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HomeMy WebLinkAboutPL PACKET 09171991 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100448 Box: 15 Folder: PL PACKETS 1990-1991 Document: PL PACKET 09171991 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA SEPTEMBER 17, 1991 7:30 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 20, 1991. • IV. DESIGNATE COMMISSION REPRESENTATIVE TO OCTOBER 8, 1991 COUNCIL MEETING. V. PUBLIC HEARINGS. A. 7:35 P.M. - GARRET PREUSSNER, FOR 2917 - 31ST AVENUE N.E., SETBACK VARIANCE REQUEST. VI. REVIEW OF PROPOSED ZONINING ORDINANCE FOR RECODIFICATION. VII. ADJOURNMENT. NOTE: PLEASE REMEMBER TO BRING THE ZONING ORDINANCE WITH YOU TO THIS MEETING. 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING MINUTES OF 3 AUGUST 20 , 1991 4 1 . CALL TO ORDER 5 6 The meeting was called to order at 7: 35 p.m. with the Pledge 7 of Allegiance led by Chairman Madden. 8 9 2 . ROLL CALL 10 11 Present : Madden, Brownell , Faust , Franzese, Gondorchin, 12 Murphy and Werenicz 13 14 Staff Present : City Manager Burt and Management Assistant 15 Urbia 16 17 3 . APPROVAL OF JUNE 18 , 1991 PLANNING COMMISSION MEETING MINUTES 18 19 Motion by Murphy, second by Faust to approve the minutes of 20 the June 18 , 1991 Planning Commission Meeting with the 21 following corrections : 22 23 page 3, line 21 : Delete "Williams ' s" and replace with 24 "Williams ' " page 13 , line 15: Change "Gondorchin" and replace with "Murphy" 27 28 Motion carried unanimously 29 30 There were no additions to the agenda for the Planning Commission 31 meeting. 32 33 4 . DESIGNATE COMMISSION REPRESENTATIVE TO SEPTEMBER 10 , 1991 34 COUNCIL MEETING 35 36 Commissioner Brownell will represent the Planning Commission 37 at the September 10 , 1991 Council Meeting. 38 39 S. PUBLIC HEARINGS 40 41 A. Thomas Shamp, 3209 Edward. Street N.E. - Fence Variance 42 Request 43 44 All affected property owners have received notice of this 45 public hearing. 46 47 Mr . Shamp is requesting a variance from the fence height 48 requirements .to allow for an eight foot six inch fence. 49 The request is for a two foot six inch variance from the ordinance as the ordinance states that no fence shall be over six feet in height . 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 • 3 PAGE 2 4 5 STAFF REPORT 6 7 A letter was received from Mr. Shamp which addressed two 8 important issues, those being: the slope of the property 9 required for drainage and that the fence is an integral 10 part of the deck and it does not exceed the six foot 11 maximum requirement when measured from the top of the 12 deck as compared to measuring from the ground. 13 14 Urbia showed the Commission members photos of the project 15 which displayed some planned lattice which will be in 16 place in the future. Commissioner Murphy expressed some 17 concern regarding the compliance of the deck meeting code 18 and felt the height being considered would be over the 19 allowable height . 20 21 Urbia advised that the Public works Director, Larry 22 Hamer , had observed that the fence may be too high and 23 recommended to Mr. Shamp he go through the variance 24 request procedure. It was noted that if the height were 25 measured from the top of the deck to the top of the fence 26 it would not be over the allowable height . If it were 27 measured from the natural grade it would be too high to 28 comply with the ordinance. The City Manager and the • 29 Management Assistant advised this matter should be 30 reviewed by the Planning Commission. Mr. Shamp took this 31 advice and made the request for the variance. 32 33 Murphy inquired why the fence was installed before the 34 variance request had been submitted. Urbia responded that 35 the property owner had understood measurements would be 36 taken from the deck. Madden felt the concern of the fence 37 height is more appropriately viewed as a concern of the 38 neighbor who has to look at it and was not the 39 perspective of the one who erects it . He stated he does 40 not feel the ordinance held a narrow interpretation of 41 this regulation. 42 43 Franzese observed there is some question what is defined 44 as a fence. She feels this project does not really 45 constitute a fence. Urbia reviewed the term "fence" and 46 noted that it is not defined in the ordinance. 47 48 Murphy inquired if a deck design is addressed in the 49 ordinance. Urbia did not know if it were. 50 51 Franzese cautioned that if this were not viewed as a 52 fence the Commission could be opening up opportunities 53 for anyone to do anything they wanted. There could be 54 negative fallout by not interpreting this as a fence. 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 PAGE 3 5 6 Madden observed that the fence without the lattice would 7 require a variance. Urbia advised that the Public works 8 Director had visited the home to view the deck. Murphy 9 inquired if a building permit has been gotten. Urbia 10 responded that a building permit had been sought and that it the plans had been submitted at the time the permit was 12 issued. 13 14 Mr. Shamp advised that no plans were required. He stated 15 it is his intent to make this a first-class addition to 16 the neighborhood and that some of his neighbors had 17 expressed their support for his project . 18 19 The Public Hearing was opened at 7 : 43 p.m. 20 21 Mr. Shamp expressed his appreciation for the comments he 22 has received from staff during their site inspection as 23 well as the comments received from members of the 24 Planning Commission. 25 26 No one spoke for or against the request . 27 Gondorchin inquired if it is Mr. Shamp' s intention to put 46 the lattice work back into the project . Mr. Shamp 30 responded that this is his intention as the lattice work 31 makes the project more attractive. He noted that his 32 neighbors are aware that this is his intention. 33 34 Werenicz noted he had visited the site and is supportive 35 of granting the variance. 36 37 The Public Hearing was closed at 7 : 46 p.m. 38 39 Motion by Franzese, second by Werenicz to grant the variance 40 from the height requirements to allow for an eight foot six 41 inch fence to Thomas Shamp at 3209 Edward Street N.E. , noting 42 that no one spoke against the project and it does comply with 43 the three conditions for granting of a variance. 44 45 Brownell stated he will not support the granting of the 46 variance as he feels the three conditions necessary for 47 granting a variance have not been answered. He sees no 48 hardship: it is not being done to correct extraordinary 49 circumstances, and the alleged difficulty or hardship is not 50 caused by City ordinances . 51 52 Franzese felt the City Council should be requested to review the ordinances for screening and questioned if this project would fit the definition of screening. 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 4 4 5 6 Madden felt that a fence is viewed as screening and vice 7 versa. He thought that most people usually thought of a fence 8 as a structure on a lot line. 9 10 Faust noted that a fence provides privacy. He would be more 11 concerned about this fence if it were to go all the way back 12 to the end of the property or if it were located on the 13 property line. He noted he can understand Mr. Shamp' s intent 14 because of the special and unique circumstances. 15 16 Examples of "circumstances" were requested by Madden but none 17 were given at this time . 18 19 Faust felt that the height of the deck closes up a potentially 20 unsightly area and does add to the area. He thinks it is a 21 first class project . 22 23 Murphy observed that the project does not give a sense of a 24 closed fence and that it was very open. It only goes to the 25 end of the deck and not out into the yard. 26 27 Franzese felt circumstances are special and this is a special • 28 design. Murphy felt it was unique as it does not hinder any 29 site lines nor does it block any passage. 30 31 Franzese felt the design which goes down to the ground is more 32 aesthetically pleasing. 33 34 Roll call : Madden, Faust , Franzese, Gondorchin, Murphy; 35 Werenicz - aye 36 37 Brownell - nay 38 39 Motion carried 40 41 Mr. Shamp was advised his attendance at the September 10th Council 42 Meeting is recommended but not required. This item will be 43 discussed early on the Council agenda. 