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HomeMy WebLinkAboutPL PACKET 10161984 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100403 Box: 15 Folder: PL PACKETS 1984 Document: PL PACKET 10161984 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA October 16, 1984 7:30 P.M. 1 . Call to Order. 2. Roll Call . 3. Minutes. a. Planning Commission - September 18, 1984. 4. Designate Commission Representative to the Council Meeting on October 23, 1984. 5. Public Hearings. • a. 7:35 P.M. - Mike McGinn; 4021 Fordham Drive; subdivision without platting/variance (4009 Fordham Drive) . b. 7:45 P.M. - Ronald Hansen; 2704 - 32nd Avenue N.E. ; variance. c. 8:00 P.M. - Michael Anderson; 1809 South Plymouth Road, Minnetonka; variance (2608 - 33rd Avenue N.E. ) . 6. Miscellaneous. 7. Adjournment. CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES J September 18, 1984 a 1 The meeting was called to order by Chairman Zawislak at 7:33 P.M. 2 3 Present for roll call : Jones, Franzese, Zawislak, Wagner, and Hansen. 4 5' Absent: Bowerman and Bjorklund. 6 7 Also present: David Childs, City Manager. 8 9 Motion by Commissioner Hansen and seconded by Commissioner Wagner to approve the 10 minutes of the Planning Commission meeting held August 21 , 1984, with the amend- 11 ments and corrections suggested by the Secretary in her September 12th memorandum 12 to the Commission members. 13 14 Motion carried unanimously. 7, 15 16 Commissioner Hansen will report the Commission recommendations to the Council at 17 their next meeting, September 25th. 18 • 19 At 7: 35 P.M. , the Chair opened the public hearing to consider a petition from 20 Stanton E. Fabel for a .variance which would permit him to construct a 10 X 30 21 foot addition to the existing garage at 2509 - 29th Avenue N.E. , to within six 22 feet, three inches, of his east property line, where eight feet, three inches would -23 be necessary to meet the total 15 foot sideyard requirement of the City Ordinance. F' 24 25 Chairman Zawislak read the notice of the hearing which had gone out to all property 26 owners of record within 200 feet of the subject property and which had been 27 published in the Bulletin September 5, 1984. No one present reported failure to _ 28 receive the notice or objected to its content.. n 29 r 30 Mr. Fabel discussed the plans enclosed with his application for constructing a 31 second stall to his existing garage in conformance with the original design for 32 the home. He said he needs a two car garage now that the family vehicles have 33 increased, making it necessary to constantly shuffle cars on the driveway. The 34 applicant told the Commissioners he would be adding to the 16 foot concrete 35 driveway in front of the garage and would be reroofing his existing home and gar- 36 age so the addition wouldn 't have an "added-on" appearance. These improvements 37 should enhance, rather than detract from, the appearance of his property, 'Mr. 38 Fabel said. The addition would also permit him to extend the screened-in area 39 on the back of his home. 40 41 Tom Shaffer, 2513-29th Avenue N.E. Mr. Fabel 's neighbor to the east, was present 42 to indicate to the Commission that he was very much in favor 'of the project. He 43 said the lot lines between the two -properties were very deceptive because, "Stan 44 mows on my lawn and I own his roses". Mr. Fabel estimated the distance between 45 Shaffer' s home and his. property line to be between seven and eleven feet, with . 46 eleven the most likely. Mr. Shaffer said he had his own property surveyed and 47 provided for a two car garage when he built his home because his neighbor to the 4 1 east had -indicated opposition to his getting a variance for that purpose. However, • j 2 the homeowner said, the economic conditions did not .warrant adding another stall 3 at this time. 4 5 Mr. Childs reiterated the explanation of the proposal as stated in his September 6 12th memorandum and reported receiving no calls pertaining to the variance request 7 since that time. No one present raised any further questions or objected to the 8 request and the hearing was closed at 7:44 P.M. 9 10 Motion by Commissioner Jones and seconded by Commissioner Wagner to recommend the 11 Council grant Stanton E. Fabel a two foot variance to the City Ordinance require- 12 ment for 15 foot sideyard setbacks for single family residential property which 13 would allow Mr. Fabel to construct the one stall addition he proposes to the 14 existing garage at 2509 - 29th Avenue N.E. , finding that: 15 16 1 . There was no opposition from the neighbors and, in fact, the neighbor to the 17 east who would be the most affected by the variance,- was present at the hearing 18. to indicate his approval of the project; 19 20 2. The improvements proposed by the applicant would enhance the appearance of the 21 property and the extension of the screened porch to the rear would increase 22 Mr. Fabel 's ability to use his backyard in the summer; 23 24 3. St. Anthony is a two car garage community and it was perceived by the Commission 25 that it would be a hardship, not just an inconvenience, for a family with more 26 than one vehicle to have only a one-stall garage; • 27 28 4. The purpose of' the proposed variance is not based exclusively upon the desire 29 of the owner to increase the value or income potential of the parcel of land; 30 and 31 32 5. The perceived hardship could be considered to have been caused by the City 33 Ordinance and not by persons having an interest in the parcel of land. 34 35 Motion carried unanimously. 36 37 Mr. Fabel indicated he was anxious to get started on construction before the winter 38 set in. He was told the final decision had to be made by the Council the following 39 week, and if that decision turns out to be affirmative, he could apply for a 40 building permit the following morning. 41 42 At 7:50 P.M. , the public hearing was opened to consider the petition from Arthur 43 R. Peele, 492 Rolls Roadway, New -Brighton, for an interpretation of -the zoning 44 ordinance or. a variance to allow construction of a 31 X 82 foot house (including 45 garage) on the existing 66 X 140 foot corner lot at 2621 - 32nd Avenue N.E. 46 'I 47 The notice of the hearing which had been published in the September 5th Bulletin ! 48 and was to have been mailed to adjacent property owners of record within 200 49 feet of the subject property, was read by the Chairman. The Manager reported 50 Commissioner Hansen, who lives to the south of the Peele property, had indicated 51. failure to -receive the notice, but he had researched the City Code of Ordinances 52 and found "failure to receive the notice would not nullify the hearing". • 53 54 In his September 12th memorandum to the Commissioners, Mr. Childs had reported ! 55 staff had recommended that the Commission accept the interpretation of the front a --- - -3- • 1 yard as the narrow side of a corner lot for setback purposes for this proposal and, 2 perhaps, make a :per.manent recommendation to that effect which could be applied 3 when the Johnson.-and Her.tog properties in that same area:are considered for 4 residential development. 5 6 Commissioner Franzese wondered if that interpretation were made, whether the 7 hearing had to be held at all . The response was that since it had been published 8 and neighbors had been notified, the hearing should proceed. The recollection was 9 also that the Council had indicated a preference for considering such action on 10 a case-by-case basis. The Manager confirmed for Commissioner Jones that no 11 variance would be necessary if the Peele home were built to face Belden Drive, 12 which would create a buildable and usable lot as Mr. Childs had indicated on the 13 sketches he had included in the agenda packet. 14 15 He had no plans with him, but Dr. Peele indicated he perceived it would not be 16 feasible for the home he and his wife plan to build on the lot and live in, to 17 have the front door facing 32nd Avenue. He said it had been somewhat of an 18 economic sacrifice for them to tear down the building which they had rented out for 19 a great number of years which had been damaged, but not demolished, in the storm, '> 2.0 especially since they received very little compensation from the insurance for ' 21 tearing it down. The applicant indicated he perceived the removal of the "eyesore" 22 which had caused so many problems for the neighbors and the police, should be 23 considered a service to the community. 24 { 25 Dr. Peele indicated he perceived no problem for his neighbor to the north of him 2.6-. since only their..._.gar_ages .would be adjacent to -each other.. He said the structure 27 he proposes to- build would be in alignment with the Beberg's house, and although 28 it might not be as far back as the two homes being constructed further' north on 29 that street, his home would be set back much further than the Brown home at the 30 end of the street. Mr. Childs guessed the two new homes might be set back further 31 than the City Ordinance requires and indicated he views this request to be very 32 similar to those approved for the house on 34th and Edward and for the Flaherty 33 home on 32nd and Rankin Road. 34 35 Dr. Peele indicated he perceived the home's appearance would be more aesthetically 36 pleasing if it faced Belden Drive, which should cause no problems for the property 37 owners to the rear since only their back yards would be facing each other. He 38 saw the. home he was proposing as enhancing that corner, in contrast to, the dog 39 I tore down". 