and a representative of the Regional Transit Board to 30 discuss route changes in the City of some of the MTC buses. Council - 31 member Makowske felt not much progress was made at the meeting. Senator 32 Marty and Representative McGuire have been contacted to intercede on 33 the City's behalf in this matter. Senator Marty sent a letter to John 34 Capell , Chief Administrator of the MTC and Representative McGuire has 35 indicated she will pursue the matter also. 36 37 Councilmember Makowske felt the rerouting of Route #25 would be very 38 justified in light of the fact that there are 400 new units occupied 39 at Autumn Woods and ridership would most likely increase on that route. 40 41 Also, daytime service on Route #11 which runs to Rosedale Shopping Center 42 is being requested. 43 44 Mayor Ranallo encouraged members of the Council to continue working on 45 the City's ordinances and suggested they make notes in the margins for 46 everyone's review. 47 48 The Mayor felt consideration should be given for starting Council 49 meetings earlier, perhaps at 7:00 p.m. . • 50 Regular Council Meeting July '10, 1990 page 8 1 Mayor Ranallo advised that the Village Fest Committee is very busy 2 and plans for the celebration are taking shape. 7 4 The Mayor received notice of the possibility of cutting operational 5 hours of the Library located at the St. Anthony Shopping Center. 6 This is a Hennepin County facility. The proposed cut in hours is 7 being considered for the winter schedule and will amount to three 8 and one half hours per week. 9 10 He has spoken to Mary Jo Talbot, Coordinator for the Brooklyn Center 11 and St. Anthony libraries, who advised him that the St. Anthony library 12 is being used primarily by Minneapolis residents. 13 i4 The proposed cuts are as follows: Wednesday from 10:00 - 5:30 to 12:00 15 -5:00; Thursday to close at 5:00 rather than 5:30 and on Friday and 16 Saturday to close at 5:00 rather than 5:30. The Mayor indicated he will 17 contact Hennepin County about this matter but at this point in time he 18 has no reason to argue against the cuts. 19 20 Councilmember Makowske felt that Hennepin County is not doing enough 21 to encourage the use of the library. She also felt the residents of the 22 City need a library which meets the needs of the patron better. It is �3 her observation that many patrons now attend the Roseville library. 24 The City Manager will have an article included in the City newsletter 125 encouraging residents to patronize the library. • 27 Mayor Ranallo advised that the Councilmembers have been invited to 28 participate in the Central Avenue Parade on July 24th. Since this �9 conflicts with a regular Council meeting date he suggested the meeting 30 date be changed. 31 32 Motion by Makowske, second by Wagner to change the City Council meeting 33 from July 24th to July 31st. 34 35 Motion carried unanimously. 36 37 38 The Mayor requested a letter be drafted commending the City staff and 39 crews for their outstanding work after the storm. He has received 40 numerous comments from residents regarding the employees work in the 41 cleaning up process. Mayor Ranallo also felt the residents should be 42 commended for the exemplary manner in which they helped each other 43 and the spirit of community and cooperation. 44 4S 46 B. CITY MANAGER REPORT 47 48 The City Manager agreed that the staff did an excellent job picking 49 up after the storm. He observed that the activity will add to the 50 Regular Council Meeting July 10, 1990 page 9 • 1 number of overtime hours. He did seek mutual aid from other communities 2 for equipment to remove brush and a chipper. Additional hours will be spent in preparing the streets for the sealcoating project. He suggested 4 that outside help may be needed for this preparation. Councilmember 5 Enrooth suggested that the most cost effective method be pursued. U 7 The City Manager suggested that a "Thank You" be included in the A Village Fest insert in the Bulletin which would cost approximately 9 $245.35• The Councilmembers concurred with this suggestion. 10 11 The City Manager advised that a group for-Ramsey County administrators 12 have formed an organization called Northern Administrators Group (NAG) . 13 The group will hold monthly meetings. Presently, a joint drug task i4 force has been formed with the cities of St. Anthony, New Brighton and 15 Roseville participating. 