44 45 RECESS: 8: 05 P.M. 46 47 RECONVENE: 8x12 P.M. 48 49 50 6.MISCELLANEOUS 51 52 A. Proposed Shopping Center Comprehensive Sign Plan 53 54 The City Manager advised that developers are interested 1 PLANNING COMMISSION (4 AUGUST 20 , 1991 PAGE 5 4 5 6 in purchasing the vacant shopping center on the corner of 39th 7 Avenue and Stinson Boulevard. They have expressed concern 8 about the success of this location with obvious visibility 9 problems . 10 11 Staff advised that this shopping center has been nearly vacant 12 for a very long time. The developers felt signage would solve 13 the problems. At the request of staff , the developers put 14 together a comprehensive sign package for this location. Staff 15 had also recommended that the developers put together a 16 package for the signage for all of the stores in the center. 17 It was felt by staff that the first signage priority was for 18 the pylon sign on the front of the property. The developers 19 agreed with this observation. 20 21 Burt stated that the signage being considered -for the location 22 nearest Stinson Boulevard would be similar to the sign located 23 at the Stop & Shop business . There is space for six businesses 24 to locate in the shopping center and Burt advised that signage 25 would be based on the front square footage of the center with 26 a maximum of one-hundred and fifty feet . 40 The reason for the developers being in attendance at this 29 Planning Commission meeting is their desire for input from 30 Commission members regarding signage. They feel signage is 31 critical to the success of the shopping center. The City 32 Manager said that the developers are also proposing widening 33 of the driveways presently on the site. They are only twenty- 34 five feet wide. A sprinkler system is also being considered to 35 maintain the grassy areas . 36 37 Franzese inquired if it is the intent to identify -the shopping 38 center as well as the tenants on the monument sign. The City 39 Manager responded that this is correct . He referred the 40 Commission members to the pylon sign presently located at 19th 41 Avenue and Johnson Street which is identical to the sign being 42 proposed. The City Manager advised the monument sign can be 43 controlled by the Comprehensive Sign Plan. 44 45 Faust noted that the only issue he felt was to be considered 46 was the gas station sign. This will need a variance. 47 48 Burt also inquired if the Planning Commission would want the 49 developers to submit each sign for approval or .would a 50 comprehensive sign package be preferred. 51 2 Madden requested information from the sign ordinance regarding the requirements for gas station signage. 4 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 6 4 5 6 The City Manager referred to the sign ordinance which stated 7 that one pylon sign is allowed which may be thirty feet in 8 height and minimum clearance from grade, a fifty square foot 9 surface and only one price sign is allowed not to exceed eight 10 square feet . 11 12 Madden observed that the proposed sign does not meet this 13 criteria. Burt stated that the Stop & Shop sign identifies the 14 store and not the brand of gas being sold at the business. He 15 also noted that there are no dimensions on the bottom of this 16 sign. 17 18 The City Manager addressed the placement of a proposed 19 pedestrian crossing in the area of this shopping center. It 20 will be located near 39th Avenue. Faust stated his concern 21 with the placement of this pedestrian crossing. Madden 22 inquired if feedback will be sought from the City Council 23 regarding the placement of the pedestrian crossing. The City 24 Manager advised that the matter will be coming to the Planning 25 Commission before it will be discussed by the City Council . 26 27 Werenicz noted .that the sign at the Stop & Shop measures eight • 28 by ten. He inquired if the proposed sign could be down sized. 29 One of the developers responded that he and his partner had 30 designed this sign and all of them would be this size. 31 32 Franzese noted that the sign at the St . Anthony Shopping 33 Center lists all of its tenants . She was concerned if the 34 proposed sign would be large enough to list all six tenants . 35 36 The City Manager referred to the sign ordinance which allows 37 one "price" sign for each curb cut . 38 39 Madden inquired if the Planning Commission was expected to 40 take a formal action on this issue. The City Manager stated 41 that this agenda item was for the purposes of discussion and 42 for the developers to get a "feel" for what should be 43 addressed or adjusted with their proposal to develop the 44 shopping center. 45 46 Gondorchin stated he finds the proposed signage acceptable. 47 Faust felt it was a good idea to develop a Comprehensive Sign 48 Plan. He indicated he found the sign proposal tonight 49 acceptable but that the five by five proposed sign is very 50 unrealistic. He suggested that this size should be increased 51 in the ordinance or all of the other sign sizes should be 52 reduced. He noted that a five by five sign is not very 53 effective. • 54 I PLANNING COMMISSION AUGUST 20 , 1991 PAGE 7 4 5 6 Franzese stated she has resided in the City for twenty years 7 and never knew there was a shopping center -in this location. 8 She frequents the Super America Station because of the 9 location of a cash machine at this site. She inquired if it is 10 the intent of the developers to have a cash machine installed 11 in the shopping center. They responded that this is the plan. 12 13 Brownell noted that it is very refreshing to have developers 14 come into City Hall and the Planning Commission before they 15 commence their project . He encouraged the developers to submit 16 a comprehensive sign plan. He felt a fifty foot pylon sign was 17 not realistic in this location. 18 19 Faust inquired how the size limitation on pylon signs can be 20 remedied. Brownell felt the Planning Commission should review 21 the sign ordinance. werenicz suggested that allowable square 22 footage on both sides of a sign should be considered. 23 24 The City Manager advised that the City Attorney has totally 25 rewrote the Zoning Code. The revised Zoning Code will be on 26 the agenda of the next Planning Commission for its review. The City Attorney will be starting the sign ordinance 29 recodification in the near future. Faust inquired what 30 criteria will be used by the City Attorney when relooking the 31 sign ordinance. 32 33 Burt -responded that the City Attorney will be looking at 34 putting some consistency in the allowable sizes of signs , 35 visibility, clarifying language and reviewing the sign sizes 36 allowable at service stations . He noted that some businesses 37 predictably use the maximum sizes allowed and the maximum 38 should be reviewed to be consistent with what already exists . 39 It was speculated that most of the signs which exceed the 40 maximum would probably be grandfathered in. 41 42 Referring to the proposed development of the shopping center, 43 Franzese stated her concern with the increase of traffic on 44 Stinson Boulevard and the potential problems which may occur 45 with a curb cut on Stinson Boulevard. The City Manager advised 46 that there will be a three-way stop on 39th Avenue and when 47 the signals are installed on 37th Avenue there will be better 48 traffic control . 49 50 Franzese inquired what businesses have indicated an interest 51 in locating in the shopping center. One of the developers responded there will be a convenience store and a gas station. He has contacted other businesses which have conveyed their interest in being in the shopping center. 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 8 4 5 6' Brownell inquired if all entrances to the businesses in the 7 shopping center will face on Stinson Boulevard. The developer 8 stated that all entrances will face west and there will be no 9 wrap-around sign problems . 10 11 B.Comprehensive Plan Revisions and Kenzie Terrace Corridor 12 Moratorium 13 14 The City Manager advised that copies of the Comprehensive Plan 15 had been sent to all members of the Planning Commission. To 16 date, four members of the Commission have responded with 17 comments and observations regarding the Comprehensive Plan . 