40 a 41 Frank Budnicki , 3124 Wilson Street N.E. , said he lived two lots down and across the 42 street from the Peele property and indicated he was opposed to letting Dr. Peele 43 build a house which he compared to a "long shed" which would be "twice the size of 44 my house and on a smaller lot". Mr. Budnicki indicated he couldn 't understand 45 why the City kept changing the rules about setbacks and said he perceived lots 46 in the City were getting smaller and smaller; lot lines- shorter and shorter; and 47 homes being built much closer together, than when he had built. The opponent s, 48 indicated his -own lot was 11 ,000 square feet with "a little variation" and had a 49 much smaller house built on it. He was concerned that -the Peele home would not 50 be comparable to the $100,000 homes he sees being built just north of the Peele • 51 properties on hots .which were wiped out by the April 26th tornado. • 52 53 Commissioner Jones asked Mr. Budnicki if it would change the character of the house 4 54- for him if Dr. :Peele put his front door facing 32nd Street and told him all the 55 applicant is asking of the City is permission to turn his house around to face out r' -4- 1 • dn -Belden Drive. When Mr. Budnicki. indicated. that was not what he was objecting • 2 to -.'the Commissioner told him Mr. 'Brown's' home on the other end of that street 3 had- been permitted to be built 15 feet from. the curb line, and since the state 4 ordinance says "your front yard setback must average what your neighbors are, " 5 the Commission could recommend such a variance should be granted to Dr. Peele 6 with which he could build the home he -is now proposing. 7 8 As far as the value of the house goes, Commissioner Jones said he is certain it 9 would be worth more than what was there before the storm, and added that it is not i 10 the responsibility of the City to dictate the worth of the home which is being 11 built on that property. The Commissioner told Mr. Budnicki he had every right 12 to develop his own 160 foot lot all the way back to the required setback lines. 13 14 Mr. Budnicki indicated he would like to know how the neighbor just west of the , 15 Peele property felt about the proposal . Joseph Tretter, 2617 - 32nd Avenue N.E. , 16, responded by saying he had been confused by the notice and had come to the- meeting 17 to find out just exactly what was involved in the Peele request. Mr. Tretter 18 said he didn't care where the Peele's put their front door. His own home is about 19 1-15 feet from the lot line and Dr. Peele indicated a good portion of the back of I 20 his proposed home would probably face Mr. Tretter's back yard and the distance 21 between the two homes would be increased even more if he utilized only 28 of the 22 31 feet the Manager had said were available for a house on the narrow side of the 23 lot. There was also a possibility the house would only be built 82 feet wide, 24 including the garage. I 25 ' 26 Mr. Budnicki indicated he was happy to learn the Peele 's would be living in the 27 new home but said he wouldn 't want to see a double house built on the lot. He 28 was told the zoning would not permit that. 29 30 When the two started exchanging remarks about the size of their respective homes, 31 the Chairman closed the hearing at 8:22 P.M. 32 33 Commissioner Hansen questioned Dr. Peele about whether or not he intended to 34 retain the existing curb cut on 32nd. Dr. Peele indicated he would have no use 35 for a driveway in that location and the Manager said that it would be the home- 36 owner's expense to have the curb cut closer. 37 38 Motion by Commissioner Jones and seconded by Commissioner Hansen to recommend the 39 Council interpret the lot frontage on 32nd Avenue N.E.. be considered the front 40 yard for setback purposes for the property at 2621 - 32nd Avenue N.E. and that the 41 structure to be built there by Arthur -R. Peele be permitted to face towards Belden 42 Drive, finding that: 43 — — 44 1 . Arthur Peele has indicated he intends to build a home without variances in 45 that location; 46 47 2. Because the subject property is - a substandard lot, it is necessary for him to 48 .face the house towards Belden Drive; 49 50 3. The owner of the lot directly west of,the subject property, Joseph Tretter, 51 2617 - 32nd Avenue N.E. , was present for the hearing and indicated he would 52 have no objections to facing the house in that direction; and • 53 54 ` 4. Removal of the decrepit old house which previously stood on that corner, could 55 do nothing less than enhance the appearance of that corner and the neighborhood 56 itself. 1 Motion carried unanimously. 2 3 'Mr. -Budnicki persisted in his belief that the proposed. structure "woul.d. be too long 4 for that small -lot", and indicated he was convinced the Commission would see he 5 was right after .it is constructed. 6 7 Under the "Unfinished Business" classification in the agenda, Mr. Childs had advised 8 that Robbie Nelson, whose request for a variance had been tabled August 21st, 9 would be constructing his addition in such a manner as to not require a variance. 10 11 Mike Anderson, 1809 South Plymouth Road, Minnetonka, was present to request concept 12 approval for his plans for rebuilding for sale of the storm damaged property at 13 2608 - 33rd Avenue N.E. , which he had purchased from his father's aunt, Ila Clark, 14 who could not bear to return to her home now that all her dearest belongings were _ 15 gone. He said he had completely removed the damaged structure and dug out the 16 basement where there had been water problems in the past and now planned to 17 construct on the 47 X 156 foot lot a 34 foot wide structure for which he would 18 need a two foot variance to the City Ordinance requirement for 15 foot sideyard 19 setbacks. 20 21 The plans, which were included in the Commission agenda, were the same ones as 22 used for the Robert Rivard home at 3224 Roosevelt Street N.E. , which had been 23 recommended by Mr. Hamer. However, since the Rivard home was built on a 51 foot 24 lot, Mr. Anderson indicated he doubted very much weather the City would be will - 25 ing to give him a four foot variance and said he would be adjusting the plans so 26 only a two foot variance would be necessary.. The mod-if.icat.ions would be.-made.,in--- • 2 7 the length of the home since there is plenty of room to the rear, Mr. Anderson said. 28 29 The applicant indicated he had lived in the northeast metropolitan area most of 30 his life and had three relatives, including a sister who lives on Edward, within 31 10 blocks of the Clark home. The man- who lived next to this property was a friend 32 of his grandfather and Mr. Anderson said that he had indicated a great interest in 33 seeing him develop the property but had died two weeks previously. 34 35 (here was an indepth discussion of the relation of the subject property and the 36 Hertog property, which Mr. Childs is certain would be replatted for residential 37 development some time in the near future, for which the Manager anticipates the 38 property owners would be seeking a similar. treatment on the corner lots as had a 39 been requested for the Peele property that evening. 40 41 Mr. Anderson indicated he agreed that it would be ideal to have his property 42 incorporated into the Hertog and Johnson developments as suggested by Commissioner 43 Jones, but since the Manager had indicated it could be some time before the 44 insurance settlement is made and the lot split for such a development realized, 45 the new property owner indicated he could .not delay his own project that long. - 46 He said he still hoped to get into the ground as soon as the City procedures would 47 permit and to have the home sold by Christmas. 48 49 Mr. Anderson said he had found out the lot owned- by the Herto.gs east of his own 50 was 42 feet wide and he estimated the old structure, which was once used as a 51 schoolhouse, to be at least 10 feet from his property line. The applicant • 52 indicated he perceived he had a similar situation to the Peele's where it would be 53 hardship to build an attractive home in such a limited space .without ending up 54 with a "shed" appearance which had concerned Mr. Budnicki . Mr. Anderson also 55 contended the home he planned to build .on the lot would not appreciably increase 56 the value of the parcel beyond what- was there before the storm. -6- 1 :The: Commission members were polled for .their .reaction to the proposal . • 2 3 Commissioner- Jones indicated he would 'have no objections to building the proposed -4 .home on that 47 foot lot -but wondered-if-there would be an advantage for Mr. 5 Anderson to at least talk to the Hertogs about their plans for developing the 6 adjacent property to see if he couldn 't work out a different configuration which 7 could be beneficial to both parties since the Commissioner does not foresee the 8 City permitting the redevelopment of the florist property into 47 foot lots 9 facing Edward Street N.E. He told Mr.. Anderson it would be to his own advantage 10 to return to the public hearing on the request with written indications of 11 neighbor approval of his plans. 