HomeMy WebLinkAboutCC PACKET 07142015
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the July 14, 2015, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Presentation of 2015 VillageFest by Julianne Hunter. (pp.1).
III. 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 June 23, 2015, City Council meeting minutes. (pp.3-7)
B. Licenses and Permits. (pp.9-10)
C. Claims. (pp.11-13)
D. Resolution 15-043 Accepting Donations and Grants Received in the 2nd Quarter of 2015. (pp.15)
IV. Public Hearing.
V. Reports from Commission and Staff.
A. Resolution 15-044 a resolution denying a Variance from the Required Rear and Side Yard
Setbacks and denying a Variance to Lot Coverage in Order to Construct a Pool and Pool Decking
at the Property Located at 2926 Armour Terrace. Bob Foster, Planning Commissioner presenting.
(pp.17-42)
B. Resolution 15-045 a resolution approving a Conditional Use Permit to Allow for an
Establishment Primarily for the Sale of Beverages for Consumption on the Premises Located at
3701 Stinson Boulevard. Bob Foster, Planning Commissioner presenting. (pp.43-76)
VI. General Business of Council.
A. Resolution 15-046 a resolution approving the Joint Powers Agreement with Columbia Heights for
the Stinson Boulevard Project. Mark Casey, City Manager presenting (pp.77-87)
B. Ordinance 2015-03 an Ordinance Amending Chapter 112.15 to allow 4 On-Sale Liquor Licenses
Within the City. Mark Casey, City Manager presenting
(Final Reading and Adoption) (pp.89-91)
C. Resolution 15-047 a resolution approving the On-Sale Liquor license for T & C Restaurant
Concepts Inc. Located at 3701 Stinson Blvd. Mark Casey, City Manager presenting (pp.93-97)
D. Ordinance 2015-04 an Ordinance Amending Solar City Code. Mark Casey, City Manager
presenting (Final Reading and Adoption) (pp.99-106)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
July 14, 2015
7:00 p.m.
HRA meeting immediately after
council meeting
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
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 an
upcoming agenda.
VIII. Information and Announcements.
IX. Adjournment.
2015 SCHEDULE OF EVENTS
FRIDAY, July 31st
7:00 pm Parade - St. Charles Borromeo Parking lot to St. Anthony Shopping Center
Rain or shine event- Cancel only for dangerous weather
STREET DANCE & CELEBRATION - following the parade (St. Anthony Shopping Center)
Inflatables, Beer Tent, Food Booths, Pop and Water booth
Coloring Contest: Sponsored by Tea Source.
FEATURING: THE ELEMENTS
SATURDAY, August 1st All Saturday events at Central Park, unless otherwise noted.
8:00 am 5K Fun Run – starts at St. Anthony Shopping Center
9:00 am ¼ mile Tot Trot for kids also at St. Ant hony Shopping Center
Sponsored by Fitness Crossroad
10:00- 3:00 3rd Annual St. Anthony High School VillageFest Blood Drive—
10:00 - 5:30 Adult Co-Ed Kickball Tournament – Softball Diamonds
11:00 - 9:00 Inflatables, Games and Food Booths Open
11:00 - 4:00 Silent Auction - Bids close at 4:00 pm
11:00 - 4:00 Children’s Games - Sponsored by Band Boosters
11:00 - 4:00 Children’s Art- Sponsored by Jack and Jill
11:00 - 5:00 Vendor/Craft Fair
12:00 pm Beer Tent opens
12:00 - 2:00 Kids Show “The Pulse” Fun and Prizes
12:00 - 5:00 Petting Zoo - Sponsored by St. Anthony Lion’s Club
1:00 - 4:00 Bingo - Central Park Pavilion – 25¢ per card - Cash Prizes!!!
2:00 - 4:30 Main stage band - Umbrella Bed
2:30 - 3:30 Performance and mini dance lesson with Moore Then Dance Pavilion Outside
3:30 Kiwanis tennis ball roll off.
4:00 – 6:00 St. Anthony Varsity Softball exhibition game and activities- Softball Field
4:30 - 7:00 Beer tent stage - Papa John & the Cool Club of East Lake
7:00- 9:30 TEEN HEADQUARTERS- in the Pavilion- DJ
7:30 – 11:00 Main stage band – In2ition- Sponsored by St. Anthony Mobil
9:45 - 10:15 Fireworks!!! Sponsored by Stinson Electric
SUNDAY, August 2nd
11:00- 2:00 Kiwanis Luncheon and Art /Craft show – St. Anthony High School Commons
The St. Anthony Community Theater is also performing the weekend of VillageFest.
“Seussical- the Musical”
Saturday 7pm, Sunday 2pm.
Please see their web-site for more details
Further details at www.stanthonyvillagefest.com
1
THIS PAGE LEFT INTENTIONALLY BLANK
2
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
JUNE 23, 2015 3
4
CALL TO ORDER. 5
6
Mayor Pro Tem Gray called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Pro Tem Gray invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Pro Tem Gray; Councilmembers Brever, Jenson, and Stille. 15
Absent: Mayor Faust. 16
Also Present: City Manager Mark Casey and City Engineer Todd Hubmer. 17
Guest: Peggy Moeller, CPA (Redpath and Company). 18
19
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 20
ITEMS. 21
22
I. APPROVAL OF THE JUNE 23, 2015, CITY COUNCIL MEETING AGENDA. 23
24
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve the City 25
Council Meeting Agenda of June 23, 2015. 26
27
Motion carried 4-0. 28
29
II. PROCLAMATIONS AND RECOGNITIONS - NONE. 30
31
III. CONSENT AGENDA. 32
33
A. Consider June 9, 2015, City Council meeting minutes; 34
B. Consider licenses and permits; and 35
C. Consider payment of claims. 36
37
Motion by Councilmember Stille, seconded by Councilmember Brever, to approve the Consent 38
Agenda items. 39
40
Motion carried 4-0. 41
42
IV. PUBLIC HEARING - NONE. 43
44
V. REPORTS FROM COMMISSION AND STAFF - NONE. 45
46
VI. GENERAL BUSINESS OF COUNCIL. 47
48
A. Resolution 15-041 Ordering 2016 Street and Utility Reconstruction Feasibility Study. 49
Todd Hubmer, City Engineer, presenting. 50
3
1
City Engineer Hubmer explained that the 2016 street and utility project was previously proposed 2
for Skycroft Drive south of 36th, however, based on a number of concerns and the possibility of 3
partnering with the City of Columbia Heights, the 2016 street and utility improvement project is 4
proposed to be changed to include street and utility reconstruction on Stinson Boulevard from 5
37th Avenue to Silver Lane and on 37th Place from Stinson Boulevard to 3rd Avenue in Columbia 6
Heights. He presented the project schedule and stated that three public information meetings 7
will be held as well as the public hearing for the project and assessments and construction is 8
anticipated to begin in May 2016 with substantial completion in October 2016. 9
10
Motion by Councilmember Stille, seconded by Councilmember Brever, to adopt Resolution 15-11
041 Ordering Preparation of Feasibility Report for the 2016 Street and Utility Improvements. 12
13
Motion carried 4-0. 14
15
B. Resolution 15-042 Awarding Bid for Construction of Regional Stormwater Research 16
Facility. Todd Hubmer, City Engineer, presenting. 17
18
City Engineer Hubmer advised that four bids were received for construction of the regional 19
stormwater research facility and the lowest responsible bidder is St. Paul Utilities and 20
Excavating, Inc., at $1,494,860. He explained this project has been pending for a number of 21
years and due to inflationary factors and other changes in the design to accommodate MWMO’s 22
desires, contract costs were approximately $1.6 million; as a result, staff worked with the 23
contractor and eliminated some of the design elements that resulted in significant cost savings 24
without changing the operational performance of the facility and a Change Order has been 25
negotiated resulting in a net decrease of $113,500 for a contract price of $1,381,360. He added 26
that construction will not start until all permits and agreements for the project have been received 27
from the City of Minneapolis. 28
29
Motion by Councilmember Jenson, seconded by Councilmember Brever, to adopt Resolution 15-30
042 Awarding a Bid for the St. Anthony Stormwater Research Facility Project. 31
32
Motion carried 4-0. 33
34
C. Amendment to the St. Anthony Regional Stormwater Research Facility Capital Project 35
Agreement. Todd Hubmer, City Engineer, presenting. 36
37
City Engineer Hubmer explained that the City’s existing agreement with MWMO for the 38
Stormwater Research Facility provided $1,209,000 in funding and the MWMO Board recently 39
agreed to increase its grant to $1,609,000 to cover the cost of construction of the facility. 40
41
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Mississippi 42
Watershed Management Organization Amendment One to Capital Project Agreement (MWMO 43
Agreement #204-12-01). 44
45
Motion carried 4-0. 46
47
4
D. Ordinance 2015-03 an Ordinance Amending Chapter 112.15 to allow 4 On-Sale Liquor 1
Licenses Within the City. Mark Casey, City Manager, presenting. (2nd of 3 readings) 2
3
City Manager Casey presented the second reading of the Ordinance amending Chapter 112.15 of 4
the City Code to allow 4 on-sale liquor licenses in the City. He stated that since the first reading, 5
the City has received no comments or calls and the final reading is scheduled for July 14, 2015. 6
He stated that at the June 9, 2015 City Council meeting, a question was raised about the 60-40 7
ratio and his response was incorrect in that the 60-40 rule applies to strong beer and wine 8
licenses and the ratio is 50-50 for a full on-sale liquor establishment. 9
10
Motion by Councilmember Brever, seconded by Councilmember Stille, to approve Second 11
Reading of Ordinance 2015-03 Amending Chapter 152 to Change the Number of On-Sale Liquor 12
Licenses Allowed in the City. 13
14
Motion carried 4-0. 15
16
E. Ordinance 2015-04 Solar Amending City Code. Mark Casey, City Manager, presenting. 17
(2nd of 3 readings) 18
19
City Manager Casey presented the second reading of the City’s Solar Ordinance and stated the 20
proposed amendments provide clarification on the definition of flush mounted systems, clarify 21
and expand the purpose of the Ordinance, allow solar panels in residential districts, require a 22
Conditional Use Permit for all commercial installations, require proof of structural integrity, 23
allow freestanding solar energy systems in rear yards of residential properties with applicable 24
standards including double side yard setbacks, add standards for light poles, and add design and 25
performance standards for solar energy systems. He stated that since the first reading, the City 26
has received no comments or calls and the final reading is scheduled for July 14, 2015. 27
28
Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve Second 29
Reading of Ordinance Amending 152.008 Definitions and §152.187 Solar Energy Systems to 30
Update Provisions Pertaining to Solar Energy Systems. 31
32
Motion carried 4-0. 33
34
F. Presentation of 2014 Audit. Peggy Moeller, Redpath and Company, presenting. 35
36
Peggy Moeller, CPA, reported that the City received an unmodified or clean opinion on its 2014 37
financial statements. She stated that the State Legal Compliance Report summarizes the results 38
of their testing required by Minnesota Statutes and there were no findings of noncompliance. 39
She stated that the Report on Internal Controls includes one finding and is the same finding the 40
City receives every year regarding segregation of duties. She explained that the City’s Finance 41
Department is too small to segregate all duties and this is probably a finding that the City will be 42
unable to eliminate. She stated that 2014 General Fund actual revenues were $6,625,690 43
compared to a budget $6,056,021, an increase of $569,669, and most of this increase was related 44
to increased collection of property taxes. She stated the General Fund year end balance was 45
$2,475,481 with non-spendable prepaid items totaling $91,136 and the remainder classified as 46
unassigned in the amount of $2,384,345. She stated the City’s net 2015 budget was $5,424,322, 47
the City’s minimum fund balance policy is 30-35%, and 30% of this amount is $1,627,297 and 48