16 17 Sue VanderHeyden advised the Council that a resident has been hired to 18 conduct a survey at the Recycling Center so those using the Center can 19 be defined as to the community in which they live. So far the survev has 20 indicated that about ten percent of those using the Center on Saturdays 21 are non-residents. These non-residents are being advised they are not 22 welcome to continue using the Recycling Center in St. Anthony and are �3 being given locations they can use. The person conducting the survey 24 is compensated at a rate of $5.00 per hour with an average salary of .25 $20.00 a week. 26 �7 The Council directed that this surveying continue until the end of 28 September. 29 30 Clean-Up Day is scheduled for September 15th and the Recycling. Committee 31 will have a booth at the Day. 32 33 The City Manager advised that the audit is completed, prepared for disc- 34 ussion and inquired if any members of the Council had questions. The 35 Mayor observed that the Council is starting to follow through with the 36 recommendations made by the auditor in the last two years. 37 38 Motion by Marks, second by Enrooth to officially receive the audit. 39 40 Motion carried unanimously 41 42 The HRA audit will be prepared for presentation at the next Council 43 meeting. 44 `'S Mayor Ranallo advised that the Street Reconstruction Committee met 46 and had a walking tour of the area from 34th to Harding.and 35th to 47 Belden. All the problems in the area were viewed. They included water 48 ponding, asphalt disrepair, curbing, etc. The Mayor felt the members 49 of this committee were very motivated. 50 Regular Council Meeting July 10, 1990- page 10 1 The next meeting of the Committee is scheduled for August when it • 2 will consider sidewalks. Members of the Committee will also view 3 a ranking system on roads which was drafted by the Public Works 4 Director. 5 0 Some interest has been expressed by members of the Road Reconstruction 7 Task Force to pursue the feasibility of locating utilities 8 underground when the streets are redone. The Mayor stated that Min- 9 negasco is very interested in this proposal . 10 11 A meeting will be scheduled in the near future with Northern States 12 Power to explore undergound placement of utilities. The Mayor noted 13 that cable wires may be a deterrent for this consideration but that 14 perhaps some of the utilities can be located in a grassy area rather 15 than under the street which would be much less costly for repairs needed. 16 17 The Committee also had an interest in an Utility Drainage Fund and 18 requested this issue be researched and a proposal be drafted by the 19 City Attorney. Some members of the Committee requested information 20 regarding the City's Assessment Policy. The City Manager stated he 21 will review this policy with the Committee and obtain information 22 from other cities on their assessment policies, specifically road 23 assessments. It was noted that some members requested exact costs of 24 assessments. 25 26 Councilmember Marks inquired if the Committee had any discussions re- 27 garding sidewalks and if they had expressed any concern with the City's 28 striping. The City Manager responded that the Committee had focused 29 on street surfaces. 30 31 Councilmember Marks indicated that not all of the crosswalk striping 32 appears to be completed. The City Manager advised that this project 33 had been moved ahead on the project schedule but now must be stopped 34 to prepare the streets for the sealcoating. 35 36 The City Manager stated that previously members of the Committee had 37 suggested an "Adopt A Sidewalk" program be pursued. He inquired if 38 the present policy of the City plowing sidewalks would continue if 39 there were more sidewalks. 40 41 Mayor Ranallo requested that the Bulletin be contacted regarding the 42 publishing of committee meeting dates and places so that anyone inte- 43 rested in participating will have the correct information. He felt 44 this material would be most effective if it appeared on the front 45, page. It was the Mayor's contention that these committee meetings are 46 an excellent opportunity for resident participation and input. 47 48 Councilmember Enrooth recommended that a fee could be negotiated with 49 the newspaper for publication of monthly meeting information. The City 50 Manager noted that the annual calendar is published in the City news-. Regular Council Meeting July 10, 1990 page 11 1 letter quarterly. 2 4 7. PUBLIC HEARINGS 5 There were no public hearings. 