HomeMy WebLinkAboutPL PACKET 06161987 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1987
Document: PL PACKET 06161987
•
C 2 TY O F S T e ANTHONY
. P�.ANN3CNG COMM= SS=ON AGENDA
.�L7NE 6 1 3 8 7
7 = 30 r-> - M -
1.
oMo1. Call to Order.
2. Roll Call.
3 . Minutes.
a. Planning Commission - May 19 , 1987 .
4. Designate Planning Commission Representative to the
Council Meeting on June 23 , 1987.
5. Public Hearings.
a. 7 : 35 P.M. - Robert Fickle, 2614 - 30th Avenue N.E. ,
setback variance.
• b. 7 : 50 P.M. - Bill Campbell, variances for property
located at southeast corner of 37th
Avenue N.E. and Roosevelt Street.
6. New Business.
a. Salvation Army Camp - new construction.
7 . Unfinished Business.
a. St. Anthony Dairy Queen Signage.
8. Adjournment.
•
• C 2 TY OF S T v ANTHONY
P LANN 2 NG COMM 2 S S=ON M=NUTS S
MAY 1 9 1 9 8 7
1 The meeting was called to order by Chair Franzese at 8: 00 P.M.
2 due to school board election and closing of polls at that time.
3
4 Present for roll call: Franzese, London, Wingard, Hansen,
5 Wagner, Werenicz, and Madden.
6
7 Also present: David Childs, City Manager.
8
9 APPROVAL -OF PLANNING COMMISSION MINUTES
10
11 Motion by Wagner, seconded by Hansen to approve as submitted the
12 minutes of the April 21 , 1987 Planning Commission meeting.
13
14 Motion carried unanimously.
15
16 Commissioner Madden will represent the Planning Commission at the
17 May 26, 1987 Council meeting.
18
19 PUBLIC HEARINGS
20
61 Chair Franzese opened,.the public hearing at 8: 02 P.M. and read''
22 ....the legal notice which had ,been •published in the .Bulletin, May 6,
23 1987 . This request is in regard to a request -from Herberger' s
24 Inc. and C. G. Rein Co. for a sign variance at Apache Plaza.
25 -
26 The .request is to install two 519" X 20 ' signs on the existing
27 Apache .Plaza pylon sign located near 39th Avenue N.E. on Silver
28 Lake Road.
29
30 No one present had expressed failure to receive the notice or
31 objected to its contents.
32
33 A staff report was given by Mr. Childs explaining that
34 Herberger' s will be installing one 150 square foot wall sign on
35 the west side of Apache Plaza, as allowed by the Ordinance. They
36 feel that since. they have no Silver Lake Road visibility, the
37 variance is needed to provide proper identification for their
38 store. Mr. Childs also reported that the free-standing sign
39 located on Stinson Boulevard and 39th Avenue . N.E. has been
40 removed. That sign, which was a legal non-conforming sign ( 200-
41 250 feet in size) , had been located on land not owned by Apache
42 Plaza, and was recently removed.
43
44 George Torrey, representing Herberger ' s, was present and gave the
45 following information:
V6
47 *store has projected .opening of late July;
48
49 *Managers will be on site in early June to hire sales
50 force;
1 -2-
2
3 *anchor stores, such . as this, usually have end locations, •
4 which-* gives visibility that Herberger ' s lacks in this situ-
5 ation;
6
7 . *the store will be 40 ,000 square feet of retail space, with
8 15,000 square feet downstairs for offices, storage, and
9 employee lounges, etc. (the J. C. Penney store has a total
10 of 57 ,000 square feet, Warner' s has 25,000 square feet) ;
11
12 *Herberger' s has studied the need for the sign carefully and
13 feel it is definitely needed or they would not be expending
14 $6, 500 to construct it;
15
16 *their nearest store, and only other Twin Cities store, is a
17 50,000 square foot store in the Signal Hills Center in
18 West St. Paul. Herberger' s considers Apache area to be
19 excellent as a marketable location.
20
21 Chair Franzese asked why the sign is permanent rather than
22 temporary since people in the immediate area generally know what
23 is located at Apache and where it is.
24
25 Mr. Torrey reported that in order for them to be successful, they
26 are going to expand the shopping scope of Apache, pulling
27 shoppers who otherwise might go to Rosedale or Northtown. Their
28 stores are comparable to the major department stores in brand
29 and product selection, except- they do not have furniture,
30 appliances or. electronics. The current location has been vacant
31 since 1981, so they feel that it is imperative that they get
32 exposure on Silver Lake Road.
33
34 When asked by Commissioner Hansen how long they have known that
35 they needed a variance, Mr. Torrey responded that the -terms of :.
36 their lease included permission from Apache to put a sign ,on.
37 Silver Lake Road, but they learned of the City' s restrictions
38 when they applied for a sign permit 30 to 45 days ago.
39
40 When asked whether other Apache tenants would be making the same
41 request, Mr. Dennis Cavanaugh, C. G. Rein Co. , stated that the
42 Apache Plaza owners wanted to avoid the Robert Street look in
43 terms of signage, and would not allow another sign on the pylon
44 and would submit a letter agreeing not to request another sign to
45 be mounted on the pylon.
46
47 No persons were present to speak in opposition of the request and
48 the hearing was closed at 8:25 P.M.
49
50 Commissioner Hansen excused himself from the meeting at 8: 30 P.M.
51
52 After considerable discussion about setting a precedent and
53 assuring that only one sign ever be allowed to be placed on the
54 pylon, recalling the St. Anthony Village Shopping Center signage •
0
1 -3-
2
3 had only been temporary - and general agreement that this signage
4 is needed for Herberger' s, the following motion was made. . . .