5
the net unassigned fund balance was $2,384,345, resulting in a minimum fund balance of 1
43.96%. She pointed out that the General Fund was used to provide interfund loans totaling 2
$639,128 and these interfund loans are not available to meet the cash flow needs of the General 3
Fund so the minimum unassigned fund balance was reduced to $1,745,217, resulting in a 4
minimum fund balance of 32.17%, consistent with the City’s 30-35% minimum fund balance 5
policy. She presented a six year history of the City’s water operations and stated this fund’s 6
2014 operating income was $45,090. She advised that for the past six years the City has not had 7
sufficient revenue to cover sewer operating expenses and recorded a loss of $137,155 in 2014. 8
She stated that 2014 net income before transfers from the Liquor Fund was $262,942 and the 9
total HRA fund balance was $586,098. She advised that there were no changes in accounting 10
policies during 2014, there were no disagreements with management and no difficulties were 11
encountered in performing the audit. She thanked Finance Director Rueckert and her staff for 12
their assistance with the audit. She advised that a new accounting standard will be required for 13
the year ended December 31, 2015, and requires any city participating in a defined benefit plan 14
to book its share of the net pension liability on its financial statements. 15
16
Councilmember Stille requested further information about the City’s increased revenues. 17
18
City Manager Casey explained that part of the increase in revenues was due to a higher 19
collection rate for property taxes compared to past years. He stated the increased revenue was 20
also attributable to the decertification of the Cub Foods TIF District. 21
22
Councilmember Stille stated that the increase in revenues demonstrates that there are factors that 23
positively or negatively impact the City’s budget and that is one of the reasons for maintaining a 24
cash balance of approximately $2.3 million to provide some cushion. 25
26
Motion by Councilmember Stille, seconded by Councilmember Brever, to accept the 2014 audit 27
as presented. 28
29
Motion carried 4-0. 30
31
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 32
33
City Manager Casey reported that 50 children attended the annual Summer Survival School held 34
last Thursday and Friday and highlights included a presentation by the Police Department on gun 35
safety, a bike rodeo, SWAT team presentation, and the State Patrol helicopter. He stated the Fire 36
Department provided a fire truck demonstration and first aid information. He commended the 37
Police Department and Fire Department for another job well done. 38
39
Councilmember Brever – no report. 40
41
Councilmember Jenson reported on his attendance at the June 22nd St. Anthony Fire Relief Fund 42
monthly meeting. He announced the St. Anthony Orchestra concerts on Thursday, June 25th, at 43
Chandler Place; Sunday, June 28th, at Como Park; and Thursday, July 2nd, at Salo Park. 44
45
Councilmember Stille reported on his attendance at the June 19th open house at the Legends and 46
the June 22nd Planning Commission meeting. 47
48
6
Mayor Pro Tem Gray advised that the franchise agreement between the North Suburban 1
Communications Commission and Comcast is not ready and is anticipated to be ready in July. 2
3
VIII. COMMUNITY FORUM. 4
5
Mayor Pro Tem Gray invited residents to come forward at this time and address the Council on 6
items that are not on the regular agenda. 7
8
Ms. Kathy Ahlers, 4010 Hayes Street NE, Columbia Heights, stated she does some event 9
planning in the area and has heard people asking for a healthy sit down restaurant where they can 10
have a meeting or reserve a room for a group. She stated it seems there are a lot of burger places 11
around and the area around the former I-Hop property has a lot of older people in high density 12
housing who are looking for more healthful fare. 13
14
IX. INFORMATION AND ANNOUNCEMENTS. 15
16
None. 17
18
X. ADJOURNMENT. 19
20
Mayor Pro Tem Gray adjourned the meeting at 7:38 p.m. 21
22
Respectfully submitted, 23
Barbara Hughes (TimeSaver Off Site Secretarial, Inc.) 24
_ _ 25
ATTEST: ________________________________ Mayor Pro Tem 26
City Clerk 27
7
THIS PAGE LEFT INTENTIONALLY BLANK
8
Saint Anthony Village
DATE: July 14, 2015 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Lehner Chimney & Masonry, Minneapolis, MN
Mechanical License:
Marsh Heating & Air Conditioning, Brooklyn Park, MN
Metropolitan Mechanical Contractors, Eden Prairie, MN
Mill City Heating & Cooling, St Anthony, MN
ProMech, Champlin, MN
Residential Heating & Air, Minneapolis, MN
Sedgwick Heating, Mendota Heights, MN
Uptown Heating, Minneapolis, MN
Residential Rental License:
Applicant: Barbara Kringstad
Location: 2516 29th Ave NE
Applicant: James Eischers
Location: 2905 32nd Ave NE
Applicant: Allen Kluz
Location: 2516 – 2518 37th Ave NE
2600 – 2602 37th Ave NE
Applicant: Chris Dennis
Location: 2608 – 2610 37th Ave NE
Applicant: Jeffrey Huston
Location: 3533 37th Ave NE
Applicant: John Good
Location: 3304 – 3306 39th Ave NE
Applicant: Jeff Krull
Location: 3724 Chandler Dr NE
Applicant: Jessica Medearis
Location: 4008 Foss Rd NE #202
Applicant: Northern Gopher Enterprises
Location: 3804 Highcrest Rd NE
9
Applicant: Lowry Grove
Location: 2501 Lowry Ave NE
2551 – 2553 Stinson Blvd NE
Applicant: John Prokopiuk
Location: 4021 Macalaster Dr NE
Applicant: Donald Doeksen
Location: 3226 – 3228 Roosevelt St NE
Applicant: Stephen Nguyen
Location: 2905 Silver Lake Rd NE
Applicant: Dan Hegstrand
Location: 3101 Stinson Blvd NE
Applicant: Daniel Gear
Location: 3637 – 3639 Stinson Blvd NE
Applicant: Marcus Drayton
Location: 3915 Stinson Blvd NE
Outdoor Public Fireworks Display Permit
Zambelli Fireworks-2240 Homebrook Trail Pequot Lakes, MN 56472
VillageFest August 1, 2015
10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 6/19/2015 - 7/15/2015 Jul 08, 2015 09:34AM
Vendor Number Payee Check Number Check Issue Date Amount
10176 BLUE CROSS BLUE SHIELD 26688 06/19/2015 58,838.94
11798 CENTRAL PENSION FUND LOCAL #49 26689 06/19/2015 2,764.80
11809 CITY OF ST. ANTHONY SUNSHINE FUND 26690 06/19/2015 348.00
10710 ICMA RETIREMENT TRUST 26691 06/19/2015 2,056.00
11813 NCPERS GROUP LIFE INSURANCE 26692 06/19/2015 96.00
11808 SAPD ASSOCIATION 26693 06/19/2015 468.00
12077 SUN LIFE FINANCIAL 26694 06/19/2015 731.50
11046 MINNESOTA STATE COLLEGE & UNIVERSITY 26696 06/23/2015 50.00
10710 ICMA RETIREMENT TRUST 26697 07/02/2015 2,056.00
11792 INTERNATIONAL UNION LOCAL #49 26698 07/02/2015 402.00
11793 LAW ENFORCEMENT LABOR SERVICES 26699 07/02/2015 940.00
10002 LOCAL UNION IAFF #3486 26700 07/02/2015 328.50
10012 ABM EQUIPMENT & SUPPLY, INC 26701 07/15/2015 1,382.88
10054 ALLIANCE MECHANICAL 26702 07/15/2015 706.50
10056 ALLIED MEDICAL PRODUCTS 26703 07/15/2015 118.00
11992 AMERICAN FLAGPOLE & FLAG CO 26704 07/15/2015 129.50
10092 APACHE GROUP 26705 07/15/2015 678.25
10098 ARAMARK 26706 07/15/2015 230.78
1100 ARTISIAN BEER COMPANY 26707 07/15/2015 5,780.50
10115 ASPEN MILLS 26708 07/15/2015 158.85
10125 ASTLEFORD INTERNATIONAL 26709 07/15/2015 54.57
10127 ATLANTIC SIGNAL, LLC 26710 07/15/2015 58.50
1101 BAUHAUS BREW LABS LLC 26711 07/15/2015 1,538.00
11906 BAUMGARTNER, RON 26712 07/15/2015 125.00
10156 BEARCOM 26713 07/15/2015 629.88
1013 BELLBOY CORPORATION 26714 07/15/2015 13,933.91
1014 BELLBOY CORPORATION 26715 07/15/2015 386.30
1035 BERNICK'S BEVERAGE & VENDING 26716 07/15/2015 478.93
10172 BIFFS, INC.26717 07/15/2015 212.00
12133 BLAINE TIRE & AUTO 26718 07/15/2015 160.10
10180 BOND TRUST SERVICES CORPORATION 26719 07/15/2015 900.00
8544 BOURGET IMPORTS 26720 07/15/2015 179.00
10197 BRIAN NELSON INSPECTION SVCS 26721 07/15/2015 1,134.75
10203 BROADWAY AWARDS 26722 07/15/2015 149.00
10218 BUREAU OF CRIM APPREHENSION 26723 07/15/2015 510.00
1017 CAPITOL BEVERAGE SALES 26724 07/15/2015 13,755.81
1058 CASTLE DANGER BREWERY 26725 07/15/2015 535.40
12139 CEMSTONE PRODUCTS COMPANY 26726 07/15/2015 330.00
10263 CENTURYLINK 26727 07/15/2015 244.75
12150 CITY OF NEW BRIGHTON 26728 07/15/2015 2,235.00
10293 CITY OF ROSEVILLE 26729 07/15/2015 11,032.12
10306 CITY WIDE WINDOW SERVICE INC 26730 07/15/2015 16.03
10308 CLAREY'S SAFETY EQUIPMENT 26731 07/15/2015 111.64
1010 CLEAR RIVER BEVERAGE COMPANYMPANY 26732 07/15/2015 1,257.90
1021 COCA COLA REFRESHMENTS USA, INC.26733 07/15/2015 1,716.00
10325 COMMERCIAL TRUCK & TRAILER 26734 07/15/2015 1,332.13
10332 COMPTON'S COMMERCIAL CLNG. INC 26735 07/15/2015 3,578.00
1042 CRYSTAL SPRINGS ICE 26736 07/15/2015 1,067.22
10438 D ROCK CENTER & SMALL ENG 26737 07/15/2015 150.00
10377 DANG/PHUONGMAI 26738 07/15/2015 17.15
10402 DEPARTMENT OF LABOR & INDUSTRY 26739 07/15/2015 1,398.99
10411 DIAMOND VOGEL PAINTS 26740 07/15/2015 1,041.10
11796 DO GOOD BIZ INC 26741 07/15/2015 381.34
11
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 6/19/2015 - 7/15/2015 Jul 08, 2015 09:34AM
Vendor Number Payee Check Number Check Issue Date Amount
10461 EHLERS & ASSOCIATES, INC.26742 07/15/2015 8,675.00
10468 ELECTRO WATCHMAN INC 26743 07/15/2015 221.23
1045 EXTREME BEVERAGE 26744 07/15/2015 114.20
10502 FAUST/JERRY 26745 07/15/2015 232.40
11870 FEDEX 26746 07/15/2015 121.93
10508 FERGUSON WATERWORKS 26747 07/15/2015 660.76
10522 FIRST-SHRED 26748 07/15/2015 33.00
10539 FRATTALLONE'S HARDWARE 26749 07/15/2015 3.58
10544 FREEWAY TOWING 26750 07/15/2015 107.13
10550 G & K SERVICES INC 26751 07/15/2015 518.51
1110 GENERAL INDUSTRIAL SUPPLY CO 26752 07/15/2015 43.80
10573 GOODIN COMPANY 26753 07/15/2015 17.79
10583 GRAFIX SHOPPE 26754 07/15/2015 1,080.00
1032 GRAPE BEGINNINGS, INC.26755 07/15/2015 1,724.00
10589 GRAY/HAL 26756 07/15/2015 171.35
10607 HACH COMPANY 26757 07/15/2015 624.88
10624 HAWKINS, INC 26758 07/15/2015 10,252.88
10636 HEDBACK, ARENDT & CARLSON PLLC 26759 07/15/2015 3,500.00
10661 HENNEPIN COUNTY TREASURER 26760 07/15/2015 49,225.00
1019 HOHENSTEIN'S, INC 26761 07/15/2015 7,129.90
10684 HOME DEPOT CREDIT SERVICES 26762 07/15/2015 316.62
1027 INDEED BREWING COMPANY 26763 07/15/2015 666.00
10727 INLAND TRS PROPERTY MANAGEMENT 26764 07/15/2015 2,562.30
11754 INTEGRATED LOSS CONTROL, INC.26765 07/15/2015 586.00
1016 JJ TAYLOR DISTRIBUTING 26766 07/15/2015 60,867.08
1004 JOHNSON BROTHERS LIQUOR CO.26767 07/15/2015 15,906.21
1005 JOHNSON BROTHERS LIQUOR COMPANY.26768 07/15/2015 8,411.21
1006 JOHNSON BROTHERS LIQUOR COMPANY.26769 07/15/2015 14,069.18
1044 JOHNSON BROTHERS LIQUOR COMPANY.26770 07/15/2015 13,180.26
10806 L.T.G. POWER EQUIPMENT 26771 07/15/2015 584.90
10821 LARSON/MICHAEL 26772 07/15/2015 353.01
12151 LAWSON PRODUCTS 26773 07/15/2015 17.88
10833 LMCIT 26774 07/15/2015 102,072.50
10861 LOFFLER COMPANIES - 131511 26775 07/15/2015 157.23
1022 M. AMUNDSON LLP 26776 07/15/2015 2,326.82
10874 MACQUEEN EQUIPMENT CO 26777 07/15/2015 47.42
11985 MANSFIELD OIL COMPANY 26778 07/15/2015 33,242.82
11928 MBE INC 26779 07/15/2015 350.00
10931 METROPOLITAN COUNCIL - WASTEWATER 26780 07/15/2015 49,448.42
10937 MIDC ENTERPRISES 26781 07/15/2015 89.10
10940 MIDWEST ASPHALT CORPORATION 26782 07/15/2015 42.72
12152 MILLER, NICOLE 26783 07/15/2015 147.60
12131 MINNEAPOLIS CONCRETE PRODUCTS 26784 07/15/2015 440.00
10963 MINNEAPOLIS SAW COMPANY INC 26785 07/15/2015 6.90
10989 MINNESOTA HIGHWAY SAFETY AND 26786 07/15/2015 792.00
11063 MOST DEPENDABLE FOUNTAINS 26787 07/15/2015 54.00
11074 MTI DISTRIBUTING, INC 26788 07/15/2015 585.75
12153 NAGLE, JIM 26789 07/15/2015 100.00
1052 NEEDHAM DISTRIBUTING CO INC 26790 07/15/2015 187.50
11104 NELSON AUTO CENTER - FLEET DEPT 26791 07/15/2015 28,600.71
1051 NEW FRANCE WINE COMPANY 26792 07/15/2015 872.50
1033 NORTHGATE BREWING 26793 07/15/2015 530.25