7 8. NEW BUSINESS p _ 9 A. Unappropriated Funds 10 The Council met on July 3, 1990 to discuss designation of St. Anthony 's 11 unappropriated fund balances. 12 13 Motion by Marks, second by Enrooth to designate the unappropriated funds i4 as follows: 15 16 1 ) Working Capital $ 451 ,731 .83 17 2) Self Insurance 40,435.00 18 3) Municipal Buildings 1 ,000,000.00 19 4) Crime Prevention 2, 154.48 20 5) Capital Equipment 196, 124.56 21 6) Road Improvements/Feasibility Studies 117,311 .50 22 7) Beautification/Tree Planting 2,564.37 23 24 The total designation is $1 ,810,321 .74 and the Council approved the �5 closing of the Doppler Radar account at Firstar St. Anthony Bank. 26 27 Motion carried unanimously 28 �9 B. Resolution No. 90-029; Approval of a New Joint Cooperation Agreement 30 for the Hennepin County Community Development Block Grant Program 31 32 This Joint Cooperation Agreement is to gain certification for fiscal 33 years 1991 , 1992 and 1993 and will continue the designation of Hen- 34 nepin County as an urban county so it can continue to receive an annual 35 entitlement grant through the C.D.B.G. program of which St. Anthony 36 is a part. The Cooperation Agreement with Ramsey County will be executed 37 in 1991 . 38 39 Motion by Marks, second by Makowske to approve Resolution No. 90-029. 40 41 Motion carried unanimously 42 43 C. Award Bids for Rehabilitation of Well #3 44 Members of the Council received copies of the bid tabulations received 6S from Rieke Carroll Muller, Inc. for modification and rehabilitation 46 of Well #3. This firm recommended the bid be awarded to Laughlin Electric, 47 Inc. in the amount of $38,530.00. 48 49 It was noted that the bids came in considerably less than had been 50 estimated. Regular Council Meeting July 10, 1990 page 12 1 Recognizing that this facility needs anew generator, Councilmember 2 Enrooth suggested that the remaining funds be used for the purchase 3 of a generator. The City Manager will contact Senator Marty and 4 Representative McGuire on this matter and he noted tha t the Public 5 Works Director expressed his approval of Laughlin Electric. 6 7 Motion carried unanimously 8 9 9. UNFINISHED BUSINESS 10 11 A. Ordinance No. 1990-004; Amendment to Garbage Haulers Ordinance 12 Motion by Enrooth, second by Marks to approve. the final reading and 13 adoption of Ordinance No. 1990-004, being an ordinance relating to 14 the licensing of haulers of garbage, refuse, recyclables and yard 15 waste; amending Section 530:15 of and adding a new section 530:20 16 to the 1973 Code of Ordinances. 17 18 Motion carried unanimously 19 20 B. Selection of Consultants for Sanitary and Storm Sewer Diversions 21 Three firms had submitted proposals- for performing the feasibility 22 study. They are Putnam Consultants, Rieke Carrol Muller Associates, 23 Inc. and Barr Engineering Company. 24 25 Some members of the Council expressed their concerns and reservations 26 regarding some of these firms. 27 28 The City Manager reviewed the costs submitted with the proposals noting �9 that the quote from Barr Engineering was the least costly and that it 30 is a very large firm. 31 32 Motion by Makowske, second by Ranallo to award the evaluation project 33 of a diversion option to Barr Engineering Company. 34 35 Motion carried unanimously 36 37 C. Foss Road Lift Station Update 38 It was noted there is concern with the pumps, the bubbler and the 39 well rusting. The City Manager stated that NewMech's-attorney felt 40 there was nothing irregular with the bubbler functions and that the 41 well could be sanded and painted. The motor is still under warranty. 42 The City Manager indicated that the firm does not intend to pay any 43 liquidated damages which are now in the area of $150,000. 44 4S He felt this matter is headed toward litigation and that the contract 46 law attorney is very comfortable with the City's position in the matter. 47 48 Previously, some members of the Council had visited the site of the 49 Foss Road lift station and observed some of its operation appeared 50 Regular Council Meeting July 10, 1990 page 13 1 to be malfunctioning. This was also observed by members of the staff. 2 3 10. ADJOURNMENT 4 5 Motion by Marks, second by Enrooth to adjourn the meeting at 9:25 p.m. 6 7 Motion carried unanimously 8 9 10 11 Respectfully submitted, 12 13 i4 Jo-Anne Student, Council Secretary 15 16 17 18 Mayor 19 20 21 22 23 ATTEST: • 24 City Clerk 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 • 50