5 .
6 Motion by Werenicz, seconded by Wagner to recommend that the City
7 Council approve the request from Apache Plaza Ltd. for two 519"
8 X 20 ' signs to be mounted on the Apache Plaza pylon sign located
9 at 39th Avenue N.E. and Silver Lake Road for Herberger' s Inc. ,
10 finding that:
11
12 1 . No persons were present to speak against this request;
13
14 2 . The three conditions requested to be satisfied for a
15 variance have been found in the affirmative by the
16 Commissioners;
17
18 3 . This request is a unique situation in which an anchor
19 tenant has no end on Silver Lake Road access and the
20 space has been vacant for six years.
21
22 This approval will be granted with the condition that Apache
23 Plaza Ltd. guarantee in writing that they will request no further
24 signage on this pylon sign.
25
�26 The Commissioners discussed the lighting (the sign will be
27 lighted the same as the rest of the pylon) , ultimate size
28 (proportion in relation to the pylon) and color of the sign, but
29 made no changes to the motion.
30
31 Motion carried unanimously.
32
33 OTHER BUSINESS
34
35 David Evanson was present to submit the drainage plan for his
36 four unit subdivision located in Gardena Acres, 3500 blocks of
37 Silver Lake Road and Belden Drive.
38
39 *the southeast lot will require approximately a 3 ' cut;
40
41 *the northeast lot will require approximately a 4-9 ' cut;
42
43 *the southwest lot will require approximately a 1-13 ' cut;
44
45 *the northwest lot will require approximately a 11-14' cut;
46
47 *the high point of the subdivision is at about the mid-point
48 of the easterly lots;
49
50. *Mr. Evanson has spoken -with Mr. Forsberg' s son- who was sur-
51 prised that so much soil ( 8,000-10,000 cy) is being removed
4052 resulting in the floor elevation of the adjacent lot
53 - actually -being .lower than his own. It is anticipated that
54 the Forsberg' s will remove their retaining. wall;
1 -4-
2
3 *Mr. Evanson has met with Dr. Osterbauer and had given him
4 plans. Dr. Osterbauer made no commitment of approval, but
5 did not object. It is expected that his retaining wall
6 would not be removed.
7
8 The Commissioners had numerous questions and concerns as follows:
9
10 -provision of silt fences or haybales for erosion control
11 during excavation;
12
13 -better contour lines for slope to adjacent lots, especially
14 Osterbauer to the southwest and Lee Larwick to the north-
15 east;
16
17 -maximum of 3/1 slope for slopes in subdivision or adjacent
18 lots.
19
20 Motion by Wagner, seconded by Werenicz to recommend approval by
21 the City Council of the grading plan and final plat for Gardena
22 Acres, with the following conditions:
23
24 1 . No building permits will be issued until grading is
25 completed in substantial conformance with the grading
26 plan (substantial defined as within 1 - 2 feet of final
27 grade except within 5 feet at the northeast property
28 line) ;
29
30 2 . Erosion control to be provided by silt fence or haybales
31 to City standards;
32
33 3 . Applicant to prepare for City Council amendments to the
34 grading plan showing existing and proposed contours
35 showing acceptable drainage into existing match points;
36
37 4 . Applicant to acquire necessary slope easements from
38 adjacent property owner on northeast;
39
40 5 . Maximum of 3 to 1 slope on this property to include
41 especially the northeast adjacent property and Dr. Ost-
42 erbauer' s property on the southwest.
43
44 Motion carried unanimously.
45
46 MISCELLANEOUS
47
48 DAIRY QUEEN SIGN
49
50 The Planning Commission reiterated their concerns about the
51 signage at the Dairy Queen. They stated that they were led
52 to believe that the Dairy Queen remodeling was to add
53 space on the back side and were very surprised when the ,
54
`l
• 1 -5-
3 structure was completely leveled and rebuilt. - .They .-had denied a
4 ``- new free-standing sign with : .=the understanding that Mr. Plaisted
5 wcould have' the rotating (non-conforming roof sign) - and one wall
'6 sign ' . The property has two wall signs plus the roof sign and
7 the Commissioners find this to be in violation of the Sign
8 Ordinance.
9
10 Staff was asked to notify Mr. Plaisted of his sign violation and
11 to report back as to progress toward removal of the illegal sign.
12
13 - KENZIE TERRACE PROJECT UPDATE
14
15 The City Manager notified the Planning Commission about the
16current status of the Kenzie Terrace Redevelopment - Project.
17
18 *Arkand Partnership is in default on the redevelopment
19 agreement;
20
21 *the City is seeking to replace them as developers;
22
23 *the City ordered a market study to help in finding a new
24 redeveloper. That study shows that a market exists for .
25 only 100 to an absolute maximum of 150 units of new senior
26 rental units at the site;
7
8 *recalculations of the tax increment also indicate that a
29 lower density, perhaps as low as 200 units, might be
30 possible;
31
32 *it appears that a part senior rental ( 100-150 units) -part
33 commercial or townhouse project would not be feasible;
34
35 *alternatives will be explored with the residents -in the
36 neighborhood and their input will be asked for in the near
37 future.
38
39 The Planning Commission was of the consensus that this approach
40 seemed reasonable.
41
42 ADJOURNMENT
43
44 Motion by Wagner, seconded by Werenicz to adjourn the Planning
45 Commission meeting at 10: 15 P.M.
46
47 Motion carried. unanimously.
48
49
50 Respectfully submitted,
51
.52 David Childs, City Manager
3
54 :cjk
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DATE : A P PROVA L
June 12 .1987
T O : planning Commission Members
F ROM :
David M. Childs City Manager
:][']C EM : ROBERT FICKLE, 2614-30TH AVENUE N.E. , SETBACK VARIANCE REQUEST
As you will note from the attached sketch plan, the existing house at 2614 - 30th
Avenue N._E,. (,Robert_ and Susan Fickle) is a non-conforming use, with only a 13'6"
front yard setback (30 feet required) . - The Fickles want- to add to the-s-ide of their -home.