11149 NORTHSTAR INSPECTION SERVICES 26794 07/15/2015 1,000.00
12
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 6/19/2015 - 7/15/2015 Jul 08, 2015 09:34AM
Vendor Number Payee Check Number Check Issue Date Amount
11163 OFFICE DEPOT 26795 07/15/2015 389.37
11185 PACE ANALYTICAL SERVICES, INC.26796 07/15/2015 930.00
11186 PAETEC 26797 07/15/2015 242.23
1012 PAUSTIS & SONS 26798 07/15/2015 3,739.10
1001 PHILLIPS WINE & SPIRITS 26799 07/15/2015 5,698.57
1002 PHILLIPS WINE & SPIRITS 26800 07/15/2015 4,916.91
11246 PRAXAIR 26801 07/15/2015 36.54
12008 PREMIER LIGHTING 26802 07/15/2015 3,335.51
11309 RAMY TURF PRODUCTS 26803 07/15/2015 78.00
11539 REDPATH AND COMPANY 26804 07/15/2015 21,660.00
11345 ROSEVILLE CHRYSLER DODGE 26805 07/15/2015 124.64
11397 SHARROW LIFTING PRODUCTS 26806 07/15/2015 74.28
11408 SIGNATURE CONCEPTS, INC.26807 07/15/2015 110.14
12154 SKIDATA 26808 07/15/2015 309.00
11417 SMI COMPANY 26809 07/15/2015 1,498.60
1036 SOUTHERN - WCW 26810 07/15/2015 311.75
1026 SOUTHERN LIQUOR 26811 07/15/2015 9,096.10
1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 26812 07/15/2015 9,801.63
1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 26813 07/15/2015 1,660.75
11448 SPS COMPANIES, INC.26814 07/15/2015 526.71
11457 ST ANTHONY VILLAGE CENTER, LLC 26815 07/15/2015 2,081.79
12155 STUDER, TODD & DENISE 26816 07/15/2015 33.13
11531 T A SCHIFSKY & SONS 26817 07/15/2015 217.95
11536 TASC 26818 07/15/2015 40.00
11566 TIMESAVER OFF SITE SECRETARIAL 26819 07/15/2015 399.00
1003 TKO WINES, INC.26820 07/15/2015 103.20
12156 TOR-VER HARDSCAPES 26821 07/15/2015 1,755.00
11585 TRACE ANALYTICS, INC.26822 07/15/2015 330.00
11586 TRACY PRINTING 26823 07/15/2015 1,564.00
11595 TRI STATE BOBCAT, INC.26824 07/15/2015 11,136.76
11633 UNIFORMS UNLIMITED 26825 07/15/2015 67.45
11637 UNITED ELECTRIC COMPANY 26826 07/15/2015 86.40
11644 UNITED STATES POSTAL SERVICE 26827 07/15/2015 700.00
11674 VERIZON WIRELESS 26828 07/15/2015 1,743.86
11681 VIKING ELECTRIC SUPPLY INC 26829 07/15/2015 67.65
1025 VINOCOPIA 26830 07/15/2015 1,513.67
11689 VISU-SEWER, INC.26831 07/15/2015 1,786.90
11704 WASTE MANAGEMENT OF WI-MN 26832 07/15/2015 712.15
1034 WINE COMPANY/THE 26833 07/15/2015 846.60
1038 WINE MERCHANTS INC 26834 07/15/2015 2,221.77
11729 WIRELESS WORLD 26835 07/15/2015 70.05
1011 WIRTZ BEVERAGE - (GRIGGS)26836 07/15/2015 30,765.88
1009 WIRTZ BEVERAGE MINNESOTA 26837 07/15/2015 6,394.65
1018 WIRTZ BEVERAGE MINNESOTA 26838 07/15/2015 35,582.17
11731 WITMER PUBLIC SAFETY GRP, INC.26839 07/15/2015 145.36
11735 WORLDPOINT ECC, INC.26840 07/15/2015 449.44
11740 XCEL ENERGY 26841 07/15/2015 8,784.56
6540 Z WINES USA LLC 26842 07/15/2015 74.50
Grand Totals: 736,201.47
13
THIS PAGE LEFT INTENTIONALLY BLANK
14
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-043
A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED
WHEREAS, the City of St. Anthony is required to accept all grants and donations by resolution; and
WHEREAS, the City of St. Anthony has received the following grants and donations in the 2nd quarter
of 2015:
Private Donation-Nancy Martin (PD Survival School) 100.00
Kiwanis Club of St Anthony (Bike Helmets part of PD Survival School) 272.50
Ramsey County Safe & Sober 2,930.23
State of MN (Vest) 3,360.00
Hennepin County Recycling Grant 10,663.50
Total 17,326.23
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village
hereby accepts the grants and donations as received in the 2nd quarter of 2015.
Adopted this 14th day of July, 2015
_________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _______________________________________
Mark Casey, City Manager
15
THIS PAGE LEFT INTENTIONALLY BLANK
16
MEMORANDUM
To: St. Anthony Village Honorable Mayor and City Council
Mark Casey, City Manager
From: Breanne Rothstein, AICP, City Planner
Date: July 7, 2015 for Council Meeting July 14, 2015
WSB Project No. 02170-170
Request: Request for a variance from the required impervious surface maximum of
35% lot coverage and a variance from the side and rear yard setback
requirements for the location of pool equipment
RECOMMENDATION
The Applicant’s request for a variance to allow for the construction a pool, pool deck, and expansion of
the patio area is not reasonable, given the extent of the proposed impervious surface (50%). The
request to locate the pool equipment closer than permitted to the side and rear property line is not
reasonable, given the opportunity to locate the equipment in a conforming location. Therefore, staff
recommends denial of the variance to exceed impervious surface maximum and to encroach into the
side and rear yard setback.
The Planning Commission met on May 18 and June 22 to discuss the request. The Planning Commission
opened the public hearing, took several comments and concerns related to drainage and flooding, and
closed the public hearing. The Commission recommended unanimous denial of the variance request.
GENERAL INFORMATION
Applicant/Owner: Jeff Carlson
Location: 2926 Armour Terrace
Existing Land Use / Low Density Residential/zoned: R-1; Single Family Residential
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: Low Density Residential / Zoned R-1 - Single Family Residential
West: Low Density Residential / Zoned R-1 - Single Family Residential
Deadline for Agency Application Date: 04-24-15
Action: 60 Days: 06-23-15
Letter Sent: Yes
120 Days: 08-22-15
17
CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE
1. Background
The Applicants wish to construct a pool, pool deck, and patio on the property located at 2926
Armour Terrace. The Planning Commission considered the request on May 18, 2015 for an increase
to impervious surface to allow up to 63% of the lot to be covered with hard surface, held a public
hearing, and took public testimony regarding the application. At that meeting, the Planning
Commission tabled action to allow the applicant to come back with a revised proposal.
The plan has been revised to decrease the impervious surface coverage and removal of the hot tub.
According to the revised plans, the proposed impervious surface coverage is 50 percent, which
would be an increase of 5 percentage points beyond the existing situation of 45 percent. The current
property exceeds the impervious surface limitations, and the current plan proposes to increase the
lot coverage by 487 square feet, resulting in a total square footage of 4,913 square foot, or 50
percent of the lot area.
Also, the location of the pool equipment is shown to be located 5 feet from the side and rear
property line, resulting in a need for a variance to the required 10 foot side and rear yard setback.
The Planning Commission reviewed the revised request at their meeting on June 22, and
recommended denial of the variance.
The applicant has submitted a plan that conforms to the setbacks and impervious surface, and the
building permit has been issued for a conforming project. The applicant seeks to improve the
property to direct drainage away from their foundation, therefore requesting an increase in the
impervious surface.
2. Applicable Codes.
Title XV Land Usage, Chapter 152 Zoning Code, Section §150.05 to 150.058 SWIMMING POOLS apply
to this development project. Section 150.052 c. (1) requires a ten foot setback for pool equipment
from all property lines.
Additionally, Section 152.039 (H) of the zoning chapter also applies, which limits lot coverage to 35
percent on lots greater than 9,000 square feet in size.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states
that “An owner of property with an existing structure which does not comply with the zoning code,
or of property on which such a structure is proposed to be constructed, may apply for a variance
upon payment of the fee specified in Chapter 33”.
3. 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 application for a variance to lot coverage and setbacks are eligible subject matter for
variance criteria because these factors are related to dimensional and/or bulk standards.
Criterion 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;
18
The property owners propose to use the property in a way that is not reasonable. The
current property already exceeds the lot coverage maximum, and the proposed project
will significantly add to the imperviousness of the lot, resulting in a coverage of 50
percent. The construction of the pool could be accommodated with no substantial
increase in impervious surface, if some hard cover is removed from the patio or
driveway area to accommodate the increase in hard cover resulting from a pool deck.
Criterion not met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
The property constraints are caused by the desire of the property owner to have a pool
and large deck, and to locate the pool equipment in a more advantageous location for
the deck layout. The need for the variances is caused by the property owner. Criterion
not met.
c. The variance, if granted, will not alter the essential character of the locality; and
Granting of this variance will not alter the essential character of the neighborhood. The
proposed pool would be located behind a fence. Furthermore, since all of the
improvements are proposed in the backyard, a pool would not be out of the ordinary in
a residential neighborhood Criterion met.
d. Economic considerations alone are not the basis of the practical difficulties.
The basis for the practical difficulties is the existing presence of lot coverage and the
property owner’s desire to enhance the livability of the backyard. While economic
considerations are a factor, as the value of the home will probably increase as a result of
the proposed project, it is not perceived that they are the sole basis of the practical
difficulty. Criterion 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,
single-family residential. The comprehensive plan guides this area for single-family use and the
proposed pool project will not alter that land use. However, Section 5-7 of the Comprehensive
Plan incorporates the Surface Water Management Plan, which sets forth policies related to the
management and limitation of water run-off on residential properties. Therefore, granting of
the variance related to lot coverage would not be consistent with the goals and policies of the
Comprehensive Plan. Criterion not 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: protect the use districts; promote orderly development
and redevelopment; provide adequate light, air, and access to property; prevent congestion in
the public streets; prevent overcrowding of land and undue concentration of structures by
regulating land, buildings, yards, and densities; and provide for compatibility of different land
uses.
Given all the factors, this application is not in keeping with the intent of the ordinance to protect
the use districts or promote orderly development because stormwater management is a critical
issue in St. Anthony and the city has flooding issues. Allowing increases in impervious surface on
this lot will contribute to the amount of water in the stormwater system and while one property
19
probably will not significant increase flooding, staff believes granting such a variance is not in
keeping with the intent of the ordinance related to impervious surface coverage limitations.
With regard to the setback variance request, requiring pool equipment to be located 10 feet
from side property lines is intended to protect the neighbor from excess noise from such
systems, and staff does not believe it is keeping with such intent to grant this variance. Criterion
not met.
POSSIBLE ACTIONS
1. Motion adopt a Resolution Denying the Requested Variances. Staff recommends denial of
both variances, based on the findings and draft resolution in Exhibit C.