12 1.3 Commissioner Hansen responded to this by saying he agreed with Commissioner Jones ' 14 desire to have this property fit into the Hertog development, but perceived, 15 since that would not be possible for at least a year, the Commission would have 16 to consider this proposal independently since Mr. Anderson had indicated he 17 wanted to start construction as soon as he could. The Commissioner indicated 18 that, barring any serious opposition from the neighbors, he would be voting for 19 a recommendation of approval for this project since he personally is very happy 20 to see the lots .in that area, none of which are an ideal size, developed for 21 attractive homes. 22 23 Commissioner Franzese indicated she could recommend approval of this proposal 24 since a 34 foot wide house would probably be fitted more attractively on this 25 lot which the Manager had indicated was 7,300 square feet and larger than the 26 Mike Pribula lot at 3231 Roosevelt, for which a variance was recently given. • 27 28 The Chair indicated he also would have preferred to have an arrangement whereby 29 the Hertog property could have been considered with this proposal , but conceded 30 there just wasn 't time for that to be worked out. He offered no objections to the 31 proposal before him. 32 33 Commissioner Wagner indicated the Anderson proposal looked good to him and said 34 he would have no objections if none were raised by the neighbors. 35 36 Mr. Childs reported the actions taken by the City in an attempt to get the storm 37 damaged property like the Johnson 's and the Hertog's cleaned up. Commissioner 38 Hansen said he saw bulldozers working on the Johnson property that day. 39 40 There was a brief discussion of Arkell 's financing problems with the condominium 41 project with several Commission members indicating their concern that some of the 42 buyers might withdraw from their purchase agreements if start of construction, is 43 delayed too -long. 44 45. Commissioner Hansen promised to report, back on the vote scheduled the next evening 46 by St. Anthony Legion members on whether the local post was interested in joining 47 with the New Brighton Legionnaires to purchase the former Super Valu building on 48 Old Highway 8 for clubrooms. If the City group decides to make the move, the 49 St. Anthony building would be sold. ' Mr. Childssaid it would be difficult for 50 that property to be considered along with the condominium development at this 51 late date. . 52 •5 3 Commissioner Hansen requested support of the Commission :members for -the St... -- 54 Anthony Biennial Ball which is scheduled to be held in Apache in April . This led .55 . to a short update on the reconstruction--of the center by staff. ® 1 Motion by Commissioner Wagner and seconded by Commissioner Hansen to adjourn the ' 2 meeting at 9:05 P.M. 3 4 Motion carried unanimously. 5 6 7 8 Respectfully submitted, t 9 10 Helen Crowe, Secretary 11 j 12 i 13 14 15 16 i 17 18 t 19 20 i 21 22 F 0 23 24 i 25 ®26 27 28 29 30 31 32 E 33 34 35 36 37 38 39 40 41 42 -43 - - - - 44 45 46 47 48 49 50 51 52 53 53 54 55 CITY OF ST. ANTHONY ----REQUEST FOR PLANNING COMMISSION- ACTION Date Submitted Type of Action Requested Agenda Item Number Concept Review October 12, 1984 Public Hearings-a Date Action X Formal Action/Motion Title Requested Informational Other Variance and Lot Split - October 16, 1984 Mike McGinn f ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs , City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: This is a request to split Lot 8, Block 4, Moundsview Acres (4009 Fordham Drive) into two single family lots . The proposed lots would be approximately 62.25' X 296 ' each and two new single family homes would be built on the lots . Because the Zoning Ordinance requires a lot width of 75' , a variance is required for the narrower lots . No objections to the proposal have been received and a precedent exists in Moundsview Acres for this type of lot split. • ALTERiNATIVES : Approve or deny. RECOML ENDATION: Staff recommends Commission approval . ATTACHIIENTS : Plan X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : T VA,Le 25� 08+ Fee : R- 15 . 0 Other . . . . . . . ) CITY OF ST . ANTHON't L0 I- SOIIT hpiD PETITION FOR VARIANCE/ ueC)IVISAUA ki'Jl'Ttittff PL-k- na- Applicant: kACCINH Phone : 7N$-N12_ Address : 4021 FoYAy,�im. 0•r"1Ve, > . AY*,eV-.\/ SS4D Status of applicant (owner , buyer, renter , agent , etc . ) : OtkAER Legal description o` property petitioned for variance : LOT �'�DUND�VIEW �tt.F�w Street address : ` 00.9 f.pb4-} { A, DPaVE Zoninu district in • '--lien property is located.: Decriest : SPUT UDT 8 IN -o 2 LOT, APFRC�X 62.25 X 25C ERCI+ ANn I�ccc r Sr��PG�. T GP.UI�� pt(ue� RE�_uWEr 75/ wI,INTI•► C3�r cQL-Ir 500o S&u.kvR F-+�r :ll.^.:ieSCta Stat :tE'S a G' C t`; O�C:1:': aces '_-ecuire that +-he fol 1c%,:inc c0.n(H OitS ... :St ti..'e Sati �'_t'C: c?� = '�_;�.' t ' 1f ::0 an,swer =0 c S` .=!re-.? is r;1:ase exp_a_. S_. _ :. _ __o:.a_ cz..te~s . es ':o 3ecm-,se c` ar=_`_:!a- i _al _ _rrc'...ciinc� S:_:a: C _c DnS C. _:.e C r^UO �_. �. _._ _ nce i :Ot --ar='C e:.c1_.S1L'e -_ _.. _ _:'.. ��L � ..' Val.-.0 or Or-cct e:. __a,:-:.._na c__ �.'....S _c... 'f_ �_.J_�ca� ' to this p_oper=y not ap _icaole to ot:;er prccerty in the vicini or er.ia: district . X 3 . The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in the parcel of land. X Pursuant to Section 15 , Subd. 5 , of the City of St. Anthony Zonin Ordin- ance, a variance shall not be granted for any use not permitted i the - zone inwhich a particular parcel lies . • 'Signature of Applican l.. Signature of Owner o er than applicant) CITY OF ST. ANTHONY NOTICE OF HEARING SUBDIVISION WITHOUT PLATTING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday , October 16 , 1934 , at 7 : 35 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the purpose : Consideration of a request from Mike McGinn , 4021 Fordham Drive N.E. for: 1 . Subdivision without platting of Lot 8 , Block 4 , Mounds View Acres , and described as 4009 Fordham Drive N.E . into two (2) single family residential lots approximately 62 . 25 feet X 296 feet in size and totalling 18 , 000+ square feet each . 2 . A variance from the City code which requires a minimum lot width of 75 feet. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place . Questions regarding this matter , shall be referred to the City Manager, 789-8881 . David M. Childs City Manager Publish : October 2 1984 • i RAILING LIST - 4009 Fordham Drive Mccinn) 9/84 Tom Jarocz Stephan Luciw William Knutson 3929 Shamrock Drive 3933 Shamrock Drive 4001 Shamrock Drive St. Anthony , 21N 55421 St. Anthony, M-1 55421 St. Anthony , Mr-1 55421 i i Thomas Farenholz Jack Tuomi Frank Haws 4009 Shamrock Drive 4013 Shamrock Drive 4017 Shamrock Drive St. Anthony, I1II 55421 St. Anthony, MIT 55421 St. Anthony, 1127 55421 i Robert Rapp Joseph Hennessy Hillar Jurgens 3924 Fordham Drive 3921 Fordham Drive 3926 Fordham Drive St. Anthony, I1N 55421 St . Anthony, MN 55421 St. Anthony , 2.114 55421 Natalie Halstead Wilbert Klemek Daniel Kramer 3928 Fordham Drive 3929 Fordham' Drive 4000 Fordham Drive St. Anthony , PIN 55421 St . Anthony, MIN 55421 St. Anthony , M17 55421 yid 21. Childs A. A. Reid Arvid Johnson 17 Fordham Drive 4001 Fordham Drive 4008 Fordham Drive St . Anthony , M'." 55421 St . Anthony, MIT 55421 St . Anthony , II_` 55421 Robert Vezina Keith Gordon Ted Dageford 4009 Fordham Drive 4012 Fordham Drive 4016 Fordham Drive St . Anthony , MN 55421 St . Anthony , 1111 55421 St. Anthony , MN 55421 Monroe Hall Donald Powles Richard Puffer 4020 Fordham Drive 4024 Fordham Drive 4025 Fordham Drive St. Anthony , 1114 55421 St. Anthony, fIN 55421 St. Anthony , MN 55421 Birger Kylander David W. Anderson 916 N.E. Viceroy Drive 4028 Fordham Drive Spring Lake Park, MPI 55432 St. Anthony, MN 55421 For: 4,013 Fordham Drive • F-6RDqAm DRi v c- EC mom i g • r 5 L` 4=-- 124.51CA � r� CITY OF ST. ANTHONY ---_REQUEST_FOR_PLANNING COt114ISSION ACTION ------- ------------ --------------------------------- ----; Date Submitted Type -of Action Requested Agenda Item ,Number { October 12, 1984- Concept Review - Public Hear i ngs-b Date Action X Formal Action/Motion Title Requested Informational Other Ronald Hansen Variance j October 16, 1984 - 2704 - 32nd Avenue N.E. e ------------------------------------------------------------------------ TO: St. Anthony Planning Commission r, FROM• Dav i d M. Ch i.Ids , C i ty Manager - ------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: This is a request from Ronald Hansen, 2704 - 32nd Avenue N.E. for a variance to allow addition to an existing one car garage to within 4' 3" of the west property line ( 10 ' required) . No objections have been received from any neighbors and a sketch is attached to illustrate the addition. i 1 ALTERti-'TIVES : Recommend approval , modify or recommend denial . s ' a RECOMLIENDATION: Per Commission. a ATTACHMENTS : X Plan X Application Form X Mailing List Letters of Support/Objection X Notice of Hearing CITY MANAGER'S REVIEW:: COMMENTS : p T • September 27, : 1984 Mr. David Childs , City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, Minn. 55418 Mr. Childs : Request is hereby submitted for a side yard variance to allow for an addition to existing home. Details of existing and proposed setbacks are indicated on attached layout. 