It would not encroach further into the front yard, but would be even with the existing
house front.
In considering this variance, the Commission needs to determine whether granting the
variance will have a detrimental effect. (And in this case, most any "damage" was done
years ago. )
The main question to be raised with the Fickles is "Are there any reasonable alter-
natives?" It would not make a lot of sense to make them push the addition back 17
feet further if it made the addition less functional , or made the looks of the finished
product unattractive or out of proportion.
No calls have been received either for or against this request.
:cjk6.16.87
Date :
Fee :
R- . . . . . . . . .
Other... . . . . . $25 . 00)
. CITY OF ST . ANTHONY
PETITION FOR VARIANCE
Applicant: /2
0le-vt Phone : gg-�66I
26 ! 30 t4 4v�e. /V ! �tA ,t Z;IXIPILI sssrig
Address : J
Status of applicant (owner, buyer, renter , agent , etc. ) :. O wharf
Legal description of property petitioned for variance : AID'rt� 13Y
aT
�01 St AJilDv`s Sc,OtuisIe;�v� 36 � nne ih CBL, P/✓ I
Street address : 26/V - 30 t4 4, IdE
Zoning district in which property is located : . ,
Request:
Minnesota Statutes and City ordinances require that the following- condi-
tions must be satisfied affirmatively. If t-he answer to a statement is f
Yes, please explain, using additional sheets .
i Yes No
e
• 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 I
mere inconvenience should -the applicable ordin-
ance be strictly enforced . {
2 . The purpose of the proposed variance is not based
exclusively upon a desire to increase the value or
income potential of the parcel of land, but would
correct extraordinary circumstances applicable to
CD this property but not applicable to other property
in the vicinity or zoning district .
4
Co
1 3 . The alleged difficulty or hardship is caused by
co City ordinance and has not been created by any
persons presently having an interest in the parcel
of land. --- —
Pursuant to Section 15 , Subd . 5 , of the City of St . Anthony Zoning Ordin-
ance, -a variance shall not be granted for any use not permitted in the
zone in which a particular parcel lies .
Signature of Applicant
a
0
C)
Signature of Owner otFer
than applicant)
May 18, 1987 •
Bob and Sue Fickle
2614 30th Ave. NE
St. Anthony, MN 55418
To: St. Anthony City Council, St. Anthony City Planning Commission
We request a variance to allow the construction of an addition to our home
at the same setback from the front of the property as the existing structure.
The addition will consist of living space: three bedrooms, a bath, and a
laundry room. The shape and position of the existing structure do not permit
the addition to be made at the setback of 30 feet required by ordinance.
We therefore request a variance to allow construction at a setback of 13'611,
which is 1616" less than ordinance requires. The adjacent houses to the west
have a front setback of 301 , while the house immediately to the east has a front
setback of approximately 41 . The setback from the west property line is 171 ,
and the setback of the proposed addition from the east property line is 2116".
Sincerely,
Robert K. and Susan C. Fickle
•
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, June
16 , 1987 , 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 Robert and Susan
Fickle, 2614 - 30th .Avenue N.E. for a variance from the
setback requirements of the Zoning Ordinance to allow an
addition on the east side .of the existing house to within
13 '-6" of the front property line ( 30 feet required) . The
existing house is a legal non-conforming use and the pro-
posed addition would not additonally encroach into the
required front yard.
• 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: June 3 , 1987
•
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1"IH1LLNh L1J1 _ Ld14-JUIN NVtIVUt IV.t. 10/81 f
Nicholas Rudensky Michael 'Humnick Lyle S. Johnson
3020 Harding Avenue- 2625 - 30th Avenue N.E. 2621 - 30th Avenue N.E.
St.. Anthony, MN - 55418 St. Anthony, MN,- 55418 St. Anthony, MN 55418 •
Shirley H. Thompson r Randall Little Frank LoCascio -
2613 - 30th Avenue N.E. •2611 - 30th Avenue N.E. 2609 - 30th Avenue N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Merlin Anderson Tom L. Reiner Mrs. Reuben-W. Johnson
2601 - 30th Avenue N.E. 2600 30th Avenue N.E. 2606 - 30th Avenue N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Gerald Shaw Richard Ott Rolland Gustafson
2610 - 30th Avenue N.E. 2618 - 30th Avenue N.E. 2630 - 30th Avenue N.E.
St. Anthony, MN 55418 St. Anthony., MN 55418 St. Anthony, MN 55418
i
Thomas Roman Howard Hoganson Thomas Gooden
2700 - 30th Avenue N.E. 2601 W. Armour Terrace 2605 W. Armour Terrace
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Paul W. Hernick Ray J. Arent William Bowen
2609 W. Armour Terrace 2613 W. Armour Terrace 2617 W. Armour Terrace
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Simon Jacobs Richard M. Fillion Dale Myhran
2701 W. Armour Terrace 2705 W. Armour Terrace 2709 W. Armour Terrace
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
John Novak John Dotolo
2608 W. Armour Terrace 2616 W. Armour Terrace
St. Anthony, MN 55418 St. Anthony, MPJ 55418
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Administrative Offices
3301 Silver Lake Road, St Anthony, Minnesota 55418
(612) 789-8881
June 10 , 1987
Mr. Al Plaisted
St. Anthony Dairy Queen
2612 Hwy. 88
St. Anthony, MN 55418
Dear Mr. Plaisted:
The St. Anthony Planning Commission has asked that I write to you
concerning your signage at the St. Anthony Dairy Queen.