2. Motion to Approve (with or without conditions) the Variances. In the event of a
recommendation for approval (with or without conditions), the City Council may state its
findings and any conditions related to approval.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
Exhibit C: Draft Resolution of Denial
20
2926 Armour Terrace
Legend
May 8, 2015
Map by: WSB & Associates
1 in = 50 ft
±
21
THIS PAGE LEFT INTENTIONALLY BLANK
22
23
24
25
26
27
28
STUDIO
HOUSE
DRIVEWAY
FENCE
ROCK TRAIL
RETAINING WALL RETAINING WALL
HOUSE
N
10
10
5
PROPOSED IMPERVIOUS ADDITION = 5%
EXISTING IMPERVIOUS = 4,426 SF (45%)
LOT 130'x75' = 9,750 SF
PROPOSED CONCRETE
POOL EQUIPMENT
GARDEN 130 SF
RAINWATER
PROPOSED GARDEN 130 SF
RAINWATER
PROPOSED
PAVERS
EXISTING
DESIGNED
DRAWN
CHECKED
SDB
SDB
SDB
LOT EXHIBIT
FOR
1
MODEL: FILE:PLOT DATE:$MODELNAME$$FILEL$$TIME$$DATE$
FEETSCALE
20100
JEFF CARLSON
LOT 17, BLOCK 5
2926 Armour Terrace, St. Anthony, MN 55418
OF
SHEET
1
CRESTVIEW TERRACE
ST. ANTHONY, MINNESOTA
29
THIS PAGE LEFT INTENTIONALLY BLANK
30
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION DENYING A VARIANCE FROM THE REQUIRED REAR AND
SIDE YARD SETBACKS AND DENYING A VARIANCE TO LOT COVERAGE
IN ORDER TO CONSTRUCT A POOL AND POOL DECKING AT THE
PROPERTY LOCATED AT 2926 ARMOUR TERRACE
WHEREAS, the City of St. Anthony Village received a request from the
Applicant Jeff Carlson for a variance from the rear and side setback to allow the location
of pool equipment closer than 10 feet from the side and rear yard property line and a
variance to exceed the maximum lot coverage of 35 percent for the construction of a pool
and pool deck at the property located at 2926 Armour Terrace on April 24, 2015, legally
described as follows:
Lot 017, Block 005, Crestview Terrace, Hennepin County, Minnesota
WHEREAS, the property located at 2926 Armour Terrace is located within the
City’s R1 Zoning District; and
WHEREAS, a 10-foot rear and side yard setback is required within the R1
Zoning District for pool equipment; and
WHEREAS, a 35 percent lot coverage maximum is required on lots 9,000 square
feet or larger; and
WHEREAS, the existing lot coverage exceeds the maximum, currently at 45
percent.
WHEREAS, the Applicant has requested a 5-foot variance from the rear and a 5-
foot variance from the side yard setback to allow for the construction of pool equipment
located 5 feet from both the side and rear property line; and
WHEREAS, the Applicant has requested a variance of 5 percentage points to
allow the lot coverage to be 50 percent; and
WHEREAS, the Planning Commission acting as the Board of Adjustments and
Appeals, reviewed and considered the request based on the related documents shown in
the Applicant’s application in a public hearing at their regular meeting on May 18, 2015
and continued the public hearing to their meeting on June 22, 2015 for the applicant to
come forward with revised plans, and recommended denial of the request; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village adopts the following findings of fact related to the Applicant’s
variance request:
1. The requested variance is not consistent with the standards for granting a
variance as described in Section §152.245 of the St. Anthony Village Zoning
31
Code. More specifically, the City Council finds that the requested variance is
not justified for the following reasons:
a. The property owner proposed project would not use the property in a
reasonable manner, due to the excessive use of hard cover and the ability
for the property owner to locate the pool equipment in a conforming
location.
b. Allowing the proposed project, while it does not have an impact on the
essential character of the locality, could impact the drainage and flooding
potential of the community, which is already a problem in this locality.
c. The basis for the practical difficulties is caused by the property owner’s
desire to construct a pool, decking, and pool equipment in their backyard
which does not meet city code.
d. The comprehensive plan guides this area for single family use and adding
impervious surface will not alter that use, however, the project is
inconsistent with the goals stated in the surface water management chapter
of the comprehensive plan.
e. 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.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s hereby
denies the requested variances, based on the findings stated herein.
APPROVED in the regular session of the City Council on ________________, 2015.
___________________________________
Jerome O. Faust, Mayor
Attested:
___________________________________
Nicole Miller, City Clerk
32
Planning Commission Members June 10, 2015
City Council Members
c/o Consulting Planners WSB
St. Anthony Village City Hall
3301 Silver Lake Road
St. Anthony, MN 554189
Re: Case for Carlson Family at 2926 Armour Terrace
This summary is to state my support for the variance requests to both items due to practical hardships
created by conditions other than the applicant’s sole doing and control.
As former chair of the Planning Commission we often discussed the need for compensatory
opportunities to be recognized for residents to improve their properties, even if the hard surface
coverages percentage already exceeded the arbitrary but common use of City 35% lot coverage. This
percentage has been passed from community to community, like a free download, without critical
analysis of the sites, locations in the city where practical and impractical and without the necessary
update from the engineering side of consulting work to determine if the City has adequate storm
storage to increase the percentage either by neighborhood or as a blanket change.
In this case, the applicant was not instructed by staff to accurately measure their property, nor was
there conversation as to mitigation opportunities. This is a hardship to the practical solutions the City
has claimed partnership with the Watershed on in newsletters, demonstration projects, grant
applications and in sustainable leadership claims. No options to homeowners for modest increases in
site coverage to improve property values, drainage pace and site design are discussed, offered by code
or in text. It should not be prohibited by the use of a just say no, take the money, its your right to ask
use of professionalized applications.
WSB does feature in their home offices storm water solutions, permeable paver use, claims for
innovation in design to their clients and has demonstrated that work for St. Anthony. In this case, and in
other future cases, there is no work plan to provide equalized treatment of a common restriction. Solely
penalizing property owners by providing no options for trading hard surface is a practical hardship not
caused solely by the applicant. Many other planning firms, codes in other cities, watershed district
permitting all recognize the give and take of redevelopment and property improvements from space
and building designs of previous decades to today. They offer compensatory solutions and ways to
measure their real and perceived impact and allow reasonable change to occur via a permitting plan.
There were no restrictions on site coverage when this lot was created. The neighboring property and
grade changes effectively create reasonable and sustainable buffering for the consolidation of pool
equipment. The City commonly strives to hide and legislate mechanical equipment from view and in
design and site neutral locations. Their application does that.
33
Should the applicant offer ways through grading or rain garden solutions to detain water on a walkout
lot in exchange for additional hard surface, this should be given standing as a reasonable compensatory
planning area. Having a code which only allows the City to gain and claim credit for regrading City
property to create dead storage of storm water is a practical hardship to each property attempting to
make changes to their home sites in meaningful ways.
Having no credit for permeable pavers and other innovative grading techniques that slow water and
allow for modest infiltration that are also prominently featured at Silver Lake Park and many other
facilities in the City is a hardship to this application and all our residents. It is again a practical hardship
that the City has not taken the time nor effort to place the common and affordable solutions for storm
water into the work program for the planning commission, the consulting planners or engineers, given
the knowledge that so many properties are higher than 35% in their permitted and as built conditions.
The hardship is certainly not because the lots are too small, we have taken pride in the quality and
diversity of lot sizes and housing types. The City is encouraging in pamphlets primarily to its residents to
improve and maintain their property. The City storm water system takes into account the pluses and
minuses of the existing drainage in sizing pipes, the most recent storm ponds, the use of central park for
new storage and several of the park spaces for retainage away from home sites.
Our code does not specifically prohibit solutions from being recognized, it just doesn’t specifically offer a
menu of solutions in ordinance. Much like a land use category not specifically mentioned but meeting
the intent of the district can be allowed. Therefore a solution can be allowed. Even if a consulting
planner does not create the math for the Commission, by example, a 500 SF bathtub shaped rain garden
contains the volume before releasing excess, and it stands to reason that a 500 SF increase is offset.
I would encourage the planning commission to find that “compensatory, common sense solutions of
rain gardens, regrading to slow pace of runoff, permeable pavers or open ground platforms, as
presented at a 1:1 ratio form basis for the volume of increase in hard surface proposed is therefore
mitigated and neutral to the City ordinance requirement and goal of no net increase in hard surface
from the existing condition, and is therefore allowable under the code provisions to not increase the
hard surface”;
Your motion to approve would be a signal to provide meaningful and practical options for future
residents as well by adding this issue as a work program task this year.
There is no practical planning reason that pool equipment cannot be approved as proposed, adjacent to
an existing property with pool equipment.
Respectfully submitted,
Donald Jensen, former PC member and Chair
Land Use consultant and Landscape Architect
3004 Armour Terrace, St. Anthony, MN 55418
34
2926 Armour Terrace Variance
Request
City Council Meeting
July 14, 2015
2926 Armour Terrace
•General Information
Applicants: Jeff Carlson
Owners: Jeff Carlson
Location: 2926 Armour Terrace
Existing Land Use Low Density Residential / zoned R-1: Single Family
Residential
/ Zoning:
Surrounding Land Use
/ Zoning: North: Low Density Residential / Zoned R-1; Single Family
Residential
East: Low Density Residential / Zoned R-1; Single Family
Residential
South: Low Density Residential / Zoned R-1; Single Family
Residential
West: Low Density Residential / Zoned R-1; Single Family
Residential
35
2926 Armour Terrace
2926 Armour Terrace
•Overview
–Applicants wish to construct a pool and pool deck on their
property
–The current property exceeds the impervious surface
limitations
–Title XV Land Usage, Chapter 152 Zoning Code, Section
152.039 (H) limits lot coverage to 35% on lots greater than
9,000 sq. ft. in size
–This plan proposes to increase the lot coverage by 488 sq.
feet, which would be 50% of the total lot area
36
2926 Armour Terrace
•Overview contd.
–The proposed pool equipment is shown to be located
approximately 5 feet from the side an rear property line.
–Title XV Land Usage, Chapter 152 Zoning Code, Section
152.052 c. (1) requires a 10 foot setback for pool
equipment from all property lines
–The proposed project would need a variance to the
required 10 foot side and rear yard setback.
2926 Armour Terrace
37
Variance Criteria Review
•Subject matter of the application is within the scope of this
section;
–Criterion met
•The property owner purposes to use the property in a
reasonable manner not permitted by the zoning code;
–Criterion not met
•The plight of the property owner is due to circumstances
unique to the property not created by the property owner;
–Criterion not met
•The variance, if granted, will not alter the essential character
of the locality;
–Criterion met
•Economic considerations alone are not the basis of practical
difficulties;
–Criterion met
•The variance, if granted, would be consistent with the City’s
comprehensive land use plan;
–Criterion not met
• The granting of the variance is in harmony with the general
purposes and intent of the zoning code;
–Criterion not met
Variance Criteria Review
38
2926 Armour Terrace
•Recommendation
The Applicant’s request for a variance to allow for the
construction a pool, pool deck, and expansion of the patio
area is not reasonable, given the extent of the proposed
impervious surface (50%). The request to locate the pool
equipment closer than permitted to the side and rear
property line is not reasonable, given the opportunity to
locate the equipment in a conforming location. Therefore,
staff recommends denial of the variance to exceed
impervious surface maximum and to encroach into the side
and rear yard setback.
2926 Armour Terrace
Questions?
39
THIS PAGE LEFT INTENTIONALLY BLANK
40
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-044
RESOLUTION DENYING A VARIANCE FROM THE REQUIRED REAR AND
SIDE YARD SETBACKS AND DENYING A VARIANCE TO LOT COVERAGE
IN ORDER TO CONSTRUCT A POOL AND POOL DECKING AT THE
PROPERTY LOCATED AT 2926 ARMOUR TERRACE
WHEREAS, the City of St. Anthony Village received a request from the
Applicant Jeff Carlson for a variance from the rear and side setback to allow the location
of pool equipment closer than 10 feet from the side and rear yard property line and a
variance to exceed the maximum lot coverage of 35 percent for the construction of a pool
and pool deck at the property located at 2926 Armour Terrace on April 24, 2015, legally
described as follows:
Lot 017, Block 005, Crestview Terrace, Hennepin County, Minnesota
WHEREAS, the property located at 2926 Armour Terrace is located within the
City’s R1 Zoning District; and
WHEREAS, a 10-foot rear and side yard setback is required within the R1
Zoning District for pool equipment; and
WHEREAS, a 35 percent lot coverage maximum is required on lots 9,000 square
feet or larger; and
WHEREAS, the existing lot coverage exceeds the maximum, currently at 45
percent.
WHEREAS, the Applicant has requested a 5-foot variance from the rear and a 5-
foot variance from the side yard setback to allow for the construction of pool equipment
located 5 feet from both the side and rear property line; and
WHEREAS, the Applicant has requested a variance of 5 percentage points to
allow the lot coverage to be 50 percent; and
WHEREAS, the Planning Commission acting as the Board of Adjustments and
Appeals, reviewed and considered the request based on the related documents shown in
the Applicant’s application in a public hearing at their regular meeting on May 18, 2015
and continued the public hearing to their meeting on June 22, 2015 for the applicant to
come forward with revised plans, and recommended denial of the request; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village adopts the following findings of fact related to the Applicant’s variance
request:
41
1. The requested variance is not consistent with 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
not justified for the following reasons:
a. The property owner proposed project would not use the property in a
reasonable manner, due to the excessive use of hard cover and the ability
for the property owner to locate the pool equipment in a conforming
location.
b. Allowing the proposed project, while it does not have an impact on the
essential character of the locality, could impact the drainage and flooding
potential of the community, which is already a problem in this locality.
c. The basis for the practical difficulties is caused by the property owner’s
desire to construct a pool, decking, and pool equipment in their backyard
which does not meet city code.
d. The comprehensive plan guides this area for single family use and adding
impervious surface will not alter that use, however, the project is
inconsistent with the goals stated in the surface water management chapter
of the comprehensive plan.
e. 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.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s hereby
denies the requested variances, based on the findings stated herein.
