HomeMy WebLinkAboutPL PACKET 06202000 Meeting Sheet
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Document: PL PACKET 06202000
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AGENDA
CITY OF SAINT ANTHONY
PLANNING COMMISSION
NOTICE IS HEREBY GIVEN under the Minnesota Statutes, that the Planning Commission will hold
a regular meeting on Tuesday, June 20, 2000, at 7:00 pm at the City Council Chambers, 3301 Silver
Lake Road, Saint Anthony, Minnesota.
NOTE: The Planning Commission has received the staff reports chid recommendations, plus
supporting documentation from the applicant, through staff for all items on this agenda. This
information was distributed prior to the meeting date. Individual Commissioners and staff also
visit the application sites during the week prior to meetings. As a result of this preparation,
items which appear to be routine will typically be hwidled very quickly, and discussion on
disputed or questionable items can begin from a position of general understwiding of the issues.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS:
Please notify the Chairman prior to the beginning of any meeting of your desire to speak before
the Commission. Your remarks will be limited to five minutes.
L PUBLIC INPUT
The public may speak at this time on any planning and zoning related matters of a general
nature. However, there will not be any discussion or action by the Commission at this time.
II. MINUTES
1. Approve May 16, 2000 Planning Commission meeting minutes. Action requested.
(PP.-
.2. City Council's May 23, 2000 regular meeting minutes. No action required. (12-23)
3. Parks Commission's June 12, 2000 regular meeting minutes. No action required. (24-
31)
UL COMMUNICATION FROM CITY COUNCIL
1. None.
IV. REQUESTS FOR POSTPONEMENTS OR WITHDRAWAL OF APPLICATIONS
1. None.
2
V. NEW APPLICATIONS/PUBLIC HEARINGS
1. PUBLIC HEARING. 4004 Fordham Drive lot width and lot area variance request.
Action required. (32-48)
2. PUBLIC HEARING. AT&T Wireless for 2801 37th Avenue NE. Conditional use permit
and variances for construction of a 75-foot monopole tower. Action required. (49-63)
3. PUBLIC HEARING. An Ordinance amendment relating to lot coverage and building to
land ration, amending sections 1605, .Subd. 44(a) and 1615.05, Subd. 8 of the 1993 St.
Anthony Code of Ordinances. Action required. (64-71)
4. PUBLIC HEARING. Hillcrest Development's preliminary development plan for the
property/site known as the Apache Plaza. Action required. (72-122)
5. PUBLIC HEARING. Tax Increment Financing (TIF) plan for the property/site known as
the Apache Plaza. Action required. (123-125)
VI. POSTPONED APPLICATIONS
1. None.
VII. REPORTS, PRESENTATIONS, and/or CONCEPT REVIEWS
1. CONCEPT REVIEW. The industrial building at 2801 37th Avenue NE sets on two
adjacent lots zoned LI. The owner, Village Properties, seeks to subdivide the two
existing lots into four adjacent lots. Concurrently, the owner seeks to combine the two
(central) of the resulting lots into one lot. These actions will produce three adjacent lots
running from West-to-East along 37th Avenue. The existing building at 2801 will be
located on the combined lot with a new parcel to the West and a new parcel to the East.