At -their May 19th meeting, Planning Commission members expressed
surprise and concern about several items.
1. They were surprised that the Dairy Queen recon-
struction project involved leveling the building to
the ground and then constructing a new building. The
Commission members felt that at the time you applied
for a variance for a free-standing sign and a drive-
through permit, they had been led to believe that the
roof would be lowered and two small additions to the
building would be made.
2. The Commission felt that allowing .the grandfathering of
the rotating Dairy Queen roof sign had been based on
this plan for remodeling of the building, not based on
tearing it down and building a new building, which
would likely have resulted in a loss of those grand-
fathered rights.
3 . Finally, the Sign Ordinance allows only one wall sign.
In your current circumstance, you have two wall signs
and a roof sign. The Commission has doubts about
whether the grandfather rights continue to exist on the
roof signs and definitely believes that one of the wall
signs is in violation of the Ordinance.
The Commission has directed me to inform you of said violations
and to have you make corrections.
Robert(Bob) Sundland, Mayor David Childs,City Manager
Councilmembers: Richard A Enrooth,Judy Makowske,George Marks, Clarence Ranallo
• Mr. Al Plaisted
June 10 , 1987
Page 2
You have several alternatives, including the following two:
a. Remove one wall sign.
b. Apply for a variance to keep all current signage.
Please contact me within 10 days of receipt of this letter to
discuss this matter and how we can work toward a solution.
Thank you in advance for your cooperation.
Sincerely,
1
avid M. Childs
City Manager
DMC:cjk
•
•
f
C=TY OF S.T ANTHONY
. COUN C 2 L � M 2 NUTE S
MAY- 1:2 X987
The meeting was -opened- at- 7 : 30 P.M. with the Pledge- of Allegiance led .by
Mayor Sundland.
Present -for roll call: Sundland, Marks, Ranallo, Makowske.
Absent: Enrooth (arrived at 7: 35 P.M. ) .
Also present: David- Childs,, City Manager
William Soth, City Attorney
Larry Hamer', Public Works Director
Mark Flaten, American Risk Services, Inc.
APRIL 2'8 , 1987 BOARD OF REVIEW MINUTES
Motion by Makowske, seconded by Marks to approve. the above as submitted..
Motion carried unanimously.
APRIL 28 , 19'87 COUNCIL MINUTES
• Motion by Makowske, seconded by Marks to approve the above . with the
following changes:
Page 3 , para. 3 : Substitute "Commission" for "Commissioner" in
line 2.
Page ll, para. 10: Substitute "no slack at. ail" for "so little slack" .
Page 18 , para. 11: Insert after Ordinance description:
"Voting on the motion:
Aye-: Marks, Makowske, Sundland
Nay: Enrooth" .
Page 18 , para. 12: Substitute "Motion carried" for "Motion carried
unanimously" .
Motion carried unanimously.
WATER EMERGENCY REPORT ACCEPTED AS AGENDA ADDENDUM
Staff had been forced to impose a total sprinkling ban for .the City
Saturday,- May 9th, -because the -water reserves had sunk to such. levels
that there was danger : thee would.: not be enough water -pressure to- fight
fires if that action were not taken, according to Mr. . Childs. The
Manager then- requested Council direction , related to further actions,
proposing the following as- options:
*continue the total sprinkling ban ( least likely) ;
-2 •
*immediately connect the southern quadrant of- the City to the St.
Paul water system (very costly because the water cost the City twice
as much as it charges its customers) . Last year the cost of water
purchased from mid-June to September 1st was. about $24,000;
*go to an odd/even sprinkling ban from 3: 00 P.M. to 11:00 P.M. each
day which would give, the..City the necessary .16 hours Mr. Hamer has
indicated would be needed to replenish its water reserves.
The Public Works Director answered Council questions and provided the
following technical specifics related to those options:
-indicated that with only two wells in operation, the City' s pumping
capacity had been cut down 30%;
-said banning sprinkling on Saturday. only wouldn' t work because the
reserves have to be replenished on 'a daily basis;
-told Councilmember Ranallo washing and other household uses were not
major contributors to the water shortage;
-agreed with Councilmember Enrooth the system would only work if all
residents cooperated with the ban;
-reported the City wells are only producing 2,300 gallons per minute
now and on May 9, residents were using more than 2,950 gallons a min-
ute., which doesn' t provide enough surplus to fight a big fire;
-explained that a study had been done several years ago related to the
possibility of permanently connecting the City' s water service to the
St. Paul system by making the connection-with that system, which would
involve digging under Hwy. 88, at the same time they studied the
current connection of the southern quadrant through existing pipe
under 29th Avenue N.E. The latter was the only connection the EPA
would pay for with Superfunds so the City would have had to foot the
bill for any other connection.
Mr. Hamer said the Public Works Department would follow the practice it
had in previous years of not sprinkling the parks at all during periods
of water shortages but would need to make an exception of the mini-park
at the Highway 88/St. Anthony Boulevard city entrance which was in dire
need of watering.
The Public. Works Director said one. of the calls he had. gotten in relation
to the complaints from residents who had to,use St. -Paul .water in prior
years had come from a woman:
who. said she .had surveyed her . block and all
the residents had agreed . 'that : the City,.. should connect the southern
portion to . St. Paul water right away; raise taxes to pay for bottled
water for ...the. affected homes; and "let the ,rest of .us water our lawns•
whenever we want" .