Adopted this 14th day of July, 2015
___________________________________
Jerome O. Faust, Mayor
Attested:
___________________________________
Nicole Miller, City Clerk
Reviewed for administration: ___________________________________
Mark Casey, City Manager
42
MEMORANDUM
To: St. Anthony Village Honorable Mayor and City Council
Mark Casey, City Manager
From: Breanne Rothstein, AICP, City Planner
Date: July 7, 2015
City Council Regular Meeting for July 14, 2015
WSB Project No. 02170-120
Request: Request for a Conditional Use Permit (CUP) to Allow for an Establishment
Primarily for the Sale of Beverages for Consumption on the Premises
located at 3701 Stinson Boulevard
RECOMMENDATION
The Applicant’s request for a Conditional Use Permit (CUP) to allow for an establishment primarily for
the sale of beverages for consumption on the premises located at 3701 Stinson Boulevard 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. The Planning Commission met on June 22, 2015, held
a public hearing, took public testimony, and recommended unamious approval of the Conditional Use
Permit.
GENERAL INFORMATION
Applicant: SS St. Anthony, LLC
Owners: Same as above
Location: 3701 Stinson Blvd.
Existing Land Use / Commercial/zoned: PUD
Zoning:
Surrounding Land North: Undeveloped / Zoned PUD – Planned Unit Development
Use / Zoning: East: High Density Residential / Zoned PUD – Planned Unit Development
South: Commercial / Zoned C – Commercial
West: City of Minneapolis (Commercial and Multi Family Residential)
Deadline for Agency Application Date: 04-10-15
Action: 60 Days: 06-09-15
Letter Sent: 06-09-15
120 Days: 08-08-15
43
CONSIDERATIONS RELATING TO THE REQUEST
1. Background
The Applicant wishes to open a new neighborhood restaurant and bar in the former IHOP building
located at 3701 Stinson Boulevard. The restaurant would be named “The Unofficial”. A conditional
use permit was previously granted in 2010 to allow for the use of the property as a restaurant within
250 feet of a residential structure or zoning district. The proposed restaurant would still be subject
to those conditions which include:
1. Garbage areas must be enclosed with materials that match the building;
2. Lighting must be “down spill” with no spillage to affect the adjacent residential properties;
3. No music or other artificial noise shall be audible from the restaurant to adjacent residential
properties;
4. The remodel and redevelopment of the property shall conform as closely as possible and
practicable to the Village at St. Anthony design standards and PUD documents.
The newly proposed restaurant tenant wishes to obtain a liquor license which is why the requested
CUP is needed. The site is proposed to be used in accordance with the site plan submitted for the
previous restaurant. If outdoor seating is proposed, the applicant is aware that a conditional use
permit amendment would be needed to accommodate the addition of outdoor seating. The
underlying zoning for the property, within the greater Planned Unit Development, is Commercial,
which lists “establishments primarily for the sale of beverages for consumption on the premises” as
a conditional use. The Applicant has stated that the beverage menu will focus on craft beers and
seasonal cocktails. The food menu would consist primarily of American food including burgers, fries,
sandwiches, wings, salads and soups among others.
The applicant has also applied for a liquor license and a code text amendment to increase the liquor
licenses in the city from three to four.
Hours of Operation
Title XI Business Regulations, Chapter 111 Licenses, Permits, and the Like, Section §111.172 HOURS
OF OPERATION states that every recreational establishment within the city must be closed to the
public between the hours of 1:00 a.m. and 5:00 a.m. “Recreational Establishment” includes
restaurants. At this time, the proposed hours of operation would be 11:00 a.m. to 1:00 a.m. The
proposed hours would be similar to the Village Pub, located at 2720 Highway 88, which also has a
CUP to operate within 250 feet of a residential structure or zoning district.
Parking
The City’s parking ordinance requires that the number of parking spaces for restaurants be equal to
the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each
employee on the largest shift. The proposed number of seats in the restaurant is 110 and the
estimated number of employees on the largest shift is 15. Based on this information, a total of 59
parking spaces are required for the proposed use. There are at least 80 parking spaces on the
property, meeting the minimum required for the proposed restaurant.
Consistency with the Comprehensive Plan
The City of St. Anthony Village Comprehensive Plan (2008) guides the subject property for high
density residential on the Future Land Use Plan (Figure 2-5), which is identified as a change from the
Existing Land Use Map (Figure 2-1) which designates the property as currently being used for
commercial use. Although the requested CUP is not consistent with the future land use, the
comprehensive plan states that any land use changes will be initiated by the property owner, not
the City. In addition, a CUP was approved for the property to allow for a restaurant within 250 feet
44
of a residential structure or district in 2010, following the adoption of the Future Land Use Plan.
Therefore, the City Council may find that it is the intent of the Comprehensive Plan to support
existing land uses based on the current zoning and not on the Future Land Use Plan.
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) (L) states that “Establishments primarily for the sale of beverages for
consumption on the premises” 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 3701 Stinson Boulevard is zoned PUD with an underlying zoning of C-
Commercial, which allows “establishments primarily for the sale of beverages for consumption
on the premises” as a permitted conditional use. Within the Commercial District, “Restaurants,
cafeterias, and delicatessens located less than 250 feet from a residential structure or district“
are also a permitted conditional use, for which the property has already obtained the required
CUP. Criterion 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. Criterion met.
Conditions include:
1. All conditions stated in resolution 10-052 approving a conditional use permit for a
restaurant located within 250 feet of a residential structure or district shall remain in full
effect.
2. 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.).
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 the CUP
allowing a restaurant within 250 feet of a residential district is required.
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 undeveloped property to the north, high
density residential to the east, and commercial to the south located on the other side of the rail
road tracks. Property to the west, in the City of Columbia Heights, includes commercial and high
density residential. The site has been used as a restaurant in the past (IHOP and Baker’s
Square).
45
Having the business open until 1 a.m. may have an impact on noise associated with patrons
leaving the restaurant in the morning hours; however, with the proposed conditions outlined in
the staff report and resolution, staff does not believe that the proposed use will 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. The hours of operation and proposed conditions are similar to
those for the Village Pub and Applebee’s, which is also within 250 feet of a residential structure
or zoning district. Criterion met.
4. The use will provide a service or a 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 that include establishments with a
liquor license is an added benefit to the community when certain criteria are met. 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. Criterion met.
CONCLUSIONS
The Property has been utilized as a restaurant in the past and has been in close proximity to adjacent
residential uses. A CUP was previously approved in 2010 to allow for a restaurant within 250 feet of a
residential structure or district. All conditions from the previous CUP will remain in full effect. The
requested CUP is necessary because the restaurant tenant wishes to obtain a liquor license for their
restaurant. A primary concern with this type of use in close proximity to a residential area is noise. City
Code allows for restaurants to be open until 1 a.m. Although noise may potentially be an issue for
restaurant patrons leaving the restaurant late at night, there will be no outdoor seating or activities
allowed with the issuance of this CUP. If outdoor seating or activities were desired in the future, the
Applicant would need to amend the existing CUP. With the conditions from the previous CUP and those
outlined with this CUP, staff does not believe that the proposed use will 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. Staff believes that the proposed use will provide a benefit to the community by providing
another dining option in the community within a building that is currently vacant.
RECOMMENDED ACTION
1. Motion to Adopt Resolution Approving the Conditional Use Permit. The City Council may refer
to Exhibit C and may modify the draft resolution for approval to include any conditions that it
deems necessary.
2. Motion to deny the Conditional Use Permit. In the event the City Council chooses denial of the
requested CUP, 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
46
37th Ave Ne
St
i
n
s
o
n
B
l
v
d
Mc
k
i
n
l
e
y
S
t
N
e
37th Pl Ne
Ro
o
s
e
v
e
l
t
S
t
N
e
St
i
n
s
o
n
B
l
v
d
N
e
39th Ave Ne
Mc
k
i
n
l
e
y
S
t
N
e
Exhibit A - Location Map3701 Stinson Boulevard¯0 150 30075Feet
47
THIS PAGE LEFT INTENTIONALLY BLANK
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
THIS PAGE LEFT INTENTIONALLY BLANK
66
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR
AN ESTABLISHMENT PRIMARILY FOR THE SALE OF BEVERAGES FOR
CONSUMPTION ON THE PREMISES LOCATED AT 3701 STINSON BOULEVARD
WHEREAS, the City of St. Anthony Village received a request from the Applicant SS
St. Anthony, LLC for a Conditional Use Permit (CUP) to allow for an establishment primarily for
the sale of beverages for consumption on the premises located at 3701 Stinson Boulevard on
April 10, 2015, legally described as follows:
A portion of Lot 1 and all of Lot 2, Block 1, Pillsbury Addition, Ramsey County, Minnesota
WHEREAS, the Property located at 3701 Stinson Boulevard is located within the PUD –
Planned Unit Development District, with an underlying zoning of C-Commercial Zoning District;
and
WHEREAS, establishments primarily for the sale of beverages for consumption on the
premises are a permitted conditional use with the issuance of a Conditional Use Permit (CUP) in
the C – Commercial Zoning District; and
WHEREAS, the City Council of the City of St. Anthony previously passed resolution
10-052 which approved a Conditional Use Permit (CUP) for the property located at 3701 Stinson
Boulevard to allow for a restaurant located less than 250 feet from a residential structure or
district, for which all conditions are still in full effect.
WHEREAS, the Planning Commission reviewed and considered the request based on the
related documents shown in the Applicant’s application in a public hearing at their regular
meeting on June 22, 2015 and recommended approval of the request; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the Applicant’s Conditional Use Permit (CUP) request 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
Village Zoning Code. More specifically, the City Council finds that the required
conditional use permit is justified for the following reasons:
a. The 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 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
d. The proposed use will provide a service which is in the interest of public
convenience and will contribute to the general welfare.
67
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s
approval of the requested conditional use permit is contingent on the following:
1. All conditions stated in resolution 10-052 approving a conditional use permit for a
restaurant located within 250 feet of a residential structure or district shall remain in
full effect, which are:
a. Garbage areas must be enclosed with materials that match the building;
b. Lighting must be “down spill” with no spillage to affect the adjacent
residential properties;
c. No music or other artificial noise shall be audible from the restaurant to
adjacent residential properties;
d. The remodel and redevelopment of the property shall conform as closely as
possible and practicable to the Village at St. Anthony design standards and
PUD documents.
2. 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.).
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 the
CUP allowing a restaurant within 250 feet of a residential district is required.
APPROVED in the regular session of the City Council on ___________________.
___________________________________
Jerome O. Faust, Mayor
Attested:
___________________________________
Nicole Miller, City Clerk
68
3701 Stinson Boulevard
CUP Request
City Council Meeting
July 14, 2015
3701 Stinson Boulevard
General Information
Applicants: SS St. Anthony, LLC
Owners: SS St. Anthony, LLC
Location: 3701 Stinson Boulevard
Existing Land Use Commercial/ Zoned: PUD
/ Zoning:
Surrounding Land Use
/ Zoning: North: Undeveloped / Zoned PUD- Planned Unit Development
East: High Density Residential / Zoned PUD- Planned Unit Development
South: Commercial / Zoned C- Commercial
West: City of Minneapolis (Commercial and Multi Family Residential)
69
Description of Request
•Conditional Use Permit request to serve
alcohol on property at 3701 Stinson.
•Conditional Use Permit issued in 2010 to allow
a restaurant within 250 feet of residential area
•Also applied for liquor license and code text
amendment.
70
Description of Request
•Applicant proposes to use the existing building
in the same manner as the previous tenant
(IHOP).
•Applicant is proposing to increase the
intensity of the use to include the sales and
consumption of alcohol on premise.
•Site Plan meets all original conditions related
to parking and setbacks
3701 Stinson Boulevard
•CUP Criteria Review
–Use is one of the conditional uses specifically
listed for the district in which the property is
located; CRITERION MET
–Use will not be detrimental to the health, safety or
general welfare of persons residing or working in
the vicinity; CRITERION MET
–Use will provide a service or facility which is in the
interest of public convenience and will contribute
to the general welfare; CRITERION MET
71
3701 Stinson Boulevard
RECOMMENDATION
Staff recommends approval of the application, subject to the following conditions:
•All conditions stated in resolution 10-052 approving a conditional
use permit for a restaurant located within 250 feet of a residential
structure or district shall remain in full effect, which are:
–Garbage areas must be enclosed with materials that match the building;
–Lighting must be “down spill” with no spillage to affect the adjacent residential
properties;
–No music or other artificial noise shall be audible from the restaurant to adjacent
residential properties;
•The remodel and redevelopment of the property shall conform as
closely as possible and practicable to the Village at St. Anthony
design standards and PUD documents.