'Ronald kan sen 2704 32nd Avenue N. E. St. Anthony, Minn. 55418 Attachment G UR 6 LIME • 76� P,QOPOSED i40D/T/ON t , 4 3 6 16,7.. /5 3�� I � ho � o _ souTri' _ LDT t/�✓� J .�1 Fee : R- . . . . . . . . . , 15 . 00 Other . . . . . . . $25 . 00) • CITY OF ST . ANTHONY PETITION FOR VARIANCE Y Applicant: j7 14L/ID 114AI�J Phone : Address : Z_70f -14✓c A/ L - S% ✓:'/��%!/,� Status of applicant (,owner, buyer, renter , agent , etc. ) Legal description of property petitioned for variance: dO,W i6 �`L��✓ CA 0012 Street address : Z''J �2�� �i/'c�� i•/. � Zoning district in which property is located : Request: S/l9C YA/P_P �1t4''1 .,jC& 0/_ Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement is Yes , please explain; using additional sheets . Yes No 1 . Because of the particular physical surroundings , shape , or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship, as distinguished from a mere inconvenience should the applicable ordin- ance be strictly enforced . /1 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 l / of land. Pursuant to Section 15 , Subd. 5 , of the City of St. Anthony Zoning Ordin- ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . Signa re o Applicant : �f280 SE28 10A 15.00GK Signature of Owner o er than applicant) • I CITY OF ST. ANTHONY NOTICE OF HEARING PETITION FOR VARIANCE 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. Pmthony on Tuesday , October 16 , 1984 , at 7 : 45 P .M. , in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose : Consideration of a petition from Ronald L. Hansen for a variance to allow construction of an addition to the west side of the existing home at 2704 - 32nd Avenue N.E . to within 4 ' 3" of the side property line (10 feet is required by City Ordinance) . Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter may be directed to the City Manager, 789-8881 . David "M. Childs City Manager Publish: October 2 , 1984 • f > 2704 - 32nd Avenue II.E. 10/84 qarvin Beberg Robert 14. Bailey Dan Korba 3208 Belden Drive 2700 Hilldale 2708 Hilldale St. Anthony, M11 55418 St. Anthony , "111 55418 St. Anthony , M1.1 55418 Earl floe Ronald Brant Raymond Hasselquist 2712 fiilldale 3111 11ilson Street 3123 Wilson Street St. Anthony , MM 55418 St. Anthony, till 55418 St. Anthony , MN 55418 Frank Budnicki Richard Talbot Mrs. Angela Alfuth 3124 [Milson Street 3128 Wilson Street 3129 Wilson Street St. Anthony , ►i=? 55418 St. Anthony , MI? 55418 St. Anthony , MN 55418 William Kalina Andrew Smoka Anthony Drugcas 3133 Hilson Street 2607 Townview 2611 Townview St . Anthony , Pi711 55418 St. Anthony , MIT4 5541E St. Pnthony , MN 554.18 'chard Roy Edward -Emerson - James Zurawski 12 Townview 2515 Townview 2G16 Townview St . Anthony , MN 55413 St . Anthony , I111I 53418 St. Anthony , 741.1 5341E Russell 1,linye `'nomas Paidosh 11. H . Ripley 2700 To:enview 2701 Townview 2704 Townview St. Antaony , iii? 35419 St. Anthony , MN 55418 St. P-nthony , EI-1 53418 Sam Paoletti Michael Suchar Ronald 1lertog 2705 Townview 2801 Townview 2501- ---32nd--Avenue-V.E-. St. Anthony , PIN 55418 St. Anthony, M11 554'18 St. Anthony , 'IM 55418 Joseph Tretter Jim Plzysos Christie Hansen Garber 15085 Ironwood Court 2617 — 32nd Avenue N.E. 2705 - 32nd Avenue ►1.E. St. Anthony , ME 55418 St. Anthony, !'!?� 55418 Eden Prairie, MN 55344 Re : 2705-32nd Avenue N.E. - . _-------- George McDaniel ?I. L. Thibault Erwin I:ill 2708-32nd Avenue II.E. , 2709-32nd Avenue N.E. 2712-32nd Avenue N.E. St. Anthony,. MIN X55418 St. Anthony, IIN 55418 St. Anthony, PIN 5541E Zugmund Danaj Norman Lucas Gary Blomster 2713-32nd Avenue N.E. 2800-32nd Avenue N.E. 2801-32nd Avenue N.E. St. Anthony, MIN 55418 St. Anthony, MN 55418 St. Anthony, MN 55413 A. R. Peele Donald Vincent 492 Rolls Road 2804-32nd Avenue N.E. New Brighton , MI-I 55112 St. Anthony, MN 55418 Re : 2621-32nd Avenue N.E. r i -- CITY OF ST. ANTHONY REQUEST .FOR PLANNING COMMISSION ACTION Date Submitted Type of Action Requested Agenda Item Number October 12,. 1984 Concept Review X Formal Action/Motion Public Hearings-c Date Action Informational Title Requested Other Variance-Michael October 16, 1984 Anderson (2608-33rd) ------------------------------------------------------------------------ TO: St. Anthony Planning Commission FROM: David M. Childs , City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: Based on last month ' s concept review, Mr. Michael Anderson has applied for a variance to allow construction of a 34 foot house on the existing 47' X 156' lot at 2608-33rd Avenue N.E. A 2' variance is needed to allow the house. Because of the narrowness of the lot , a case can be made for a hardship based on topographic or size characteristics . I received a call from Mrs. Taylor, the neighbor to the east . She stated that she would feel better about a 7 foot sideyard setback on her side than a 6 foot setback. I have also attached a copy of the proposed Hertog subdivision which will be on the November agenda. Based on their plan, it would appear that a 5' setback on the west and an 8' setback on the east would be the best arrangement for Mr. Anderson and his neighbors . ALTERNATIVES : Recommend approval , modify or recommend denial . RECOM!1ENDATION: Staff recommends approval with an 8' setback on the east and a 5' setback on the west . i I i ATTACHMENTS : I` X Plan X Application Form ! X Mailing List Letters of Support/Objection ' X Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : rn I • i �e 44 Fee . (R-1 . * * * * * ' * * Ti 5-. 0 0 . . . . .. . . . . . . Other . . . . . . . $25 . 00) • CITY OF ST . ANTHONY PETITION FOR VARIANCE Applicant: MQ_VAAl_Z �_ 4ND��23o� Phone : Szl(o 7 Address : 7 ago S yc,4-v.,o zc 4 A n-f 07,,E- ��'v L( Status of applicant owner, buyer, renter, agent , etc. ) L! tN. Legal description of property petitioned for variance : Street address : �c.,a s; 3y Ave- N Zoning district in which property is located : l� - Request : � -� T-�- u . : t� 3 v ` un-� /"tV Y ` Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement is Yes , please explain ; using additional sheets . Yes No 1 . Because of the particular physical surroundings , shape , or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship, as distincuished from a mere inconvenience should the applicable ordin- ance be strictly enforced . 2 . The purpose of she 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 y of land. Pursuant to Section 15 , Subd. 5 , of the City of St. Anthony Zoning Ordin- ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . • Signature of Applicant 'F)K 3 4 3 OC 12 A Signature o Owner o er 15.0Ocx than applicant) rs CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. -Anthony on Tuesday, October 16 , 1984 , at 8 : 00 P .M. in the Council Chambers of -the City Hall , 3301 Silver Lake Road (,enter northeast corner) for the purpose : Consideration of a rea uest from Michael C. Anderson, 1809 South Plymouth Road, Minnetonka, MN for a variance from the setback requirements of the Zoning Ordinance to allow construction of a 34 foot wide home on the existing 47 X 156 foot lot located at 2608 - 33rd Avenue N.E. The proposed house would have east and west setbacks of 6 feet and 7 feet where seven feet and eight feet are required. Total variance requested is two feet. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place . Questions regarding this matter may be referred to the City Manager, 789-8881 . David 14. Childs City Manager • c ' 2608 - 33rd Avenue N.E. 10/84 Betty Pinz Leo Hertog, Jr. Leo Hertog, Sr. 2519-21 - 33rd Avenue N.E. 2520 - 33rd Avenue N.E. 2604 - 33rd Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MPJ 55418 David 'Taylor Edwin Brown Faith Methodist Church 2700 - 33rd Avenue N.E. 2702 - 33rd Avenue N.E. 2708 - 33rd Avenue N.E . St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Hertog Robert W. Bailey Henry Ruchty 2521 St. Anthony Road 2700 Hilldale 3246 Edward Street N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Rick Johnson R. F. Osterbauer 2582 Long Lake 2525 - 33rd Avenue N.E. Marvin Beberg St. Paul , MPI 55113 St . Anthony, MPI 55418 3208 Belden Drive Re: 3333 Edward St. N.E. Re: 3300 Edward St. N.E. St. Anthony, MN 55418 John Kosik Vincent Ella Scott Dovenmuehler 3212 Belden Drive N. E. 3300 Belden Drive N.E . 3301 Belden Drive N.E. St. Anthony, MJ 55418 t. Anthony, NN 55418 St. Anthony, MN 55418 0. M. Thompson Lester Reisberg M. P. Dickson 3302 Belden Drive N. E. 3303 Belden Drive N .E . 1855 Benjamin St. Anthony, MN 55418 St. Anthony, MN 55418 Minneapolis, MN 55418 Re: 3304 Belden Drive N.E . .kl• - __iJ _ __ - f is � '�! —77 F Rc�.NT E.Lt VATIor! 1 ,1 6440 I 1 11 `dtW J l n G PtT i IA���F '/�\20• ! /t r• ��3'° ��� .'/Ve .!'tOG� y ._. _ � ',1 \ � \r�Jam.- •-�� � ` �` �... �` / D'.__- Ti —I i_0 4•� Y- , \ .�_.. ,g `y _a. r�.._. 1. H u' Fr IV C � , a _'� � - � �` ' ,,N� lei' . t'° `. ! K - —�-fE�- . •-- I � _ .— -- ' 12 t � L ' � i �� 1 I --�---t____ �__ `Y• a-L-:a_L Via'•= ^•. � , ��"�O�..�•.-• ,/� I Its — � �+,t,Csf. ,�� �� I'JC _. �• tea:;'•}{� -i,<. 1.-..-��,..