• -3-
Ordinance : Considered Which Would - Make Non-Compliance With Ban A
Misdemeanor
Councilmember Enrooth said he knew of—instances of residents who knew
about the ban -last, weekend and consciously continued- sprinkling in spite
. .of that knowledge. When he said he perceived any ban- which the Council
would be imposing that evening would, in all reality, be only a. request.
for compliance, staff agreed that the . Council could_ adopt an emergency
ordinance that evening which would provide a penalty for non-.compliance.
Councilmember Marks indicated he thought some residents had- just not .been
aware that the ban had been imposed. He said he heard one TV. broadcast
which reported the ban, but gave no reason for its .imposition. He had
called that station to let them know the City was not just arbitrarily
enforcing a sprinkling ban, but that St. Anthony faced a serious water
shortage for which there were higher priorities than just watering. lawns.
Mr. Childs indicated all the media he contacted had been fully informed
about why the ban was necessary.
The proposal to adopt an ordinance that evening prompted the following
response:
Makowske said she would be hesitant to pass an ordinance about an
issue which the agenda that evening had made no mention at
all.
Ranallo suggested- the ordinance could be developed for consideration
at the next meeting so any future ban could be enforced.
Childs commented that he did not perceive the level -of non-
compliance to be a major problem at this point in time
because on the whole, people had been pretty cooperative;
indicated that for staff to attempt to address .the ban with
a newsletter would probably get the information to the resi-
dents too late to get compliance during. the current emer-
gency.
Hamer suggested a 3 : 00 P.M. to 11 :00 P.M. ban might be a problem
for -commercial property owners in the Industrial Park. .as well
as City workers because most workers would be gone for most
of those hours .-
reiterated
ours ;reiterated that in the case of the City parks, it -would be
better not to sprinkle them at all during emergency periods.
•
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Council Action •
The City Manager was directed to ' continue to use the media -to publicize
the sprinkling ban.
Motion .by Ranallo, seconded by Enrooth to adopt a City policy under which
a sprinkling ban would .be imposed on an odd/even house address -:basis from
3 : 00 P.M. to. 1.1 :00 P.M-. for residential property and. on . the . same basis
for commercial/industrial. property, from . ,7 : 00 ;A.M. to 3 : 00. -P.M. every
day.
Motion carried unanimously..
LICENSES/PERMITS/PETITIONS
Motion by Ranallo, seconded by Marks to grant the following as listed in
the May .12 , 1987 Council agenda packet:
Contractors
Richard Traczik Construction, Inc. , Coon Rapids
Antco Construction Company, Lexington
Asphalt Specialties, Lakeland
Cigarette •
Get It For Less, Inc. , Apache Plaza
Motion carried unanimously.
Temporary Beer Permits for City Parks
Motion by Ranallo, seconded by . Enrooth , to grant temporary 3 .2 beer
permits to the . following applicants: .
*Patricia Fagerlee, 3407 Croft Drive, for a family picnic, to
include the use of Diamond #3 in Central Park, from 11: 00 A.M. to
9 :00 P.M. , June 6; 1987;
*Jean Johnson, 3510 Skycroft Drive, for a University of Minnesota
Veterinarian Medicine Department picnic to be held in the Central
Park shelter from 5:00 P.M. to 10: 00 P.M. , May 16, 1987 .
Voting on .'the motion: - . .
Aye: Ranallo, Enrooth, Sundland, Makowske.
Nay: Marks.
Motion carried.
.CLAIMS
Motion by. : :Marks, seconded by- Makowske: to approve payment .of the. verified
claims for' City. accounts payable listed for April 30 . and May. 12 in the
May 12 ,- 1987 Council agenda packet.
Motion carried unanimously.
Motion by Marks, seconded by Enrooth to approve payment of $762. 23 .to the
Dorsey & Whitney law firm for legal services during March, 1987 .
Motion carried unanimously,
Motion by Marks, seconded by Enrooth to approve payment of $1,221.20 to
the Briggs and Morgan law firm for legal services in conjunction with the
City' s -lawsuit against the U.S. Army et al related to St. Anthony' s water
contamination problems. The Council also directs staff to schedule a
meeting with the law firm related . to future services in this regard.
Motion carried unanimously.
Motion by Makowske, seconded by Marks to approve payment of $3 , 000 to the
City of Fridley as the City' s share of the hazardous materials response
• vehicle purchased under the joint powers agreement for this -five city
project.
Motion carried unanimously.
REPORTS
Councilmembers Urged to Make Early Reservations for League of Minnesota
Cities Conference in Rochester, June 16, 17, and 18 ,
Councilmember Ranallo urged the above, reiterating that this conference
is expected to be one of the biggest ever.
DEPARTMENT AND COMMITTEE REPORTS
The April liquor, operations sales summary was ordered filed as
informational .
CITY MANAGER REPORTS
May 5, 1.987 Staff Meeting Notes
St. , Anthony Won't Be - Affected By. Legislative. Compromise on Party
Designation on New Voting Machines
•
Carol Johnson's conce'rns about the costs . of proposed modifications. had
been dispelled, Mr. Childs -'reported because the proposed compromise
would:.probably. .•'only :r.equire color. coding the ballots -according to party
designation, which would not affect the- City 4nd- . the modifications would.
only apply to the- general -election :where. thea County pays for- the-.ballots.
Finance Director' s Report. on Computer Purchase Costs for Water and Sewer
Billing Welcomed
Councilmember Enrooth said he perceived a cost recovery within a year to.
be very good.