Conditions (cont)
•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.).
•Outdoor seating associated with the restaurant use is
not permitted with this Conditional Use Permit (CUP).
If outdoor seating is desired, an amendment to the
CUP allowing a restaurant within 250 feet of a
residential district is required.
72
3701 Stinson Boulevard
Questions?
73
THIS PAGE LEFT INTENTIONALLY BLANK
74
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-045
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW
FOR AN ESTABLISHMENT PRIMARILY FOR THE SALE OF BEVERAGES FOR
CONSUMPTION ON THE PREMISES LOCATED AT 3701 STINSON BOULEVARD
WHEREAS, the City of St. Anthony Village received a request from the Applicant SS
St. Anthony, LLC for a Conditional Use Permit (CUP) to allow for an establishment primarily
for the sale of beverages for consumption on the premises located at 3701 Stinson Boulevard on
April 10, 2015, legally described as follows:
A portion of Lot 1 and all of Lot 2, Block 1, Pillsbury Addition, Ramsey County, Minnesota
WHEREAS, the Property located at 3701 Stinson Boulevard is located within the PUD –
Planned Unit Development District, with an underlying zoning of C-Commercial Zoning
District; and
WHEREAS, establishments primarily for the sale of beverages for consumption on the
premises are a permitted conditional use with the issuance of a Conditional Use Permit (CUP) in
the C – Commercial Zoning District; and
WHEREAS, the City Council of the City of St. Anthony previously passed resolution
10-052 which approved a Conditional Use Permit (CUP) for the property located at 3701 Stinson
Boulevard to allow for a restaurant located less than 250 feet from a residential structure or
district, for which all conditions are still in full effect.
WHEREAS, the Planning Commission reviewed and considered the request based on the
related documents shown in the Applicant’s application in a public hearing at their regular
meeting on June 22, 2015 and recommended approval of the request; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village approves the Applicant’s Conditional Use Permit (CUP) request 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
Village Zoning Code. More specifically, the City Council finds that the required
conditional use permit is justified for the following reasons:
a. The 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;
75
c. 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
d. The proposed use will provide a service which is in the interest of public
convenience and will contribute to the general welfare.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of the
requested conditional use permit is contingent on the following:
1. All conditions stated in resolution 10-052 approving a conditional use permit for a
restaurant located within 250 feet of a residential structure or district shall remain in
full effect, which are:
a. Garbage areas must be enclosed with materials that match the building;
b. Lighting must be “down spill” with no spillage to affect the adjacent
residential properties;
c. No music or other artificial noise shall be audible from the restaurant to
adjacent residential properties;
d. The remodel and redevelopment of the property shall conform as closely as
possible and practicable to the Village at St. Anthony design standards and
PUD documents.
2. 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.).
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 the
CUP allowing a restaurant within 250 feet of a residential district is required.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s hereby
approves the requested conditional use permit, based on the findings stated herein.
Adopted this 14th day of July, 2015
___________________________________
Jerome O. Faust, Mayor
Attested:
___________________________________
Nicole Miller, City Clerk
Reviewed for administration: ___________________________________
Mark Casey, City Manager
76
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: July 14, 2015
Resolution-Approving Joint Powers Agreement with Columbia Heights for Stinson Road Project
OVERVIEW:
In front of you this evening is a Resolution to approve a Joint Powers Agreement with Columbia
Heights for Stinson Road Project.
St. Anthony and Columbia Heights share Stinson Boulevard from 37th Avenue to Silver Lane. Both
respective City Councils are studying the feasibility of a road and utility reconstruction project for
2016. The attached agreement will outline roles, responsibilities and cost allocation for project
development, preliminary and final engineering, administration, construction, inspection and all
other costs and work associated with the project. Columbia Heights will pay St. Anthony ninety five
(95) percent of the estimated City of Columbia Heights share in the contract construction and
engineering costs for the project after the official bid is awarded. In addition, St. Anthony will invoice
Columbia Heights for any remaining reimbursements of Columbia Heights’s portion of the costs.
77
THIS PAGE LEFT INTENTIONALLY BLANK
78
COOPERATIVE AGREEMENT FOR THE ADMINISTRATION AND DIVISION OF
COSTS ASSOCIATED WITH STINSON BOULEVARD RECONSTRUCTION IN THE
CITIES OF COLUMBIA HEIGHTS AND SAINT ANTHONY
THIS AGREEMENT, made and entered into this __ day of _______, 2015, by and between
the City of Columbia Heights, Minnesota, a municipal corporation (hereinafter “Columbia
Heights”), and the City of Saint Anthony, Minnesota, a municipal corporation (hereinafter “Saint
Anthony”).
WHEREAS, Columbia Heights and Saint Anthony share a common boundary and each
desires to pursue a street improvement project of Stinson Boulevard from 37th Avenue NE to Silver
Lane (hereinafter collectively the “2016 Stinson Boulevard Reconstruction Project”); and,
WHEREAS, the streets in Columbia Heights and Saint Anthony that are to be included in
the 2016 Stinson Boulevard Reconstruction Project are named and depicted in the attached Exhibit
A to this Agreement; and,
WHEREAS, the word “Improvements” as stated and used in this Agreement shall mean all
2016 Stinson Boulevard Reconstruction Project improvements including project development,
preliminary and final engineering, administration, construction, inspection, and all other cost and
work items described herein; and
WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into
a joint powers agreement providing for the division of costs for such Improvements; and
WHEREAS, the total costs for the Improvements shall be shared by Columbia Heights and
Saint Anthony in accordance with the terms of this Agreement.
NOW, THEREFORE, IT IS AGREED:
SECTION A
PROJECT SUMMARY
1. The Improvements and financing shall be performed in accordance with the terms of
this Agreement, the requirements of Minnesota Statutes, Chapter 429, and each City’s respective
codes, policies, and regulations.
2. Columbia Heights and Saint Anthony agree to develop separate Feasibility Reports
for the Improvements. WSB will provide the cost estimates necessary to complete the Feasibility
Reports.
3. Upon review and approval of the Feasibility Reports, a completion of final design
(including the preparation of plans and specifications) shall be performed by Saint Anthony.
Surveys, data, collection, and preparation of plans for final design shall also be performed by Saint
Anthony. Bidding and contract documents shall be prepared in a form that allows the share of costs
allocated to each party to be determined.
79
4. Plans and specifications shall be approved by the city councils of Columbia Heights
and Saint Anthony prior to releasing an advertisement for bids. Contract award to the lowest
responsible bidder will be conducted by Saint Anthony.
5. Construction engineering, including bid openings, contract administration, other
agency submittals, staking, and contract management shall be performed by Saint Anthony.
6. Construction observation for water and sewer improvements will be the
responsibility of the City whose system is being improved. For Example, Columbia Heights
watermain improvements will be observed by a city of Columbia Heights representative and
constructed to its design standards. Saint Anthony watermain improvements will be observed by a
city of Saint Anthony representative and constructed to its design standards.
7. Construction observation for street, sidewalk, and storm sewer improvements will be
the responsibility of Saint Anthony.
8. All monthly progress payments to the contractor for any Improvements shall be
reviewed and agreed upon by both Columbia Heights and Saint Anthony project representative prior
to release of payment. Final contract payment shall occur only after final acceptance of the
Improvements by the city council of Columbia Heights and the city council of Saint Anthony.
9. Saint Anthony shall invoice Columbia Heights for reimbursement of Columbia
Heights’s portion of the costs of the Improvements in accordance with this Agreement.
SECTION B
COST ALLOCATION
1. Final Design Costs
a. Each party will pay their pro-rated share of design costs for the
Improvements. The final design costs of the Improvements shall include, but not be limited to the
following: data collection, preparation of drawings and exhibits, and preparation of plans and
specifications. Saint Anthony will contract for these final design services with an engineering
consulting firm, WSB and Associates, Inc. (WSB). WSB will invoice the City of Saint Anthony
directly for this work.
2. Project Administration Costs
a. Each party will pay 50% of the project administration costs for the
Improvements. The project administration costs for the Improvement shall include, but not be
limited to the following: bidding, contractor contracts, project management, pay vouchers, and
change orders. Saint Anthony will contract for these project administration services with WSB.
WSB will invoice the City of Saint Anthony directly for this work.
3. Construction Observation Costs
a. Each party will pay 50% of all costs of the construction observation of the
street, watermain and storm sewer improvements. Saint Anthony will contract for these construction
80
observations services with WSB. WSB will invoice the City of Saint Anthony directly for this
work.
b. Each party will pay for the costs of the construction observation of the sewer
and water improvements of that City.
4. Survey Costs
a. Each party will pay 50% of all costs of the topographic survey and
construction survey/staking of the street and utility improvements. Saint Anthony will contract for
these survey services with WSB. WSB will invoice the City of Saint Anthony directly for this
work.
5. Testing Costs
a. Each party will pay 50% of all costs of the material testing associated with
the street and utility improvements. Saint Anthony will contract for these testing services with
WSB. WSB will invoice the City of Saint Anthony directly for this work. Saint Anthony will
contract for these testing services with WSB. WSB will invoice the City of Saint Anthony directly
for this work.
6. Street and Storm Sewer Improvements
a. Construction Cost Allocation: Each party will pay for all costs of the
construction of the street and storm sewer improvements, which occur within their respective
borders. This will include catch basins, storm sewer, driveway accesses and other surface
improvements as deemed part of the project.
7. Sidewalk/Trail Improvements
a. Construction Cost Allocation: All costs of the construction of the sidewalk
and trail improvements shall be assigned to Columbia Heights and Saint Anthony based on the
actual amount of sidewalk and/or trail constructed for each city.
8. Sewer and Water Utility Improvements
a. Construction Cost Allocation: Each party will pay for the costs of all sewer
and water utility improvements based on the actual amount of sewer and water utilities constructed
for each city.
9. Upon execution of this Agreement, Saint Anthony shall invoice Columbia Heights
for its percentage of all costs incurred prior to contract award, and Columbia Heights will pay the
invoice within thirty days of receipt.
10. After an award by the City of Saint Anthony to the successful bidder on the Project,
the City of Saint Anthony shall invoice the City of Columbia Heights for ninety five (95) percent of
the estimated City of Columbia Heights share in the contract construction and engineering costs for
the Project. Payments shall be made to the City of Saint Anthony, in the name of the City of Saint
Anthony, by the City of Columbia Heights for the full amount due stated on the invoices within
thirty (30) days of the invoice date. Said estimated City of Columbia Heights share shall be based
on actual contract unit prices applied to the estimated quantities shown in the plans.
81
11. In the event the City of Saint Anthony Engineer or the City of Saint Anthony’s staff
determines the need to amend the construction contract with a supplemental agreement or change
order which results in an increase in the contract amount for the Project, the City of Columbia
Heights hereby agrees to remit within thirty (30) days of notification by the City of Saint Anthony
of said change an amount equal to ninety five (95) percent of the estimated City of Columbia
Heights share as documented in the supplemental agreement or change order.
12. The remainder of the City of Columbia Heights’s share in the contract construction
and engineering costs of the Project, including additional costs resulting from supplemental
agreements and change orders, will be due to the City of Saint Anthony upon the completion of the
Project and submittal of the City of Saint Anthony Engineer’s final estimate for the Project to the
City of Columbia Heights.
13. Upon final payment to the Project contractor by the City of Saint Anthony, any
amount remaining as a balance in the deposit account will be returned to the City of Columbia
Heights, within thirty (30) days, on a proportionate basis based on the City of Columbia Heights’s
initial deposit amount and the City of Columbia Heights’s final proportionate share of the Project
costs. Likewise, any amount due the City of Columbia Heights as its final payment for the
construction costs of the Project within thirty (30) days of receipt of an invoice from the City of
Saint Anthony.
14. All City of Columbia Heights funds deposited with the City of Saint Anthony shall
bear interest equal to the 4M Fund rate until paid to the contractor or returned to the City of
Columbia Heights. Saint Anthony shall provide Columbia Heights a listing of all transactions
including deposits, progress payments, interest earned, and balances on a monthly basis or upon
request of the Columbia Heights City Manager.
[The remainder of this page is intentionally blank.]
82
SECTION C
MAINTENANCE RESPONSIBILITIES
1. Maintenance and upkeep of the Improvements after completion shall be in
accordance with existing policies and responsibilities in place prior to construction of the
Improvements. This maintenance will begin upon expiration of the contractors warrantee period.
SECTION D
MISCELLANEOUS PROVISIONS
1. Compliance with Laws. The parties agree to comply with all laws, ordinances and
regulations of Minnesota applicable to this Agreement and the construction of the Improvements.
This Agreement shall be construed and enforced according to the laws of Minnesota.
2. Indemnification. Each party will be responsible for claims and damages resulting
from the acts, errors and omissions of its officers, employees and agents and will defend and
indemnify the other party for any such claims; provided, however, that nothing in this Agreement
shall constitute a waiver or limitation of any immunity or limitation on liability to which either party
is entitled under Minnesota Statutes, Chapter 466, or otherwise.