��,�=�1 �r�_»�—'�-•:='�-�:--`=-�-=� - -- `� � ',- � c,-,r,�l'•,��a:1� ` . HoKse d imensicr1St - 3 ►t X 601 Lot - 4.7 ' wide X I5, ' J,,p _K - I t EDWARD AVE. 310.56 -- Z F-70.00--` --70.00- -70.00 -- '- 70.00 ♦'-72.00- - � . w \ w I � 73.00 �► ��05.00 N o < v rrr Z r� N -70.00-- 70.00-- --70.00 - _ -•70.00-- --70.00 ' _ _ - -70.00 r ♦ a A . U 'p ' ♦! rrrrrrc- n c m 20 o c 0 0 0 a D 0 ti D• � P W NN-L7 t(i OO f� O l7 W-•��N ryry O p 0 0 0 0 D N D U:V..C,V:L:U1 aaraaa�" CITY OF ST. ANTHONY COUNCIL MINUTES September 11 , 1984 The Mayor called the meeting to order at 8:01 P.M. , just after polls for the primary election had closed. Present for roll call : Marks, Ranallo, Sundland, and Makowske. Absent: Enrooth (.arrived at 8:05 P.M. ) . Also present: William Soth, City Attorney; David Childs, City Manager; and Carol Johnson, Finance Director. Motion by Councilman Marks and seconded by Mayor Sundland to approve as submitted the minutes of the budget work session conducted by the Council August 20, 1984. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to approve as submitted- the minutes of the budget work session conducted by the Council August 27, 1984. Motion carried unanimously. Councilman Enrooth arrived duri.ng the discussion of and before the vote on the acceptance of the August 28th regular Council meeting. The following changes were made to those minutes: Page 1 , para. l : Insert "of" between "Pledge" and "Al Ie,giance". para. 4: Insert following the proposed amendments to the August 28th minutes: "Motion by Councilman Makowske and seconded by Council - man Marks to approve as amended the minutes of the Council meeting held August 14, 1984. Motion carried unanimously. " Page 5, para. 3: Insert "approving the St. Anthony Court signage" between "motion" and the commain the last line. Page 7, para. 5: Insert "concept" between "give" and "approval ". Motion by Councilman Makowske and seconded by Mayor Sundland to approve as amended the minutes of the Council meeting held August 28, 1984. Motion carried unanimously. Motion by Councilman Mark,s-and_ seconded by Councilman Makowske to approve the . registration and grant the licenses listed in the September 11th Council agenda as follows: Multiple Housing Registration Cameron Properties for 3721 Chandler Drive. 1 -2- Contractors License Herbst & Sons .Construction Co. , Inc. , New Brighton. Heating License Bowler Company Hoff Plumbing Del Air Conditioning, Inc. Motion carried unanimously. Motion by Councilman Ranallo and seconded .by Councilman Marks to approve payment of all verified claims listed for August 31 and September 11 , 1984, in the September 11th Council agenda. Motion carried unanimously. Motion by Councilman Makowske and seconded by Mayor Sundland to approve payment of $26,304.16 to the Metropolitan Waste Control Commission, representing the install - ment due April 1 , 1984 for the sewer services to the City. Motion carried unanimously. Copies had been distributed of the September 11th letter from the Municipal Caucus to the Waste Control Commission urging an immediate selection of the consultant to perform an independent management study of the Commission at the same time the Caucus acknowledged the cost would eventually be paid by the metropolitan communities • in their rates. The Council indicated concurrence with the recommendation before ordering the letter filed. Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of $16,832 to Hennepin County for services rendered by the County Assessor under the contract due September, 1984. Motion carried unanimously. Mr. Childs affirmed that the City would be reimbursed from Superfund monies for the engineering costs related to the water connection with Roseville and said the state had already been billed for the costs which the Council had before them that evening. Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve payment of $16,956.24 to Short-Elliott-Hendrickson, Inc. for engineering consulting services from March 28 through July 28, 1984 on the Roseville water connection project. Motion carried unanimously. III i Motion by Councilman Ranallo and seconded by Councilman Marks to approve payment of $1 ,371 .72 to Dorsey & Whitney for legal services- rendered during July, .1984. Motion carried unanimously. Dick Peacha and Ted Holsten of the St. Anthony Kiwanis Club presented their organi- zation 's request to conduct their annual Peanut- Day fund -raiser in the City -3- September 28th:. Donations from Council and. staff were accepted and pictures .were • taken by the Bulletin reporter. Motion by Councilman Marks and seconded by Councilman Ranallo to authorize the Kiwanis Peanut -Day fundraiser to be conducted on St. Anthony streets September 28, 1984. Motion carried unanimously. The Mayor reported he had received a call from Douglas Kentock the previous even- ing regarding what Mr. Kentock considered to be an increase in air flights over the City. Mr. Kentock suggested the City might request the same noise measurements be taken for this area as are being taken for cities near the airport. Mayor Sundland said this call had reinforced his own observations while attending the Miracle Sunday observance at Faith Methodist Church, where the speaker's address was drowned out by the sound of large planes flying overhead. He reminded those present that this was not an unusual occurence since, in response to resident complaints in 1982 and 1983, he had written to the Metropolitan Airport Commission questioning at that time whether the airport traffic patterns had not been altered to send more flights over the City. It was the Mayor's recommendation tht he, the City Manager, and several concerned residents should meet with the Commission Chairman to discuss the problem. Motion by Councilman Marks and seconded by Councilman Enrooth to direct the Mayor and City Manager to set up an appointment with the Chairman of the Metropolitan Airport Commission to discuss with him what is perceived by the City to be an increase in air traffic over St. Anthony. Motion carried unanimously. The Chemical Abuse Information Committee had conducted its Kids, Sports and Drugs program for high school students the previous Tuesday night, Councilman Marks reported and the response had convinced the Councilmember that "the greater com- munity is concerned about the drug problem among City youths". Councilman Marks reported each student who participates in a school activity had to sign a pledge not to use drugs or alcohol , which was witnessed by his or her, parent. The success of this program can only be evaluated in the years to come, the Councilman said. At 8:22 P.M. , the Mayor opened the public hearing to receive resident input on the allocation of what is estimated would be approximately S33,857 in Revenue Sharing funds for 1985. A notice of the hearing had been published in the August 28th Bulletin and posted at various locations throughout the City. When no one present responded to the Mayor 's invitation to speak to the issue, .. Councilman Marks inquired whether the funds could be used for the senior housing 202 project. He was told thatsuch funds had traditionally been used for capital. equipment purchases and building maintenance, .for which the need would be great next year. The Mayor indicated the City had historically stayed away from utilizing - these funds for long term expenses like salaries which could present major funding problems for the City if Revenue Sharing is eliminated i.n the future. The hearing was closed at 8:25 P.M. with the final budget to be prepared by staff • for Council approval at a later date. -4- During the consideration of the •August. liquor ,.operati,ons summary, the Manager com- mented- that he was amazed that the revenues from Store 1 had dropped only 50% • due to the opening of the warehouse in the same area. Councilman Ranallo indicated i . he- perceived:-it only supported the strength of consumers' purchase habits, which he. believes would soon become apparent to another community nearby who had closed their main outlet when they opened a liquor warehouse. I In considering the listing of 1983 uncollectible checks for the municipal liquor stores, Councilman Makowske inquired why a $1 ,600 item was listed as uncollectible when the writer was making restitution. Mr. Soth indicated that he assumed it was probably an auditor 's bookkeeping procedure decision. The Manager indicated staff would continue to try to collect these checks whenever it was economically prudent to do so. Councilman Enrooth indicated he believed writing off a couple of thousand dollars in bad checks was more than offset by the check cashing revenue of 1 $41 ,084.19 in 1983. 1 Motion by Councilman Marks and seconded by Councilman Enrooth to authorize the write-off of $2,905.67 in municipal liquor store uncollectible checks for 1983 as listed in the September 11 , 1984 Council agenda. 