Unexpended Housing Rehabilitation Funds Reallocated to Kenzie Terrace
Pedestrian Signal Project
As he had indicated in his May 8th memorandum, Mr. Childs reported there.
were $15 ,000 in Hennepin County CDBG funds allocated several years ago
for housing rehabilitation in St. Anthony which remain unexpended and
available for the above project. The Manager had attached. to his
memorandum a copy of the resolution -reallocating these funds to bring the
project within $15,000 of its probable cost of $75 ,000, recommending the'
Council also authorize preparation of plans and specifications for the
signal. He had also advised the remaining unfunded portion could be
taken from the 1988 CDBG allocation or funded by the Kenzie Terrace Tax._
Increment project. Councilmembers were urged to - let the Manager know
which engineers should be contacted for quotes.
•
Councilmember Makowske commented that the signal would certainly provide
safer crossing for Kenzington residents.
Council Action
Motin by Marks, seconded by Makowske to adopt Resolution 87-020 and to
authorize the preparation_ of plans and specifications for. . .the .Kenzie
Terrace Pedestrian Signal Project.
RESOLUTION 87-020
A RESOLUTION REALLOCATING CDBG FUNDS
Motion carried unanimously.
REACTION TO THE PRELIMINARY PURCHASE AGREEMENT FOR PROPOSED TRANSFER OF
. PARKVIEW BUILDING TO CITY TO BE SOUGHT FROM DISTRICT #282
Mr. Childs had presented the terms of the above as negotiated with the.
school district in his May 8th . memorandum. The draft of the agreement
had been developed by the City Attorney and distributed that evening.
The City Manager indicated the committee appointed by- the school district-
. to
istrict. to negotiate - the building purchase by the City, had requested terms #4
and #5 .related to theschool' s. . use of- the gym until such time as -it' s
converted. to, a fire. station by -. -the City and their continued use of the•
cafeteria for community education activities' be addressed in a side
letter agreement.
0
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-Mr. Soth:--•.-went through the document,. emphasizing that. it represented only
a-,preliminary -.purchase offer for which - specific cost . figures :could be,
inserted only after the school had submitted the designs . for the
facilities. the.- City would-be providing .-in exchange for the building.
Councilmember Makowske stated she would be- very uncomfortable even
considering the preliminary, agreement without assurance that the
community would be given an opportunity to provide input to the final
decision. There was general agreement that. there. should be no problem
with just getting . the school district' s reactionto the preliminary
agreement, especially in light of thetime restrictions on getting .the
transfer approved -this year.
Council Action
Motion by Marks, seconded by Enrooth to authorize the submission of the
draft of an agreement under which the City would purchase the Parkview
facility to District #282 for their reaction.
Motion carried unanimously.
AGENDA ADDENDUM
Proclamation to- Thank David Wilmes for Services to St. Anthony
The City Manager was directed to develop the above as requested by
Councilmember Marks.
Council Action
Motion by Marks, seconded by Ranallo to express the City' s gratitude for
Dave Wilmes ' services to the community through the Suburban Youth Service
Bureau with a proclamation.
Motion carried unanimously.
PUBLIC HEARING
VACATION OF SUNSET -AVENUE EASEMENT APPROVED FOR WALKER ON KENZIE
The public hearing on the above was opened by Mayor Sundland at 8 : 27 P.M.
The necessary documents had been submitted by the City Attorney with his
April '20th letter -explaining why an additional easement had to be
vacated. Mr. Soth reiteratedthat because of a surveying error in 1985;
the width : -of Sunset Avenue-. , had- been underestimated at the time it was
vacated for the. senior. housing .apartment. Vacation of that portion of
street •:was therefore necessary to- clear the title for a final closing on
the property.
The hearing was closed at 8 : 30 P.M. for the following:
Council Action
Motion by- Ranallo,, seconded- by Makowske .to adopt -Resolution .87-019 with
correction of the date for the Clerk' s Certificate.
RESOLUTION 87-019 ,
A RESOLUTION .VACATING. A PORTION OF EASEMENT
Motion carried unanimously.
NEW BUSINESS
1987-88 INSURANCE RENEWAL PACKAGE
. As indicated in the. City Manager' s May 8th memorandum, Mr. Flaten had
compiled the price quotes -he had gotten on various aspects of the above
and Councilmembers were provided copies of his report before the meeting.
The City' s insurance consultant reported further that:
-quotes for the umbrella coverage had not come in yet but he expected
- - - --them--to--match-last-year's. figures
-Worker' s Compensation rates had gone down considerably, although- the . •
City's experience modification has risen;
-commended the City and its employees for their efforts under the
Claims Management program, which, as long as there were no further
claims between April 1 and June 1 , would result in a return premium
of about $54,000 for the City;
-pointed out that under the Retrospective Rating Adjustment program,
the City had been able to save close to $20,000 because a large claim
had been pushed back to a prior year;
-advised that past experience would seem to indicate the City should
successfully be able to take higher property and general liability .
deductibles as he had shown on the report;
-told the Council. he perceived the League of Minnesota Cities In-
surance Trust .was the best program available for them;
said -he : perceived' the insurance climate..had- stablized somewhat when
it came -to -general liability even though the League- Trust had chosen
not to return all the premiums they could -to the cities.
Mr. Childs indicated staff perceived higher deductibles should be based
on the number of occurrences and recommended he and Mr. Flaten be ,
directed to seek another quote from the League Trust based on an i
aggregate deductible cap.
0
• -9-
Council Action
Because Councilmember Ranallo is actively: associated with formulating. the
League' s budget,, Mr. Soth ag-reed it. ' might be prudent for the
Councilmember to abstain- from the motion .on the insurance package.