3. Notices. Any notices or correspondence required to be given under this Agreement
or any statute or ordinance shall be in writing and shall be deemed to be given if delivered
personally or mailed postage-prepaid by certified mail, return receipt requested:
a. As to Columbia Heights: City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55112
ATTN: City Manager
b. As to Saint Anthony City of Saint Anthony
3301 Silver Lake Road
Saint Anthony, MN 55418
ATTN: City Manager
or at such other address as either party may, from time to time, notify the other in writing in
accordance with this paragraph.
4. Severability. In the event that any provision of this Agreement is held to be invalid,
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this Agreement.
5. Nonwaiver. If either party waives any default or non-performance by the other party
in writing, such waiver shall be deemed to apply only to such event and shall not waive any other
prior or subsequent default.
6. Preamble and Recitals. The preamble and recitals set forth on page one of this
Agreement are incorporated into and made a part of this Agreement.
83
7. Paragraph and Section Headings. The paragraph and section headings used in this
Agreement have no legal significance and are used solely for convenience of reference.
8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence
the entire agreement between the parties relating to the subject matter addressed herein and
supersedes all other prior agreements and understandings, written or oral, between the parties.
9. Amendment. Any alterations, variations, modifications, or waivers of provisions of
this Agreement shall only be valid when they have been reduced to writing as an amendment to this
Agreement signed by the parties hereto or their successors.
10. Contract Administration. To the degree permitted by state law, Columbia Heights
designates Saint Anthony as its representative authorized to act on Columbia Heights’s behalf with
respect to this Agreement.
To the degree permitted by state law, Saint Anthony designates its City Manager, or his/her
designee as authorized in writing, as its representative authorized to act on Saint Anthony’s behalf
with respect to this Agreement.
11. Limitations. This Agreement is not intended to and shall not create rights of any
character whatsoever in favor of any person, corporation, association or entity other than the parties
to this Agreement and their successors and assigns, and the obligations herein assumed are solely
for the use and benefit of the parties to this Agreement and their successors and assigns.
12. Non-Assignment. The parties hereto agree that neither party shall assign, sublet,
transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole
or in part, without the prior written consent of the non-assigning party.
13. Counterparts. For the convenience of the parties, any number of counterparts hereof
may be executed and each such executed counterpart shall be deemed an original, but all such
counterparts together shall constitute one in the same Agreement.
14. Data Practices. Data provided to either party or received from either party under this
Agreement shall be administered in accordance with the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
[The remainder of this page is intentionally blank.]
84
IN TESTIMONY WHEREOF, the City of Columbia Heights has caused this Agreement to
be executed the day and year first above written.
CITY OF COLUMBIA HEIGHTS
By: _______________________________________
Gary Peterson, Mayor
By: _______________________________________
Walter Fehst, City Manager
IN TESTIMONY WHEREOF, the City of Saint Anthony has caused this Agreement to be
executed the day and year first above written.
CITY OF SAINT ANTHONY
By: _______________________________________
Jerome O. Faust, Mayor
By: _______________________________________
Mark Casey, City Manager
85
EXHIBIT A
PROJECT LOCATION MAP OF STREETS TO BE INCLUDED IN PROJECT
86
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-046
A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH THE CITY OF
COLUMBIA HEIGHTS FOR THE STINSON BOULEVARD RECONSTRUCTION
WHEREAS, the City of St. Anthony and the City of Columbia Heights share Stinson Boulevard from
37th Avenue to Silver Lane; and
WHEREAS, the City of St. Anthony and the City of Columbia Heights will develop separate
Feasibility Reports for the Improvements; and
WHEREAS, upon review and approval of respective Feasibility Reports the City of St. Anthony will
complete the Final Design (including plans and specifications); and
WHEREAS, the City of St. Anthony and the City of Columbia Heights both agree to the terms of the
agreement and designate the City of St. Anthony as an authorized representative on the
City of Columbia Heights behalf; and
WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into a joint
powers agreement for the division of costs; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village
hereby approves the Joint Powers Agreement between the City of St. Anthony and the City of Columbia
Heights for the Stinson Boulevard Reconstruction.
Adopted this 14th day of July, 2015
_________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _______________________________________
Mark Casey, City Manager
87
THIS PAGE LEFT INTENTIONALLY BLANK
88
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: July 14, 2015
Ordinance– Text Amendment of City Code from Three to Four On-sale Liquor License
OVERVIEW:
In front of you this evening is the third and final reading for adoption of an ordinance to amend the
City Code from three to four on-sale liquor licenses. Attached is the final Ordinance.
Currently the following three establishments have an on-sale liquor license: Village Pub, Applebee’s
and Chipotle. Adoption of this Ordinance would bring the total maximum on-sale liquor licenses to
four.
89
THIS PAGE LEFT INTENTIONALLY BLANK
90
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2015-03
AN ORDINANCE AMENDING CHAPTER 112 TO CHANGE THE NUMBER OF ON-SALE LIQUOR
LICENSES ALLOWED IN THE CITY
The City Council of the City of Saint Anthony Village ordains as follows:
112.15 LIMIT ON NUMBER OF ON-SALE INTOXICATING LIQUOR LICENSES.
At any 1 time there shall not be more than 4 on-sale intoxicating liquor licenses issued by the city.
(1993 Code, § 1000.15)
Section Two. Findings for Amending the City of Saint Anthony Village City Code by Changing Section
112.15. In amending the City of Saint Anthony Village City Code by changing Section 112.15 allowing 4 on-sale
liquor licenses, the City Council of the City of Saint Anthony Village finds that the amendment 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 Three. Effective Date. This Ordinance amendment shall be in full force and effect upon its
publication as provided by law.
Passed in regular session of the City Council on July 14th, 2015.
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:________________________________
Nicole Miller, City Clerk
First Reading-June 9, 2015
Second Reading-June 23, 2015
Adopted-July 14, 2015
Publish: St. Anthony Bulletin
Publication Date: July 22, 2015
91
THIS PAGE LEFT INTENTIONALLY BLANK
92
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: July 14, 2015
Resolution-Approval of Liquor License for T & C Restaurant Concepts Inc. located at 3701 Stinson
Blvd.
OVERVIEW:
In front of you this evening is the final step in the process for issuing an On-Sale Liquor License for T &
C Restaurant Concepts Inc. located at 3701 Stinson Blvd.
Tonight we have the third and final reading for adoption of Ordinance 2015-3 Amending Chapter
112.15 to allow 4 On-Sale Liquor Licenses within the City. Also on tonight’s agenda; based on
recommendation of the Planning Commission from the Public Hearing held on June 22, 2015, is
Resolution 15-045 Approving the Conditional Use Permit to Allow for an Establishment Primarily for
the Sale of Beverages for Consumption on the Premises.
Following the adoption of the Ordinance and Conditional Use Permit the next step is the consider
Resolution 15-047 Approval of Liquor License for 3701 Stinson Blvd.
Attached are the floor plan and resolution.
93
THIS PAGE LEFT INTENTIONALLY BLANK
94
95
THIS PAGE LEFT INTENTIONALLY BLANK
96
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15 -047
A RESOLUTION APPROVING ON-SALE LIQUOR LICENSE FOR T & C
RESTAURANT CONCEPTS INC. LOCATED AT 3701 STINSON BLVD.
WHEREAS, the applicant T & C Restaurant Concepts Inc. filed an application for an On-
Sale Liquor License for 3701 Stinson Blvd on April 6th, 2015; and
WHEREAS, the City Council adopted the amended City Ordinance of Chapter 112.15 to
allow 4 On-Sale Liquor Licenses within the City on July 14th, 2015; and
WHEREAS, the applicant T & C Restaurant Concepts Inc. filed a Land Use application for
a Conditional Use Permit for 3701 Stinson Blvd on April 10th, 2015; and
WHEREAS, upon recommendation of the Planning Commission from the Public Hearing
held on June 22, 2015 the City Council approved the Conditional Use Permit
on July 14th, 2015; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint
Anthony Village hereby approves an On-Sale Liquor License for T & C Restaurant Concepts
Inc. located at 3701 Stinson Blvd.
Adopted this 14th day July, 2015.
____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ____________________________
Mark Casey, City Manager
97
THIS PAGE LEFT INTENTIONALLY BLANK
98
MEMORANDUM
To: Honorable Mayor and City Council Members
From: Breanne Rothstein, AICP, City Planner
Date: May 26, 2015
For Regular July 14, 2015 City Council meeting
WSB Project No. 02170-002
Request: Consider Ordinance to Amend Sections 152.008 and 152.187 of City Code
Pertaining to Solar Energy Systems
OVERVIEW
In completion of the 2015 Work Plan, the City of St. Anthony Village is pursuing the development of an
amended solar ordinance to allow for greater applications of solar on residential and commercial
structures. An ordinance to allow solar energy systems was adopted in 2014 to allow systems within the
ROS – Recreational/Open Space and LI – Light Industrial Districts. With increased interest in renewable
energy by homeowners, more specifically for the installation of solar energy systems, staff has prepared
a draft Ordinance relating to Solar Energy Systems, specifically in residential and commercial zoning
districts.
The purpose of the amendment is to incorporate more detailed standards governing the installation of
solar energy systems. The ordinance is expected to provide clarity and predictability while ensuring that
solar energy systems may be installed in a manner that allows for effective energy production. Further,
the standards are intended to ensure that these systems are installed in a manner that would not
unduly affect community character. The proposed text amendment would:
• Provide clarity for City staff as well as solar installers and property owners;
• Set standards for building-mounted and freestanding (i.e. ground mounted) systems;
• Clarify that solar access easements may be purchased from nearby property owners, consistent
with state statute.
The Planning Commission held a work session on February 24, 2015 to review and discuss a draft
ordinance to permit solar energy systems in residential and commercial zoning districts. The Planning
Commission had several recommendations that Staff brought to a City Council worksession for
discussion. At this worksession, staff received a number of recommendations from City Council, as
outlined below.
The Planning Commission met again at a worksession on April 27, 2015 and reviewed the revised
ordinance. They directed staff to make several changes, as indicated through tracked changes on the
enclose ordinance, including:
1) Allowing solar on accessory structures;
2) Requiring solar systems to be located at or below the ridgeline of the home;
99
3) Adding a clause to allow the continuation of existing solar systems, unless an upgrade requiring
a building permit is proposed;
4) Clarifying the structural integrity requirement to add “to the satisfaction of the building
inspector”
5) Referencing conditional use permit criteria in city code;
6) Eliminating the requirement for a licensed contractor- allow homeowner to install, with the
issuance of a building permit.
The City Council held a work session on May 4, 2015 and again reviewed the revised ordinance. They
accepted the recommended changes of the Planning Commission and recommended the following
additional changes:
1) Solar energy systems on accessory structures must be flush mounted;
2) Any solar installation mounted to a light pole shall not exceed three (3) square feet.
The Planning Commission held a public hearing on May 18, 2015, and no one spoke on the draft
ordinance. They recommended approval to the City Council, with minor edits, which are reflected in the
attached ordinance.
SUMMARY OF ORDINANCE AMENDMENTS
As proposed, the ordinance makes the following changes from the original solar ordinance:
1) Adds a clarifying definition of “flush mounted solar energy systems”
2) Clarifies and expands the purpose of the ordinance
3) Allows for solar panels in residential districts and required standards
4) Requires conditional use permit for all commercial installations
5) Added a caveat about ready roof access for emergency access
6) Requires proof of structural integrity to the satisfaction of the building inspector
7) Allows free standing solar energy systems in the rear yards of residential, with applicable
standards, including double the side yard setback
8) Added specific standards for lightpoles
9) Added design and performance standards for solar energy systems
RECOMMENDED ACTION
Staff recommends approval of the enclosed ordinance amending Sections 152.008 and 152.187 of City
Code to incorporate revised standards for solar energy systems.
100
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2015-04
AN ORDINANCE AMENDING SECTION 152.008 DEFINITIONS AND §152.187 SOLAR
ENERGY SYSTEMS TO UPDATE PROVISIONS PERTAINING TO SOLAR ENERGY
SYSTEMS
The City Council of the City of Saint Anthony Village ordains as follows:
§152.008 DEFINITIONS.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is
an integral part of a principal or accessory building, rather than a separate mechanical device,
replacing or substituting for an architectural or structural component of the building. Building-
integrated systems include but are not limited to active photovoltaic or hot water systems that are
contained within roofing materials, windows, walls, skylights, and awnings, or passive systems
that are designed to capture direct solar heat.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system affixed to
a principal or accessory building.
FLUSH MOUNTED SOLAR ENERGY SYSTEM. A solar energy system that is
installed on the roof of a building in which the solar panels are parallel with the finished roof
materials.
FREESTANDING SOLAR ENERGY SYSTEM. A solar energy system with a
supporting framework that is placed on, or anchored in, the ground and that is independent of any
building or other structure. Garages, carports or similar structures that incorporate building-
integrated or building-mounted solar energy systems shall not be classified as freestanding solar
energy systems and shall instead be subject to regulations governing accessory structures.