1 Motion carried unanimously. The Manager had in his September 7th memorandum, addressed the changes in procedures undertaken by staff in response to the management recommendation from the auditor, which included the establishment of separate checking for H.R.A. funds. The September 6th staff notes and North Suburban Cable Commission 1985 budget were ordered filed as informational as was the Minnesota Pollution Control Agency's August 30th listing establishing sites for permanent priorities for MPCA removal or remedial action related to releases or threatened releases of hazardous sub- stances, pollutants and contaminants, which included the site suspected to be the source of the City' s contaminated water problems. Mr. Childs indicated he would research the merchandising efforts towards cable. service in the City and would report back to the Council at their next meeting . Councilman Ranallo' discussed the request from the National League of Cities that the City designate a voting delegate and alternate to the 1984 Congress of Cities to be held in Indianapolis, November 24-28. The Councilman stated that he perceived it was essential to have other Council members, in addition to himself, become well 7 known in the League. He said many of the appointments for the National Conference in Washington, D.C. , would be made at the Indianapolis conference and he would, therefore, like to see at least one of the other Council members attend that con- ference. The designation of a delegate and alternate to the Indianapolis meeting !,t was deferred until the next Council meeting. i • ' Motion by Councilman Marks and seconded by Mayor Sundland to adopt the resolution which designated Offerman and Co. as a depository for investments, as the City Manager had recommended in his September 7th memorandum. RESOLUTION 84-041 A RESOLUTION DESIGNATING A DEPOSITORY FOR CITY FUNDS Motion carried unanimously. -5- If the next Council agenda is nottoo heavy, Mr: Childs said 4e would be scheduling- for that meeting the 18 minute slide-tape presentation on the April 26th tornado ® developed by Lee Entner, who is making the same -presentation before various service -organizations. and groups throughout the -City. Mayor: Sundland indicated the Fire Chief is the guest speaker for the Kiwanis: meeting September 26th . The Manager drew the Council 's attention to the fact that, as recommended by the auditor, the proposed budget modification resolution included the source of revenue which would finance the expenditures. Motion by. Councilman Ranallo and seconded by Councilman Makowske to adopt the resolution which authorizes the budget modifications necessary to bring the 1984 salary and fringe benefits negotiated with the unions into balance with the expendi- tures anticipated for this year. RESOLUTION 84-035 A RESOLUTION MODIFYING THE 1984 BUDGET Motion carried unanimously. Motion by' Councilman Marks and seconded by Councilman Enrooth to adopt the resolution which addresses a change in assessment rolls brought by the replatting of certain properties to accomodate the reconstruction of County Road D. RESOLUTION 84-036 A RESOLUTION RELATING TO THE APPORTIONMENT OF SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS Motion carried unanimously. Motion by Councilman Marks and seconded- by Councilman Makowske to adopt the resolution which appropriates the City 's share of the costs of reconstructing County Road D from Municipal State Aid Street funds. RESOLUTION 84-037 APPRECIATION OF MUNICIPAL STATE AID FUNDS TO C.S.A.H. OR T.H. PROJECT Motion carried unanimously. Motion by Councilman Marks and seconded by Mayor Sundland to adopt the resolution which establishes the trust for the employees ' deferred compensation plan. RESOLUTION 84-038 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE. .THE ICMA RETIREMENT TRUST Motion carried unanimously. Motion 'by,Councilman Makowske and seconded by Councilman Marks to, adopt the resolution which 'authorizes the'-purchase of.*.the. Doppler Radar, system for donation ]o-: the,National' Weather Service under the terms :of the agreement with the Weather Service. -6- RESOLUTION 84-039 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER • TO ENTER INTO THE AGREEMENT WITH. THE. NATIONAL WEATHER SERVICE REGARDING THE PURCHASE OF A DOPPLER RADAR SYSTEM ON BEHALF OF THE CITY OF ST. ANTHONY Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Enrooth to adopt Resolution 84-040. RESOLUTION 84-040 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE AGREEMENT WITH KAVOURAS, INC. REGARDING THE PURCHASE OF A DOPPLER RADAR SYSTEM ON BEHALF OF THE CITY OF ST. ANTHONY Motion carried unanimously. In his September 7th memorandum, Mr. Childs had addressed the proposed ordinance amendment which was written to bring the City ordinances into conformance with recent legislation regarding the regulation of gambling activities by non-profit organizations which will now be under the jurisdiction of the state agencies. A revised version of the ordinance had been distributed to the Council members and Mr. Soth confirmed that the City would no longer be issuing licenses for bingo. Motion by Mayor Sundland and seconded by Councilman Ranallo to approve the first reading of Ordinance 1984-005. ORDINANCE 1984-005 AN ORDINANCE REPEALING SECTIONS 445:00 THROUGH 445: 35 (BINGO) AND SECTIONS 905:00 AND 905:05 (BETTING) OF THE 1973 CODE OF ORDINANCES, AS AMENDED Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to approve the third reading and adopt Ordinance 1984-004. ORDINANCE 1984-004 AN ORDINANCE RELATING TO 'FIRE PREVENTION; AMENDING SECTION 305 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Enrooth and seconded by Mayor- Sundland to adjourn the meeting at 8:55 P.M. for the meeting of the Housing and Redevelopment Authority which: followed. Respectfully submitted, Helen Crowe, Secretary ATTEST: _ Mayor • CITY OF ST. ANTHONY HOUSING.-AND REDEVELOPMENT AUTHORITY MINUTES September 11 , 1984 The meeting was called to order by Chairman Sundland at 8:59 P.M. Present for roll call : Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks, and Commissioners Ranallo and Makowske. Also present: David Childs, Executive Director; William Soth, Attorney, John Arkell and Steve Yurick, Developers for the Kenzington Condominiums; and Richard Krier; Consultant. Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to approve as submitted the minutes of the Housing and Redevelopment Authority_ meeting held August 28, 1984. Motion carried unanimously. The developers told the H.R.A. members construction on the condominium project had been delayed by the last minute withdrawal of construction financing by the Rothchilds Company, even though that firm had submitted a letter of commitment to the project and had instructed the developers to proceed with construction when the project was over 50% sold. Mr. Arkell indicated he perceived all lenders have become . very apprehensive about financing condominiums because so many-of these projects have gone sour nationwide. Applying this experience to the Kenzington was completely unjustified in the eyes of the developer because he perceives the project should be a "piece of cake", with 60 units already sold and 59 of these to be paid in cash. Mr. Arkell said he is also frustrated by the lender's objections to "contingency sales" since he had been able to inform them that Edina Realty was guaranteeing to purchase any homes which did not sell at market value. -Another strong plus for the project, the developer said, is the fact that all subcontractors are committed to the project and Kraus Anderson had agreed to early construction. Mr.. Yurick told the H.R.A. members none of the buyers had been. lost by the delay and eight of those who had already sold their homes have made some very creative arrangements for residency until the condominiums are available. The developer indicated he has been in close contact with all the buyers and believes those who have not sold their homes are convinced February and March would be better months than November and December for the sale of their property. Chairman Sundland and the Secretary/Treasurer both stated they perceived the H.R.A. is very committed to this project, considering themselves partners in the endeavor; and had-no interest at this time in calling in Arkell 's Letter of Credit. Com- missioner Ranallo inquired of the developers whether there was anything further the H.R.A. could do to assure the success of the project.; The- developers were requested to continue to keep them closely apprised of their progress- in- finding a funding source. Mr. Arkell- indicated. he was certain this would be attained within thirty days. Mr. Krier reminded the 'H.R,.A:_ 'members that he .had warned them :at the outset that there .might be 'many ups. 