Motion by. Enrooth, seconded by •Marks to approve the 1987-88 insurance
renewal' package presented• by the American Risk -Services representative at
the May 12-, 1987 Council meet ing.,, .except for the- umbrella coverage.:which
was not available; and subject to . the best - deductibles staff, is able to
negotiate with the League Insurance Trust.
Voting on the motion:
Aye: Enrooth, Marks, Sundland, Makowske.
Abstention: Ranallo.
Motion carried.
UNFINISHED BUSINESS '
ORDINANCE 1987-002 IS ADOPTED WITHOUT SPECIFYING NUMBER OF PARKED
VEHICLES BY A 3 TO 2 COUNCIL VOTE
Removal of Article #14 of the proposed ordinance which restricted the
number of vehicles to be parked on a residential lot to 4, had been
approved with a 3 to 1-vote, April-28th. Mayor Sundland read aloud the
revised Ordinance in the -agenda packet and gave his understanding of the
changes which would be made in the 1973 Code of Ordinances, if that
version were to be adopted. that evening.
Councilmember Enrooth told the -.nine residents who were present that after
from six' to ten months of discussions, the general - consensus appeared to
have been that -- there hadn' t been too much public response related to
changing the number of people who can live in 'a household; but the
greatest response addressed the number of vehicles.
Mayor Sundland commented that he didn' t. think anyone. could accuse the
Council of "railroading" the changes through with all the hearings the
Council had held and the publicity that generated on the issue.
Four residents requested to be :heard as follows:
Kathleen . (Mrs: Gar.y) -Danyo,. :354.0 Edward Street N.E.
indicated she was :expressing her • husband' s as well as her own con-
cerns .about the -proposed ordinance, specifically about the ,parking
issue;
-10-
-said they wanted the section which had restricted vehicles on a lot •
to four reinstated in the ordinance because she perceived if the City
allowed four to be parked, some people would park more than that in
defiance of the ordinance;
-cited as an example the fact .that some residents had completely
ignored the sprinkling ban,- even knowing the City' s water supply was
very low;
insisted there had to•.be "more. teeth" in the ordinance to correct
some of.- the existing problems with "unsightly" vehicles parked .. ..-
around the. Village;
-said she and her husband spend a lot of time keeping their property
up and even pay to have a boat and trailer they own parked elsewhere
so their neighbors won' t have to look at them from their backyards;
-said she wanted "the City to have the same kind of concerns about all
the City yards. "
Frank Koes, 2817 Stinson Boulevard
-said he had a hard time accepting the fact that under the new ordin-
ance he would no longer be able to park a utility trailer and a 14 '
foot. fishing boat on the grass in his backyard;
-indicated he did not consider trailers or boats to be "eyesores" but
rather; "sort of symbols of the society we live in''-;
-reported it would cost him more than the boat was -worth to store it
every winter;
-stated he believed the new ordinance "went too- far .towards inter- .
fering with his freedoms" ;
-was told that he ,could put patio blocks under his vehicles without
getting a permit, but a permit would be required if he had a con-
tractor. put in a concrete surface;
-indicated he thought the ordinance wouldn' t get at the problems it
was 'supposed to correct and, would only cause problems for people
like himself where most of the vehicles parked on his property are
only temporary and would be gone when his children leave home.
Bob Lohmar, .2812 St. .Anthony .Road
-said he wanted the Council to-pass as strict an. ordinance as they
could that evening;
pointed-:to:' 'a property at 3208. Roosevelt Street N.E. which had been on
the market for almost a year which, he was convinced, had not sold •.
J
• -11- '
because .the•house:'across• the- street had many, many :cars .and parts of
cars .parked on -the grass . on the front yard;
contended- that, if the price on thathouse has to,-be reduced to sell
it, that would mean its valuation would also go down resulting in
lower taxes for the City;
perceived the need for making the ordinance.-as strong-As possible to
protect the assets of every piece of.' property. in the Village; .but
-warned the ordinance would, be no good if it wasn' t -strictly enforced.
Carol Anderson, 3523 Edward -Street N.E.
reported a family had moved to her block -and allowed two young people
to live in their. downstairs which had resulted in five vehicles,
including two large vans and a pickup truck, being parked in the front
yard;
-added that two of these vheicles were parked the whole winter on the
grass, in an area not even close to the driveway, which had left ruts
in the front yard which still remain;
•
said her- concern was that, although the two extra people have since
moved away, the family might •repeat the same situation again;
-admitted, however, that she felt some sympathy for . those persons who
wanted to store their recreational vehicles in their backyards;
-wondered .if 'the ordinance couldn' t be modified to -allow vehicles like
boats, snowmobiles, and small trailers, but .-not cars, in their back-.
yards;
-said -she recognized that even that might be a problem for corner lots,
however;
concluded--by saying she recognized this ordinance was, needed because
she knew of cases of prospective buyers who had decided not- to move
to St'. Anthony because they saw toomanyabandoned vehicles, etc.
parked on lawns which they viewed as hurting property .values.
The ,Council • reacted totheresidents ' comments as ..follows:
Sundland -said =he :believed the ordinance. had been written in the first
place to- get at some of the incidents 'people were reporting
to the Council;
indicated he- had a particular property in mind when he first
. . : thought .about such an- ordinance but -had been told by the
City Attorney that the problem 'he was concerned about was .
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more
12 more of a. "cleanliness" issue which couldn't .be . legislated
against;
indicated .the ordinance wouldn' t be addressing that problem.
at all;
-agreed with Mr. Lohmar that the ordinance would have to be
enforced to be effective but told him enforcement could only .
come from self-policing by the .residents and would.. have to.
be .initiated by complaints lodged by a neighbor about a
situation perceived to be an ordinance violation.