18 19 Some members of the Planning Commission had .questions and 20 concerns about the proposed Citizens ' Committee. The City 21 Manager advised that the charge of the Citizens ' Committee is 22 to act in an advisory position to the Planning Commission and 23 to make comments . It ' s charge is not to make recommendations . 24 He noted that a planner has been hired as had been suggested 25 by the Planning Commission. It is hoped that the Citizens ' 26 Committee will be made up of residents from the entire 27 community, not just from the area where the moratorium is in • 28 place. 29 30 The City Manager advised he has received calls from residents 31 expressing an interest in serving on the Citizens ' Committee. 32 He noted that the Citizens ' Committee will review the Plan and 33 pass their observations and comments onto the City Manager who 34 in turn will pass this information on to the Planning 35 Commission. The Planning Commission considers this information 36 and passes it ' s recommendations onto the City Council . 37 38 Burt recalled the Ad Hoc Committee was formed rather quickly 39 in response to the Walgreen situation. He noted that some of 40 the residents who served on the Ad Hoc Committee are very 41 interested in serving on the Citizens' Committee and that not 42 all of these residents are from the immediate area of Kenzie 43 Terrace. 44 45 Madden noted that the Planning Commission reflects the City 46 geographically very well and it is a very broad based group. 47 The City Manager advised that the City Council has requested 48 more input for this process . It was observed that the Planning 49 Commission meetings do not attract very many residents and the 50 City Council wanted as many people as possible involved. 51 52 Gondorchin reflected on the response rate from a survey. Burt 53 noted that the input from a survey and the brainstorming • 54 session was what was utilized for the Autumn Woods project and 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 PAGE 9 4 5 the information gathered was very useful . 6 7 Faust felt that residents of different, parts of the City have 8 some different interests. There is a need to get an overall 9 picture. 10 11 The City Manager referred to the proposed speed limit for 12 Silver Lake Road. He noted that presently a vote is being 13 taken by secret ballot of lakeshore property owners. He felt 14 this is a good example of an idea being presented and it did 15 not reflect the position of the majority. 16 17 He was of the opinion that very good response on this issue 18 has been received and there have been some volunteers signing 19 up for the Road Task Force. Very good input and direction was 0 received from these people. 22 Franzese felt there is going to be a duplication of the 23 presentation, first to a Citizens ' Committee and then to the 24 Planning Commission. It was her position that the forum is 25 underused and that citizens should be encouraged to bring 26 their concerns and comments to the Planning Commission. 27 It was the City Manager ' s observation that people respond more when they are affected, such as in the case of the Walgreen' s 0 issue. 31 32 Traffic patterns and circulation was addressed as was the 33 actual physical and design planning. Also, the exits from the 34 Fire Station were considered. The City Manager felt that 35 property owners in the area know first-hand the needs of a 36 given project . 37 38 Gondorchin hoped that the plan is not only for beautification 39 but considers the issues of commerce as well . 40 41 The City Manager advised that he received a call from Roger 42 Bona, who owns a service station in the area, indicating his 43 interest in being involved in the matter. 44 45 Franzese felt that with all of the benefits to be gained from 46 a Citizens ' Committee that perhaps Apache Plaza should be 47 addressed as well . 48 49 The City Manager responded that starting on the south side of 50 the City and working the way up was the decision. 51 52 Gondorchin felt the area of 37th and Silver Lake Road was an unsightly area as well . 1 PLANNING COMMISSION 2 AUGUST 26 , 1991 3 PAGE 10 4 5 6 The City Manager advised that sidewalks are being considered 7 for this area in the future. 8 9 The City Manager requested members of the Planning Commission 10 to consider the purpose of a Citizens' Committee, how it will 111 be used, and how it ' s membership will be comprised. 12 13 Madden inquired if a planner will be hired. The City Manager 14 responded that a planner will be hired for this matter. He 15 noted that a plan may be created for which there will not be 16 enough funding. 17 18 Gondorchin inquired if anything has transpired on the medical 19 facility. The City Manager responded he will contact the 20 parties who had indicated an interest in this facility. 21 22 Dennis Cavanaugh, a resident of the community, had the 23 impression that there is tremendous resistance from the 24 Planning Commission regarding having a Citizens ' Committee. He 25 felt the public hearing process appears to be somewhat 26 "brittle. " He felt what is really being looked at is to get 27 the Shopping Center viable. • 28 29 Cavanaugh cited the area of St . Anthony Park as an area which 30 had an ambiance that could work with the St . Anthony Shopping 31 Center. He has spoken to a representative of Eberhardt 32 Development who indicated a willingness to speak with a 33 Citizens ' Committee. 34 35 Cavanaugh felt that the St . Anthony Shopping Center has been 36 marketed very poorly. He noted that the changes at the liquor 37 store made it more "user friendly. " It was his opinion that 38 not to have a Citizens ' Committee would be imprudent and that 39 members of this group should interact with the planner 40 particularly in the area of developing commercial interests. 41 42 Franzese stated that citizens groups are very valuable and 43 that members of the Planning Commission are really interested 44 and want to be part of the process. 45 46 Gondorchin stated he takes strong exception to Cavanaugh's 47 statement regarding the resistence of the Planning Commission 48 to a Citizens' Committee. Madden felt the group was hastily 49 formed in response to the Walgreen issue and was narrowly 50 based. 51 52 Cavanaugh noted that this is a Planning Commission issue and 53 that the Citizens ' Committee would act as an advisory group 54 without any authority. 1 PLANNING COMMISSION AUGUST 20 , 1991 41 PAGE 11 4 5 6- Faust stated his support of citizen involvement from all parts 7 of the community. Gondorchin hoped it is not the wish of 8 Cavanaugh to duplicate what presently exists in St . Anthony 9 Park as it may not be as successful in our community as it is 10 there. 11 12 Brownell stated his dislike for a committee which is against 13 something. He feels this kind of premise draws a very poor 14 cross section of the community. He is supportive of a survey 15 for input . 16 17 The City Manager inquired what the members of the Planning 18 Commission want him to present to the City Council . Gondorchin 19 is supportive of a survey and a Citizens ' Committee. 20 21 It was noted that a moratorium starts thirty days after it is 22 published. 23 24 Motion by Madden, second by Brownell that the Planning 25 Commission recommends to the City Council that a committee be 26 formed to study the Kenzie Terrace Corridor: that the committee consist of residents who are geographically representative of the City: that members be appointed by the City Council ; and that a survey be conducted. 30 31 The City Manager felt the survey should focus on the entire 32 community or everything south of 29th Avenue. 33 34 Madden and Murphy felt the survey should focus on the Kenzie 35 Terrace Corridor . Brownell agreed, noting that a general 36 purpose survey was not appropriate but a narrow focus in this 37 area would be more meaningful . 38 39 Gondorchin requested that the survey be reviewed by the 40 Planning Commission. 41 42 Franzese suggested that all residents be apprised of . the 43 meeting dates and times of the Citizens ' Committee. The City 44 Manager felt the - Cable Channel 16 and the Kiwanis bulletin 45 board could be utilized to get this information out to the 46 residents. 47 48 Motion carried unanimously 49 50 Faust inquired why the minutes of the June 4th Council meeting 51 were not in the Planning Commission packet . The City Manager 52 will follow up on this matter. 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 12 4 5 6 8. ADJOURNMENT 7 8 Motion by Brownell , second by Werenicz to adjourn the Planning 9 Commission meeting at 9:40 p.m. . 10 11 ' ' Motion carried unanimously 12 13 14 Respectfully submitted, , 15 16 17 Jo-Anne Student , Planning Commission Secretary 18 19 20 21 22 'n thou . m ilia a AppROVAL : DATE : September 12, 1991 TO : Planning commission Members FROM : David Urbia, Management Assistant =TEM : G Preussner, 2917-31st Avenue N.E. Setback Request The applicant, Garret Preussner, is requesting a variance of 13 feet 3 inches to allow for a front yard setback of 40-feet (ordinance requires a minimum of 30-feet or equal to the average of the adjacent property) for the construction of an addition to the existing single family dwelling at 2917 31st Avenue Northeast. The 40 yard setback for the existing structure is allowed as it has been "grandfathered." However, the proposed addition is subject to the provisions of the ordinance, which would require a 53 foot 3 inch front yard setback (as adjoining property is the average of 50' and 56.5') or a variance request. City staff asked the applicant if the addition could be placed on the back of the existing structure. The applicant stated that: (1) this would be difficult, if not impossible, to construct, and (2) the surrounding neighbors' lots are built up and drain into his backyard, hence an addition in the backyard could interfere with drainage. Public comment on this matter has been received. Concern about the completion of the exterior siding was given. Another concern (due to misunderstanding) was that the addition would be on the front of the house. This person would oppose the variance request if the addition were to be on the front, which it is not, therefore they support the variance request. Mr. Preussner stated that he spoke with his two adjacent neighbors, and they did not object to his proposed addition. City staff recommends the granting of the variance, under the condition that the entire siding and exterior remodeling be completed when the addition is completed. Date: � �S q� Fee (R-1 . . . . . . . . . . . . . . . . T60.00 .11- • other. . . . . . . . . . . g10G.00 ) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant:—(-'iqt�llE T f gEU5�s&'E/2 Phone• 7�� -JS13 Address: �`�l � %� ('c Z,!c ��. . "•�'�H � j� _ `�.1�' Status of applicant (owner, buyer, renter, agent, etc. ) : Street address and/or legal description of property petitioned for variance: 5fiii�= r5 r?r=u c E - 5el."VE fiIE11Lc 7- Zoning Zoning district in which property is located: Request: SES <�i 7r1Cff E� Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. Minnesota Statutes and City Ordinances require that the following • conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions ' of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. _ 3) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Signature of applicant 08 -15- 91 A * 60 . 000K %NC:. .. SffE(� - ��STE ------- -- PGs��_�cy._ wA oz,'-- h`- --- ------ --- -- _ • CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning.Commission of the City of St. Anthony on Tuesday, September 17, 1991 at 7:35 P.M.. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building). The Planning Commission will meet to: Consideration of a request from Garret Preussner for a variance of 13 feet 3 inches to allow for a front yard setback of 40 feet (ordinance.requires a minimum of 30 feet or equal to the average of the adjacent property) for the construction of an addition to the eadsting single family dwelling at 2917 31st Avenue Northeast. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Thomas D. Burt • City Manager Publish: St. Anthony Bulletin September 5, 1991 • Martin Juricko, Jr. Wilford Johnson Charles Snider 2905 Town1ew 2909 Townview 2913 Toa,niew St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 • Bruce Anderson Dee Swanson Earl Dahl 2917 Townview 2921 Townview 2920 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Mudek David Halstensgard Chester Grygar 2916 To\%mview 2912 Townview 2908 Townview St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Walter Dupla John Armbruster Michael Therres 2904 Towmview 2900 Townview 2812 Townview St. Anthony, MN 55418 St. Anthony, NIN 55418 St. Anthony, '.%1N 55418 Kenneth Mattson John Hatcher Eric Dietz 3100 Silver Lake Road 3104 Silver Lake Road 3108 Silver Lake Road St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Weil Nelson Don Fulcher Paul Holmer 3112 Silver Lake Road 5206 Pierce Street N.E. 3030 Silver Lake Road St. Anthony, MN 55418 Fridley, MN 55421 St. Anthony, ;\4N 55418 Re: 3112 Silver Lake Road Larry Johnson Gregory Fondell Bryan Floren 2901 - 31st Avenue N.E. 2905 - 31st Avenue N.E. 2911 - 31st Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, DEIN 55418 R. Rossa Aida Koehler Joel Piene 2915 - 31st Avenue N.E. 2919 - 31st Avenue N.E. 2921 - 31st Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Paul Eddy Ronald Dean Anthony Dady 2916 - 31st Avenue N.E. 2912 - 31st Avenue N.E. 2900 - 31st Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 AgaEugene Jankowski Walter Gromek Steven Gulczinski 812 - 31st Avenue N.E. 2804 - 31st Avenue N.E. 2800 - 31st Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 A & R Kraus James & Janet Watts P.O. 4037 12809 Lincoln St. N.E. 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To To KW r : a 1 I .. --- - - - -_.___ -- - -' - -- - -..__... - - ---- - - -- .- --- - - -- - - --- - -- -- ---- - -- - - --- -- - -�- I 1 .o SIN . p ' P ' 'J. -t —77 — C// - - - - - — - - -- SFa W ffF T N. e�c, � /Wh�c P� �r S 1•k� : . � , ' ; : . . , •� r � ; � W4——. L over 1 CITY OF ST . ANTHONY COUNCIL MEETING MINUTES OF 4 5 AUGUST 13 , 1991 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The Council meeting was called to order at 7 : 30 p.m. by Mayor 11 Ranallo who led the Pledge of Allegiance. 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo, Councilmembers Marks , En�rooth, 16 and Wagner . 17 18 Council Absent : Fleming. 19 20 Staff Present : City Manager Burt and Management Assistant 21 Urbia 22 23 3. APPROVAL OF AUGUST 13 , 1991 COUNCIL AGENDA 24 25 Motion by Marks , second by Wagner to approve the agenda for 26 the August 13 , 1991 Council meeting with the. addition of the Wrestling Matches to be held on August 25th at 2 : 00 p.m. sponsored by Rosie ' s Restaurant . 29 30 Motion carried unanimously 31 32 33 4 . APPROVAL OF JULY 30 , 1991 COUNCIL MINUTES 34 35 Motion by Marks , second by Wagner to approve the minutes of 36 the July 30 , 1991 Council meeting with the following 37 corrections : 38 39 Page 3 , line 29 : Marks voted "nay" Delete "Wagner" 40 Page 6 , lines 21/22 : Delete "welcoming banner which was placed 41 across Silver Lake Road" and replace with "the signature 42 support banner which had 450 signatures that were collected at 43 Apache Shopping Center" 44 Page 10 , line 23 : Delete "Street" and replace with "Traffic" 45 46 Motion carried unanimously 47 48 49 SPIELMANN PRESENTATION 50 51 Mayor Ranallo presented a framed certificate of recognition to Joe Spielmann for his earning first prize in an essay contest sponsored by the Minnesota Board of Aging. Joe wrote an essay 4 about his grandfather , Virgil Arsenault . Mr . Arsenault was in 1 REGULAR COUNCIL MEETING 2 AUGUST 13 , 1991 3 PAGE 2 4 5 6 attendance at the Council Meeting and was introduced by Joe. 7 Mayor Ranallo read the certificate and congratulated Joe. 8 9 10 5 . LICENSES/PERMITS/PETITIONS 11 12 Contractors Licenses 13 14 Motion by Marks , second by Enrooth to approve the contractors 15 license for Suzes Home Restoration , Inc. of Columbia Heights , 16 Mn . 17 18 Motion carried unanimously 19 20 Motion by Marks , second by Enrooth to approve the contractors 21 license for Phoenix Construction of the Northwest , Inc . of 22 Brooklyn Park , Mn. 23 24 Motion carried unanimously 25 26 27 Motion by Marks , second by Enrooth to approve the contractors 28 license for Hoppe Remodelling of Moundsview, Mn . 29 30 Motion carried unanimously 31 32 33 Motion by Marks , second by Enrooth to approve the contractors 34 license for Kunz Construction Company of North St . Paul , Mn. 35 36 Motion carried unanimously 37 38 39 3 . 2 Beer Temporary Permits 40 41 Motion by Wagner, second by Enrooth to approve the 3 . 2 beer 42 temporary permit for Robert Davies, 3001 29th Avenue N.E. for 43 a picnic of the Village Originals on September 8th in Central 44 Park from 12 : 00 noon until 6 : 00 p.m. 45 46 Roll call : Enrooth, Wagner, Ranallo - aye Marks - nay 47 48 ' Motion carried 49 50 51 Motion by Wagner , second by Enrooth to approve the 3 . 2 beer 52 temporary permit for Douglas Parker , 2800 W. Armour Terrace, • 53 for the Nationwide Papers company picnic on August 22nd at 54 Central Park from 5: OO p.m. until 9: 00 p.m. I REGULAR COUNCIL MEETING AUGUST 13 , 1991 0 PAGE 3 4 5 Roll call : Enrooth, Wagner , Ranallo - aye Marks - nay 6 7 Motion carried 8 9 10 6 . PRESENTATION OF CLAIMS 11 12 A. Braun Intertec 13 Motion by Marks , second by Ranallo to approve payment in 14 the amount of $7 , 152 . 00 to Braun Intertec for services 15 rendered regarding the Pavement Management Study., 16 17 Motion carried unanimously 18 19 20 B. Barr Engineering Company 21 Motion by Marks , second by Ranallo to approve payment in 22 the amount of $1 , 659 . 70 to Barr Engineering Company for 23 professional services rendered from June 2 , 1991 through 24 June 29 , 1991 regarding subwatershed analysis , 25 development of model imput files and review of 26 topographic mapping information . The City Manager advised that there has been a slow down 29 at the firm because of vacations and a plan will be 30 brought to the Council by October . 31 32 Motion carried unanimously 33 34 35 C . Hance & LeVahn 36 Motion by Wagner, second by Enrooth to approve payment in 37 the amount of $2 , 400 . 00 to Hance & LeVahn law firm for 38 professional services rendered relative to St . Anthony 39 prosecutions for the month of August , 1991 . 40 41 Motion carried unanimously 42 43 44 D. Verified Claims 45 Motion by Marks , second by Wagner to approve the six 46 pages of verified claims included in the Council agenda 47 packet . 48 49 Motion carried unaimously 50 51 7 . REPORTS A. Council Reports r; 1 REGULAR COUNCIL MEETING 2 AUGUST 13 , 1991 3 PAGE 4 4 5 6 Report of Councilmembe Waaner 7 Councilmember Wagner had nothing to report at this time. 8 9 10 Report of Councilmember Enrooth 11 Councilmember Enrooth reported that the Hennepin County 12 Groundwater Committee is drafting a policy for 13 groundwater quality control . This report will be 14 distributed to all communities in Hennepin County upon 15 its completion. He noted that some water quality control 16 done by the City of Eagan will be a consideration*. 17 18 19 The Clean Water Partnership Grant Program will be viewed 20 as a source for funding for this policy and its 21 implementation . 22 23 Councilmember Enrooth noted that the Village Fest 24 Committee had its wrap-up meeting. He felt this year ' s 25 event was the best in its history and there was very good 26 participation . He noted that although there are still 27 some bills outstanding that it appeared that the event • 28 would break even . 29 30 Report of Mayor Ranallo 31 Mayor Ranallo agreed that the Village Fest was very 32 successful and observed that there were many children in 33 attendance . He commented on the high level of activity of 34 the pony rides . 35 36 The Mayor will be holding a Post Village Fest Party at 37 his home on September 6th. He requested the City Manager 38 to post this event as all of the members of the Council 39 have been invited. 40 41 The Mayor advised that the dates for the Village Fest 42 next year are July 24 - 25, and may include the 26th if 43 Committee decides to hold a parade . He noted these dates 44 are the same as the dates when the City will be hosting 45 the 1992 Unicycle National Championships . 46 47 Mayor Ranallo informed the Council that Councilmember 48 Enrooth has been appointed to serve on the Hennepin 49 County Recycling Task Force. The charge of the Task Force 50 is to advise the Hennepin County Commissioners on policy 51 relative to recycling issues . The current tipping fee was 52. discussed . 53 • 54 I REGULAR COUNCIL MEETING AUGUST 13 , 1991 3 PAGE 5 4 Report of Councilmember Marks 5 Councilmember Marks commented on the "water quality" of 6 the Dunk Tank at the Village Fest . He had volunteered to 7 be a " target" in the Tank. 8 9 The St . Anthony Civic Orchestra will be leaving on August 10 14th for Salo, Finland, St . Anthony' s Sister City. 11 Councilmember Marks and his wife will be travelling with 12 the Orchestra to Salo and then will be .continuing on to 13 Moscow and .other areas . Before the Council Meeting was 14 convened, Mrs . Marks brought an engraved silver bowl and 15 a scrapbook of St . Anthony photos for the Coungil to 16 view. These items will be presented to the Orchestra' s 17 hosts in Salo. 18 19 20 Councilmember Marks felt Councilmember Wagner and his 21 wife , Audrey, should be thanked for their hospitality 22 shown to the women from Wisconsin who volunteered to stay 23 with the Special Olympic athletes from St . .Vincent for 24 all of the ten days they were participating. Members of 25 the Council agreed that these volunteers should be 26 recognized. 0 Columbus Day Celebration 29 Mayor Ranallo reported on a meeting held at Apache Plaza 30 by parties interested in having a celebration for the 31 500th Anniversary of Columbus Day. He noted that members 32 of the Apache Merchants Association had expressed 33 interest in participating as had Barb Olsonoski , Manager 34 of Apache Plaza. 35 36 There will be events for the whole month of October. On 37 October '6th thirty portraits of Columbus memorabilia and 38 documents will be on display at the Shopping Center . On 39 Sunday, October 27th .from Noon to 5: 00 p.m there will be 40 "The World ' s Largest Spaghetti Feed. " This will be hosted 41 by an Italian group and the Knights of Columbus . The 42 Mayor noted that the liquor store will supply the wine 43 for this meal . 44 45 B. City Manaaer ' s Report 46 47 The City Manager advised that the City' s liquor 48 advertisement will appear on Channel 23 . It is scheduled 49 to run around 10 : 05 p.m. but the City Manager noted that 50 is seldom the time certain . 51 Rosie' s Restaurant contacted the City Manager regarding 40 a wrestling match it is sponsoring on August 25th. He 54 noted that permission was not needed for this event . He 1 REGULAR COUNCIL MEETING 2 AUGUST 13 , 1991 3 PAGE 6 4 5 6 stated his concerns to the sponsors regarding parking and 7 restroom facilities . The City Manager noted that a 8 rainout date has been selected. It is August 26th and the 9 event will be held at the St . Anthony Shopping Center . 10 11 12 8 . PUBLIC HEARINGS 13 14 There were no public hearings . 15 16 9 . NEW BUSINESS 17 18 A. Resolution No. 91-035 ; Re : Participation in a storm water 19 program with the City of Minneapolis 20 21 22 The City Manager advised that the EPA has put in some 23 very strict guidelines for storm water handling for 24 cities over 100 , 000 population . He noted that one percent 25 of St . Anthony ' s storm water is located in Districts #6 26 and V . If corrections are needed it could cost the City 27 about $5 , 000 . There are no costs for a permit only if any 28 corrections are needed. 29 30 It was the consensus of the Council that the City take no 31 action in light of the fact that most of the City' s water 32 drains into the Rice Creek Watershed District . The City 33 Manager observed that if there are any contaminants in 34 the City they would most likely have come from an 35 industrial area. Industries are responsible for their-own 36 clean up of contaminants . 37 38 No council action was taken on the resolution. 39 40 41 B. Resolution No. 91-036 ; Re: Paper Procurement Policy 42 Hennepin County requires municipalities to adopt 43 procedures the same or similar to its policy for paper 44 procurement in order to remain eligible for funding under 45 the Hennepin County Funding Assistance Policy for 46 Recycling. 47 48 Urbia explained the procurement policy and advised that 49 recyclable paper costs a little more. 50 51 Motion by Marks , second by Wagner to approve the adoption 52 of Resolution No . 91-036 which approves a paper • 53 procurement policy for the City of St . Anthony. 54 1 REGULAR COUNCIL MEETING AUGUST 13 , 1991 PAGE 7 4 5 6 Motion carried unanimously 7 8 C. Resolution No. 91-037 ; Re: Early retirement incentive for 9 City employees 10 The City Manager advised that PERA is supporting this 11 incentive program to encourage retirement of high 12 salaried employees . He noted that there are four 13 employees on the St . Anthony staff who qualify and two 14 have indicated their intention to retire. This retirement 15 incentive is being offered for one year. 16 17 Motion by Marks , second by Enrooth to adopt Resolution 18 No . 91-037 being a resolution of non-precedence for early 19 retirement incentive for City of St . Anthony employees . 20 21 Motion carried unanimously 22 23 24 25 26 D. Resolution No.. 91-038 ; Re : Opposing "Police Bill of Rights" legislation Mayor Ranallo observed that this legislation would 29 curtail any meaningful police supervision . The City 30 Manager noted that it would also create bureaucratic 31 paperwork . He said there was no discussion regarding this 32 legislation when it was passed by the Senate and it 33 presently is in the House of Representatives . 34 35 It was felt that perhaps this legislation was a reaction 36 to the situation in Los Angeles or really an 37 "overreaction . " 38 ,' 3'9 Motion by Enrooth, second by Wagner to adopt Resolution -4'0 L No. 91-038 , a resolution opposing "Police Bill of Rights" 41 legislation . 42 43 Motion carried unanimously 44 45 10 . UNFINISHED BUSINESS 46 47 A. Ordinance No . 1991-006 ; Re: Construction Moratorium 48 (Third reading) 49 The City Manager has received calls from three members of 50 the Planning Commission. They all stated that the 51 Citizens ' Committee should include residents from all areas of the community, not just those from the area addressed in the Moratorium. 4 1 REGULAR COUNCIL MEETING 2 AUGUST 13 , 1991 3 PAGE 8 4 5 6 Motion by Marks , second by Enrooth to adopt Ordinance No. 7 1991-006 being an ordinance relating to a moratorium on 8 issuance of permits for construction of new buildings and 9 certain alterations in a defined area north of Kenzie 10 Terrace and south of St . Anthony Boulevard; amending the 11 1973 Code of Ordinances by adding a new Section 360 . 12 13 Motion carried unanimously 14 15 16 Mayor Ranallo requested Councilmember Marks to tha"nk his 17 wife, Florence for putting together the scrapbook for 18 presentation to representatives of the City of Salo, 19 Finland. 20 21 11 . ADJOURNMENT 22 23 Motion by Ranallo, second by Marks to adjourn the meeting at 24 8 : 10 p .m. 25 26 Motion carried unanimously 27 •28 29 30 31 Respectfully submitted, 32 33 34 Jo-Anne Student , Council Secretary 35 36 37 Mayor Clarence Ranallo 38 39 ATTEST: 40 City Clerk 41 42 43 • 1 CITY OF ST. ANTHONY MINUTES OF REGULAR COUNCIL MEETING 3 OF AUGUST 27 , 1991 4 5 I . CALL TO ORDER/PLEDGE OF ALLEGIANCE 6 7 The Council meeting was called to order at 7 : 30 p.m. and Mayor 8 Ranallo led the Pledge of Allegiance. 9 10 2 . ROLL CALL: 11 12 Council Present : Mayor Ranallo, Councilmembers Enrooth, 13 Fleming, and Wagner. 14 15 Staff Present : City Manager Burt and Management Assistant 16 Urbia. 17 18 Council Absent : Councilmember Marks 19 20 3 . APPROVAL OF AUGUST 27 , 1991 COUNCIL AGENDA 21 22 Motion by Wagner, second by Enrooth to approve the Council Agenda for the August 27 , 1991 Council Meeting with the following additions : 25 26 Request for permission to conduct White Cane Day by the Lions 27 Club; 28 Request for licenses for game machines at the Fun Center; and 29 Letter from the Metropolitan Transit Commission 30 31 Motion carried unanimously 32 33 4 . APPROVAL OF AUGUST 13 , 1991 COUNCIL MEETING MINUTES 34 35 Motion by Fleming, second by Wagner to approve the minutes of 36 the August 13, 1991 Council Meeting with the following 37 corrections: 38 39 page 4 , line 25: between the words "its" and "history" insert 40 the word "current" 41 page 6 , line 24 : Delete "St -Anthony' s" and replace with 42 "Minneapolis" 43 page 6, line 26 : at end of sentence add "of St . Anthony" 44 45 Motion carried unanimously 46 47 00' r I REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 • 3 PAGE 2 4 5 6 5. LICENSES/PERMITS/PETITIONS 7 8 Contractors Licenses 9 10 Motion by Enrooth, second by Ranallo to approve the it contractor ' s license for Donnelly Stucco Company of 12 Minneapolis, Mn. 13 14 Motion carried unanimously 15 16 17 Motion by Enrooth, second by Ranallo to approve the 18 contractor ' s license for Midwest Window Company of 19 Minneapolis , Mn. 20 21 Motion carried unanimously 22 23 24 Motion by Enrooth, second by Ranallo to approve the 25 contractor ' s license for North Country Irrigation of Andover, 26 Mn. 27 •28 Motion carried unanimously 29 30 31 Motion by Enrooth, second by Ranallo to approve the 32 contractor ' s license for Custom Remodelers , Inc. of Spring 33 Lake Park, Mn. 34 35 - Motion carried unanimously 36 37 38 39 Heatina License 40 41 Motion by Enrooth, second by Ranallo to approve the heating 42 license for "Thermex Corporation of Minneapolis , Mn. 43 .44 Motion carried unanimously 45 46 47 3 . 2 Beer Temt)orary Permit 48 49 Motion by Enrooth, second by Ranallo to approve the 3. 2 Beer 50 temporary permit to Dennis Fagerlee, 3.407 Croft Drive, for a 51 company picnic on September ll , 1991 in Central - Park . 52 53 Motion carried unanimously • 54 1 REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 3 4 5 6 Video Machine Licenses 7 8 Dave Logan, the new owner of the Fun Center which is. located 9 at St . Anthony Shopping Center, introduced himself . He stated 10 he is intending to set the Fun Center in a new direction and 11 explained some of his strategies for accomplishing this . 12 13 Mr. Logan knew the history of the Fun Center, which included 14 active drug using by its patrons and a reputation which was 15 not very desirable. He had observed that the physical 16 appearance of the facility was unkempt and he is presently 17 making considerable efforts to improve its reputation as well 18 as its appearance . 19 20 It is the position of Mr. Logan that if he makes the Fun 21 Center a comfortable and welcoming place and adhers .to strict 22 behavior guidelines he will attract a desirable clientele and 23 his business will succeed. 24 25 Burt noted that Mr. Logan had indicted he may choose to have 26 for sale non-alcoholic beer. Burt was concerned about this 7 matter and contacted the State regarding this matter. He was reassured that this beverage is considered "pop" and was 9 allowable in establishments which served minors . 30 31 Mr . Logan stated he will be selling this beverage from a 32 cooler behind a counter. He is also considering food vending 33 machines in the future. 34 35 Mr . Logan had one concern regarding the requirements for rest 36 rooms . He noted that presently there are two and he wondered 37 if two were required, as one is very large and takes up 38 considerable space . He was directed to contact the City ' s 39 Public Works Director and it was noted that any modifications 40 he may make to the building will require building permits . 41 42 The City Manager advised that the machines be licensed to the 43 owner of the business . 44 45 Motion by Enrooth, second by Fleming to approve nine video 46 machine permits to David Logan. 47 48 Motion carried unanimously 49 50 Lion' s Club White Cane Day 51 52 0 1 REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 , 3 PAGE 4 4 5 6 Ken Girard, representing the St . Anthony Lion' s Club, is requesting 7 permission for the Club to hold a White Cane Day fundraiser on 8 September 14 , 1991 . 9 10 This is the second year this- function will be operated in St . 11 Anthony. Proceeds .go to the _Lions Eye Bank and the Children' s Eye 12 Program at the University of Minnesota Hospitals. 13 14 Last year the Club raised $800.00 in four hours . There are 15 presently eighteen members in the Lions Club and Mr. Girard noted 16 there is hope that the membership will increase. Mayor Ranallo 17 stated that the Club has raised an enormous amount of money in the 18 twenty-five years of its existence. Mr. Girard noted that the Club 19 has purchased the scoreboard at the High School , the timekeeping 20 board for the indoor swimming pool and donated $3, 000 to Trillium 21 Park. 22 23 Last year , Mr . Girard attended a Council Meeting where .Kay Andrews 24 was present . Ms . Andrews is the Executive Director of the Northwest 25 Youth Services Bureau and is visually impaired. Mr. Girard referred 26 her to the Lions Club Pull Tab Committee for funds for the Bureau. 27 He noted she was successful in her request . Ms . Andrews uses a • 28 "leader dog" and Mr. Girard informed the Council of the numerous 29 activities of the Lions Club in the "Leader Dog Program. " 30 31 Motion by Wagner, second by Fleming to designate September 11 , 1991 32 as "White Cane Day in St . Anthony" . 33 34 Motion carried unanimously 35 36 37 6. PRESENTATION OF CLAIMS 38 39 A. Maier Stewart & Associates 40 Motion by Wagner, second by Enrooth to approve payment in 41 the amount of $971 . 61 to Maier Stewart & Associates for 42 engineering services rendered from June 30, 1991 through 43 July 27 , 1991 for the Chandler Drive Concrete Pavement 44 Rehab. 45 46 Motion carried unanimously 47 48 B. Dorsey & Whitney 49 Motion by Enrooth, second by Ranallo to approve payment 50 in the amount of $110 . 00 to Dorsey & Whitney for legal 51 services rendered through June 30, 1991 for the Foss Road 52 Life Station (NewMech Companies ) • 53 54 1 REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 5 4 5 .6 Motion carried unanimously 7 8 ' 9 C. Dorsey & Whitney 10 Motion by Enrooth, second by Ranallo to approve payment 11 in the amount of $765. 00 to Dorsey & Whitney for legal 12 services rendered through June 30, 1991 for the 13 Walgreen' s rezoning matter. 14 15 Motion carried unanimously - 16 17 18 D. Dorsey & Whitney 19 Motion by Enrooth, second by Ranallo . to approve payment 20 in the amount of $1 , 118 . 65 to Dorsey & Whitney for legal 21 services rendered through June 30 , 1991 for various 22 matters . 23 24 Motion carried unanimously 25 26 7 E. Canada Goose Program Motion by Fleming, second by Wagner to approve payment in 9 the amount of $334 . 00 to the Canada Goose Program for the 30 capture and relocation program conducted by Dr. James 31 Cooper , Associate Professor and wildlife specialist . 32 33 Motion carried unanimously 34 35 36 F. Verified Claims 37 Motion by Wagner, second by Enrooth to approve the one 38 page of verified claims as presented by the Finance 39 Director. 40 41 Motion carried unanimously 42 43 44 Ken Girard, who was attending the Council meeting representing the 45 St . Anthony Lions Club, commented on the unsightly appearance of 46 the property located on the north side of 37th Avenue. This 47 property is located between the Standard 011 Service Station and 48 the American Monarch building. He stated he has been complaining 49 about this property for three years and has seen no improvement . 50 51 The City Manager noted that this property is owned by American 52 Monarch . This company has recently filed for bankruptcy. He noted that the City will have to -formally request this company to clean up the area. If they do not comply, then the City can do the clean 1 REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 3 PAGE 6 4 5 6 up and bill the company. 7 8 Representative Mary Jo McGuire, who represents St . Anthony, was in 9 attendance at the Council meeting to give an update of legislative 10 decisions made at the recent Legislative Session which affect or 11 impact the City. 12 13 Before she addressed legislative issues, she requested additional 14 information regarding the Goose Removal Program. The Mayor read the 15 letter received from Dr. Cooper stating the specifics of the 16 Program in conjunction with Silver Lake. Representative McGuire 17 noted she will also follow through on Mr. Logan' s inquiry about 18 requirements for bathroom facilities in a business . 19 20 Representative McGuire attended a portion of the City ' s Village 21 Fest and enjoyed the afternoon. She was accompanied by the City' s 22 DARE Officer . She will be attending the upcoming DARE graduation. 23 24 Representative McGuire stated she is focusing on suburban oriented 25 issues during the interim session . The shortfall in the taxes is 26 being focused on presently specifically in the area of the optional 27 sales tax rather than property taxes . She noted that this sales tax • 28 was hardly "optional " but almost a mandate for counties . 29 30 A Local Government Trust Fund has been established and it ' s funding 31 level cannot be touched by the Legislature to be used for other 32 purposes than funding municipalities on a "need" basis . Some 33 legislators are attempting to make this Trust Fund a constitutional 34 amendment to protect its being continued. 35 36 A cost savings was realized by the State by the elimination of some 37 state agencies . The Metropolitan Council and the Mosquito Control 38 Agency are also being looked at for possible savings of funds . 39 A Study Commission serving Ramsey County has been meeting weekly 40 with the purpose of coordinating municipal services to realize 41 savngs . 42 43 Representative McGuire advised that a major health care access bill 44 was passed but vetoed by the Governor. A redistricting bill was 45 passed and also vetoed by the Governor. This bill is presently in 46 the courts. 47 4.8 Other issues being addressed during the mini session will. be 49 gambling regulations overhaul ; increase of penalties for drug 50 related crimes ; violent crime sentencing; sex offender treatment 51 programs and the Juvenile Justice System. Emphasis will be put on 52 prevention of juvenile crimes by providing resources which address • 53 juvenile anger and stress . The merger of institutions of higher 54 education was passed but the funding was vetoed. 1 REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 7 4 5 6 Representative McGuire commented on the Vehicle Inspection Program. 7 Councilmember Enrooth suggested that trucks should also be made to 8 be inspected as they appear to be high polluters. She felt buses 9 should also come under this inspection program. 10 li The Mayor stated that the Youth Services Bureau supply a great deal 12 of resources to the communities which it serves. It continually 13 needs funding from these communities, yet the Governor is telling 14 cities to not get involved but rather commit their resources to 15 necessary municipal services such as police, fire, etc. . The mayor 16 also noted his opposition to combining police and fire services 17 with other municipalities. He feels this would eliminate the 18 effectiveness and quick response time presently available to 19 residents . Representative McGuire agreed that "bigger" is not 20 necessarily "better. " 21 22 Burt advised that the mayors and city managers of five neighboring 23 cities have been meeting regularly to address common problems and 24 possible areas where cooperative efforts would be advantageous. He 25 felt cities do a very poor job of "blowing their own horn" 26 regarding the positive results of cooperative efforts . He noted 27 that approximately fifty percent of all city activities are on a 09 cooperative basis . 30 The City Manager expressed his concern that the Legislature may 31 feel compelled to do something in forcing cooperative agreements 32 between municipalities . He noted that city managers have taken an 33 active role that something is being done and this should not be 34 mandated. 35 36 Representative McGuire advised that there will be a mini session in 37 October and inquired if members of the Council or staff had any 38 issues which they wanted addressed at this session or to have a 39 public hearing on any topic. 40 41 Two issues of. interest were the School District and the mater 42 Treatment Plant . Noting that there has been a thirty percent 43 increase in charges , Councilmember Enrooth felt the Metropolitan 44 waste Control Commission should be discussed. Mayor Ranallo felt 45 the Metropolitan Council should clearly be an issue discussed. 46 Councilmember Wagner suggested cooperation of services of 47 municipalities should be an issue of discussion. Councilmember 48 Fleming . suggested that the topic of charitable gambling not be 49 discussed. She feels that the profits from charitable gambling are 50 being prudently used and projects are being funded that were not 51 possible nor affordable in the past . Frustating the public should 52 be avoided. 64 a � I REGULAR COUNCIL MEETING • 2 AUGUST 27 , 1991 3 PAGE 8 4 5. 6 7 . REPORTS 7 8 A. Council Reports 9 10 Report of Councilmember Waaner 11 Councilmember Wagner referred to the study of the delivery of 12 services by local governments which was received.by members of 13 the City Council . He felt this study was well documented and 14 a good beginning. 15 16 Report of Councilmember Fleming 17 Councilmember Fleming explained the reason for her absence 18 from the last Council meeting. Her new grandson, David 19 Michael , was born about the time the meeting was being 20 convened. 21 22 Report of Councilmember Enrooth 23 Councilmember Enrooth advised there was a meeting of the 24 Association of Metropolitan Municipalities Metro Governance 25 committee on Wednesday, August 14th which he attended. 26 27 Councilmember Enrooth noted that the City' s Clean-Up Day is • 28 scheduled for Saturday, September 14th. There will be some 29 booths at the Recycling Center and he invited any interested 30 members of the Council to drop by. 31 32 Report of Mayor Ranallo 33 The League of Minnesota Cities Federal Legislation Committee, 34 chaired by Mayor Ranallo, held its second meeting. The main 35 issue for discussion was the "Police Discipline" matter. It 36 was noted that the federal version of this bill is much 37 stronger than that of the State. 38 39 The Mayor attended the recent meeting of the group which will 40 be hosting a Columbus Celebration at Apache Plaza. He stated 41 that the Merchants Association is very enthused about this 42 month long celebration. 43 44 The Mayor met with the St . Anthony Merchants Association whose 45 members stated their positive feelings about the new owner of 46 the Fun Center, Dave Logan. Some positive effects of this new 47 ownership have been observed at the Shopping Center. 48 49 B. Report of the City Manager 50 51 The City Manager advised that Judy Monson of the 52 Administrative staff will be out of the office for • 53 approximately one month. A resident of the City has been hired 54 to replace her for the period of time she is out . y I REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 9 4 5 6 1 . 1991 Audit/Auditor 7 In 1989 procuring the services of a new auditor was not 8 recommended in that the City Manager had just been hired. 9 In 1990 selecting a new auditor was not recommended as 10 the Finance Director has just been hired. Staff is not 11 recommending changing auditors for the 1991 audit as the - 12 computer system is presently being changed over to a new 13 system. 14 15 The City Manager recognized the need to solicit the 16 services of an auditor on a regular basis, but felt these 17 last three years had some prohibitions which would not 18 have made a change practical . Councilmember Enrooth 19 expressed his concern with continuing with the same 20 auditor for three years . The City Manager advised that 21 this will be a bid process next year. He noted that with 22 the new computer service there has been a $350 savings 23 realized each payroll period. 24 25 No Council action was necessary on this matter. 26 7 Letter From the Metropolitan Transit Commission 9 Mayor Ranallo read a letter received from the Metropolitan 30 Transit Commission which was in response to the concerns 31 expressed regarding service and number of routes in St . 32 Anthony. 33 34 Staff of the MTC is requesting the Council designate an 35 elected official or a member of the City staff to assist them 36 in defining the problems with service and routing. 37 38 The City Manager noted that presently Dave Urbia has been 39 working with the MTC and he recommended that Dave continue. 40 41 It was noted that the City is installing the concrete pads for 42 the bus shelters and the MTC would be supplying the shelters . 43 Presently, there are shelters at numerous locations in the 44 City and the location of 33rd Avenue and Silver Lake Road is 45 being proposed. 46 \ 47 8. PUBLIC HEARINGS 48 49 There were no public hearings . 50 51 9. NEW BUSINESS 52 A. Resolution No. 91-039: Re: 1992 Proposed Tax Levy, QP4 Budget , and Public Hearing Dates 1 REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 • 3 PAGE 10 4 5 6 The dates for the Public Hearing being proposed are 7 Tuesday, November 26, 1991 at 7: 30 p.m. and if necessary 8 be reconvened to Wednesday, December 4, 1991 at 7: 30 p.m. 9 If the reconvened date is not used for the budget 10 discussion it would be a Council Work Session. Mayor 11 Ranallo suggested that the Public Hearing be held in a 12 larger room, possibly the 'Cafeteria. 13 14 The City Manager advised that the three percent 15 adjustment to the base was not made. The City is losing 16 approximately $75,000 .00 of its Local Government Aid. 17 This is the same figure that the levy would be increased. 18 The City Council reduced its General Fund levy by 19 $20 , 000 . 20 21 There will be a 1 . 7% increase on what property owners 22 will be taxed on and there was no growth in the City' s 23 operating budget . The levy must be certified by September 24 1 , 1991 and the City is not levying to the full amount 25 allowable. 26 27 Motion by Fleming, second by Enrooth to adopt Resolution • 28 No. 91-039 being a resolution setting proposed 1992 tax 29 levy, 1992 budget and public hearing dates in compliance 30 with the Truth in Taxation Act . 31 32 Motion carried unanimously 33 34 35 B. Resolution No. 91-040 : Re: Congressional Superfund 36 Statute 37 38 The City Manager noted that the purpose of amending the 39 Superfund statute is to clearly provide that municipal 40 solid waste is not a hazardous substance in the same 41 fashion as provided under the Resource Conservation and 42 Recovery Act . 43 44 It was noted that presently Senator Durenberger has 45 withheld his support for this legislation but pressure is 46 being put on him to support it . 47 48 Motion by Ranallo, second by Wagner to approve Resolution 49 No.. 91-040 being a resolution urging congressional relief 50 from application of Superfund Statute. 51 52 Motion carried unanimously 53 • 54 Mayor Ranallo requested staff to send a copy of this 1 REGULAR COUNCIL MEETING 0 AUGUST 27 , 1991 3 PAGE 11 4 5 6 resolution to the League of Minnesota Cities and to the 7 Association of Metropolitan Municipalities . 6 9 C. Resolution No. 91-041 ; Re: Award Bid for Chandler Drive 10 Street Improvements 11 12 The City Manager felt the low bid received was a good 13 bid. He mentioned he had hoped to include the sidewalk 14 project on Kenzie Terrace in this bid but more 15 information was needed on the bid bonds as this was a 16 C.D.B.G. project . 17 18 The sharp curve on Chandler Drive will be removed from 19 the street . The project will be started soon. 20 21 Motion by Wagner, second by Enrooth to approve Resolution 22 No. 91-041 being a resolution accepting bid in the matter 23 of Chandler Drive concrete pavement rehabilitation. 24 25 Motion carried unanimously 26 0 Mayor Ranallo reminded everyone of the post Village Fest Volunteer 29 party at his home on Friday, September 6th. 30 31 The Mayor witnessed a response to a call made by a St . Anthony 32 Police reserve for assistance at Apache Plaza Shopping Center. He 33 felt this reserve should have some recognition because of his quick 34 action, drugs and possible drug dealers were apprehended. The City 35 Manager noted that the matter is still under investigation. 36 37 11 . ADJOURNMENT 38 39 Motion by Enrooth, second by Wagner to adjourn the meeting at 40 9: 00 p.m. . 41 42 Motion carried unanimously 43 44 45 Respectfully submitted, 46 47 Jo-Anne Student , Council Secretary 48 49 Mayor Clarence Ranallo 50 51 ATTEST: 6 City Clerk