'and :downs before the project :waS accomplished. He. cited other projects:'which have taken -a lot longer; Riverplace, which-:is only 50% sold -2- after two years; a project in southeastern Minneapolis, which had been in the works for over four years; and what is-considered to be a highly successful endeavor in Richfield, which took two and one-half years before construction.. The consultant indicated he was very optimistic that H.U. D. would se.lect. .the City's senior housing 202 proposal later that .month, which could have a very positive effect on the condominium development and would enable the H.R.A. to get on with the commercial -redevelopment portion of the Kenzie Terrace Project. Mr. Krier indicated he perceived there was a unique situation i.n St. Anthony where the purchased housing project had been so supportive of the subsidized project, which had made quite an impression on H.U.D. officials. Because of these factors, and the fact that he agrees with Mr. Arkell that the Kenzington "is one of the best projects he has ever worked on", the consultant advised the H.R.A. not to be too concerned about the setbacks at this stage of the project development. The Attorney was requested to review the terms of the Letter of Credit held by Arkell . Mr. Soth indicated the expiration date is December 1 , 1984 and he perceives no action on the part of the H. R.A. is necessary at this time. He added that it is the developers ' responsibility to notify the H.R.A. 30 days prior to the expiration date if they intend to replace that document. Motion by Secretary/Treasurer Marks and seconded by Vice Chair Enrooth to adjourn the meeting at 9:37 P.M. Motion carried unanimously. Respectfully submitted, • Helen Crowe, Secretary • CITY OF ST. ANTHONY COUNCIL MINUTES September 25, 1984 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led .by the Mayor. Present for roll call : Marks, Ranallo, Sundland, Enrooth, . and Makowske. Also present: David Childs, City Manager. Motion by Councilman Makowske and seconded by Councilman Marks to approve as presented the minutes of the Council meeting held September 11 , 1984. Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to grant the fol- lowing licenses as listed in the September 25, 1984 Council agenda: Heating Licenses Neil Heating & Air Conditioning Motor Vehicle Starting Licenses • Apache Mobile Service Contractors Licenses Eugene Posthumus Construction, Inc. , Brooklyn Park; Horizon Development Co. , Roseville; Berg Remodelers, White Bear Lake; Hage Construction Company, Edina; Mastercraft Construction Corporation, St. Louis Park; R. C. Witt Construction, Roseville; and Gawel & Knaeble Contractors, Inc. , Minneapolis. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to approve payment of all verified claims listed for September 25, 1984 in the Council agenda of the same date. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman, Enrooth to approve payment of $1 ,536,to Edward J. Hance for St. Anthony prosecutions from August 2 through September 5, 1984. Motion carried unanimously. t Ron Hansen of the Planning Commission was present to report that body's' recom- mendations on requests which had come before the Commission during their September 18, 1984 .meeting,, as reflected, in the minutes of that meeting. -2- Commissioner Hansen indicated there had- been unanimous Commission agreement that Council approval should. be recommended for the request f rom: Stanon F. Fabel for a variance which would allow him to add a stall to his existing. one.. car garage at 2509 - 29th Avenue N.E. Councilman Enrooth perceived this would be a logical addition for Mr. Fabel to make. The applicant was present and asked that -the records show his middle initial as F rather than E, ,as listed in the notice of the hearing on his request and in the minutes of the Commission meeting. Motion by Councilman Ranallo and seconded by Councilman Marks to grant Stanton F. Fabel a two foot variance to the City Ordinance requirement for 15 foot sideyard setbacks for single family residential property which would allow Mr. Fabel to construct a one stall addition he proposes to the existing garage at 2509 - 29th Avenue N.E. , finding, as did the Planning Commission, that: 1 . There was no opposition from the neighbors, and, in fact, the neighbor to the east who would be the most affected by the variance, had attended the Com mission hearing September 18th, in order to indicate his approval of the project; 2. The improvements proposed by the applicant would enhance the appearance of the property and the extension of the screened porch to the rear of the house would increase Mr. Fabel 's ability to use his backyard in the summer; 3. St. Anthony is a two car garage community and the Council concurs with the Commission perception that it would be a hardship, not just an inconvenience, for a family with more than one vehicle to have only a one stall garage; 4. The purpose of the proposed variance is not .based exclusively upon the • desire of the owner to increase the value or income potential of the parcel of land; and 5. The perceived hardship could be considered to have been caused by the City Ordinance and not by persons having an interest in the parcel of land. Motion carried unanimously. The Commission representative then reported the Commission had also unanimously recommended the Council interpret the lot frontage on 32nd Avenue N.E. to be the front yard for setback purposes for the property at 2621 - 32nd Avenue N.E. , in order that the structure proposed to be erected there by the owner, Arthur R. Peele, could be faced towards Belden Drive. Councilman Ranallo -reported that after the Council had made a similar interpreta- tion to permit Ruth Smith to rebuild her storm damaged home on the corner of 33rd Avenue N.E. and Edward Street N.E. with an attached garage facing 33rd Avenue, Mrs. Smith's neighbor, T. Dickson, 3326 Edward Street N.E. , had complained to him that the City had told him he could not move his garage closer to the street. The Manager. said he was unaware of such a request and .Mayor Sundland -indicated that although it was unfortunate Mr. Dickson had not .been permitted to change his garage, he perceived it should have no bearing on the Peele request, especially since, as staff had pointed out, the Peele .property would be unbuildable if it were not allowed to face Belden Drive.. Councilman- Ranallo agreed, saying the same was true for the Smith property, which was also on -a corner, and could, not • be rebuilt unless the same interpretation -was made. Dr. Peele was present and answered Council questions related to his proposal . . Neither of .the neighbors who had. attended.the Commission. hearing was in .attendance. r" -3- Motion by Councilman Ranallo and seconded by Councilman Marks •,to interpret the s lot frontage on 32nd Avenue N.E. to be considered the front yard for setback 3 • purposes for the property at 2621 -- 32nd Avenue N.E. and to permit the structure proposed to be built there by Aurthur R. Peele to -face towards Belden Drive, i finding, as did the Planning Commission, that: a 1 . Arthur Peele had .indicated he intends to build a home without variances in 1 that location; t 2. Because the subject property is a substandard lot, it is necessary for the i property owner to face his house towards Belden Drive; 3. The owner of the lot directly west of the subject property, Joseph -Tretter, i 2617 - 32nd Avenue N.E. , was present for the September Commission hearing and indicated he would have no objections to facing the house in that direction; and i 4. Removal of the decrepit house which had stood at that corner before the tornado, could do nothing less than enhance the appearance of the corner and the neighborhood itself. i Motion carried unanimously. 3 As he had at the Commission meeting, Commissioner Hansen sought volunteers for 3 planning the City's Biennial Ball to be held next April . Councilman Enrooth indicated he would be involved in those preparations and the-Mayor said he also { anticipated playing a part in the event. • The Fire Department and Financial reports for August were noted and ordered filed. ` The next announcement by the Mayor was greeted with applause. He reported receiving a call from Senator Durenberger 's office informing him that the City 's 45 unit senior housing project had been selected by H.U.D. for 202 funding . Councilman Ranallo commented that he perceived the Mayor 's and Councilmember 's lobbying of H.U. D. officials in Washington, D.C. had really paid off in this i instance. i Mr. Childs gave Lee Entner's 18 minute slide/tape presentation of the first few minutes of the April 26th tornado as heard on the City's police radio, which was perceived to have been very well done. i Councilman Enrooth indicated he had attended the long awaited meeting by the Rice I Creek Watershed District Committee he had been appointed to and presented the extensive report and draft management plan to the City Manager so he could recommend what the City's response should be 'to the recommendations contained in the report. The Councilman stated that he perceived that, "If. we don 't do our homework prior to the final determination on this one, we could be adversely affected by the -course of action taken". Mr. Childs said he would seek technical advice from Larry Hamer and Erling- Weiberg, another City appointee to the study committee. Councilman Makowske reported attendance at the Ramsey County League of Governments meeting the previous week where the Minnesota Tax Study Commission report on • taxing was given by Commissioner Ebel . She summarized some of the conclusions -4- of the- Commission -and•.gave -t•he- compari sons which had been drawn to Minnesota 's taxes and .those f.or .the nati.on .as a whole. The Councilmember said the Commis- sion's- initial ommis-sion's initial report-.would- be publicized. that-week. Councilman Marks gave- a brief report on the September 20th meeting of the Youth Service Board of Directors at which one of the Board members had resigned. For the Council 's information, Mr. Childs had reproduced in the agenda packet the news article which reported the Public