Ranallo. told .Mrs. Anderson up until last week the ordinance. had
restricted vehicles parked on a lot to more than four;
said 'Article #14 had been deleted at the last Council meet-
ing when he had -not been present and had been unable to
express his opposition to its removal;
-indicated that at first he had thought there should be no
more than two or three vehicles parked on . a lot but. had
been willing to compromise for four;.
-contended that -putting six or seven vehicles on.:.a .paved
surface as one resident had testified he does would never •
correct the problems the Council was addressing;
-stated that, as far as he was concerned, removing Article
#14 would not be fulfilling the promises the Councilmembers
had made to the- voters when they were campaigning, "to
improve St. Anthony" ;
-promised to refer any complaints he received in the future
back to the Councilmembers he perceived were not keeping
that promise.
Councilmember Ranallo asked Mr. Koes if. he -thought his - neighbor would
have trouble selling his house if prospective . buyers saw a .camping
trailer as .well .as three other trailers in his backyard. He said his
real estate friends have told him they perceive "St. Anthony is going
downhill. " The Councilmember said further:
-staff had recently gotten complaints about large -trucks- parked on
residential .property but he. had a hard time :distinguishing .between, - .
that: and a 23 foot long motorhome parked on residential property -all
..year-: long along with a camping. trailer, a boat; a trailer holding two
snowmobiles, and three or four automobiles;
-he pays• rent:.every winter to store his own recreational vehicles
rather than to force his neighbor -to look at them in -his backyard;
i
• -13-
--;he strongly recommended the Council -reinstate Article #14; because .
--lie had no intention of voting for the -ordinance without it.
Councilmember Enrooth stated that:
he didn' t think the Council had been as concerned about minitrailers
or small boats being parked on residential property .as they had .been
about situations where a trailered 24 foot long "mini-cruiser'. is
parked where the neighbors have to look. at it .from October through
May;
-he thought the 'Council really hadn' t known where to draw the line to
mediate the problem;
-he perceived there was a need to establish some sort of maximum;
-as .he had indicated during, the April 28th meeting, he strongly that
Article #14 with a specific number should be included; and'
-he hadn' t changed his viewpoint on that since then.
Councilmember Marks reported that during the 'time he was campaigning
voters- had appeared to have the greatest concerns about a small number of
unsightly yards 'where - parts of vehicles or construction equipment was
left on lawns all year long. The -Councilmember said:
-he had noticed for the first time one of his neighbors had a number
of vehicles parked next to a woods and he perceived that homeowner
should probably have .been at the meeting that night to protest what
Article #14 would be doing to him;
-he didn' t think the small boats people consider to be "symbols of
affluence" were really the problems the ordinance was directed
towards;
-rather than restricting the number of vehicles to 4 to get at
- unsightly construction equipment parked on residential property,
thought the Council should be looking for ways. to specifically -address
that type of violation.
The Councilmember was told even the existing weight restrictions would
not address some of the motorhomes neighbors have. to _put up with in , the
yard next door_ since the ordinance exempts recreational vehicles.
Councilmember. Makowske. 'said she - perceived the ordinance in its present
form addressed , the specific problems of unsightliness, parking ruts in
lawns, as .well as ,parts of vehicles laying all over front yards the
Council was looking at. She. contended:
-14- •
-the ordinance went a long way towards improving the .appearance of
. St. Anthony without infringing on residents' ability to use their pro.
perties well;
this was a good ordinance which was very livable for most of the fam—
ilies in -the City, .including those with .four, five, or more drivers in
their homes who .would. have to come up with $15 or more to get a vagi=
ance in- order to .temporari;ly park the additonal cars their families
need-until the children grow up -and move away;
-any problems the Council perceived remained after the new ordinance.
had been in place for a while could be addressed at a later date.
Mayor Sundland indicated he wasn't certain just how far the Council could
go definition-wise, because he had some empathy. with the. . problem his
neighbor next door would be facing having parked a small boat on .blocks
on his lawn with a cover over it next to his garage for the last 29
years. He was - told the neighbor wouldn' t have to worry a`s long as the
boat was stored on the patio blocks.
The Mayor then told Councilmember Ranallo he 'perceived a one car
homeowner like himself could create more problems for the neighborhood if
he also parked three other vehicles like a . 20 foot -travel trailer, a 22
foot boat, and whatever other vehicle he chose in front of his home, than*
the homeowner with three cars and a. small boat.
Council Action
Motion by Ranallo, seconded by Enrooth to adopt- Ordinance 1987-002 with
the original Article #14 included.
Voting on the motion:
Aye: Ranallo, Enrooth.
Nay: Sundland, Makowske, Marks .
Motion failed.
Motion by Makowske, seconded by Marks to adopt the version of Ordinance
1987-002 which had been included in the May 12, 1987. Council agenda.
AN ORDINANCE RELATING TO DEFINITION OF A FAMILY.
AND TO OFF-STREET PARKING REGULATIONS: AMENDING
SUBDIVISION 2,.OF SECTON 2 .OF. APPENDIX . I (.ZONING)
.OF THE 1973. CODE .OF- ORDINANCES BY AMENDING PARAGRAPH 29
AND BY ADDING .A NEW. PARAGRAPH 77(A) ; AND .AMENDING
SUBDIVISION. 9 OF SECTION 12 OF .SAID APPENDIX BY AMENDING
PARAGRAPH: 8 AND BY ADDING NEW PARAGRAPHS 13 AND 14
-15-
Voting on the motion:
Aye: Makowske, Marks., Sundland.
Nay: Ranallo, Enrooth..
Motion carried.
ADJOURNMENT
Motion by Enrooth, seconded by Marks to adjourn the meeting at 9 : 25 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk
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