SOLAR COLLECTOR SURFACE. Any part of a solar energy system that absorbs solar
energy for use in the system’s transformation process. The collector surface does not include
frames, supports, and mounting hardware.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the
form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device, set of devices, or structural design feature
intended to provide for collection, storage, and distribution of solar energy for purposes including
101
heating or cooling buildings or other energy-using processes, electricity generating by means of
any combination of collecting, transferring, solar-generated energy, or water heating.
§152.187 SOLAR ENERGY SYSTEMS
(A) Purpose. Regulations governing solar energy systems are established to provide for appropriate
locations for solar energy systems, to ensure compatibility with surrounding uses, and to promote safe and
effective use of solar energy to increase opportunities for generation of renewable energy. St. Anthony
Village finds that it is in the public interest to encourage the use and development of renewable energy
systems that enhance energy conservation efforts, but result in limited adverse impacts on nearby
properties. As such, the City supports the use of solar energy systems.
(B) Permitted Uses and Specific Standards
(1) In general. Solar energy systems shall be permitted in those zoning districts where permitted
as an accessory use, subject to the standards of this article. Solar collector surfaces and all mounting
devices shall comply with the minimum yard requirements of the district in which they are located,
unless otherwise specified herein. Screening of solar collector surfaces shall not be required, except
as required in Section 152.187 (C) 1.
(2) Building-mounted solar energy systems.
(a) Zoning district standards.
(1) Residential zoning districts. Notwithstanding the height limitations of the zoning
district, building mounted solar energy systems shall be constructed and maintained at or
below the ridge level of a roof on a structure with a gable, hip, or gambrel roof as long and
not visible from the nearest edge of the street frontage right-of-way other than an alley.
Building- mounted solar energy systems that are visible from the nearest edge of the
street frontage right-of-way shall be flush-mounted and not have a highest finished pitch
steeper than the roof pitch on which the system is mounted, and shall be no higher than
twelve (12) inches above the roof surface. Solar energy systems on all accessory structures
shall be flush-mounted, regardless of the location on the structure.
Building integrated solar energy systems shall be allowed regardless of whether the
system is visible from the public right-of-way, provided the building component in which the
system is integrated meets all required setbacks, land use or performance standards for the
district in which the building is located.
(2) Commercial, industrial and recreational open space (ROS) zoning districts.
Notwithstanding the height limitations of the zoning district, building mounted solar energy
systems shall be constructed and maintained at or below the ridge level of a roof on a
structure with a gable, hip, or gambrel roof and shall not extend higher than ten (10) feet
above the surface of the roof when installed on flat or shed roof.
(b) The solar collector surface and mounting devices for building-mounted solar energy
systems shall be set back not less than one (1) foot from the exterior perimeter of a roof for every
102
one (1) foot that the system extends above the roof surface on which the system is mounted to
ensure ready roof access in the event of a fire or other safety related occurrence whereby roof
access is needed. Solar energy systems that extend less than one (1) foot above the roof surface
shall be exempt from this provision, however shall be set back from the roof edge by a minimum
of 1 foot.
(c) The collector surface and mounting devices for building-mounted solar energy systems
shall not extend beyond the exterior perimeter of the building on which the system is mounted or
built.
(d) Solar energy systems shall be designed to blend into the architecture of the building to
the maximum extent practical. The color of the solar collector is not required to be consistent
with the roofing materials.
(e) Building-mounted systems, excluding building-integrated systems, shall not cover more
than 80% of the roof upon which the panels are mounted to ensure ready roof access in the event
of a fire or other safety occurrence whereby roof access is needed.
(f) A conditional use permit is required for any solar installations in the commercial district,
subject to the conditions and criteria for review in accordance with Section 154.243 (C) of the
City Code.
(3) Freestanding solar energy systems.
(a) Freestanding solar energy systems, measured to the highest point of the system, shall not
exceed ten (10) feet in height and shall meet double the minimum setback requirements of an
accessory structure as outlined in §152.176, as measured from the outermost perimeter of the
solar panel to the property line. Freestanding solar energy systems are only permitted in rear
yards.
(b) In all residential districts, the area of the solar collector surface of freestanding solar
energy systems shall not exceed three (3) percent of the lot area. In all other districts, the area of
the solar collector surface of freestanding solar energy systems shall not exceed five (5) percent
of the lot area. Notwithstanding any other provision to the contrary, the maximum area of solar
energy systems shall be calculated independently of the floor area of all other accessory structures
on the zoning lot.
(c) The supporting framework for freestanding solar energy systems shall not include
unfinished lumber.
(4) Lightpole mounted solar energy systems.
(a) Any solar installation on a light pole shall require the issuance of a conditional use permit,
and shall take into account the surrounding land uses, the proposed visual impact, and the
structural integrity relative to size and height of the proposed solar installation. No lightpole
mounted solar installation shall exceed 3 square feet in size.
103
(C) Design and Performance Standards. In addition to the standards required above, the following
standards shall apply to all solar energy systems.
(1) Compatibility with nearby properties. The visual impact of rooftop equipment on nearby
properties shall be minimized through such means as location on the roof, flush-mounting to the roof,
screening, or other integration into the roof design. Screening shall be of durable permanent materials
that are compatible with the primary building materials. Screening shall be done to the extent
possible without reducing the systems efficiency.
(2) Feeder lines. Any lines accompanying a solar energy systems, other than those attached to
on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are
existing lines in the area which the lines accompanying a solar energy system can be attached. The
Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock,
water courses, or other elements of the natural landscape interfere with the ability to bury lines.
(3) Maintenance. Solar energy systems shall be kept in good repair and free from damaged
supports, mounts, framework, or other components.
(4) Abandonment. A solar energy system that is allowed to remain in a nonfunctional or
inoperative state for a period of twelve (12) consecutive months, and which is not brought in
operation within the time specified by the City shall be presumed abandoned and may be declared a
public nuisance subject to removal at the expense of the operator.
(5) Compliance. All solar energy systems shall be designed, constructed, and operated in
compliance with any applicable federal, state, and local laws, codes, standards, and ordinances, as
well as adhere to the requirements of local utilities if connected to utility lines, including, but not
limited to the State of Minnesota Building Code, Minnesota State Electric Code, and Minnesota State
Plumbing Code.
(6) Interference. Solar energy systems shall be designed to not cause electrical, radio frequency,
television, and other communication signal interference.
(7) Installation. Solar energy systems shall require the issuance of a building permit.
.(8) The structure upon which the solar energy system is mounted shall have the structural
integrity to carry the weight of the solar energy system. Proof of structural integrity shall be submitted
to the satisfaction of the building inspector
(D) Administrative Review Process
(1) In general. Applications that meet the design requirements of this policy shall be granted
administrative approval by the Zoning Administrator or other Authorized Agent. Plan approval does
not indicate compliance with Building Code or Electric Code. All systems shall comply with the
Minnesota State Building and Electric Code.
(2) Submittal requirements. An application for a solar energy system shall be filed on a form
provided by the City. In addition, the applicant shall submit the following:
104
(a) Plan application for solar energy systems shall be accompanied by scaled horizontal and
vertical (elevation) drawings. The drawings must show the location of the system on the
building, or on the property for a ground-mounted system, including the property lines.
1. For all building-mounted systems other than a flat roof the elevation drawings
shall show the highest finished slope of the solar collector and the slope of the
finished roof surface on which it is mounted.
2. For flat-building-building systems a drawing shall be submitted showing the
distance to the roof edge and any parapets on the building and shall identify the
height of the building on the street frontage side, the shortest distance of the
system from the street frontage edge of the building, and the highest finished
height of the solar collector above the finished surface of the roof.
(b) Written evidence that the electric utility service provider that serves the proposed site has
been informed of the applicant's intent to install a solar energy system, unless the
applicant does not plan, and so states so in the application, to connect the system to the
electricity grid.
(c) Written evidence that the electric solar energy system components have a UL listing.
(E) Solar access. Solar access easements may be filed consistent with Minn. Statute Section §500.30 as
may be amended from time to time. Any property owner may purchase an easement across nearby
properties to protect access to sunlight. The easement is purchased or granted by owners of nearby
properties and can apply to buildings, trees, or other structures that would diminish solar access.
(F) Legal, non-conformities. Solar energy systems in existence prior to adoption of this ordinance shall be
permitted to exist and be repaired in their current form. However, any changes, expansions, or upgrades in
the solar energy system, that would require a building permit, shall necessitate conformance with this
section.
§152.038 Accessory Uses (R-1 District)
Subject to the provisions of §152.175 through §152.186, the following accessory uses are
permitted in the R-1 District:
(I) Solar energy systems, subject to the provisions of §152.187
§152.103 Accessory Uses (R1-A District)
Subject to the provisions of §152.175 through §152.186, the following accessory uses are
permitted in the R1-A District:
(F) Solar energy systems, subject to the provisions of §152.187
§152.122 Conditional Uses (Commercial District)
105
Subject to the provisions of §152.175 through §152.186, the following conditional uses are
permitted in the C District:
(Z) Solar energy systems, subject to the provisions of §152.187
Section Three. Findings for Amending the City of Saint Anthony Village City Code by
Amending Sections 152.008 and Section 152.187. In amending the City of Saint Anthony Village City
Code by amending Sections 152.008 and Section 152.187 relating to the regulations of solar energy
systems, the City Council of the City of Saint Anthony Village finds that the amendment 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 Four. Effective Date. This Ordinance amendment shall be in full force and effect upon
its publication as provided by law.
Passed in regular session of the City Council on July 14th, 2015.
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
First Reading-June 9, 2015
Second Reading-June 23, 2015
Adopted-July 14, 2015
Publish: St. Anthony Bulletin
Publication Date: July 22, 2015
106
Date Type Staff Present
July 28 Regular
Quarterly Goals Update
Night to Unite Presentation
Night to Unite Proclamation
City Council
City Manager
Police Chief
July 31 Special
1:00 p.m.Worksession
City Council
City Manager
Finance Director
July 31 Special
2:30 p.m.Former Elected Officials City Council
City Manager
August 11 Regular Planning Commission items from July
Liquor Operations Mid-Year Report
City Council
City Manager
Liquor Op Mgr
August 25 Regular Budget Presentation
SANB #282 Presentation
City Council
City Manager
September 8 Regular
Planning Commission items from August
2016 Preliminary Operating Budget and Levy
2016 Street Project Receiving Feasiblity Report
City Council
City Manager
Finance Director
City Engineer
September 15 Special
5:30 p.m.Worksession - Table Top
City Council
City Manager
Department Heads
City Engineer
City Planner
September 22 Regular Fire Prevention Presentation
Kiwanis Peanut Day
City Council
City Manager
Fire Dept
October 13 Regular Planning Commission items from September
Approval of Election Judges for the Municipal Election on November 3rd.
City Council
City Manager
October 27 Regular Quarterly Goals Update City Council
City Manager
November 10 Regular
Planning Commission items from October
Canvass Election Results from the November 3rd Municipal Election
Ordinance Setting Water & Sewer Rates for 2016 - 1st Reading
City Council
City Manager
City Clerk
November 24 Regular Setting 2016 Fees
Ordinance Setting Water & Sewer Rates for 2016 - 2nd Reading
City Council
City Manager
Finance Director
December 8 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Accept Donations
Setting Salary of City Manager
Authorinzing Transfers & Closing of Specified Funds
Setting the 2015 General Operating Budget and Property Tax Levy
Ordinance Setting the Water& Sewer Rates for 2016 - final reading
City Council
City Manager
Finance Director
December 22 Regular City Council
City Manager
FUTURE COUNCIL AGENDA ITEMS
2015
107
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
January 12 Regular Housekeeping Resolutions City Council
City Manager
January 14 & 15 Special Goal Setting
City Council
City Manager
Department Heads
January 26 Regular
2016 Street Project
Call for hearing on Improvements
Call for hearing on Assessments
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 11 Regular Planning Commission items from January
2015 Administrative Annual Report
City Council
City Manager
February 26 Regular 2016 Strategic Plan (motion only)City Council
City Manager
March 10 Special
5:30 p.m.Joint Meeting with Parks Commission
City Council
City Manager
March 11 Regular Planning Commission Items from February City Council
City Manager
March 26 Regular Adoption of Parks Commission Work Plan (motion only)City Council
City Manager
April 12 Regular Planning Commission Items from March City Council
City Manager
April 26 Regular 1st Quarter Goals Update City Council
City Manager
May 10 Regular Planning Commission Items from April
Recognition of Chamber's Villager and Business of the Year
City Council
City Manager
May 24 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
June 14 Regular Feasibility Report for 2017 Street Project
City Council
City Manager
City Engineer
June 28 Regular Audit Presentation City Council
City Manager
Finance Director
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
VillageFest Presentation
City Council
City Manager
Items Pending:
~ Worksessions
2016
108