Employees Retirement Association had voted to use state money to defend themselves against the charges of violating the Open Meeting Law in spite of the Attorney General 's advice that public monies should not be used for that purpose. Mike Dembs, 3531 Owasso Street., Shoreview, gave 'an update. on Group W's marketing efforts in the ten communities the firm will provice cable service specifically, the City of St. Anthony. City marketing was delayed by the tornado, the Westing- house representative said, but started in August and there would be five sales- persons working in the City from now on, Mr. Dembs promised. Ninety-five percent, or 2,775 of the City residents, are available for cable service, with 259 apartments not available because the apartment owners had refused to have their buildings wired. As of September 24th, Mr. Dembs said, 125 sales had been made in the City and he indicated the cable firm would be placing a large ad in next week' s Bulletin which would let City residents know cable is available to them and giving a number they could call to have service installed. There was a brief discussion of the various service packages available to the residents and the Group W representative confirmed that with cable, atennas could no longer be necessary. Mayor Sundland thanked Mr. Dembs for coming and indicated the City would appreciate periodic reports on Group W's marketing progress . • With his September 21st memorandum recommending a date be set for the final hear- ing on the 1985 Revenue Sharing and City Budget, Mr. Childs had included in the agenda packet .a draft of the proposed Mayor 's Memos to the community reporting the summer ' s activities and informing the residents that property taxes would have to be raised, as would be reported in the media shortly. Motion by Councilman Makowske and seconded by Councilman Enrooth to schedule the final hearing on the 1985 Revenue Sharing and City budgets for 8:00 P.M. , October 9th, with each budget to be given separate consideration at that time. Motion carried unanimously. Councilman Marks expressed his concern that the funding of the Chemical Abuse Information Committee -and Youth Service Bureau which had been discussed with both organizations earlier in the year, had somehow been overlooked in the budget and he asked whether the City Attorney had reviewed the proposed joint powers agreement with other suburbs which would authorize the City's participation in financing the Bureau on a per capita assessment basis. The general consensus of the Council was that the funding should certainly be made for this year but the decision to continue that funding should be made on a year-by-year basis after each organization had justified continuance of the City's support to the Council 's satisfaction. The Mayor suggested the :funding continue to be handled as a line item to be taken from .the Council 's Contingency Fund rather than to change the final budget figures which had already been set and on which his memo to the • residents had been based. Mr. Childs estimated that funding for the Chemical Abuse Committee would be $1 ,200 and that the Youth Service Bureau would be about $7,400. -5- Mr. Childs reported meeting with Pat Li.ndquist who is handling the publicity for Apache Plaza, who : had. -indicated there would be an observance of -th e reopening • of the mall beginning-November 15th,. with the Grand Reopening ceremonies scheduled for the spri.ng when all the stores are anticipated to be open. He said the City's bottle shop� in the Mall would be reopened the next week with the bar to follow. The Manager indicated- he has had no success in setting up a meeting with City representatives and the Chairman of the Metropolitan Airport Commission but would continue with those efforts. The whole City was put back on its own water supply that day at midnight, according to Mr. Childs who reported testing had indicated the contaminant levels had remained so low as to indicate no further action was necessary at this point in time. On a related note, the -Manager had distributed copies of the memorandum from Becky Comstock of Dorsey & Whitney which had been referred to him by the City Attorney, in which the law firm representative had reported the results of her a consultation with the attorneys for New Brighton related to whether or not the City would be required to take legal action to defend its rights against the alleged contamination of the City water supply by the Twin Cities Army Plant. ' Mr. Childs suggested- it might be advisable for the Council to meet with the City Attorney at a closed session during the October 9th Council meeting to talk about the City's position in any litigation which might be necessary. He said the results of that discussion could then be announced to the public through the media representatives who might be present. Copies of the September 14th report on the Metropolitan Recovery Corporation , proposal to construct a central treatment and recovery facility for metal wastes in Roseville had been distributed to the Council members and the Manager reported he and the Mayor- had met with Dick Nowlin, the corporation 's attorney and had perceived their plan was well prepared. The Manager requested any concerns about the plans be reported to him for addressing at the public hearing on the proposal scheduled to be held before the Roseville Council and Planning Commission October 8th. Mayor Sundland indicated that he perceived the City' s initial concerns about such a facility had been prompted by the lack of advance information about just what type of "hazardous waste" operation was planned just across the border from St. Anthony. Now that the proposal has been made public, the Mayor indicated he believed there would be more Council acceptance of the type of facility which is proposed than many others which could have been constructed on the site selected by the Waste Commission. A brief discussion ensued about some of the undesirable activities which could have gone in on the ? City borders and about the even greater potential for danger to residents from the types of materials which are transported through the City without notice or consent. The Liquor- Manager remained the only department head who had not met with the Mayor and Council in advance of the budget adoption and a meeting .with Mr. Nelson was set up for 7:30 P.M., October 2nd. The agenda packet included -acopy of the September 7th letter from• the Mayor of Roseville seeking the City's support of Roseville's 'application to the Metropolitan Council to have a regional Olympic quality speedskat.ing facility located in Roseville. o . -6- . -Motion by Councilman Rana .lo :and- seconded by -Councilman Enrooth to -adopt -Resolution 84-042 RESOLUT-I.ON 84-042 A RESOLUTION SUPPORTING THE CITY OF ROSEVILLE AS THE SITE FOR A REGIONAL SPEEDSKATING FACILITY f ' Motion carried unanimously. r Motion by Councilman Marks and seconded by Councilman Makowske to approve the second reading of Ordinance 1984-005 repealing the gambling and betting sections of the City Ordinance. 'ORDINANCE 1984-005 AN ORDINANCE REPEALING SECTIONS 445:00 THROUGH 445:35 (BINGO) AND SECTIONS 905:00 AND 905:05 (_BETTING) OF THE 1973 CODE OF ORDINANCES, AS AMENDED Motion carried. unanimousl,y,:- The selection of a delegate to the 1984 Congress of Cities had been tabled at the September 11th Council meeting and the Mayor indicated he would be accompanying Councilman Ranallo -to Indianapolis. Motion by Councilman Ranallo and seconded by Councilman Enrooth to designate Mayor Robert Sundland to serve as the City's delegate to the 1984 Congress of Cities to be held in Indianapolis November 24-28th. • Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to designate Councilman Clarence Ranallo to' serve as the alternate delegate to the same conference. Motion carried unanimously. Motion by Councilman Marks and. seconded by Councilman Enrooth to adjourn the meeting at 9:01 P.M. for the St. Anthony Housing and Redevelopment Authority meeting which followed immediately. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: City Clerk CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES September 25, 1984 The meeting was called to order by Chairman Sundland at 9:02 P.M. Present for roll call : Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks, and Commissioners Ranallo and Makowske. Also present: David Childs, Executive Director. Motion by Secretary/Treasurer Marks and seconded by Vice Chair Enrooth to approve as presented the minutes of the Housing and Redevelopment Authority meeting held September 11 , 1984. Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner Makowske to approve payment of $450 to 0. J. Janski and Associates for inspection and a real estate appraisal of the Mimosa Restaurant property for the 202 senior housing project. Motion carried unanimously. Mr. Childs indicated that just as soon as Mr. Janski 's appraisal of the Walbon property is completed, the H.R.A. should be able to discuss the proposal to develop that tract for townhouses. Motion by Secretary/Treasurer Marks and seconded by Commissioner Makowske to adjourn the St. Anthony Housing and Redevelopment Authority meeting at 9:05 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary