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HomeMy WebLinkAboutCC PACKET 02102015H.R.A. meeting immediately CITY OF ST. ANTHONY VILLAGE Following regular meeting CITY COUNCIL MEETING AGENDA *1a February 10, 2015 (% 7:00 p.m. Council Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: Approval of the February 10, 2015, City Council Meeting Agenda. (action requested.) Proclamations and Recognitions. None. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of January 27, 2015, City Council meeting minutes. (pp. 1-4) B. Licenses and Permits. (pp. 5-6) C. Claims. (pp. 7-10) D. Resolution 15-014; a resolution approving the 2015 Contract with Greater Metropolitan Housing Corporation (GMHC). (pp. 11-20) III. Public Hearing. None. IV. Reports from Commission and Staff. A. Resolution 15-015; a resolution approving a Conditional Use Permit (CUP) to Allow a Restaurant to be Located Less than 250 Feet from a Residentially Zoned District and a Variance From the Minimum Required Parking Stalls on the property Located at 2510 Kenzie Terrace. Kelsey Johnson, City Planner, WSB & Associates will be presenting. (pp. 21-56) B. Resolution 15-016; a resolution approving the Planned Unit Development Agreement and the Planned Unit Development Ordinance Related to the Property Located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) in Saint Anthony Village, Hennepin County, Minnesota. Jay Lindgren, Dorsey & Whitney will be presenting. (pp. 57-58) C. Ordinance 2015-01; an Ordinance Creating the 2015-01 PUD —Planned Unit Development Overlay Zoning District Associated with the Property Located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139). Kelsey Johnson, City Planner, WSB & Associates will be presenting. (pp. 59-92) V. General Business of Council. A. Resolution 15-017; a resolution approving a lot Combination of Two Separate Parcels (PID 0602923410140 and PID 0602923410139) into One Parcel Pursuant to §151.08 of the City Code. Mark Casey, City Manager will be presenting. (pp. 93-96) B. Resolution 15-018; a resolution calling a Hearing for the 2015 Street and Utility Improvements. Todd Hubmer, City Engineer, WSB & Associates will be presenting. (pp. 97-110) C. Resolution 15-019; a resolution Declaring the Costs to be Assessed and Ordering Preparation of the Proposed Assessments for the 2015 Street and Utility Improvement Project. Todd Hubmer, City Engineer, WSB & Associates will be presenting. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. D. Resolution 15-020; a resolution calling a Hearing on the Proposed Assessments for the 2015 Street and Utility Improvements. Todd Hubmer, City Engineer, WSB & Associates will be presenting. E. Saint Anthony Administration Annual Report. Mark Casey, City Manager will be presenting. (pp. 111-132 and Report) VI. Reports from City Manager and Council members. VII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on on upcoming agenda. VIII. Information and Announcements. IX. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. 11 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JANUARY 27, 2015 4 5 CALL TO ORDER. 6 7 Mayor Faust called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Faust; Councilmembers Gray, Jenson, and Stille. 16 Absent: None. 17 Also Present: City Manager Mark Casey and Police Chief John Ohl. 18 Guest: Brenda Thomas (Inland Real Estate Corporation). 19 20 21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 22 ITEMS. 23 24 I. APPROVAL OF THE JANUARY 27, 2015, CITY COUNCIL MEETING AGENDA. 25 26 Mayor Faust noted the addition of item II.A. (Recognition of Former Councilmember Roth). 27 28 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 29 Council Meeting Agenda of January 27, 2015. 30 31 Motion carried 4-0. 32 33 II. PROCLAMATIONS AND RECOGNITIONS. 34 35 A. Recognition of Former Councilmember Jim Roth. 36 37 Mayor Faust expressed the City Council's thanks to former Councilmember Roth and presented 38 him with a plaque in appreciation for his seven years of dedicated service. 39 40 Mr. Roth thanked the City Council and stated the City is lucky to have a City Council and 41 employees that make this City a great place to live. 42 43 City Manager Casey thanked former Councilmember Roth on behalf of all City staff and stated 44 that without former Councilmember Roth's support, the City would not have been able to 45 accomplish everything it did during his time on the City Council 46 47 II1. CONSENT AGENDA. 48 49 A. Consider January 13, 2015, City Council meeting minutes, 50 B. Consider licenses and permits; and 2 City Council Regular Meeting Minutes January 27, 2015 Page 2 2 3 4 0 8 IV. 9 10 V. 11 12 VI. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 C. Consider payment of claims. Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent Agenda items. Motion carried 4-0. PUBLIC HEARING - NONE. REPORTS FROM COMMISSION AND STAFF - NONE. GENERAL BUSINESS OF COUNCIL. A. Presentation from Inland Real Estate Corporation. Brenda Thomas presenting. Mayor Faust introduced Ms. Brenda Thomas from Inland Real Estate Corporation, attending in place of Mr. Plessner. Ms. Thomas explained that the Wal-Mart lease term expires in March 2025 and as of this time Wal-Mart retains ownership of the building until Inland has the right to take the building in April 2017. She reported Inland started with 26 prospects for the site and the list of prospects is down to three with the goal of finding a tenant for the entire space previously occupied by Wal-Mart. She noted that Inland has rejected offers that require any change from a retail use and Inland remains committed to getting the space filled with the right tenant. She advised that Cub Foods is still very strong and the effect of the Wal-Mart closing has not been as detrimental as it could have been without the presence of Cub, the medical use, upscale hair salon, and other retail, adding there is still a lot of traffic coming into the shopping center. She stated that Inland remains committed to making sure the area remains clean and ready for a new tenant. Councilmember Stille thanked Ms. Thomas for the update and for reinforcing the fact that this is Inland's project and not a City project. He stated the City has kept a watchful eye on the shopping center but responsibility for the space falls squarely on Inland Real Estate Corporation. Mayor Faust thanked Ms. Thomas for attending and providing an update on such short notice. B. Crime Prevention Overview by Chief John Ohl and Sergeant Jon Mangseth Police Chief Ohl provided an overview of the crime prevention program and discussed the importance of establishing relationships throughout the City. He advised that Sergeant Mangseth reorganized the crime prevention program in 2014 and new programs being rolled out in 2015 include partnering with the high school to do another CSI program, which was a great success the last time it was offered. He stated Sergeant Mangseth is also working with the Family Services Collaborative and the high school on some outreach regarding texting and driving and the Police Department was able to secure a crashed car that will be on display at the high school during an assembly with Officer Spiess presenting a districted driver course during the assembly. He advised that other programs in 2015 include an initiative on workplace violence, increased social media, and the Citizens Academy. He stated they have had difficulty getting enough people to commit to the Citizens Academy and will be offering the more popular classes in one City Council Regular Meeting Minutes January 27, 2015 Page 3 1 evening on topics such as use of force and drinking and driving. He stated the Police 2 Department is always looking for ways to reach out to the community and make positive 3 contacts within the community and credited Sergeant Mangseth for all the work he has done on 4 the crime prevention program. 6 Mayor Faust commended Police Chief Ohl and Sergeant Mangseth for their dedicated efforts and 7 innovations in community policing. 8 9 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 10 11 City Manager Casey reported that information about organized collection has recently been 12 published in the newsletter and utility bills. He presented a map of the three organized collection 13 zones and advised that on February 9h, the City will be sending out a tri -fold mailer with 14 information about collection zones and the mailer will be sent again the week of March 2"d; in 15 addition, the collectors will be taping the mailer to the collection bins. He stated that on March 16 25th, 26`x', and 27", residents are asked to take their refuse, recycling, and yard waste carts to the 17 end of their driveway and the haulers will switch out the carts for service beginning April 15`. He 18 stated further information is on the website and encouraged residents to call with any questions. 19 20 Councilmember Jenson — no report. 21 22 Councilmember Stille reported on his attendance at the January 26th Planning Commission 23 meeting. 24 25 Councilmember Gray — no report. 26 27 Mayor Faust reported on the City Council's attendance at the January 15-16 goal setting retreat 28 with the City Manager and department heads along with the Parks and Planning Commission 29 Chairs. He also reported on his attendance at the January 20 Chamber of Commerce meeting 30 and his attendance at the January 27s' MWMO all day retreat. 31 32 VIII. COMMUNITY FORUM. 33 34 Mayor Faust invited residents to come forward at this time and address the Council on items that 35 are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. 36 37 IX. INFORMATION AND ANNOUNCEMENTS - NONE. 38 39 X. ADJOURNMENT. 40 41 Mayor Faust adjourned the meeting at 7:38 p.m. 42 43 Respectfully submitted, 44 Barbara Hughes (TimeSaver Off Site Secretarial, Inc.) 45 46 Mayor 47 ATTEST: 48 City Clerk Cl THIS PAGE LEFT INTENTIALLY BLANK Saint Anthony Village DATE: February 11, 2015 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical License: The Snelling Company, St Paul, MN Ciearette & Tobacco License: Applicant: Freedom Valu Center Location: 3810 Silver Lake Rd NE Rental License: Applicant: Highland Court Location: 3800 & 3808 Macalaster Dr NE 11 THIS PAGE LEFT INTENTIALLY BLANK City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 1/29/2015 - 2/11/2015 Feb 03, 2015 10:23AM Vendor Number Payee Check Number Check Issue Date Amount 11300 RAMSEY COUNTY 25481 01/29/2015 40.00 10176 BLUE CROSS BLUE SHIELD 25482 01/30/2015 4,173.98 11798 CENTRAL PENSION FUND LOCAL #49 25483 01/30/2015 4,262.40 10710 ICMA RETIREMENT TRUST 25484 01/30/2015 1,961.00 10012 ABM EQUIPMENT & SUPPLY, INC 25485 02/11/2015 97.22 10039 AIRGAS USA LLC 25486 02/11/2015 185.53 10054 ALLIANCE MECHANICAL 25487 02/11/2015 5,285.00 10072 AMERICAN PAYMENT CENTERS 25488 02/11/2015 78.00 10081 ANCOM COMMUNICATIONS 25489 02/11/2015 12.00 1100 ARTISIAN BEER COMPANY 25490 02/11/2015 5,026.70 10139 B & F FASTENER SUPPLY 25491 02/11/2015 66.70 1101 BAUHAUS BREW LABS LLC 25492 02/11/2015 384.00 1013 BELLBOY CORPORATION 25493 02/11/2015 11,408.98 1014 BELLBOY CORPORATION 25494 02/11/2015 185.85 1035 BERNICK'S BEVERAGE & VENDING 25495 02/11/2015 494.40 10185 BOUND TREE MEDICAL LLC 25496 02/11/2015 176.02 8544 BOURGET IMPORTS 25497 02/11/2015 390.00 10186 BOYER TRUCKS LAUDERDALE 25498 02/11/2015 75.82 10191 BRAZIL, KIM 25499 02/11/2015 65.88 10197 BRIAN NELSON INSPECTION SVCS 25500 02/11/2015 942.00 1114 CANNON RIVER WINERY 25501 02/11/2015 150.00 1017 CAPITOL BEVERAGE SALES 25502 02/11/2015 20,651.26 10251 CDW COMPUTER CENTER, INC. 25503 02/11/2015 151.51 12052 CENTENNIAL FIRE DISTRICT 25504 02/11/2015 3,200.00 10258 CENTURY COLLEGE 25505 02/11/2015 1,445.40 1010 CLEAR RIVER BEVERAGE COMPANYMPANY 25506 02/11/2015 376.00 1021 COCA COLA REFRESHMENTS USA, INC. 25507 02/11/2015 472.50 12044 COMPASS MINERALS 25508 02/11/2015 7,064.00 10332 COMPTON'S COMMERCIAL CLNG. INC 25509 02/11/2015 3,578.00 10347 CPS DISTRIBUTORS, INC. 25510 02/11/2015 168.00 10360 CROWN TROPHY 25511 02/11/2015 85.90 1042 CRYSTAL SPRINGS ICE 25512 02/11/2015 164.75 12092 DAVIS, ISAAC 25513 02/11/2015 70.00 10473 EMERGENCY APPARATUS 25514 02/11/2015 910.27 1045 EXTREME BEVERAGE 25515 02/11/2015 382.90 10508 FERGUSON WATERWORKS 25516 02/11/2015 63.05 10522 FIRST -SHRED 25517 02/11/2015 22.00 1030 FLAHERTY'S HAPPY TYME COMPANY 25518 02/11/2015 593.10 10550 G & K SERVICES INC 25519 02/11/2015 505.09 1032 GRAPE BEGINNINGS, INC. 25520 02/11/2015 647.75 10636 HEDBACK, ARENDT & CARLSON PLLC 25521 02/11/2015 3,500.00 10651 HENNEPIN COUNTY MEDICAL CENTER 25522 02/11/2015 2,485.00 1019 HOHENSTEIN'S, INC 25523 02/11/2015 3,015.47 10684 HOME DEPOT CREDIT SERVICES 25524 02/11/2015 61.99 10693 HOTSY EQUIPMENT OF MINNESOTA 25525 02/11/2015 101.95 10713 IACP- MEMBERSHIP 25526 02/11/2015 150.00 10727 INLAND TRS PROPERTY MANAGEMENT 25527 02/11/2015 2,559.29 10730 INSIGNIA SYSTEMS, INC. 25528 02/11/2015 779.30 11754 INTEGRATED LOSS CONTROL, INC. 25529 02/11/2015 579.00 1016 JJ TAYLOR DISTRIBUTING 25530 02/11/2015 24,597.20 1004 JOHNSON BROTHERS LIQUOR CO. 25531 02/11/2015 5,050.52 1005 JOHNSON BROTHERS LIQUOR COMPANY. 25532 02/11/2015 7,151.92 1006 JOHNSON BROTHERS LIQUOR COMPANY. 25533 02/11/2015 21,865.79 ne City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 1/29/2015 - 2/11/2015 Feb 03, 2015 10:23AM Vendor Number Payee Check Number Check Issue Date Amount 1044 JOHNSON BROTHERS LIQUOR COMPANY. 25534 02/11/2015 4,732.09 10831 LEAGUE OF MINNESOTA CITIES 25535 02/11/2015 20.00 10851 LILLIE SUBURBAN NEWSPAPER 25536 02/11/2015 155.18 10857 LMCIT % BERKLEY ADMINISTRATORS 25537 02/11/2015 62,945.50 12093 LYNCH, JAMES 25538 02/11/2015 70.00 10874 MACQUEEN EQUIPMENT CO 25539 02/11/2015 15.76 10925 METRO FIRE OFFICERS ASSOC. 25540 02/11/2015 200.00 10931 METROPOLITAN COUNCIL 25541 02/11/2015 49,448.42 10932 METROPOLITAN COUNCIL 25542 02/11/2015 2,460.15 12087 MINNESOTA ARMY NATIONAL GUARD 25543 02/11/2015 90.00 11029 MINNESOTA DEPT NATURAL RESOURCES 25544 02/11/2015 2,555.61 11006 MINNESOTA STATE FIRE 25545 02/11/2015 207.00 11089 NAPA AUTO PARTS 25546 02/11/2015 22.48 1051 NEW FRANCE WINE COMPANY 25547 02/11/2015 406.00 11944 NORTHEAST YOUTH & FAMILY SERVICES 25548 02/11/2015 1,000.00 1033 NORTHGATE BREWING 25549 02/11/2015 276.00 11149 NORTHSTAR INSPECTION SERVICES 25550 02/11/2015 5,810.40 12088 OFFICE 8 25551 02/11/2015 86.97 11163 OFFICE DEPOT 25552 02/11/2015 1,280.35 11185 PACE ANALYTICAL SERVICES, INC. 25553 02/11/2015 285.00 11186 PAETEC 25554 02/11/2015 148.95 1012 PAUSTIS & SONS 25555 02/11/2015 2,018.37 1001 PHILLIPS WINE & SPIRITS 25556 02/11/2015 2,081.56 1002 PHILLIPS WINE & SPIRITS 25557 02/11/2015 1,626.90 11218 PIRTEK 25558 02/11/2015 81.75 11241 POSTMASTER - MPLS BMEU 25559 02/11/2015 220.00 11246 PRAXAIR 25560 02/11/2015 36.54 11302 RAMSEY COUNTY 25561 02/11/2015 164.58 11305 RAMSEY COUNTY FIRE CHIEFS ASSN 25562 02/11/2015 60.00 12090 REGISTER TAPES UNLIMITED (RTUI) 25563 02/11/2015 890.00 11345 ROSEVILLE CHRYSLER DODGE 25564 02/11/2015 669.02 11408 SIGNATURE CONCEPTS, INC. 25565 02/11/2015 24.00 11427 SOURCEONE GRAPHICS, INC. 25566 02/11/2015 82.53 1036 SOUTHERN - WCW 25567 02/11/2015 302.50 1026 SOUTHERN LIQUOR 25568 02/11/2015 3,588.51 1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 25569 02/11/2015 13,117.85 1008 SOUTHERN WINE -SPIRITS -AMERICAN DIVISION 25570 02/11/2015 915.75 11452 ST ANTHONY CHAMBER OF COMMERCE 25571 02/11/2015 260.00 11457 ST ANTHONY VILLAGE CENTER, LLC 25572 02/11/2015 1,709.07 11464 ST. ANTHONY VILLAGE KIWANIS 25573 02/11/2015 121.00 11465 ST. ANTHONY -NEW BRIGHTON 25574 02/11/2015 26,087.78 2001 STEEL TOE BREWING 25575 02/11/2015 425.00 11531 T A SCHIFSKY & SONS 25576 02/11/2015 131.76 11536 TASC 25577 02/11/2015 25.00 11543 TECH SALES CO 25578 02/11/2015 475.00 11549 TERMINAL SUPPLY CO. 25579 02/11/2015 22.95 11566 TIMESAVER OFF SITE SECRETARIAL 25580 02/11/2015 299.00 11568 TITAN MACHINERY 25581 02/11/2015 3,220.00 11586 TRACY PRINTING 25582 02/11/2015 950.40 11819 TRUE NORTH ELECTRIC 25583 02/11/2015 1,045.25 11609 TWIN CITY GARAGE DOOR 25584 02/11/2015 329.00 12089 ULINE 25585 02/11/2015 80.08 11635 UNIQUE PAVING MATERIAL 25586 02/11/2015 631.80 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: Check Issue Dates: 1/29/2015 - 2/11/2015 Feb 03, 2015 10:23AM Vendor Number Payee Check Number Check Issue Date Amount 11637 UNITED ELECTRIC COMPANY 25587 02/11/2015 43.18 11644 UNITED STATES POSTAL SERVICE 25588 02/11/2015 700.00 11674 VERIZON WIRELESS 25589 02/11/2015 1,226.64 11932 VILLAGE EXPRESS WASH 25590 02/11/2015 103.48 1025 VINOCOPIA 25591 02/11/2015 1,541.28 11694 W.D. LARSON COMPANIES LTD, INC 25592 02/11/2015 28.56 11706 WATER CONSERVATION SERVICE INC 25593 02/11/2015 261.50 1034 WINE COMPANY/THE 25594 02/11/2015 1,201.20 1038 WINE MERCHANTS INC 25595 02/11/2015 2,609.00 1011 WIRTZ BEVERAGE - (GRIGGS) 25596 02/11/2015 16,856.83 1009 WIRTZ BEVERAGE MINNESOTA 25597 02/11/2015 1,705.55 1018 WIRTZ BEVERAGE MINNESOTA 25598 02/11/2015 14,911.50 11731 WITMER PUBLIC SAFETY GRP, INC. 25599 02/11/2015 435.35 11738 WSB & ASSOCIATES, INC. 25600 02/11/2015 1.166.50 Grand Totals: 384,609.77 W" THIS PAGE LEFT INTENTIALLY BLANK 11 Em REQUEST FOR COUNCIL CONSIDERATION Meeting Date: February 10, 2015 Resolution 15-014; a resolution approving the 2015 Contract with Greater Metropolitan Housing Corporation (GMHC) OVERVIEW: Please find attached the contract for 2015 with the Greater Metropolitan Housing Corporation (GMHC). The City of Saint Anthony Village and Greater Metropolitan Housing Corporation started this contract relationship in 2002. The cost for the annual contract is $12,500. The fee has remained the same since 2009. Fra THIS PAGE LEFT INTENTIALLY BLANK CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the day of , 20_, by and between the City of Saint Anthony Village, a Minnesota municipal corporation, ("the City"), and GREATER METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit corporation ("Consultant"). RECITALS A. The Consultant has a division called The Housing Resource Center ("HRC"). GMHC has agreed to provide certain Services through HRC (as defined below) in connection with the City's housing program. B. The City desires to hire the Consultant to render this technical, professional, and marketing assistance in connection with housing programs in the City for the term as set forth in this Agreement. C. Consultant is willing to provide such services on the terms and conditions set forth herein. In consideration of the foregoing recitals and following terms, conditions and mutual promises contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall provide services as follows (the "Services"): a. Administer the following home improvement programs for residents of the City of St. Anthony Village: MHFA Fix -up Fund Saint Anthony Village Rebate Incentive Program and Saint Anthony Village Revolving Loan Program. Each Saint Anthony Village program fund shall be maintained separately. Program income from the Revolving Loan Fund shall be held and is not available for use without prior approval of the City Council: 1. Providing information to residents and property owners about the programs, upon request; assisting the City in marketing programs through various mediums; 2. Assist the City in developing procedures for the programs; 3. Receipt of applications from residents; 4. Processing applications; 5. Closing loans to qualified applicants in accordance with the applicable program; fb.us.3166730.04 13 14 6. Overseeing the draw process for the funds, including, as necessary, reviewing draws, reviewing the progress of the work and collecting lien waivers and certificates of occupancy. Consultant may, for this purpose, rely on third -party representations and certifications. 7. Provide monthly reports about the number of loans closed and the balance in each loan program. b. Assist City residents considering rehabilitation, including property visits, meet with homeowners and potential contractors, suggest alternatives for rehabilitation to homeowners, educate homeowners on the construction bid process, assist homeowners to evaluate bids and work completed and construction progress. C. Provide housing information to City residents, including information on emergency assistance, housing rehabilitation, first time homebuyers, limited rental information; and the Aging in Place demonstration project; d. Assist the City in developing programs to purchase and rehabilitate homes; e. Coordinate these services out of Consultant's Minneapolis office; and f. Have Consultant's staff visit residences as determined necessary by Consultant. 2. Term. This Agreement shall be in full force and effect from January 1, 2015 and shall continue through December 31, 2015, unless otherwise terminated as set forth below. 3. Compensation. For services provided under this Agreement, the City shall pay to the Consultant Twelve Thousand Five Hundred Dollars ($12,500.00) within thirty (30) days after execution of this Agreement. The Consultant shall receive compensation for administering the MHFA Programs directly from the Minnesota Housing Finance Agency and not from the City. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time in which case the parties shall agree to the amount of fees payable to Consultant. b. The City may terminate this Agreement upon the breach by Consultant of any of its material covenants contained herein, where such breach shall have continued for a period of thirty (30) days following the receipt by Consultant of a written notice from the City, specifying the alleged breach; provided, however, if the nature of a non -monetary breach is such that Consultant cannot reasonably cure same in the thirty (30) day period, Consultant shall not be deemed to be in breach if it commences to cure within the thirty (30) day period, and diligently pursues tb.us.3166730.04 15 same to completion within ninety (90) days following receipt by Consultant of such written notice. In the event of termination by the City hereunder, Consultant shall be entitled to fees due to the date the notice of breach is sent by the City. C. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy (ii) files a voluntary petition for reorganization under any bankruptcy law, statute or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt, (iv) makes an assignment for the benefit of creditors or applies for or consents to the appointment of a receiver or trustee as part of or in conjunction with a "creditor plan" with respect to any substantial part of its assets, or (v) a receiver or trustee is appointed, or an attachment or execution levied with respect to any substantial part of its assets, and said appointment is not vacated, or the attachment or execution not released, within sixty (60) days, then this Agreement shall, effective as of such date, without notice or further action by either party, immediately terminate. d. Consultant may terminate this Agreement upon the breach by City of any of its material covenants contained herein, where such breach shall have continued for a period of thirty (30) days following the receipt by City of a written notice from Consultant, specifying the alleged breach; provided, however, if the nature of a non -monetary breach is such that City cannot reasonably cure same in the thirty (30) day period, City shall not be deemed to be in breach if it commences to cure within the thirty (30) day period, and diligently pursues same to completion within ninety (90) days following receipt by City of such written notice. In the event of termination by Consultant hereunder. Consultant shall be entitled to retain the entire fee under this Agreement. 5. Insurance. a. During the term of this Agreement, the Consultant shall obtain and maintain workers compensation, comprehensive general liability, and automobile liability insurance. Comprehensive general liability insurance shall have an aggregate limit of Two Million Dollars ($2,000,000.00). b. Upon request by the City, the Consultant shall provide a certificate or certificates of insurance relating to the insurance required. Such insurance secured by the Contractor shall be issued by insurance companies licensed in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. C. Such insurance shall be in force on the date of execution of an Agreement and shall remain continuously in force for the duration of the Agreement. 6. Indemnification. a. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the fb.us.3166730.04 3 16 Consultant, the Consultant's successors or assigns, the Consultant's subcontractors, or to any other person or persons for any third party claim, demand, damage, or cause of action of any kind, nature, or character, including intentional acts, arising out of or by reason of the performance of this Agreement by Consultant. The Consultant, and the Consultant's successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all third party claims, demands, damages, and causes of action, to the extent caused by the negligence or wrongful acts of Consultant, and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting services, and other technical, administrative or professional assistance. b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in whole or in part without the prior written approval of the City. 8. Conflict of Interest. The Independent Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the Independent Contractor, with the prior written consent of the City, shall arrange for suitable alternative services. 9. Compliance with Laws. The Consultant shall comply with all applicable Federal, State, and local laws, rules, ordinances, and regulations at all times and in the performance of the services pursuant to this Agreement. 10. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant: Greater Metropolitan Housing Corporation 15 South 5`" Street, Suite 710 Minneapolis, MN 55402 ATTN: Suzanne Snyder City: City of Saint. Anthony Village 3301 Silver Lake Road Saint Anthony, MN 55418-1699 Or such other address as either party may provide to the other by notice given in accordance with this provision. 11. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the fb.us.3166730.04 4 Consultant, and supersedes any other written or oral agreements between the City and the Consultant. This Agreement can only be modified in writing signed by the City and the Consultant. 12. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 13. Counterparts. This Agreement may be signed in one or more counterparts but all of which taken together shall constitute one instrument. 14. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 15. Aereement Not Exclusive. The City retains the right to hire other housing program consultants, in the City's sole discretion. 16. Data Practices Act Compliance. Data provided to the Consultant or created by the Consultant under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended. [Signature Page Follows] tb.us.3166730.04 17 W IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective dates indicated below. CITY: CITY OF SAINT ANTHONY VILLAGE Its: Manor Date: , 20_. CONSULTANT: GREATER METROPOLITAN HOUSING CORPORATION Its: President Date: 120. fb.m.3166730.04 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-014 A RESOLUTION APPROVING THE 2015 CONTRACT WITH GREATER METROPOLITAN HOUSING CORPORATION (GMHC) WHEREAS, the City of Saint Anthony Village agrees to contract with Greater Metropolitan Housing Corporation (GMHC) for the implementation of housing programs for Saint Anthony Residents; and WHEREAS, the housing programs will be provided to the residents of Saint Anthony Village through the Housing Resource Center— Northeast; and WHEREAS, the housing programs provided by GMHC allow for a variety of affordable and life -cycle housing for the residents of Saint Anthony Village; and WHEREAS, the housing programs provided by the GMHC also assists the City in its goal of quality housing, thereby providing opportunities for home ownership; and WHEREAS, the City of Saint Anthony agrees to contribute to the Housing Resource Center— Northeast Community Reinvestment Fund to benefit the residents of the City of Saint Anthony Village. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby approves the contract with Greater Metropolitan Housing Corporation and an administrative fee of $12,500 for 2015 with that said funding to come from the HRA General Fund. Adopted this 10`h day of February, 2015. ATTEST: Barbara J. Suciu, City Clerk Review for Administration: Jerome O. Faust, Mayor Mark Casey, City Manager 19 20 THIS PAGE LEFT INTENTIALLY BLANK Vin%ae thony i CJ MEMORANDUM To: Honorable Mayor and City Council Members Mark Casey, City Manager From: Kelsey Johnson, AICP, City Planner Date: January 14, 2015 City Council Regular Meeting for February 10, 2015 WSB Project No. 02170-090 Request: Request for a Conditional Use Permit (CUP) to Allow a Restaurant to be Located Less than 250 Feet from a Residentially Zoned District and a Variance from the Minimum Required Parking Stalls on the Property Located at 2510 Kenzie Terrace BACKGROUND The Applicant submitted a request for a conditional use permit (CUP) to allow a restaurant ('Busters") to be located less than 250 feet from a residentially zoned district and a variance from the minimum required parking stalls on the Property located at 2510 Kenzie on October 14, 2014. The Planning Commission held a public hearing on the request at their regular meeting on November 24, 2014 and recommended approval of the CUP and Variance with a vote of 5-0. At the regular meeting of the City Council held on December 9, 2014, the Council tabled the request and sent the item back to the Planning Commission for further review and comment on the following items: • Restriction on hours of operation; • Additional screening along the south property boundary. At the January 26, 2015 regular meeting of the Planning Commission, the Commission recommended approval of the Conditional Use Permit and Variances with modified conditions as outlined in Exhibit D with a vote of 7-0. GENERAL INFORMATION Applicant: Joel Janssen Owners: R.J. Ruppert Trustee Location: 2510 Kenzie Terrace Existing Land Use/ Commercial/zoned: C- Commercial Zoning: Surrounding Land North: Low Density Residential / Zoned R-1 - Single Family Residential Use / Zoning: East: Low Density Residential / Zoned R-1 - Single Family Residential South: City of Minneapolis (Single Family Residential) West: Undeveloped / Zoned C -Commercial 21 22 January 27, 2015 Page 2 Deadline for Agency Application Date: 10-14-14 Action: 60 Days: 12-13-14 Letter Sent: 12-10-14 120 Days: 02-11-15 CONSIDERATIONS RELATING TO THE ADDITIONAL REQUESTS BY THE CITY COUNCIL 1. Hours of Operation The proposed hours of operation will be from Ilam to llpm Sunday through Thursday, and llam to lam Friday and Saturday. The Applicant has indicated the business's peak hours will be 6pm to 9pm seven days a week. The proposed hours are similar to other like -businesses within the area (i.e. Village Pub). At the December 9, 2014 meeting of the City Council, the Applicant indicated that typically there is an increase in orders for delivery and/or takeout between 10:00pm and 1:00am. He stated that being open during these hours is "critical to their business plan with delivery and takeout making up approximately 70% of the business". The Applicant also mentioned that the dine -in area will be closed by 10:00pm each day. Staff proposed the following condition for consideration by the Planning Commission: • Hours of operation shall be limited until llpm Sunday through Thursday and lam Friday and Saturday night. The dine -in portion of the restaurant shall cease at 10pm every night. All delivery vehicles after 10pm must park on the north side of the building located at 2510 Kenzie Terrace to minimize headlight glare onto the neighboring single-family residential areas to the south. The Planning Commission reviewed the proposed language and recommended modifications to the condition to allow the Applicant to extend the hours of operation for delivery and takeout orders only on holidays and the eve of a holiday that occur Sunday through Thursday (i.e. open until lam as opposed to llpm). Staff researched the 2015 Federal Holidays schedule and determined the following dates: Holiday New Year's Day Birthday of Martin Luther King, Jr. Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Date Thursday, January 1 Monday, January 19 Monday, February 16 Monday, May 25 Saturday, July 4 (not applicable) Monday, September 7 Monday, October 12 Wednesday, November 11 Thursday, November 26 Friday, December 25 The Applicant was in attendance at the January 26, 2015 meeting and while he expressed gratitude to the Planning Commission for this consideration, he indicated that he had not considered (or requested) this modification to the approved schedule, and that it was not necessary for purposes January 27, 2015 Page 3 of his business plan. As such, staff is not recommending amending the proposed condition as outlined on the draft resolution in Exhibit D. 2. Screening The existing parking lot layout and design has a total of two access points off of/onto Lowry Avenue to the south; one along the western portion of the building and one along the eastern portion of the building. In between the two access points, there is a fairly opaque fence that runs along the southern portion of the existing drive aisle/parking lot area between three (3) mature trees (See Exhibit E: Site Photos). The existing parking spaces are located to the east and north of (in front of) the existing building located at 2510 Kenzie Terrace. The remainder of parking spaces are located to the south of the existing building located at 2520 Kenzie Terrace (currently occupied by a day-care facility). On the Property, there are a total of 6 parking spaces that face toward the south property line (i.e. facing the single-family residential homes to the south). Of those 6 parking spaces, it appears that 1-2 parking spaces are located in line with the easternmost access drive off of Lowry Avenue. The remainder of parking spaces are visually screened by the existing mature tree and opaque fence already in place, as well as by other cars parked in the spaces just to the south of these 6 parking spaces (if occupied). While additional screening options are limited, concern was raised about headlight glare from the parking lot onto the existing single-family residential homes to the south. The Planning Commission considered a condition to require additional landscaping to help mitigate this concern, and agreed with Staffs recommended language as outlined below: • Additional natural landscaping/screening is required along the west side of the existing easternmost drive -aisle access to/from Lowry Avenue along the south border of the Property. Screening shall consist of coniferous shrubs and/or trees, in a quantity adequate to visually screen as much of the parking lot area as feasible, and shall be at least three (3) feet in height. All screening must comply with the City's vision triangle standards to ensure adequate clear lines of vision at the intersection of the parking lot drive -aisle to ensure traffic and pedestrian sightlines and safety. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Staff Report Dated November 17, 2014 Exhibit D: Site Photos 23 eCCaGY e AA EM 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Office: (612) 782-3301 Fax: (612) 782-3302 www.ci.saint-anthony.mn.us -For Offic Planning File Number Project Number Application Submittal Date Application Completed Date Fee Paid Receipt Number Planning Commission Meeting Date Council Decision Council Decision Date Address of Property Involved: c"!r(fl &ZiE :!J-V1A4!&ce. Property ID Numb Legal Description: EXHIBIT B 25 10-l+ •Edi' $f058 51 LIa �J Applicant Information Applicant Name: moo: L � of SSET! Applicant Address: Ac1 bP pJ k, Applicant Telephone Number: ( Ip `j Other: Applicant Fax Number. Applicant Email Address:._) an 1,-_A(-oit tfrloud. CORA Property Information R J Pe -12 rf Property Owner (if different from above): - Owner Address: 551x#' a)i e4l A/,,Y9' Av1 ve. R( m I m Owner Telephone Number: Owner Email Address: r tt crupp & ® Type of Request (Check All that Apply) Appeal ($100 fee) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) `) Conditional Use Permit (CUP) ($200 fee+ $450 escrow if residential; $850 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Minor Subdivision/Lot Split ($250 fee + $1,250 escrow) Planned Unit Development (PUD) ($750 fee + $2,500 escrow) Rezoning ($500 fee + $750 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($250 fee + $450 escrow) Preliminary Plat ($500 fee + $500 escrow) Variance ($200 fee + $450 escrow if residential; Final Plat ($500 fee + $500 escrow) $850 escrow if commercial/industrial) Our Mission is to be a progressive and finable communrn% a walkable village, which is sustainable, .safe and .secure. 26 Description of the Request (OR a separate detailed narrative explaining the project): Filing and Information Requirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional requirements can be found at www.ci.saint- anthony.mn.us. Incomplete Applications and Submission Deadline A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the meeting of the Planning Commission or City Council meeting at which the request will be heard. Submission of an incomplete application may delay the processing of your land use request. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be "complete' it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published. Upon submission of a complete application, state statute requires that a decision be issued within 60 days regarding each request; however, a 60 -day extension may be obtained if more time is needed. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Agenda Deadline and Meeting Schedule Planning Commission meetings are typically held on the fourth Monday of every month at 7:00 p.m., while City Council meetings are held typically the second and fourth Tuesday of every month at 7:00 p.m. Meeting dates and times are subject to change so please contact City Hall to verify the meeting date and time. All meetings are held at the St. Anthony Community Center in the Council Chambers, 3301 Silver Lake Road, St. Anthony, Minnesota 55418, unless otherwise stated. Applications are advised that additional meetings and/or workshops are scheduled when necessary. Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. Property Ower Signature (Required) 1 '1g)2\) Date Applican Si ature (if di rent than the property owner) Date Please contact the City Planner at 763-287-8521 or planner@ci.saint-anthony.mn.us if you have any questions regarding this application. May 2013 27 �Ito N V 0 ©. h Lo I I I l I I I I MI M I M M M 'ff a I A 29 n I (1TFC) IN U I I� ►' TO SF[F, A I rmmmalI11 RES NOTICE OF A PUBLIC HEARING Notice is hereby given that on November 24, 2014, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a request from Joel Janssen on behalf of the property owner R.J. Ruppert for a conditional use permit to allow a restaurant without drive-through facility within 250 feet of a residential district and a variance from the required minimum number of parking spaces on the property located at 2510 Kenzie Terrace. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on December 9, 2014, 7:00 p.m. at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-287-8521. The application, related to this public hearing, can be viewed online at www.saint-anthony.mn.us as part of the current Planning Commission agenda. Kelsey Johnson, AICP City Planner 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 • www.d.saint-anthony.mn.us •(612) 782-3301 Fax (612) 782-3302 Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure. 31 Barb Suciu From: Joel Janssen <janssen6@me.com> Sent: Sunday, November 02, 2014 11:23 AM To: Kelsey Johnson Subject: Busters Square Footage Hi Kelsey, Here is what I know. The square footage of 2510 is approximately 3444 square feet, and 2520 is approximately 1056 square feet. The square footage for the restaurant is approximately 1,436 square feet of the 2510 building. With the seating being closer to 30 rather than the 40 1 put on the application. The max number of employees on any given shift is 3. The other tenant in the 2510 building is Nick Lowry, company Brand Ink. and they do commercial printing and graphics. The Tenant in the 2520 building is Chinese Day Care and they do childcare. I don't know the tenants name. I anticipate that most of my business will be take-out and delivery. Being in a residential area such as this, there will be a great number of customers walking here to dine -in and for take out. The Chinese day care's peak hours are from 7:30am to 9am in the mornings, and we are not open at this time, and from 4:30 to 5:30 in the evening as parents come to pick up their children taking 5 minutes of parking. This day care maybe cares for 10 children, so very light traffic. Day care is not open on the weekends. Nick Lowry's graphics and printing business has 2 employees, very rarely customers come to his shop, as he does most of his business of site or online. Generating very little traffic, they are closed by Spm, and also are not open on the weekends. Busters peak times will be 6pm-9pm seven days a week, neither the day care or the ink design businesses will be open at these times. The weekends will be our busiest days of the the week and again neither of the 2 other businesses will be open. There are 16 street parking spots just in front of our business as well on Kenzie. This is a good mixed use for the property, as it mixes day and night, weekday and weekend businesses very well, allowing the 50+ parking spaces to be more than adequate to meet the needs and in compliance with the zoning requirements. Hope this answers your questions, thank you. Joel Janssen 612-991-4563 32 EM December 10, 2014 Joel Janssen 1924 Walden Place NE Minneapolis, MN 55418 RE: NOTICE OF EXTENSION OF REVIEW PERIOD FOR THE APPLICATION MADE FOR 2510 KENZIE TERRACE St. Anthony Village, Minnesota WSB Project No. 02170-090 Dear Mr. Janssen, In accordance with Minnesota Statute 15.99 subd. 3 (f), the City of St. Anthony Village is extending the review period for your application made on October 14, 2014 for the consideration of a conditional use permit (CUP) to allow a restaurant use within 250 feet of a residentially zoned property. The City is extending the review period an additional 60 days, to February 11, 2015 and will render a decision regarding your application prior to that date. The purpose of the review extension is to allow the Planning Commission to consider further conditions relating to your proposal including additional landscaping/screening and hours of operation per the direction made at the City Council Meeting on December 9, 2014. The Planning Commission will hold a meeting on January 26, 2015 to re -review and make recommendations to the City Council for their regular meeting on February 10, 2015. If you have any questions please call me at 612-360-1284 or email me at kjohnson@wsbeng.com. Sincerely, WSB & Associates, Inc. Kelsey Johnson, AICP City Planner cc: Mark Casey, City Manager (e-mail only) R.J. Ruppert Trustee, Property Owner Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. �ai n te C%hry�ory il a MEMORANDUM To: St. Anthony Village Planning Commission From: Kelsey Johnson, AICP, City Planner Date: November 17, 2014 Planning Commission Regular Meeting for November 24, 2014 WSB Project No. 02170-090 EXHIBIT C: 33 Request: Request for a Conditional Use Permit (CUP) to Allow a Restaurant to be Located Less than 250 Feet from a Residentially Zoned District and a Variance from the Minimum Required Parking Stalls on the Property Located at 2510 Kenzie Terrace RECOMMENDATION The Applicant's request for a conditional use permit (CUP) to allow a restaurant to be located less than 250 feet from a residentially zoned district and a variance from the minimum required parking stalls on the Property located at 2510 Kenzie is consistent with the intent of the Zoning Ordinance and the City's Comprehensive Plan. Staff recommends approval of the Applicant's request as outlined in Exhibit C. GENERAL INFORMATION Applicant: Joel Janssen Owners: R.J. Ruppert Location: 2510 Kenzie Terrace Existing Land Use/ Commercial/zoned: C- Commercial Zoning: Surrounding Land North: Low Density Residential / Zoned R-1 - Single Family Residential Use / Zoning: East: Low Density Residential / Zoned R-1 - Single Family Residential South: City of Minneapolis (Single Family Residential) West: Undeveloped / Zoned C -Commercial Deadline for Agency Application Date: 10-14-14 Action: 60 Days: 12-13-14 Letter Sent: N/A 120 Days: 02-11-15 CONSIDERATIONS RELATING TO THE REQUEST 1. Background The Applicant wishes to open a new "neighborhood pizza and burgers restaurant" named "Busters" in portion of the existing south building (1,436 sf) on the property located at 2510 Kenzie Terrace 34 November 17, 2014 Page 2 (space adjacent to Brand Ink). The Property is located immediately adjacent to a residentially zoned district, with the building located approximately 120 feet from the bordering property line. The Applicant has indicated that the majority of business will be take-out or delivery, however there will be seating for up to approximately 30 people within the restaurant. Currently there are two buildings located on the Property. The north building (1,056 sf) currently houses a Chinese Day Care facility, with the south building (3,444 sf total) currently housing Brank Ink., a custom graphic and signage business. Peak hours associated with the Chinese Day Care are from 7:30am to 9am and 4:30pm to 5:30pm in the evenings (drop off and pick-up times). Both businesses currently located on the site are not open on the weekends. Busters anticipates having a total of 6 employees, of which 3 will be working on the busiest shift (typically nights/weekends). Parkin Existing On -Site Parking The Applicant provided a site plan with the Application (See Exhibit B: Applicant's Application) that indicates a total of 51 parking spaces on the property. However, after conducting a site visit and utilizing multiple aerial photographs, it appears that while there may be room for 51 cars to physically be parked on the property, as indicated by the Applicant, the parking spaces that meet City Code (size, spacing, handicap accessible, drive aisle requirements, etc.) totals 37 parking spaces on site. There are currently 6 parking spaces (1 reserved for handicap parking) on the south side of the northern building (Chinese Day Care); 6 parking spaces (two reserved for handicap parking) along the north side of the southern building; 12 parking spaces to the east of the southern building; 11 parking spaces along the east boundary of the property; and 2 parking spaces in the northwest corner of the site. All other parking as shown on the Applicant's site plan (spaces 1-4 and 26-33) are drive aisles required for safety and circulation on the property. Off -Site Parking Parking is prohibited along this portion of Kenzie Terrace as marked with the "No Parking Signs" along the corridor. Lowry Avenue does not currently prohibit parking along the north portion of the roadway located within the City limits; however a maximum of 5-6 cars could realistically park in this area, however is discouraged given the low density residential neighborhood adjacent. In any regard, these 5-6 spaces do not count toward the total minimum on-site parking requirements. Minimum Parking Space Requirements Chapter 152.179 (A) (5) outlines the "minimum number of spaces" required with each use in the City. The Applicant is proposing a restaurant within the C — Commercial District. The City Code has three classifications for parking that may be considered for the proposed use, including: (c) Churches, clubs, and restaurants must have a number of parking space which is no less than the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each employee on the largest shift (15 parking spaces required); or (f) Uses in the C District must have at least 1 parking space for every 300 square feet of gross floor area (5 parking spaces required); or (1) Fast food, take out, and convenience restaurant must have at least 1 parking space for every 50 square feet of gross floor area, plus 1 parking space for every 3 seats, plus 1 parking space for every employee on the largest shift (42 parking spaces required). When considering which type of use is most appropriate in terms of parking requirement category as listed above, it would appear that (f) uses in the C District is not the most appropriate as the November 17, 2014 Page 3 proposed use is more intense in nature than an office space, personal service business, retail business or other permitted use in the C -Commercial District. Therefore, (c) or (1) appear to be the most appropriate category to consider. When looking at the definition for "Fast Food Restaurant" in Chapter §152.008: Definitions, a Fast Food Restaurant is defined as "a restaurant in which the primary method of dispensing and selling food is over the counter directly to the customer for consumption on the premises or elsewhere, excluding restaurants in which more than 20% of the gross sales are through table service". While the Applicant did not provide the breakdown of sales anticipated, the indication that it will "focus strongly on take-out and delivery". It is unknown at this time (as this is the first business of its kind) if Busters falls more in line with a traditional fast-food restaurant similar to a Culvers or Wendys, or if it falls more in line with an Applebees (with Car -side To Go). Given the size of the use, and the Applicant's indication for "focusing strongly on take-out and delivery', Staff has concluded that the use tends to fit into the context of provision (1) fast food, take out, and convenience restaurant, thus requiring a greater amount of parking on-site, and therefore Staff concluded that a variance is needed. In this instance, a total of 53 parking spaces are required. If the Planning Commission and City Council interpreted the use differently (classifying as (c) Churches, clubs, and restaurants) a total of 26 parking spaces are required. Alternatively, an average or middle ground of the two categories (perhaps a restaurant like Panera Bread, Smash Burger, and the like — both sit-down and take-out and generally of a faster nature) would require 40 parking spaces. Given the fact that the site can only accommodate up to 37 parking spaces, Staff has determined that a variance is still required under this interpretation. Vehicular Circulation The site can be accessed from any of the three access points; one from Kenzie Terrace to the north, and two from Lowry Avenue to the south. Drive aisles encompass the site, providing safe circulation within the Property. The uses currently located on the Property are generally of a low intensity use that does not generate a significant amount of traffic on a daily basis. Both uses currently on site are also closed on the weekend. The proposed restaurant use is anticipated to generate 40-60 trips per day based on the Institute of Traffic Engineers (ITE) Code. This number accounts for deliveries, garbage hauler pick-up, etc. Is appears that both Kenzie Terrace and Lowry Grove can adequately accommodate this anticipated traffic. Pedestrian Circulation A sidewalk currently exists along Kenzie Terrace, with a connection to the north building on the property as well as the parking lot to access the south building. A sidewalk also exists along the north side of the south building where the Applicant is proposing the restaurant use. Hours of Operation The proposed hours of operation will be from 11am to 11pm Sunday through Thursday, and Ilam to lam Friday and Saturday. The Applicant has indicated the business's peak hours will be 6pm to 9pm seven days a week. The proposed hours are similar to other like -businesses within the area (i.e. Village Pub). Signage The Property currently has a rooftop sign frame that the Applicant is proposing to reface. The sign is 56 sf in area (4'- %" x 14'-3 X") and is proposed to be an illuminated cabinet sign. 35 36 November 17, 2014 Page 4 2. Applicable Codes Relating to Conditional Uses. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES (WITHIN THE C DISTRICT) (P) states that "Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district' is permitted in the C District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The Property at 2510 Kenzie Terrace is located within the C -Commercial Zoning District, which allows restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district' as a permitted conditional use. Criteria met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions have been described in this report and are included in the draft resolution for consideration. Criteria met. Conditions include: 1. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site plan showing the proposed dumpster and screening location shall be submitted, reviewed and approved by the City Planner prior to installation. 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the building between the hours of 10:00pm and 7:OOam. 5. Any lighting associated with, or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. A lighting plan must be submitted, reviewed and approved by the City Planner prior to installation. 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity include single family residential homes east and south, high density residential to the northeast, a vacant parcel to the west and commercial uses and single family residential (Lowry Grove) to the north and northwest. Similar restaurant uses have been located within this site in the past. It is unknown, however, how much seating there was associated with the previous uses or the intensity of those restaurants in terms of November 17, 2014 Page 5 traffic. The Applicant's proposed restaurant concept appears to require more parking (when combined with existing uses on the Property) than currently existing on site. This could result in overflow parking on public streets within the neighborhoods to the south, which may be bothersome. Additionally, having the business open until lam may have an impact on noise associated with patrons leaving the restaurant in the morning hours. These hours are not unlike other restaurant establishments in the area (i.e. Village Pub), although the neighborhood characteristics surrounding the Village Pub are different than the Property located at 2510 Kenzie Terrace, as it is surrounded by other commercial property, a larger intersection, and limited single family residential uses adjacent. On the other hand, having restaurant within walking distance from residential uses promotes walkability and provides the neighborhood with another dining option within their immediate neighborhood. Restaurant uses have occurred on the Property in past and have been seen as a benefit to the area. Criteria met. 4. The use will provide a service or o facility which is in the interest of public convenience and will contribute to the general welfare. Having a variety of dining options within a community is a convenience that serves the entire community and surrounding area. Having dining options within walking distance of your residence is an added benefit that not all areas throughout the community have. Additionally, the space is currently vacant and therefore the property is underutilized. Adding a restaurant business will fill the space and add some vibrancy to the area. Criteria met. 4. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The site currently has 37 parking spaces. A fast food, take out, and convenience restaurant requires 42 parking spaces in addition to the existing uses on site ( 11 parking spaces for a total of 53 parking spaces). Not meeting these criteria fits within the scope of the variance section. Criteria met. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code, The property owners propose to fill an existing vacant portion of a commercial building with a restaurant, which is a commercial use. Restaurant uses have existed in this location in the past. While the nature of the restaurant (intensity) is relatively unknown, the Applicant's statement to "focusing strongly on take-out and delivery", in addition to the 30 seats available for a dine -in experience, lend the need for additional parking. Having a restaurant use in a commercially zoned district is reasonable use of the property. Criteria met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner,• The Property is zoned C -Commercial and is located directly adjacent to a residentially zoned district. The existing buildings and parking lot layout and sizing have been in place for several decades. Restaurant uses have been located here in the past as well. The need for the variance was not created by the property owner. Criteria met. 37 38 November 17, 2014 Page 6 c. The variance, if granted, will not alter the essential character of the locality; and If the variance is granted, the use of the Property as a commercial district will not change. The mixture of uses between commercial (service) type uses and residential uses has existed for several decades. While it is acknowledged that having a restaurant will increase the intensity of the use (as opposed to the existing vacant space), having this mixture of uses promotes the visions of the City by creating a sustainable and walkable environment. The building will not be altered physically in any way (besides new signage) and the overall site and parking layout will remain the same. Criteria met. d. Economic considerations alone are not the basis of the practical difficulties. The basis for the practical difficulties is that the parking lot is existing in its current layout and size. It does not appear that economic considerations alone are the basis of the practical difficulties. Criteria met. 3. The variance, if granted, would be consistent with the City's comprehensive land use plan. If the variance is granted the use of the property would remain the same land use as it is today, commercial. The comprehensive plan guides this area for commercial use and the proposed restaurant use will not alter that use. Criteria met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: a. Protect the use districts; The proposal would not change the use of the property. The current use (and proposed use) as a commercial business is consistent with the City Code and uses outlined within. Criteria met. b. Promote orderly development and redevelopment The proposal seeks to fill a currently vacant portion of a commercial building that has been used as a restaurant use in the past. Having dining options within walking distance from single-family residential neighborhoods encourages walkable and sustainable neighborhoods. Criteria met. c. Provide adequate light, air, and access to property; The proposal would not negatively impact adequate light or air from reaching the property or adjacent properties as the existing buildings and site layout will not be modified as part of the proposal. Criteria met. d. Prevent congestion in the public streets, While additional vehicle and pedestrian trips will be made to and from the site with the addition of a restaurant use, the proposal is not anticipated to have an impact on the traffic or congestion in the public streets. If all parking spaces are fully utilized within the existing parking lot, it is possible that vehicles could overflow into the surrounding public streets. However, given the hours of operation of the other businesses located on site, and the nature of the business to have quick turnaround (pick-up and deliver) of customers, it is anticipated that parking and traffic can be handled adequately on the Property. Criteria met. November 17, 2014 Page 7 e. Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; Allowing the requested variance will not result in overcrowding of the land or an undue concentration of structures as the buildings will not be altered from existing conditions on site. Criteria met. f. Provide for compatibility of different land uses; The proposal will not result in a change of land use, nor is it seen conflict with adjacent land uses. Having a mixture of uses and services within a close proximity to one another promotes the City's visions of having a sustainable and walkable community. Criteria met. CONCLUSIONS The Property has been utilized for commercial uses for the past several decades, and has been in close proximity to single-family residential land uses. The existing buildings on site will not change in any way (other than proposed signage along the north side of the southernmost building), nor will the layout of the existing parking lot. Having a restaurant use occupy a portion of the south building will provide an alternative dining option for residents within the immediate area and throughout the community and surrounding area. The location of the site also lends itself well to opportunities for residents and neighbors to walk to the property as opposed to traveling by vehicle. While it is acknowledged that traffic may increase to and from the Property over existing site conditions (having a vacant space), the hours of operation, size of the restaurant, number of employees and ability to share parking with the other two tenants appears to be reasonable. ACTION 1. Request Additional Information and Continue the Public Hearing. The only item of additional information from the Applicant that may be useful to the Planning Commission may be some detail on the rationale for the size and shape of the proposed addition. Otherwise, the Applicant has provided all of the required information for the Planning Commission's evaluation. Should the Planning Commission request additional information from the Applicant, the Planning Commission should continue the public hearing until a later time. 2. Recommend Approval (with or without conditions) of the Variance. In the event of a recommendation for approval (with or without conditions), the Planning Commission may refer to Exhibit D and may modify the draft resolution for approval to include any conditions that it deems necessary. 3. Recommend Denial of the Variance. In the event the Planning Commission chooses denial of the requested variance, it should clearly state its reasons for the denial recommendation and direct staff to prepare a resolution. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Draft Resolution of Approval 39 �^w �'�3��' � -. ,,i � -•ate` ���.�. ♦,16S:tF.dL R�Y1R4�:IIfSlA�`++' a ;�'„�'.,.tiµ ��'. Li 1'tr,�3� We of WS 41 Easternmost parking lot drive -aisle access from Lowry Avenue 42 2510 Kenzie Terrace CUP and Variance Requests - Continued City Council Meeting February 10, 2015 aintnthoiry I�;c INSB 1/27/2015 1 000 01- e Terrace • Public Hearing held November 24, 2014 • City Council Meeting on December 9, 2014 — Tabled decision and sent back to PC for further review • Restriction on hours of operation; and • Additional screening along the south property boundary (Nin thon� 1/27/204� 2 M, W"ie Terrace • Hours of Operation — Proposed: 11am-11pm Sun through Thurs 11am — lam Fri and Sat — (Dec 9 CC Mtg) — • Increased orders for delivery and/or takeout between 10:00pm and 1:00am • 70% of business • Dine -in closed at 10:00pm ain tho_iry wwTerrace • Hours of Operation — Consideration — limit the hours of operation — "Hours of operation shall be limited until llpm Sunday through Thursday and lam Friday and Saturday night. The dine -in portion of the restaurant shall cease at 10pm every night. All delivery vehicles after 10pm must park on the north side of the building located at 2510 Kenzie Terrace to minimize headlight glare onto the neighboring single-family residential areas to the south." aio a thC� — 1/27/201s- 3 1/27/248 'e Terrace Moo"' � • Hours of Operation — PC recommended extended hours of operation for delivery and takeout orders only on holidays and the eve of a holiday that occur Sunday through Thursday (i.e. open until lam as opposed to llpm) ain thorry --- i a Cl NNWrace Nours of Nopperation — 2015 Federal Holiday schedule: xewr«ra Day mersmy,l««rvl ennaayoemamn luMmlNnyn. Monday, January is PmaMNHa Day Monte, February 16 Memorial Day Monday, May 35 Indepandana Dry SaWrday,luly0(mtappliGble) labor Day Monday, September) Columbus Day Monday, O Vober Si Vmenm Day Wednesday, November 31 ThankglyNg Day Thurstlay, November 26 dlllxrMa Diy frlaay, December 25 — Not recommended taigtjijj�DthU, MR ie Terrace • Screening — 2 access points of/onto Lowry Avenue to the south — Opaque fence located along southern portion of the property between mature trees — Parking spaces exist to the east and north of the existing building • 6 of which face south • 1-2 spaces not screened currently (due to site layout) ain Chary e Terrace Tom�T* V .i am tho� — -- ------ A OW 1/27/201" 5 /.g�a/, �. 61 rl M 1/z7/204� ie Terrace I ��,,SS77atnth (orry 50 • Screening — Limited options exist for additional screening — Planning Commission may consider: • "Additional natural landscaping/screening is required along the west side of the existing easternmost drive -aisle to/from Lowry Avenue along the south border of the Property. Screening shall consist of coniferous shrubs and/or trees, in a quantity adequate to visually screen as much of the parking lot area as feasible, and shall be at least three (3) feet in height. All screening must comply with the City's vision triangle standards to ensure adequate clear lines of vision at the intersection of the parking lot drive -aisle to ensure traffic and pedestrian sightlines and safety." *012 in 1Ir i a C% 1/27/2015 0 2510 Kenzie Terrace Questions? ain thorry A * a (% 1/27/2(!15 10 52 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-015 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW A RESTAURANT TO BE LOCATED LESS THAN 250 FEET FROM A RESIDENTIALLY ZONED DISTRICT AND A VARIANCE FROM THE MINIMUM REQUIRED PARKING STALLS ON THE PROPERTY LOCATED AT 2510 KENZIE TERRACE WHEREAS, the City of St. Anthony Village received a request from the Applicant Joel Janssen on behalf of the Owner R.J. Ruppert Trustee for a conditional use permit (CUP) to allow a restaurant to be located less than 250 feet from a residentially zoned district and a variance from the minimum required parking stalls on the property located at 2510 Kenzie Terrace on October 14, 2014, legally described as follows: Lot 2, Block 1, KENZIE TERRACE ADDITION WHEREAS, the Property located at 2510 Kenzie Terrace is located within the C -Commercial Zoning District; and WHEREAS, restaurants, cafeterias and delicatessens located less than 250 feet from a residential structure or district are permitted conditional uses with the issuance of a Conditional Use Permit (CUP) in the C -Commercial Zoning District; and WHEREAS, the Property located at 2510 Kenzie Terrace is located immediately adjacent to a residentially zoned district; and WHEREAS, the site currently has 37 marked parking stalls for shared use between the two buildings (and three uses) on the Property; and WHERAS, the proposed restaurant use requires 42 parking stalls for a total of 53 parking stalls when combined with the other uses existing on site; and WHEREAS, the Planning Commission reviewed and considered the requests based on the related documents shown in the Applicant's application in a public hearing at their regular meeting on November 24, 2014; and WHEREAS, the City Council reviewed and considered the requests at their regular meeting on December 9, 2014 based on the related documents, testimony received during the public hearing, and requested further review by the Planning Commission; and WHEREAS, the Planning Commission further analyzed the request and considered additional conditions relating to screening and hours of operation at their regular meeting on January 26, 2015; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant's conditional use permit and variance requests based on the following findings: 1. The requested conditional use permit (CUP) is consistent with all of the standards for granting a conditional use permit as described in Section § 152.243 of the St. Anthony 53 Village Zoning Code. More specifically, the City Council finds that the required conditional use permit is justified for the following reasons: a. The restaurant use is one of the conditional uses specifically listed within the C - Commercial Zoning District in which the Property is located in. b. The City has specified all conditions which the City Council has deemed necessary to make the use compatible with other uses in the area; c. The additional dining option within close proximity to single-family and high- density multiple -family residential uses will provide a mixture of uses in the neighborhood, which will promote walkability and sustainability, which contributes to the health, safety and welfare of the persons residing or working in the vicinity; and d. The proposed restaurant use will provide a service which in the interest of public convenience and will contribute to the general welfare. 2. The requested variance is consistent with all the standards for granting a variance as described in Section § 152.245 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the requested variance is justified for the following reasons: a. The Applicant proposes to use the property in a reasonable manner. A restaurant use is common within commercially zoned districts and has previously been located on this Property. b. The site layout in terms of size and location of the existing buildings and parking lot area will not change with the proposal of locating a restaurant within the vacant portion of the southernmost building. Limited parking stalls are a circumstance unique to the Property, and were not created by the Applicant. c. Granting the variance will not alter the essential character of the locality, as the Property will remain a commercially zoned property which permits a variety of uses including restaurant uses. d. Economic considerations alone are not the basis of the practical difficulties. e. Granting the variance is consistent with the City's comprehensive land use plan and is in harmony with the general purposes and intent of the City's Code relating to protecting the use districts. The use of the Property will remain the same as it is today. f. Granting the variance from the minimum required parking stalls will not impact the amount of adequate light, air and access to Property or neighboring properties. g. Allowing the variance is in harmony with the general purposes and intent of the City's Code relating to preventing congestion in public streets. The project will have no impact on congestion as both Kenzie Terrace and Lowy Avenue can 54 adequately accommodate the anticipated traffic generated from the commercial use. h. Allowing the variance is in harmony with the general purposes and intent of the City's Code to provide for compatibility of different land uses. The project will have no impact on land use compatibility, and will encourage walkable and sustainable neighborhoods through a variety and mixture of uses in close proximity. i. Allowing the variance is in harmony with the general purposes and intent of the City's Code to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and densities. The variance will not result in overcrowding or concentration of buildings as the site layout will not be modified with the proposed restaurant use. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the requested conditional use permit and variance is contingent on the following: 1. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site plan showing the proposed dumpster and screening location shall be submitted, reviewed and approved by the City Planner prior to installation. 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the building between the hours of 10:00pm and 7:OOam. 5. Any lighting associated with, or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. A lighting plan must be submitted, reviewed and approved by the City Planner prior to installation. 6. Hours of operation shall be limited until 11 pm Sunday through Thursday and 1 am Friday and Saturday night. The dine -in portion of the restaurant shall cease at 1 Opm every night. All delivery vehicles after l Opm must park on the north side of the building located at 2510 Kenzie Terrace to minimize headlight glare onto the neighboring single-family residential areas to the south. 7. Additional natural landscaping/screening is required along the west side of the existing easternmost drive -aisle access to/from Lowry Avenue along the south border of the Property. Screening shall consist of coniferous shrubs and/or trees, in a quantity adequate to visually screen as much of the parking lot area as feasible, and shall be at least three (3) feet in height. All screening must comply with the City's vision triangle standards to ensure adequate clear lines of vision at the intersection of the parking lot drive -aisle to ensure traffic and pedestrian sightlines and safety. Adopted this 10`h day of February, 2015. ATTEST: Barbara J. Suciu, City Clerk Review for Administration: Jerome 0. Faust, Mayor Mark Casey, City Manager 55 56 THIS PAGE LEFT INTENTIALLY BLANK 57 SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-016 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT AGREEMENT AND THE PLANNED UNIT DEVELOPMENT ORDINANCE RELATED TO THE PROPERTY LOCATED AT 3055 OLD HIGHWAY 8 (PID 0602923410140 AND PID 0602923410139) IN SAINT ANTHONY VILLAGE, HENNEPIN COUNTY, MINNESOTA WHEREAS, on February 14, 2012, the ABU-HURAIRA ISLAMIC CENTER and MUXAMEDRASHID ALI (collectively, "Property Owner"), applied for a Conditional Use Permit ("CUP") to operate an assembly and other related uses within the Light Industrial district at the St. Anthony Business Center, 3055 Old Highway 8, St. Anthony, Minnesota 55418, PID 0602923410140 AND PID 0602923410139 ("the Property"); and WHEREAS, on March 13, 2012, the City Council passed an interim ordinance imposing a moratorium on the issuance of CUPS for assemblies, meeting lodges, or convention halls in the City's LI — Light Industrial and C- Commercial Districts. At this time, the City Council also passed a resolution authorizing City staff to conduct a study regarding the regulation of assemblies, meeting lodges, and convention halls in the LI — Light Industrial and C — Commercial Zoning Districts; and WHEREAS, on June 12, 2012, the City Council held a public hearing and voted to deny the Property Owner's application for a CUP; and WHEREAS, the United States of America ("United States") filed a complaint against the City under the Religious Land Use and Institutionalized Persons Act of 2000 in Federal District Court; and WHEREAS, the Property Owner initiated related actions in Federal and State District Courts; and WHEREAS, on December 11, 2014, representatives of the Property Owner and the U.S. Department of Justice with appropriate settlement authority, met in a settlement conference along with City representatives who were authorized by the City Council to negotiate a settlement, subject to approval by the City Council, under direction of the U.S. District Court (the "Settlement Conference"); and WHEREAS, the Settlement Conference culminated in the parties agreeing to certain material settlement terms, subject to City Council approval, including allowing the Property Owner specified uses of the Property through the process of a Planned Unit Development ("PUD") as provided in Chapter 152 of the City Code; and WHEREAS, the parties at the Settlement Conference, to the extent of their authority at the Settlement Conference, agreed that would apply for the Property to become subject to a PUD to be approved by the City Council; and W-0 WHEREAS, the parties acknowledged and recognize that the approval of a PUD was an essential condition of the settlement and that certain City processes must be undertaken for the City Council to review and make a decision with respect to a PUD application; that at the Settlement Conference, city representatives assured the federal court that they would advocate for approval of the PUD, but that nothing in this Agreement commits or binds the City Council to approve the PUD; and WHEREAS, All requirements of City Code § 152.209 have been met the satisfaction of the City Council; and WHEREAS, To allow for the Property Owner to use the Property for religious assembly and a mixture of office space, medical office space, personal service needs, and other uses, the City must approve the Planned Unit Development Overlay Zoning District. NOW, THEREFORE BE IT RESOLVED, that the City Council of Saint Anthony Village does hereby approve the following: 1. City Ordinance No. 2015-01, which amends the zoning to create a Planned Unit Development Overlay Zoning District for the Property; 2. Planned Unit Development Agreement (the "PUD Agreement"), dated February 10„ 2015, between the City and the Property Owner to implement the requirements of the Planned Unit Development Overlay Zoning District for the Property; Adopted this 10th day of February, 2015. ATTEST: Jerome O. Faust, Mayor Barbara J. Suciu, City Clerk Review for Administration: Mark Casey, City Manager 2 aoillla'ery h -LVAr lA 4 1TAI IMA, To: Honorable Mayor and City Council Members Mark, Casey, City Manager From: Kelsey Johnson, AICP, City Planner Date: January 27, 2015 City Council Regular Meeting for February 10, 2015 WSB Project No. 02170-002 Request: Request to Create a PUD — Planned Unit Development Overlay District on the Property Located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) RECOMMENDATION The Applicant's request for the creation of a PUD — Planned Unit Development Overlay District to allow additional permitted uses as agreed to by the City Council as part of the Settlement Agreement are reasonable and consistent with the intent of the Zoning Ordinance and the City's Comprehensive Plan. Based on the review, staff recommends approval of the requested PUD — Planned Unit Development Overlay District for the property located at 3055 Old Highway 8 subject to the conditions as outlined in Exhibit C. The Planning Commission held a public hearing at their regular meeting on January 26, 2014 and recommended approval of the request with a 7-0 vote. GENERAL INFORMATION Applicant: Timothy J. Keane on behalf of Muxamedrashid Ali and Mr. Michael Medina Owner: St. Anthony Business Center Corporation Location: 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) Existing Zoning: LI — Light Industrial Surrounding Land North: High Density Residential / zoned R4 — Multiple Dwellings Use / Zoning: East: Commercial/Industrial / zoned LI — Light Industrial (City of Roseville) South: Industrial/ zoned U — Light Industrial West: Low Density Residential / zoned R1- Single Family Residence Deadline for Agency Application Date: 12-18-14 Action: 60 Days: 02-15-15 Letter Sent: N/A 120 Days: 04-16-15 59 60 January 27, 2015 Page 2 CONSIDERATIONS RELATING TO THE PROPOSED REZONING 1. Background On February 14, 2012, an application was filed by the Applicant requesting a Conditional Use Permit (CUP) to allow an assembly at 3055 Old Highway 8. On March 13, 2012, the City Council passed an interim ordinance imposing a moratorium on the issuance of Conditional Use Permits (CUPS) for assemblies, meeting lodges, or convention halls in the City's LI — Light Industrial and C- Commercial Districts. At this time, the City Council also passed a resolution authorizing City staff to conduct a study regarding the regulation of assemblies, meeting lodges, and convention halls in the LI — Light Industrial and C — Commercial Zoning Districts. On June 4, 2012, the Planning Commission held a public hearing to consider the CUP request and recommended approval of the CUP for an assembly at 3055 Old Highway 8 subject to a number of conditions. On June 12, 2012, the City Council held a public meeting on the requested CUP and voted to deny the request. On August 27, 2014, the United States filed a Complaint against the City for violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. On December 11, 2014, after a settlement conference, the City agreed, in principle, to create a Planned Unit Development (PUD) for the properties at 3055 Old Highway 8 to allow for uses as listed below in Section 2: Request. On December 23, 2014, the City Council adopted Resolution 14-088 approving the Consent Order in the Federal Court Matter Captioned United States of America vs. City of Saint Anthony Village, Minnesota and the Contingent Settlement Agreement in the Federal and State Court matters captioned Abu-Huraira Islamic Center and Muxamedrashid Ali vs. City of Saint Anthony Village. 2. Request The Applicant is requesting the creation of a PUD — Planned Unit Development Overlay District on the property located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) to permit the following land uses as "Permitted Uses": 1. Religious Assembly at times chosen by the Property Owner to include without limitation, prayer services, religious education, weddings and other religious ceremonies and observances limited to the lower level (11,655 square feet) and a limited portion of the main level (1,286 square feet) consisting of a total of 12,941 square feet of the approximately 105,000 square foot building; 2. Adult day care; 3. Clinics for medical/dental/and behavioral health; and 4. All other permitted uses in the Light Industrial District. The Applicant re -submitted information from the original submittal, dated February 14, 2012, which indicates the lower level of the building comprises approximately 13,280 square feet total. The space identified for "religious assembly, prayer services, religious education, weddings and other religious ceremonies and observances" is 12,941 square feet total (11,655 in the lower level and 1,286 square feet on the main level). The entire building is approximately 105,000 square feet. The remainder of the building (the three story office tower and first level of the south building) would allow for uses permitted in the PUD as shown in Exhibit C. 61 January 27, 2015 Page 3 On January 19, 2015, the City received notice from the Applicant that they would like "Wellness . facility for exercise and corporate fitness center for building tenants" removed from the request as originally requested and shown in Exhibit B: Application and Supporting Materials. 3. Overview. Building and Site Layout No exterior expansions or modifications to the existing building are proposed with the creation of the PUD zoning (PUD preliminary and final plans and site plan) application. The parking lot layout and green space design are proposed remain the same over existing conditions. The religious assembly, which includes without limitation, prayer services, religious education, weddings and other religious ceremonies and observances, is proposed to be located in 11,655 square feet of the lower level (basement) of the existing southernmost building as well as a small portion (1,286 square feet) of the main level of the southernmost building. The interior will be modified to meet current building and fire codes. The main floor of the southernmost building as well as the entire north building would remain as space to be utilized by tenant of uses permitted by the PUD Ordinance as shown in Exhibit C. Hours of Operation Per the settlement agreement, the religious assembly, which includes without limitation, prayer services, religious education, weddings and other religious ceremonies and observances, would be allowed "at times chosen by the Property Owner". The remainders of permitted uses allowed by the PUD Ordinance as listed in Exhibit C are not subject to restricted hours of operation. Staffing As indicated in the 2012 submittal, the Abu-Huraira Islamic Center will be staffed by four (4) people. The Applicant has not indicated a change in this number at this time. Parking and Traffic Title XV, Chapter 152, Section §152.179 (A) ON SITE PARKING (5) MINIMUM NUMBER OF SPACES indicates that churches, clubs and restaurants must have a number of parking spaces which is no less than the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each employee on the largest shift. On May 15, 2012 staff presented information to the Planning Commission relating to the amount of parking needed for the Conditional Use Permit (CUP) request at that time for the religious assembly area, since that had more restrictive parking requirements (as stated above) than the general parking requirements for light industrial uses. As indicated by the Applicant in 2012, the religious assembly areas can accommodate a total of 261 persons. Taking 261 and dividing it by 2.5 results in a demand of 105 parking spaces. Additional staff (four persons) parking requirements bring the total number of spaces needed for the uses proposed as part of the PUD Ordinance to 109 spaces. At the May 15, 2012 meeting, the Planning Commission asked staff to further investigate how many additional parking spaces would be needed if lounges were included in the total since they would be part of the religious assembly. The lounges would add a total of 139 "seats". Dividing 139 by 2.5 results in 56 additional spaces needed for parking. Thus, the total amount of parking required for the religious assembly, under a scenario where the lounges were taken into account, would be 165 spaces. Title XV, Chapter 152, Section §152.179 (A) ON SITE PARKING (5) MINIMUM NUMBER OF SPACES indicates that light industrial, manufacturing, testing and research uses must have 1 space for every 62 January 27, 2015 Page 4 1,000 square feet of building floor area. The building, minus the area proposed for the religious assembly (12,941 square feet) is 90,520 square feet. Thus, at least 91 spaces must be on the site to serve the remainder of the building. In 2009, a Conditional Use Permit (CUP) was issued for a daycare center at this location. Part of the approval of the CUP included providing parking at higher levels than the 1 space per 1,000 square feet for light industrial uses. Required parking included one space for each employee on the largest shift and one visitor space for every 10 children. Based today's staffing and enrollment, 12 spaces are needed. It is likely that if an "adult daycare" use is requested at this site, a similar parking ratio would be applied, which would be evaluated at that time. With the additional parking for lounges, a total of 266 spaces would be needed to serve the entire site (165 for Islamic Center, 89 for the remainder of the building (less the daycare space), and 12 for the daycare space). In 2012, the Applicant indicated that the amount of parking currently (legally) available is 283 spaces between the two parcels of land. The Applicant also indicated that the existing spaces exceed the minimum requirements (width and length) of the City and that the lot could be restriped to gain an additional 20 parking spaces, bringing the total available parking to 303 stalls. The parcel with the existing building on it (PID 0602923410140) does not currently have enough parking to service all of the proposed uses. Parking will be needed from the adjacent parcel to the north (PID 0602923410139) in order to meet the parking requirements of the City's Zoning Code. Combined, the two parcels have a total of 283 parking stalls, which exceeds the larger parking requirement of 266 spaces. As a result, staff is recommending that the City Council approve a lot combination of the two separate parcels into one parcel pursuant to Section §151.08 of the City Code. Staff is also recommending that the Property Owner/Applicant submit proof to the City that the two parcels have legally been combined within 180 days of the signed Development Agreement. Staff is recommending that changes in occupancy or uses within the existing building (be them permitted uses or conditional uses with the issuance of a CUP) should be reviewed and approved by the City Manager to ensure that there is adequate parking space available to accommodate all uses on the property. Additionally, staff is recommending that within one (1) year of issuance of an occupancy permit, the Property Owner/Applicant must perform a parking study in a form approved by the City Engineer to determine if parking demand caused by the proposed uses on the Property is sufficient to warrant the available parking area to be re -striped to the City minimum standards of 9 feet by 19 feet stalls. Voluntary re -striping of the parking area to meet this standard at an earlier date will also satisfy this condition. Staff is also recommending that only those vehicles accessory to principal uses located within the existing building are permitted to be parked on the site at all times. Signage The Applicant has not submitted a sign request at this time. The Applicant/Property Owner must obtain a sign permit from the City prior to the installation of any signage on site. All signs must comply with Chapter 155 of the City Code. 4. Applicable Codes. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.209 PROCEDURE FOR PROCESSING A PUD outlines the process by which the Applicant must follow upon requesting the creation of a PUD — Planned Unit Development. January 27, 2015 Page 5 Title XV Land Usage, Chapter 152 Zoning Code, Section §152.203 ALLOWED USES states that, "in some unique situations, the PUD may allow the approval of use or uses that are not listed as either permitted or conditional uses in any underlying zoning district. The specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses, which shall become permitted uses if the final development plan is approved. Any change in the uses presented in the final development plan will be considered an amendment to the PUD and must follow the procedures specified in this subchapter." RECOMMENDED ACTION 1. Approval (with or without modifications) of the PUD Ordinance. In the event of a decision to approve (with or without modifications) the Applicant's request, the City Council may refer to Exhibit C and may modify the draft ordinance to include any performance standards that it deems necessary. 2. Denial of the PUD Ordinance. In the event the City Council chooses denial of the requested PUD Ordinance, it should clearly state its reasons for the denial. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: PUD Ordinance 63 64 Exhibit A: Location Map r b aY AA p _ y � t 0, U Vain thoon ilia e Cy qP t • L M • 1 in = 200 ft N A January 20, 2015 Map bv: WSB & A smiates 65 �ain ntho-,ny Cella f l� 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Office: (612) 782-3301 Fax: (612) 782-3302 www.ci.saint-anthony.mn.us Address of Property Involved: 3055 Old H Property iD Number: 06-029-23-41-0140 Legal Description: See attached Ex. A Applicant Information Applicant Name: Abu-Huraira Islamic Center Applicant Address: 3055 Old Highway 8 Applicant Telephone Number: (612) 876-2839 Applicant Fax Number NA P Applicant Email Address: abuusaalix95@gmail.com Property Information Property Owner (if different from above): Owner Address: Owner Telephone Number: Owner Email Address: Type of Request (Check All that Apply) Appeal ($100 fee) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial ) Conditional Use Permit (CUP) ($200 fee+ $450 escrow if residential; $850 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) -For Office Use Only - Planning File Number Project Number Application Submittal Date 12/18/2014 Application Completed Date Fee Paid Receipt Number Planning Commission Meeting Date 1/26/2015 Council Decision Council Decision Date Other: Minor Subdivision/Lot Split ($250 fee + $1,250 escrow) X Planned Unit Development (PUD) ($750 fee + $2,500 escrow) G4 ` &ti) . Rezoning ($500 fee + $750 escrow) ._ Zoning Text Amendment ($500 fee + $750 escrow) it Site Plan ($250 fee + $450 escrow) Preliminary Plat ($500 fee + $500 escrow) Variance ($200 fee + $450 escrow if residential; .. Final Plat ($500 fee + $500 escrow) $850 escrow if commercial/industrial) Ury aln,iun is ru be a prr�,grrx,irr wed lirahlr crnunnuri(11 it �, alkahk rilluge, whit h i, %mtai iable, ut/r mid ,rove. Description of the Request (OR a separate detailed narrative explaining the project): See accompanying narrative. Filing and Information Reauirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional requirements can be found at www.ci.saint- anthonv.mn.us. Incomplete Applications and Submission Deadline A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the meeting of the Planning Commission or City Council meeting at which the request will be heard. Submission of an incomplete application may delay the processing of your land use request. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published. Upon submission of a complete application, state statute requires that a decision be issued within 60 days regarding each request; however, a 60 -day extension may be obtained if more time is needed. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Agenda Deadline and Meeting Schedule Planning Commission meetings are typically held on the fourth Monday of every month at 7:00 p.m., while City Council meetings are held typically the first and third Tuesday of every month at 7:00 p.m. Meeting dates and times are subject to change so please contact City Hall to verify the meeting date and time. All meetings are held at the St. Anthony Community Center in the Council Chambers, 3301 Silver Lake Road, St. Anthony, Minnesota 55418, unless otherwise stated. Applications are advised that additional meetings and/or workshops are scheduled when necessary. Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the city has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. i understand that approval from other agencies may be required before commencement with the stated project. December 17, 2014 ►'rah On,— Property Owner Signature (Required) Date Applicant Signature (If different than the property owner) Date Please contact the City Planner at 763-287-8521 or planner@ci.saint-anthony.mn.us if you have any questions regarding this application. May 2013 67 ME EXHIBIT A PARCEL l: That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast comer of said Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast comer of the North 350 feet of said Southeast Quarter of the Southeast Quarter, thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeaster Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning. Lying Northerly and Northeasterly of the following described line: Commencing at a point on the East fine of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast comer of said Northeast Quarter of the Southeast Quarter, thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarterdistant 615.35 feet West from the Southeast comer of the North 3$0 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds Past, a distance of 260.03 feet to the Southeasterly line of the above described property and said line there terminating. The boundary lines of part of the above land have been judicially determined and are marked by Judicial Landmarks. Being Torrent property. Certificate No.: 1332881 PARCEL 2: That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter of Section 6,Township 29, Range 23, described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast comer of said Northeast Quarter of the Southeast Quarter, thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 86433 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter, thence East along said South line 95.58 fat; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning. EXCEPT that part lying Northerly and Northeaster of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 fat South from the Northeast comer of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southeasterly, along a line that intersect a point on the South lire of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distant of 188,.86 fat and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. The boundary lines of part of the above land have been judicially determined and are marked by Judicial Landmarks. Being Tmrens property. Certificate No.: 13288 Mr. Mark Casey City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418-1667 Re: Application for Planned Unit Development 3055 Old Highway 8 Abu-Huraira Islamic Center Dear Mr. Casey: On behalf of and with the authorization of, Abu-Huraira Islamic Center (AHIC), this letter constitutes the application for a Planned Unit Development (PUD) as a condition of settlement in the resolution of Abu-Huraira Islamic Center and Muxamedrashid Ali v. City of St. Anthony, Civ. No. 14 -CV -3280. It is understood that this application for a PUD approval pursuant to St. Anthony City Code Section 152.200 shall consist of the 2012 conditional use permit application together with this narrative and the application form attached in support of the request for authorization of the following uses in the PUD approval for the Property: • Religious Assembly at times chosen by the AHIC to include without limitation, prayer services, religious education, weddings and other religious ceremonies and observances limited to the lower level and a limited portion of the main level consisting of approximately 12,940 square feet; • Adult day care; • Wellness facility for exercise and corporate fitness center for building tenants; • Clinics for medical/dental/and behavioral health; and • All other permitted uses in the Light Industrial District. 4812-3340-9057.1 KUTAK ROCK LLP ATLANTA O NICA00 SUITE 1750 DENVER U.S. BANK PLAZA SOUTH FAYETTEVILLE IRVINE 220 SOUTH SIXTH STREET KANEAE CITY LITTLE ROCK MINNEAPOLIS, MN 66402-4611 LOS ANGELES 612-334-6000 MINNEAPOLIS FACSIMILE 612-334.5060 OKLAHOMA CITY OMANA www.kutak,ock.com PHILADELPHIA RICHMOND TIMOTHY J KEANE SOOTTSDALE Imothy.keaneCkWakrock. COM December 17, 2014 SPOKANE (612) 334-5000 WASHINGTON. D.C. WICHITA Mr. Mark Casey City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418-1667 Re: Application for Planned Unit Development 3055 Old Highway 8 Abu-Huraira Islamic Center Dear Mr. Casey: On behalf of and with the authorization of, Abu-Huraira Islamic Center (AHIC), this letter constitutes the application for a Planned Unit Development (PUD) as a condition of settlement in the resolution of Abu-Huraira Islamic Center and Muxamedrashid Ali v. City of St. Anthony, Civ. No. 14 -CV -3280. It is understood that this application for a PUD approval pursuant to St. Anthony City Code Section 152.200 shall consist of the 2012 conditional use permit application together with this narrative and the application form attached in support of the request for authorization of the following uses in the PUD approval for the Property: • Religious Assembly at times chosen by the AHIC to include without limitation, prayer services, religious education, weddings and other religious ceremonies and observances limited to the lower level and a limited portion of the main level consisting of approximately 12,940 square feet; • Adult day care; • Wellness facility for exercise and corporate fitness center for building tenants; • Clinics for medical/dental/and behavioral health; and • All other permitted uses in the Light Industrial District. 4812-3340-9057.1 Ira KUTAK ROCK LLP Mr. Mark Casey December 17, 2014 Page 2 It is my understanding the customary application fee is waived and this matter will be scheduled for a public hearing before the City of St. Anthony Planning Commission on Monday, January 26, 2015. Should you have any questions, you can contact me at (612) 334-5015. Sincerely, Timothy J. Keane TJK/crb cc: Abdirahman Omar- Abu-fluraira Islamic Center Muxamedrashid Ali. Abu-Huraira Islamic Center 4812.3340-9057.1 3055 Old Highway 8 PUD Ordinance Request City Council Meeting February 10, 2015 ain tholry — _- AB 1 a Cl 2/4/2015 1 1 y 8 PUD • General Information Applicants: Timothy J. Keane on behalf of Muxamedrashid Ali and Michael Medina Owner: St. Anthony Business Center Corporation Location: 3055 Old Highway B Existing Zoning: Ll: Light Industrial Surrounding Land Use: North: High Density Residential; zoned R4- Multiple Family East: Commercial/Industrial; zoned Ll- Light Industrial South: Industrial; zoned U — Light Industrial West: Low Density Residential; zoned 113- Single -Family 810 th� 1 8 — 2/4/2015 1 1 VA — Feb 14, 2012 — CUP Application filed — Mar 13, 2012— Interim Ordinance Imposing Moratorium was adopted — Jun 4, 2012 - PC Public Hearing held — Jun 12, 2012 - CC Public Meeting held (denied) — Aug 27, 2014 - US filed Complaint (RLUIPA) — Dec 11, 2014 - Settlement Agreement Conference — Dec 23, 2014 - CC adopted Settlement Agreement A r= wy 8 P U D PoReaqNuest — Creation of a PUD Overlay District to permit: • Religious Assembly at times chosen by the Property Owner to include without limitation, prayer services, religious education, weddings and other religious ceremonies and observances limited to the lower level (11,655 square feet) and a limited portion of the main level (1,286 square feet) consisting of a total of 12,941 square feet of the approximately 105,000 square foot building; • Adult day care; • Clinics for medical/dental/and behavioral health; and • All other permitted uses in the Light Industrial District. aintnthony �S a C WSB 2/4/2015 2 Moo Hwy 8 PUD D• Request —January 19, 2015 • Applicant's requested removal of "Wellness facility for exercise and corporate fitness center for building tenants' from their original submittal ain thorry --- — A i a C% wSB Y 8 PUD PoRefeOrence to LI Underlying District — Permitted Uses in LI District (§152.141): • Automotive service and repair provided no junked autos are kept on the property; • Cleaning, laundering and dry cleaning facilities; • Contractors office, if equipment or materials are screened according to §152.183; • Engraving and printing; • Laboratories for research and testing; ain tho ry A 2/4/20157 3 3 74 y8 PUD PeRefePrence to LI Underlying District — Permitted Uses in LI District (§152.141), cont.: • Manufacturing of artists supplies, boats, building materials, confectionery goods, canvas, canvas products, cork products, dry goods, electric motors, generators, transformers, controls and components, electronics products and service, food stuffs (except meatpacking or slaughtering), leather products (not involving the tanning or processing of hides), machinery, machine tools, optical goods, photographic products an film processing (except film manufacture), secondary plastics products, including molding and injection processes, rubber products except primary rubber manufacturing, signs, and sporting goods; • Millworks; • Offices for administrative purposes and non -retail businesses; and ain N'�wy 8 PUD P*Refeprence to Underlying LI District — Permitted Uses in LI District (§152.141), cont.: • Warehouses, wholesalers or distributors for products permitted under division (F) above or for alcoholic beverages, chemicals, soaps, detergents, drugs, cosmetics, pharmaceuticals and toiletries, dry goods, meat and meat products, paper, paper products, steel goods, metal products which are rolled, drawn, stamped, extruded or cast, tile, brick, terra cotta, tires, automotive products, and wood products. ain thorry 2/4/2015 4 x wy 8 PUD We nce to Underlying LI District — Permitted Conditional Uses in LI District (§152.142): • Drug, cosmetic, pharmaceutical, and toiletries manufacture; • Canning or bottling other than malt products; • Enameling, painting, varnishing, lacquering, and japanning; • Freight terminals; • Meat packing which does not include the slaughtering of any kind of animal; • Steel or metal goods manufacturing processes, not involving blast furnace processes; • Catering operations and in-house cafeterias not intended for retail or public use; • Da -care center without drive-throu h facilities. ain thorry --- - i a C% NNN'M' 8 PUD • Request — Re -submittal of original submittal materials (February 14, 2012) indicating: • "Religious Assembly' = 12,941 sf — 11,655 sf in lower level — 1,286 sf on the main level • Entire Building= 105,000 sf (approx.) . ain thQrry *SB 2/4/201575 5 11u`i ,p�I^�', i 2/4/201577 8 PUD P-OvNervieWwOM' — Building and Site Layout • No exterior expansions or modifications proposed • Religious assembly limited to 11,655 sf in lower level (basement) and 1,286 sf main level of southernmost building • Interior required to meet building and fire codes ain tho_rry wSe MW ry 8 PUD P,ovoervie w — Hours of Operation • Per settlement agreement — religious assembly "at times chosen by the Property Owner" • No restricted hours for other permitted uses on site ain thorry i a C to 8 PUD P,ovNerviewOMM' — Staffing • 4 staff people (as indicated in 2012 submittal) • No change indicated at this time ain thorryB i a Cl 2/4/2015 0 y 8 PUD P-OvNervieMW w — Parking and Traffic • §152.179 - Total seating capacity divided by 2.5, plus 1 space for each employee on the largest shift • Religious assembly areas — 261 persons = 105 parking spaces required • 4 spaces for staff • 105+4 = 109 spaces ain thorry -- - — rvse a C -y 8 P U D P,ovoervie w — Parking and Traffic • On May 15, 2012, PC inquired about "lounge" space • Lounges = 139 additional seats = 56 spaces • 105+4+56 = 165 spaces required for Religious Assembly • 2009 CUP for daycare required 12 spaces ain thorry • wse 2/4/201579 9 M- d Hwy 8 PUD • Overview — Parking and Traffic • §152.179—Total seats for "industrial" uses requires 1 space for every 1,000 sf of building floor area • 89 spaces required for remainder of building • 266 TOTAL Spaces required (165+89+12) • 283 spaces currently exist • 303 spaces could exist if parking lot restriped ain th4�ry -- A a C% AW wy 8 PUD W-Oveprview=&� — Parking and Traffic • Parking only exists if lots are combined /: tr i a (% 2/4/2015 10 y8 PUD • Overview — Parking and Traffic c — • Parking only exists .; if lots are combined r ain thoiry — _ WSB — Parking and Traffic • Parking only exists if lots are combined r • Staff recommends City Council require and approve a lot combination pursuant to §151.08 Hwy 8 PUD ai thorry _ A i C% Wse 2/4/201581 11 M rview — Parking and Traffic • Staff recommends: — Change in occupancy or uses within the existing building be reviewed by the City Manager to ensure adequate parking on site — Within (1) year of occupancy permit a parking study be performed to determine if the parking area needs to be restriped — Only vehicles accessory to permitted uses allowed in the parking lot ain thn�ry . _ W�SB 8 PUD P,Ovnerview — Signage • No sign plan submitted with Application • All signed must conform to Chapter §155 of City Code ain tho�ry — - AB i Cl 2/4/2015 12 wy 8 P U D • Applicable MCodes — Section §152.209 — Procedure for Processing a PUD — Section §152.203 — Allowed Uses (may allow uses not listed as either permitted or conditional uses in any underlying zoning district) WSB ain thQrry B �a G MMWW8PUD • Recommendation — Approve the requested PUD Ordinance as outlined in Exhibit C. — NOTE: Creation of the PUD Ordinance also: • "Rezones' property (PUD Overlay/LI Underlay) • Approves Prelim. and Final PUD Plans/Site Plan c5ain thong - --- ---- __.. -- --- A ace "IB 2/4/201583 13 3055 Old Hwy 8 PUD Questions? Vain thKISB ory a CJ MFMT 2/4/2015 14 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA ORDINANCE NO. 2015-01 AN ORDINANCE CREATING THE 2015-01 PUD — PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT ASSOCIATED WITH THE PROPERTY LOCATED AT 3055 OLD HIGHWAY 8 (PID 0602923410140 AND PID 0602923410139) THE CITY COUNCIL OF THE CITY OF SAINT ANTHONY VILLAGE ORDAINS AS FOLLOWS: Section One. Creation of the 2015-01 PUD — Planned Unit Develooment Overlay Zoning District. The 2015-01 PUD — Planned Unit Development Overlay Zoning District is hereby created which provides as follows: 2015-01 PUD — PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT A. Intent: The intent of the 2015-01 PUD — Planned Unit Development Overlay Zoning District is to create a new PUD Overlay Zoning District over the property legally described in Exhibit A that shall be in addition to the underlying LI — Light Industrial Zoning District in order to provide for the continued use of the building located at 3055 Old Highway 8 and to provide for a unique mixture of office space, medical office space, personal service needs, and other uses which can maximize the occupancy potential of the existing building while remaining sensitive to is unique and valuable site characteristics. The public will benefit from efficient distribution of uses, common use of parking and open space and a variety of professional and personal services. B. Permitted Uses. The permitted uses of the 2015-01 PUD — Planned Unit Development Overlay Zoning District shall conform to the permitted uses of the LI — Light Industrial Zoning District as listed in § 152.141 of the Saint Anthony Village City Code, with the following additions: 1. Religious Assembly at times chosen by the Property Owner to include without limitation, prayer services, religious education, weddings and other religious ceremonies and observances limited to the lower level (11,655 square feet) and a limited portion of the main level (1,286 square feet) consisting of a total of 12,941 square feet in the locations shown in the Development Plan attached as Exhibit B; 2. Adult day care; 3. Clinics for medical/dental/and behavioral health. C. Conditionally Permitted Uses. The conditionally permitted uses with the issuance of a Conditional Use Permit shall conform to the conditional uses of the LI — Light Industrial Zoning District as listed in §152.142 of the Saint Anthony Village City RVA Code, except those conditional uses listed in § 152.142 that are listed as "permitted uses" above in Section One (B) of this Ordinance. D. Accessory Uses. The accessory uses of the 2015-01 PUD — Planned Unit Development Overlay Zoning District shall conform to the accessory uses of the LI — Light Industrial Zoning District as listed in § 152.143 of the Saint Anthony Village City Code. E. Dimensional Regulations. The dimensional regulations of the 2015-01 PUD — Planned Unit Development Overlay Zoning District shall conform to the district standards of the LI — Light Industrial Zoning District as outlined in § 152.144 of the Saint Anthony Village City Code. F. General Reaulations and Performance Characteristics. All other applicable general regulations and performance characteristics (e.g. landscaping, screening, fencing, parking, access and circulation, signage, etc.) of the 2015-01 PUD — Planned Unit Development Overlay Zoning District shall conform to the general regulations and performance standards as outlined in the City Code, unless otherwise specified in Section One, G below. G. Additional Performance Standards of the 2015-01 PUD — Planned Unit Development Overlay Zoning District. In addition to the Performance Characteristics set forth above in Section One, F, the following additional performance standards shall apply in and be conditions of the 2015-01 PUD — Planned Unit Development Overlay Zoning District: 1. Parkin. To ensure sufficient off-street parking for all uses of the existing building, the Property Owner/Applicant must, prior to the issuance of any certificate of occupancy must provide to the City Manager proof of lot combination of Parcel A and Parcel B into a single lot. Changes in occupancy or uses within the existing building must be reviewed and approved by the City Manager to ensure that there is adequate parking space available for said use. Vehicles associated with the businesses or activities located within the existing building shall be parked in a manner which provides safe ingress and egress of vehicles, maximizes parking stall availability on the overall site. Only those vehicles accessory to principal uses located within the existing building are permitted to be parked on site at all times. 2. Parking Study. Within one (1) year of issuance of an occupancy permit, the Property Owner/Applicant shall perform a parking study by a registered engineer to determine if parking demand caused by the proposed uses is sufficient to warrant the available parking area be re -striped to the City minimum standards of 9 feet by 19 feet stalls. Voluntary re -striping of the parking area to meet this standard at an earlier date will satisfy this condition. 3. Landscaping and Property Maintenance. All areas of the Property not devoted to building or parking areas must be maintained in landscaping, and the trees must be maintained and replaced as needed. 4. Signage. Any future signs must be consistent with Chapter 155, Saint Anthony Village's Sign Code, and shall require the issuance of a sign permit from the City. M. 5. Sewer Availability Charges (SAC). Prior to the issuance of any certificate of occupancy, Sewer Availability Charges (SAC) shall be satisfied, if applicable. 6. Licensing and Other Permits. All uses permitted and conditionally permitted within the 2015-01 PUD — Planned Unit Development Overlay Zoning District shall comply with applicable licenses and other permits deemed necessary by City, County, State or Federal or other applicable jurisdictions. 7. Breach of Conditions. If the Property Owner/Applicant breaches the conditions of the PUD, the City Council shall provide the Property Owner/Applicant with a written notice of the breach and an opportunity to be heard before the City Council to respond to the alleged breach of the PUD Ordinance. If, after providing the Property Owner/Applicant with notice and opportunity to be heard, the City Council determines the Property Owner/Applicant has breached the PUD Ordinance, the City Council may: i. Treat the breach of the PUD Ordinance as a violation of the City's Zoning Ordinance and pursue the remedies set forth in the Zoning Ordinance for violations of the Zoning Ordinance; or ii. Pursue any other right or remedy available at law or in equity. If the City Council determines the breach of the PUD was unintentional, the City Council may, but shall have no obligation to, provide the Property Owner/Applicant with a reasonable period of time to cure the breach and suspend the City's enforcement of its rights for such reasonable period of time. H. 2015-01 PUD — Planned Unit Development Overlay Zoning District Approval. This 2015-01 PUD — Planned Unit Development Overlay Zoning District shall be created upon City Council's approval of the Preliminary and Final PUD Plans and the Site Plan for the Property located at 3055 Old Highway 8. Section Two. Approval of the Preliminary and Final PUD Development Plan / Site Plan. The City Council of the City of Saint Anthony Village approves the Preliminary and Final PUD Development Plans / Site Plan associated with the Property located at 3055 Old Highway 8 as follows: A. Approved Preliminary and Final PUD Development Plans / Site Plan. The subject property shall continue in parking and building size, shape, and layout to existing conditions. Any modifications to the use, location, placement size or height of any buildings or parking shall require a revision to the 2015-01 PUD — Planned Unit Development Ordinance in accordance with City Code § 152.206. Any modification in use or size of the 12,941 square foot area approved for Religious Assembly use as depicted in the Development Plan attached as Exhibit B shall be a significant change requiring an amendment to the 2015-01 PUD — Planned Unit Development Ordinance approved by the City Council. Any change in the location of the 12,941 square foot area for Religious Assembly shall be a minor change subject to approval by the Development Review Committee, provided that the change in location remains subject to the 11,655 square -foot limitation on the lower level and the 1,286 square -foot limitation on the main level. B. Findings for Approval of the Preliminary and Final PUD Development Plans. The City Council finds that the Preliminary and Final PUD Plans / Site Plan are consistent with the criteria for approval of the Preliminary and Final PUD Development Plans/ Site Plan as described in §152.200 through §152.209 of the Saint Anthony Village Code. More specifically the City Council finds the following: 1. The proposed development is consistent with the City's Comprehensive Plan. 2. The proposed development presents a complete and unified development within its own boundaries in terms of relationship of structures, patterns of circulation, visual character, interrelationship of utilities and drainage infrastructure, and overall architectural theme. 3. The proposed layout of land uses within the development will result in compatible land uses with present and planned land uses in the surrounding area. 4. The development is sufficient unto itself on the basis of size, composition, arrangement, and the provision of municipal utilities. 5. The impacts of the proposed development on municipal services and facilities have been reviewed and mitigative measures have been identified where needed. 6. The impacts of the proposed development on environmental quality and the reasonable enjoyment of the surrounding property have been identified, analyzed and mitigative measures identified where needed. 7. The proposed development reasonably addresses the safety and convenience of vehicular and pedestrian traffic within the site and in relation to access streets. Section Three. Zoning Amendment. The zoning for the real property described in Exhibit A is hereby amended to add a PUD — Planned Unit Development Overlay District. The underlying LI — Light Industrial Zoning otherwise remains in effect. Section Four. Zoning Mans. The Zoning Maps of the City of Saint Anthony Village referred to and described in the Saint Anthony Village Zoning Code are incorporated by reference into § 152.021, and are so changed and shall not be republished to show the aforesaid PUD — Planned Unit Development Overlay District, but the Clerk shall appropriately mark the said Zoning Maps on file in the Clerk's Office for the purpose of indicating the zoning amendment hereinabove provided for in this Ordinance and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section Five. Findings for Rezoning. In amending the zoning for the above referenced property to add the PUD — Planned Unit Development Overlay District, the City Council has found the following: A. The provisions of the PUD — Planned Unit Development Overlay District are consistent with the City's Comprehensive Plan for the subject property; B. The PUD — Planned Unit Development Overlay District is consistent with the purpose of the underlying LI — Light Industrial zoning. C. The City Council has given due consideration to existing conditions and the conservation of property values; D. The direction of building development is to the best advantage of the entire City and to the uses for which the property affected is being devoted at this time; and E. The addition is required for the public good, is in the interest of public health, safety, and, welfare, and is compatible with the City's Comprehensive Plan. Section Six. PUD Agreement. As a condition this Ordinance, the Property Owner/Applicant shall enter into a Planned Unit Development Agreement with the City. Section Seven. Effective Date. This Ordinance shall be in full force and effect upon completion its publication as provided by law. Passed in regular session of the City Council on the _ day of 2015. CITY OF SAINT ANTHONY VILLAGE By: Jerome O. Faust, Mayor ATTEST: By: Barb Suciu, City Clerk .re, EXHIBIT A THE PROPERTY Parcel A (PID 06-029-23-41-0140): That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning, EXCEPT that part lying Northerly and Northeasterly of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast comer of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. Certificate of Title No. 1332882 Parcel (PID 06-029-23-41-0139): That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning, Lying Northerly and Northeasterly of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of 91 the Southeast Quarter distant 615.35 feet West from the Southeast comer of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. Certificate of Title No. 1332881 92 EXHIBIT B THE DEVELOPMENT PLAN z g a O O J LL F - z W 2 W Q m 93 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-017 RESOLUTION APPROVING A LOT COMBINATION OF TWO SEPARATE PARCELS (PID 0602923410140 AND PID 0602923410139) INTO ONE PARCEL PURSUANT TO §151.08 OF THE CITY CODE WHEREAS, the City of St. Anthony Village received a request from the Applicant Timothy J. Keane on behalf of Muxamedrashid Ali and Mr. Michael Medina on behalf of the Property Owner St. Anthony Business Center Corporation for the creation of a PUD — Planned Unit Development Overlay District on the property located at 3055 Old Highway 8 (PID 0602923410140 and PID 0602923410139) on December 18, 2014, legally described as follows: Parcel A (PID 06-029-23-41-01401: That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast comer of the North 350 feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning, EXCEPT that part lying Northerly and Northeasterly of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. Certificate of Title No. 1332882 Parcel B (PID 06-029-23-41-0139): That part of the Northeast Quarter of the Southeast Quarter and that part of the Southeast Quarter of the Southeast Quarter in Section 6, Township 29, Range 23 described as beginning at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast comer of said Northeast Quarter of the rOMI rAEJ Southeast Quarter; thence West parallel with the North line of said Northeast Quarter of the Southeast Quarter a distance of 282.66 feet; thence Southwesterly 864.38 feet, more or less to a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter; thence East along said South line 95.58 feet; thence Northeasterly to a point on the East line of said Northeast Quarter of the Southeast Quarter distant 143.1 feet South from the point of beginning; thence North along said East line to the point of beginning, Lying Northerly and Northeasterly of the following described line: Commencing at a point on the East line of said Northeast Quarter of the Southeast Quarter distant 863.9 feet South from the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence West, parallel with the North line of said Northeast Quarter of the Southeast Quarter, a distance of 282.66 feet; thence Southwesterly, along a line that intersects a point on the South line of the North 350 feet of said Southeast Quarter of the Southeast Quarter distant 615.35 feet West from the Southeast corner of the North 350 feet of said Southeast Quarter of the Southeast Quarter, a distance of 188.86 feet and to the actual point of beginning of the line to be described; thence South 52 degrees 33 minutes 36 seconds East, a distance of 260.03 feet to the Southeasterly line of the above described property, and said line there terminating. Certificate of Title No. 1332881 WHEREAS, the existing building located at 3055 Old Highway 8 is located on the south parcel (PID 0602923410140); and WHEREAS, the proposed uses permitted by the PUD Ordinance requires a total of 283 parking stalls consistent with Title XV, Chapter § 152, Section § 152.179 of the City Code; and WHEREAS, the south parcel (PID 0602923410140) does not currently have adequate space to accommodate the parking requirements as listed in Title XV, Chapter § 152, Section § 152.179 of the City Code wholly on the property; and WHEREAS, the amount of parking stalls located on the adjacent parcel of land to the north (PID 0602923410139), when combined with the number of parking stalls on the parcel to the south (PID 0602923410140) provides adequate parking to meet the requirements of Title XV, Chapter § 152, Section § 152.179 of the City Code; and WHEREAS, Chapter § 151.08 of the City Code allows the City Council to waive compliance with the platting requirements and approve a subdivision (lot combination) by conveyance of land by the adoption of a resolution to that effect if the City Council finds that compliance with the platting requirements would create an unnecessary hardship or expense because of the nature of the subdivision (lot combination). NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village waives compliance with the platting requirements and approves a lot combination of PID 0602923410139 and PID 0602923410140 into one parcel of land, based on the following findings: 1. The parcels to be combined are in locations where conditions are well defined; 2. The lot combinations is consistent with section §151.08 of the City Code; 3. Granting the lot combination will not alter the essential character of the locality. The property located at 3055 Old Highway 8 currently visually appears to be one (1) combined lot. This will not change with the proposed lot combination; 4. Compliance with the platting requirements of Chapter § 151 of the City Code would create an unnecessary hardship or expense; and 5. Failure to require the filing of a plat does not interfere with the purposes of Section § 151 of the City Code. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the lot combination is contingent on the following: The Applicant/Property Owner shall submit proof to the City within 180 days of the signed Development Agreement that the Applicant/Property Owner has combined the Property into a single lot. Adopted this I& day of February, 2015. ATTEST: Barbara J. Suciu, City Clerk Review for Administration: Jerome O. Faust, Mayor Mark Casey, City Manager THIS PAGE LEFT INTENTIALLY BLANK A WSB & Acnuinmr. /nr. engineering- planning- anvironmental• construction February 2, 2015 The Honorable Mayor, City Council and Staff c/o Mark Casey, City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony Village, MN 55418-1603 Re: 2015 Street and Utility Improvement Project St. Anthony Village, MN WSB Project No. 1626-92 Dear Honorable Mayor, City Council, and Staff: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Following this letter are three resolutions for your consideration at the February 10, 2015 Council Meeting. The three resolutions for your consideration are: A Resolution Calling a Hearing for the 2015 Street and Utility Improvement Project This resolution sets a public hearing to be held on March 10, 2015 at 7:00 pm. On January 22, 2015, bids for the 2015 Street and Utility Improvement Project were opened. The low bid received for the project was $2,430,659.95 for Base Bid plus Alternate 1 and $2,299,956.95 for Base Bid plus Alternate 2. The total cost of the improvement as presented to Council when seeking approval of plans, which includes Alternate 2, engineering, legal, and administrative fees was $2,898,000. A Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed Assessment This resolution declares the amount to be assessed to be approximately $621,900. A Resolution Calling a Hearing on the Proposed Assessment This resolution sets an assessment hearing to be held on March 10, 2015 at 7:00 pm. If you have any questions, I will be present at the February 10, 2015 Council Meeting to discuss those with you or please call me at 763-287-7182. Sincerely, Todd E. Hubmer, PE City Engineer Enclosures Equal Opportunity Employer wsbeng.com x,wtaesmae271&dw, 97 THIS PAGE LEFT INTENTIALLY BLANK 2015 Street and Utility Improvement Project February 10, 2015 Project Location ? 36th Ave NE iib= y J r ' (from Silver Lake Rd to Highcrest Rd) Chelmsford Rd ��k•.► �'s (from 361h Ave NE to 37°h Ave NE) _ Alleyway (south of 29"' Ave NE between Coolidge St and Silver Lake Rd) Belden Dr iE is (backyards between Belden Dr and 34th Ave NE) Kenzie Terr (Intersection of 2711' Ave NE) ■ St. Anthony Blvd (Ridgeway Pkwy to the Mpis Diagonal Trail) 100 2015 STREET AND UTILITY UIPROVEMENTS City of Saint Anthony Village, Minnemts Project Costs and Proposed Funding Sources SL Anthony Funding Sources Proposed Improvements Assessable City Total Street Reconstruction S359,31m 51,085,300 51,333,700 Sanitary Sewer Improvement, 50 5353,700 5354,700 Water Main Im rovemendrri 533,500 $373,000 5407,5110 Storm Sewer lm lrovements nl $70,200 5133,3110 5203.500 Mill & Overlay lm rovements 566,800 S"$00 5133,6011 Alk' Im rovements V� S51,300 50 551,400 Backyard Drainage Improvements 539,6110 573.6110 5113,200 LED Crosswalk lm ]rovements el SO 596,3011 596,300 Total 5621,900 S2,IN3' 524806,000 L Raplarervanr oJrure stop, aro a,mxrd a, 100%of,Ar aar^af w+,. 1. L«al drainage impro,am.•nn. ?. A111,aree —V m 199M o/drarnW rorr. 1 C,ry ron include, 330.W gran, Henruprn Cmmq •• TM,prgxr a,nnpa,u rwo,g 4"9 bbrnP. EaW agunral o6lieaaon Sand, IM dO'.roik] df. 9onnM.9.., Roan Waw Valny Fled,. 1.2 101 13 1.4 0 St. Anthony Assessed Parcels Project Schedule Approve 3 Resolutions on February 10, 2015 Improvement Hearing and Assessments 2nd Public Info Meeting February 2015 Public Hearing/Award Contract/ March 10, 2015 Call for Bond Sales Begin Construction April/May 2015 Substantial Completion October 2015 Final Paving June 2016 Questions/Comments? CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-018 A RESOLUTION CALLING A HEARING FOR THE 2015 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to direction of the City Council of the City of St. Anthony Village, a report has been prepared with reference to the improvements: Street & Utility Reconstruction ■ 36`h Avenue NE from Silver Lake Road to 1-11hcrest Road ■ Chelmsford Road from 36'h Avenue NE to 37` Avenue NE Bituminous Mill & Overlay ■ St. Anthony Boulevard from Ridgeway Parkway to the bridge crossing the Minneapolis Diagonal Trail Alleyway Surface and Drainage Improvements ■ Alleyway bound by Silver Lake Road (east), 29th Avenue NE (north), Coolidge Street (west), and St. Anthony Boulevard (south) Backyard Drainage Improvements ■ Backyard area of homes located between Belden Drive, 34th Avenue NE, and Edward Street LED Pedestrian Crossing Improvements ■ Intersection of Kenzie Terrace and 27'h Avenue NE NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1. The Council will consider the improvement of such street and utilities in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $2,806,000. 2. A public hearing shall be held on such proposed improvements on the 10'" day of March 2015, in the Council Chambers of the City Hall at 7:00 P.M. or as soon thereafter as possible, and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed improvements to be published twice in the official newspaper at least one week apart and at least three days prior to the hearing. Adopted this 10th day of February, 2015. ATTEST: Barbara J. Suciu, City Clerk Reviewed for administration: Jerome O. Faust, Mayor Mark Casey, City Manager 105 106 THIS PAGE LEFT INTENTIALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-019 A RESOLUTION DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF THE PROPOSED ASSESSMENTS FOR THE 2015 STREET AND UTILITY IMPROVEMENTS WHEREAS, costs have been determined for the improvement of: Street & Utility Reconstruction ■ 36`h Avenue NE from Silver Lake Road to Highcrest Road ■ Chelmsford Road from 36`h Avenue NE to 37`h Avenue NE Bituminous Mill & Overlay ■ St. Anthony Boulevard from Ridgeway Parkway to the bridge crossing the Minneapolis Diagonal Trail Alleyway Surface and Drainage Improvements ■ Alleyway bound by Silver Lake Road (east), 29`h Avenue NE (north), Coolidge Street (west), and St. Anthony Boulevard (south) Backyard Drainage Improvements ■ Backyard area of homes located between Belden Drive, 34`h Avenue NE, and Edward Street LED Pedestrian Crossing Improvements ■ Intersection of Kenzie Terrace and 27`h Avenue NE and the bid price for such an improvement is approximately $2,299,956.95 for Base Bid plus Alternate 2. The total cost of the improvement with contingencies, engineering, legal, and administrative fees will be approximately $2,806,000. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1. The portion of the cost of the proposed Street and Utility Improvement Project to be paid by the City is hereby declared to be approximately $2,184,100 and the portion of the cost to be assessed against benefited property owners is declared to be approximately $621,900. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in 2016, and shall bear interest at the rate of 2 percent (2%) above the City's borrowing rate at the time the bonds are issued. 3. The Consulting Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such proposed assessment in the office for public inspection. 4. The City Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted this I Wh day of February, 2015. ATTEST: Jerome O. Faust, Mayor Barbara J. Suciu, City Clerk Reviewed for administration: Mark Casey, City Manager 107 m. THIS PAGE LEFT INTENTIALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 15-020 A RESOLUTION CALLING A HEARING ON THE PROPOSED ASSESSMENTS FOR THE 2015 STREET AND UTILITY IMPROVEMENTS WHEREAS, by direction of the City Council of the City of St. Anthony Village, a proposed assessment of the cost of the following improvement has been prepared: Street & Utility Reconstruction • 36`h Avenue NE from Silver Lake Road to Highhcrest Road ■ Chelmsford Road from 36`h Avenue NE to 37t Avenue NE Bituminous Mill & Overlay ■ St. Anthony Boulevard from Ridgeway Parkway to the bridge crossing the Minneapolis Diagonal Trail Allevway Surface and Drainage Improvements Alleyway bound by Silver Lake Road (east), 29`h Avenue NE (north), Coolidge Street (west), and St. Anthony Boulevard (south) Backyard Drainage Improvements ■ Backyard area of homes located between Belden Drive, 34`h Avenue NE, and Edward Street NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1. A hearing shall be held on the 10`h day of March 2015, in the City Council Chambers at 7:00 P.M., or as soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less two weeks days prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid by November 30th of the assessed year. 4. The owner may, at any time thereafter, pay to the Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December of the year in which such payment is made. Such payment must be made before November 30th or the interest will be charged through December 31 s` of the succeeding year. Adopted this 10`h day of February, 2015. ATTEST: Barbara J. Suciu, City Clerk Reviewed for administration: Jerome O. Faust, Mayor Mark Casey, City Manager 109 110 THIS PAGE LEFT INTENTIALLY BLANK St. Anthony Village Administration Annual Report 2014° s� a i. Presented February 10, 2015 '!1. 1,1 -+ L 2/4/20111 1 112 City Council » Mayor Jerry Faust Term expires 2015 - Prior Council member - Prior Planning Commissioner » Councilmember Hal Gray Term expires 2015 - Prior Planning Commissioner » Councilmember Jan Jenson Term expires 2017 - Prior Planning Commissioner - Prior Parks Commissioner » Councilmember Jim Roth Term expires 2015 » Councilmember Randy Stille Term expires 2017 - Prior Planning Commissioner 40 Several Special Guest I » Senators John Marty and Barb Goodwin » Matt Bostrom, Sheriff of Ramsey County » Jim Grube, Hennepin County Engineer » Rick Plessner, Inland Real Estate (owners of SLV) » Lisa Austin, MNDOT on Safe Routes to School » Carissa Schively Slotterback, Humphrey School PA » Steven Baker, Ramsey County Assessor » Lt. Colonel Eric DiNatale, 55th Civil Division 2/4/2015 C Community Presentations » Barry Tedlund, St. Anthony Historical Society » Bob Laney, Superintendent » Julianne Hunter, Villagefest on this year's schedule » Wendy Webster, St. Anthony Chamber, announced the "Villager of the Year" and the "Business of the Year" » Jan Fillmore, Salo Park Concert Series » Proclamation of Kiwanis Peanut Day » Wendy Webster, Community Services Director> Staff Presentations » Annual Reports » Police Reserve's Program Overview » Severe Weather Preparation » Summer Survival School » Night to Unite » University of Minnesota Sustainability Students » Fire Prevention Week Presentation » 2014 Fire Prevention Poster Contest Winners » HEART Safe Community > 2/4/20113 3 114 Highlighted Actions » Sworn in re-elected Jenson & Stille » Adoption of Strategic Plan (Pyramid) » Prohibited electronic cigarettes in public indoor places » Drug Paraphernalia Code amendment » Electronic signs approved (Residential, Commercial and Light Industrial) » Appointing Chair & Vice -Chair of Planning and Parks Commissions » Became a "HEART Safe Community' k » Facilities Assessment 01 2/4/2015 0 Set 2014 Levy and Fees Long Term Capital Planning Tour of the City May 12, 2014 -10 1 E 2/4/2005 5 116 Housing & Redevelopment Authority 12 HRA meeting 5 Resolutions Planning Commission 6 Planning Commission Meetings 3 Work session 2 Variances » 2 Conditional Use Permits (CUP) Variance Applications !:* = 1 2/4/2015 A a11LlaY Planning Commission 6 Planning Commission Meetings 3 Work session 2 Variances » 2 Conditional Use Permits (CUP) Variance Applications !:* = 1 2/4/2015 A Planning 2/4/2pj� » Planning Commission "Work Plan" updated » Reviewed and updated nonconforming lot standards » Dynamic Display (Electronic Message) Signs Communications p - follow us or 0 118 Redesigned CM Finance I M - Liquor Operations Annual Reports PAministretion Srnxrxonr aoucF Project Information Sheets 2/4/2015 M Community Engagement Your Your h'N Elections HUMPHREY SCHOOL OF PUBLIC AFFAIRS Unrvnsrn a�MiMnesau » Primary — August 12, 2014 » Turn out was 14% » General — November 4, 2014 » Turn out was 51% I n.Jaes .e.o New Legislation for 2014 » On-line Voter Registration » No Excuse Absentee Voting » SANB School District Collaboration City Administered the Election on behalf of ISD #282 2/4/201%19 0 120 Licenses » Bench - 2 » Cigarette/Tobacco - 11 » Contractors - 87 Dog - 136 » Fireworks - 1 » Garbage Haulers - 6 —_ :- » Liquor Intoxicating - 3 » Liquor Wine/Strong Beer - 2 » Liquor 3.2 Beer - 3 ----_– » Massage Therapy - 2 - » Motor Vehicle Towing - 2 » Multiple Dwelling - 13 » Rental (Single, Duplex) - 99 » Security Alarm System - 190 » Service Stations - 7 » Vending - 8 7p Refuse & Recycling » Continued to work with Hennepin and Ramsey Counties » Clean Up Day — May 3, 2014 192 Participants Decrease of 51 cars from 2013 Goodie Bags if » Continued holiday lights collection at City Hall » New —Free Electronic Recycling Event with TechDump ec UMP 2/4/2015 10 Organized Collection » 60 day exclusive negotiation period - 11 meetings » 16 City Priorities » Maintain Market Share » 5 year Contract - » Consumer Protection _ » No add on fees » Consistent delivery of services » Equitable & Competitive Pricing » Transparent accountability » Ensure a provision are enforced » Effective on April 1, 2015 �R, •f flELYLtING ANO wwwAm,, i �e vb o REPUBLIC SEHVILES WASTE MANAGEMENT Organized Collection - )14.,y el 111 all 'MArl 1 � 2/4/204T 1 11 122 Community• UMP " St. Anthony *New Brighton .il AGING IN PLACE INITIATIVE� 9 Demloping Lwble Communifes (or All Ages H Aging In Place Served 25 residential homes Home Safety Assessments Project Management Assistance Greater Metropolitan Housing Corporation Home Improvement Loan » Rehab Incentive Program Since 2002 Loans 17 $142,000 $264,117 Grants 91 $78,000 $825,757 2/4/2015 12 Arden Hills Falcon Heights Lauderdale I� Little Canada _®..... Nw" Suburbs Mounds View New Brighton North Oaks Roseville .�» M-.• •• St. Anthony Shoreview - - City Council Replays Sister City - Salo, Finland salol Since 1984, the City of St. Anthony has enjoyed a sister -city relationship with the City of Salo, Finland. Salo Visits: 2012 - Councilmember Gray and City Manager Casey 2007 - Councilmember Stille and Public Works Director Hartman 2005 - Mayor Faust and City Manager Morrison 2/4/2013 13 124 Sustainability Fair S�ustainaWi y _a_ 11W 0:. _.= Thursday. November 20th .0abOs 5:30-800PM MioGw W tpnlo N�putla Safe Routes to Schools Five Us: » Evaluation » Engineering v Education » Encouragement » Enforcement 2/4/2015 14 Municipal Owr^�' Fiber Local An Network u 2/4/2015 15 125 126 Web Based GIS » City maps accessed on tablet, desktops or smartphones. » Information is more streamlined and makes updating easy. » Centralized electronic document storage Human Resources » Updated all Job Descriptions (41) » Family Medical Leave Act Policy » Pregnancy & Parenting Leave » Wage Disclosure Protection » Employee Recruitment » Firefighter » Public Works Superintendent » Mechanic 0 9 N 2/4/2015 16 Professional Development » City Manager & Department Heads participated in meetings with Big River Consulting » Succession Planning » Employee Engagement » Evaluations » Talent Development » Emotional Intelligence » Motivation 2/4/2015 17 127 M Safety Committee Implemented Safety Training Program for Employees » Annual Walk-through inspections of City Facilities. (Mock -OSHA) t » Policies and Work Plan » Centralized electronic document storage (web - based) Employee Recognition » Acknowledges longevity of City Staff Spirit of St. Anthony Award S.E.R.W.C.E. Phuongmai Dang - 2013 2/a/2015 Economic Development » Greater MSP GREATER MSP" » Open To Business » One -on -One free business counseling » Current and prospective entrepreneurs » Link entrepreneurs with numerous resources » Worked with 10 St. Anthony entrepreneurs in 2014® Development » Dominium Senior Landings 172 Unit Senior Living Facility 2014 New Businesses - Created to Grow - Mpls. Drafting Services - River City Fasteners - Silver Lake Auto - Straight Razor - SuperAmerica (former Mini -Mart) - Tropical Treat Massage 2/4/2015 w N 130 Permits » 288 Building Permits » Residential Value: $5,286,426 » Commercial/Industrial Value: $1,190,890 » 238 Electrical Permits » Electrical Value: $31,724 » 158 Mechanical Permits » 7 Sign Permits » Sign Value: $57,839 » 35 Public Safety Permits— > Inspections » 588 Inspections » Building, Mechanical & Plumbing Inspections >m 6M sm F,00 g 56� ]6� 1w Y =W6 Ff Ni Wns 95= 1 551 K9 691 Ss0 99E 59B 2/4/2015 20 Entire report available website at www.ci.saint-anthony.mn.us A.. r . ilY � A bY(ryr.WXuab E4 xn.. RNV(1UNfPNFti1t wawr..u...Yy •__. _ Questions? 0 2/4/2015 21 131 132 THIS PAGE LEFT INTENTIALLY BLANK FUTURE COUNCIL AGENDA Date Type Staff Present 2015 2015 Strategic Goals presentation City Council Annual Report - Finance City Manager February 24 Regular Annual Report - Public Works Department Public Works Director HSIP Resolution Finance Director Moratorium on Medical Marijuana City Engineer Planning Commission Work Plan Special City Council March 9 5:30 p.m. Joint Meeting with Parks Commission City Manager Planning Commission items from February Annual Report - Fire City Council Annual Report - Liquor City Manager March 10 Regular 2015 Street Project Liquor Op Mgr — Public Hearing - Ordering Improvements Fire Chief — Award Bid to Contractor City Engineer " Call for Sale of GO Bonds Special City Council March 23 5:30 p.m. Joint Meeting with Planning Commission City Manager 2015 Street Proiect —Accept offers for Bonds City Council March 24 Regular —Approve Bond Sale City Manager Annual Report- Police Police Chief Ramsey County Commissioner MaryJo McGuire City Council April 14 Regular Planning Commission items from March City Manager City Council April 28 Regular Public Hearing on the 2016 Budget City Manager Quarterly Goals Update Finance Director Planning Commission items from April City Council May 12 Regular Recognition of Chamber's Villager and Business of the Year City Manager Salo Park Concert Series City Council May 26 Regular Insurance Renewal - Consent City Manager City Council June 9 Regular Feasibility Report for 2016 Street Project City Manager planning Commission items from May City Engineer City Council June 23 Regular Memorandum of Understanding with SANB School District for 2015 Elections City Manager City Council July 14 Regular Planning Commission items from lune City Manager Quarterly Goals Update City Council July 28 Regular Night to Unite Proclamation City Manager Villagefest presentation City Council August 11 Regular Planning Commission items from July City Manager Liquor Operations Mid -Year Report Liquor Op Mgr Budget Presentation City Council August 25 Regular SANB #282 Presentation City Manager Chamber of Commerce Fall Event presentation 2016 January 12 Regular FUTURE COUNCIL AGENDA ITEMS City Council Date Type Staff Present Planning Commission items from August City Council September 8 Regular 2016 Preliminary Operating Budget and Levy City Manager 2016 Street Project Receiving Feasiblity Report Finance Director 2016 Street Proiect City Engineer January 26 Regular Call for hearing on improvements City Council September 22 Regular Fire Prevention Presentation City Manager Kiwanis Peanut Day Fire Dept October 13 Regular Planning Commission items from September City Council Approval of Election Judges for the Municipal Election on November 3rd. City Manager October 27 Regular Quarterly Goals Update City Council City Manager Planning Commission items from October City Council November 10 Regular Canvass Election Results from the November 3rd Municipal Election City Manager Ordinance Setting Water & Sewer Rates for 2016 - 1st Reading City Clerk November 24 Regular Setting 2016 Fees City Council Ordinance Setting Water & Sewer Rates for 2016 -1st Reading City Manager Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs City Council Accept Donations City Manager December 8 Regular Setting Salary of City Manager Authorinzing Transfers & Closing of Specified Funds Finance Director Setting the 2015 General Operating Budget and Property Tax Levy Ordinance Setting the Water& Sewer Rates for 2016 -final reading December 22 Regular City Council City Manager 2016 January 12 Regular Housekeeping Resolutions City Council City Manager City Council January 14 & 15 Special Goal Setting City Manager Department Heads 2016 Street Proiect January 26 Regular Call for hearing on improvements City Council Call for hearing on Assessments City Manager Order Preparation of Assessments February 11 Regular Planning Commission items from January City Council City Manager Items Pending: Worksessions Prepared by BSuciu 2/4/2015 Page 2 Call to Order. Roll Call. CITY OF SAINT ANTHONY VILLAGE HOUSING AND REDEVELOPMENT AUTHORITY AGENDA February 10, 2015 Approval of February 10, 2015, H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a CounciImember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve January 13, 2015, H.R.A. Minutes. (pp. 1-2) B. Claims. (pp. 3-4) III. Public Hearings. IV. General Policy of Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 13, 2015 CALL TO ORDER. Chair Faust called the meeting to order at 8:07 p.m. ROLL CALL. Commissioners present: Chair Faust; Commissioners Gray, Jenson, and Stille. Commissioners absent: None. Also present: Executive Director Mark Casey. I. APPROVAL OF JANUARY 13, 2015, H.R.A. AGENDA. Motion by Commissioner Stille, seconded by Commissioner Jenson, to approve the January 13, 2015, Housing and Redevelopment Authority Agenda as presented. Motion carried 4-0. II. CONSENT AGENDA. Motion by Commissioner Gray, seconded by Commissioner Stille, to approve the Consent Agenda, which consisted of A. H.R.A. Meeting Minutes of December 9.2014; B. Claims; and C. Housekeeping Resolutions i. Resolution 15-01; Desi ng atine Jerome Faust as the Chair for the Saint Anthony Village Housing and Redevelopment Authority; ii. Resolution 15-02; Designating Hal Gray as the Vice Chair for the Saint Anthony Village Housing and Redevelopment Authority; iii. Resolution 15-03; Designating Jan Jenson as the Secretary/Treasurer for the Saint Anthony Village Housing and Redevelopment Authority; iv. Resolution 15-04; Designating Commissioners for the Saint Anthony Village Housing and Redevelopment Authority. III. PUBLIC HEARINGS — NONE. IV. GENERAL POLICY BUSINESS OF THE H.R.A. — NONE. V. STAFF REPORTS — NONE. VI. H.R.A. COMMISSIONER COMMENTS — NONE. VII. INFORMATION AND ANNOUNCEMENTS — NONE. Motion carried 4-0. 1 dousing and Redevelopment Authority Meeting Minutes January 13, 2015 Page 2 VIII. ADJOURNMENT. 2 3 Chair Faust adjourned the meeting at 8:08 p.m. 4 5 Respectfully submitted, 6 Barbara Hughes 7 (TimeSaver Off Site Secretarial, Inc.) City of St Anthony Village CITY OF ST ANTHONY HRA CHECK REGISTER Check Issue Dates: 2/11/2015 - 2/11/2015 Vendor Number Payee 10180 BOND TRUST SERVICES CORPORATION 10461 EHLERS & ASSOCIATES, INC. 10726 INLAND REAL ESTATE CORPORATION 12009 MINNESOTA UTILITIES AND EXCAVATING Page: 1 Feb 03, 2015 10:56AM Check Number Check Issue Date Amount 25601 02/11/2015 900.00 25602 02/11/2015 1,025.00 25603 02/11/2015 2,912.58 25604 02/11/2015 69,466.85 Grand Totals: 74,304.43 19 THIS PAGE LEFT INTENTIALLY BLANK