Requires two separate subdivision applications and a Declaration of Restrictions
agreement for combining two parcels. No action required. (126-140)
2. CONCEPT REVIEW. Expansion of the Apache Animal Clinic & Hospital at 2501 37th
Avenue NE. The applicant wishes to rezone, from LI to C, the proposed parcel of land to
the West of 2801 37th avenue (see Concept Review #1 above), and combine it with their
existing parcel at 2501 37th Avenue NE. Requires a rezoning petition and Declaration of
Restrictions agreement. No action required. (141-144)
3. CONCEPT REVIEW. For expanding the Smart Stop building at 3259 Stinson Blvd into
a mini strip mall. Said expansion is proposed onto the adjacent property at 3245 Stinson
Blvd. Therefore, said expansion requires a petition for rezoning of the adjacent property
at 3245 Stinson Blvd from R2 to C. Requires a rezoning,petition and a Declaration of
Restrictions agreement. No action required. (145-149)
�l
3
4. CONCEPT REVIEW. For locating the Frontline Church and Outreach Center in the
commercial property at 2654 Kenzie Terrace. Requires a petition for amendment to
zoning ordinance (adding a church as a conditional use in a C district) and permit for
conditional use. No action required. (150-151)
5. CONCEPT REVIEW. For building a Fuel Mart Car Wash on the property at 3813
Stinson Blvd. NE zoned C. Requires a permit for conditional use. Since the owners own
the adjacent commercial property (Fuel Mart), if the-Commission wishes, they would be
willing to combine the two lots into one. If lots are combined, then it would also require
a Declaration of Restrictions. No action required. (152-167)
VIII. CONTINUED BUSINESS
1. Update on RCWD's permit #9611 violation for Apache Plaza/Silver Lake Center Storm
Water Management Plan. Letter from Bruce G. Miller, P.E. to RCWD, dated May 12,
2000, responding to RCWD's request for a "corrective action plan." No action required.
(168-174)
2. Livable Communities Demonstration Grant Application and Resolution #00-051. No
action required. (175-176)
3. Sample of a Planned Unit Development Agreement as requested by Commissioner
Melsha at the May 16, 2000 Planning Commission Meeting. (177-208)
IX. COMMISSION INPUT
1. Commissioners comments.
X. ADJOURNMENT
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING MINUTES
3 MAY 16, 2000
4 7:00 p.m.
5 CALL TO ORDER.
6 The meeting was called to order at 7:00 p.m.-
7 PLEDGE OF ALLEGIANCE.
8 Chair Bergstrom invited the Commission and audience to join in the Pledge of Allegiance.
9 ROLL CALL.
10 Present: Chair Bergstrom; Commissioners Tillmann, Hanson, Thomas,
11 Melsha, Hatch, and Stille.
12 Commissioners absent: None.
13 Also present: Spencer A. Isom, Assistant City Manager.
14 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE
15 FOLLOWING ITEMS:
16 None.
•17 I. PUBLIC INPUT.
8 Chair Bergstrom invited anyone from the audience to provide general input to the Planning Com-
19 mission.
20 Patty Salser, 2905 Silver Lake Court, stated that she and her husband are current co-presidents of
21 the Silver Lake Residents Association and they participate with the water quality task force as well.
22 She announced that the Task Force felt that it is very important that action is taken with regard to
23 the water quality of Silver Lake, particularly in light of the fact that Silver Lake is a community
24 resource for fishing and swimming. A suggestion had been given that ponding of the water before
25 the stormwater runs into Silver Lake could be a viable option and she wished to pass that suggestion
26 along to the Commission.
27 Chair Bergstrom reassured Ms. Salser that the Commission shares her concerns.
28 II. MINUTES.
29 Motion by Thomas,second by Hanson,to approve the April 18,2000 Planning Commission meeting
30 minutes with the following modification:
31 Page 2, Line 16, change "Office/high tech"to "commercial mixed use designation."
32 Motion carried unanimously.
• ,3 III. COMMUNICATION FROM CITY COUNCIL.
2
Planning Commission Meeting Minutes
May 16, 2000
Page 2
1 Commissioner Stille agreed to attend the City Council meeting on Tuesday,May 23,as the Planning
2 Commission Liaison.
3 IV. REQUESTS FOR POSTPONEMENTS OR WITHDRAWALS OF APPLICATIONS.
4 1. Withdrawal of Hillcrest Development's request for zoning map change and zoning code
5 amendment.
6 Assistant City Manager Spencer Isom provided background information on this subject for the
7 Commission by stating that on April 18, 2000, the Commission heard Hillcrest's request for the
8 following (1) an amendment to the Comprehensive Plan to accommodate an office/High-tech
9 designation; (2) a petition for new zoning district for Apache Plaza property from a C-1 to a C-2
10 Commercial which would allow a change from strictly retail use to office,commercial,warehouse,
11 and light industrial uses; and (3) an amendment to the zoning ordinance for a change from C-1 to
12 a C-2 district. During the April 18,2000 meeting,the Commission asked Hillcrest to withdraw their
13 request for items two and three.
14 Consequently,Hillcrest Development has submitted a formal request to withdraw its application for
15 zoning map change and zoning code amendment.
• 16 Motion by Melsha, second by Tillmann, to accept Hillcrest Development's withdrawal letter, as
7 written by Anthony J. Gleekel, dated April 25, 2000.
18 Motion carried unanimously.
19 V. NEW APPLICATIONSIPUBLIC HEARINGS. .
20 1. Public Hearing. Ordinance 2000-006 relating to zoning and planned unit developments;
21 amending section 1655 of the St. Anthony Code of Ordinances in its entirety.
22 Chair Bergstorm opened the public hearing at 7:08 p.m.
23 Assistant City Manager Spencer Isom reviewed for the Commission that Ordinance 2000-006, a
24 copy of which is in the Commission's agenda packets,is consistent with the May 4,2000 update of
25 the critical path for the planned unit development/ordinance process and Hillcrest Development's
26 redevelopment of Apache Plaza. The ordinance was drafted by the City's planning consultant
27 ("DSU") and subsequently edited by City Attorney Soth.
28 In this respect,Isom invited planning consultant John Shardlow,DSU,to address the Commission.
29 Mr. Shardlow reviewed that the firm of DSU had been contacted to assist the City with the Apache
30 Plaza redevelopment project. Subsequently, Mr. Shardlow recommended that the City pursue a
• 31 Planned Unit Development ("PUD"), but in order to do that, the City needed to create a new land
32 use designation. That designation would be a commercial mixed land use designation, and there is
- 33 currently an application pending before the Metropolitan Council for a minor amendment to the
34 Comprehensive Plan.
3
Planning Commission Meeting Minutes
May 16, 2000
• Page 3
1 Mr. Shardlow presented a pyramid illustration which indicated the level of control and discretion
2 that is available to cities in different categories of the illustration.
3 Mr. Shardlow explained the definition of a PUD, which is also listed in the proposed Ordinance
4 2000-006. In essence, a PUD is a zoning district and development plan which may include single
5 or mixed uses, and one or more lots or parcels, and which is intended to create a more flexible,
6 creative, and efficient approach to the use of land. A PUD site must be three acres in size, and
7 applications for PUD approval will not be considered for sites of less than 3 acres.
Stille inquired about Section 1655.09, Subd. 4., Security., which was page five of the proposed
Ordinance 2000-006. . Stille stated that the section mentioned that a letter of credit in a form
acceptable to the city shall be required to guarantee performance by the Developer. Stille suggested
an addition to the section which would address an acceptable source to obtain the letter of credit.
8 Mr. Shardlow stated he would mention that issue to City Attorney William Soth.
9 Chair Bergstrom closed the public hearing at 7:19 p.m.
10 Chair Bergstrom asked the Commissioners for comments.
• Thomas is satisfied with the PUD.
12 Hanson asked if the park dedication ordinance would be addressed. Bergstrom responded that he
13 would envision that to be placed in the PUD Agreement. Mr. Shardlow agreed that the park dedica-
14 tion ordinance would be addressed in the PUD agreement. Furthermore,he stated that City Attorney
15 Soth would address the issue in the subdivision regulations.
16 Hatch inquired about the possibility of future requests regarding PUDs.
17 Mr. Shardlow said the ability to vary from rigid setbacks is an excellent option for the City because
18 a property could be custom designed.
19 Stille stated that he had reviewed another city's PUD and was informed that there is a need for
20 finding of fact for the applicant. This finding of fact would be intended to assure the community and
21 the City that the PUD is in the best interest of the community.
22 Mr. Shardlow assured the Commission that any time a zoning decision is made,the findings of fact
23 are adopted. It would be Mr. Shardlow's assumption that, as part of his retainment with the City,
24 that factual information would be included in the findings and then would go to the City Council as
25 a draft set of findings.
•'6 Motion by Thomas, second by Tillmann, to adopt Ordinance 2000-006, an Ordinance Relating to
t7 Zoning and Planned Unit Developments; Amending Section 1655 of the St. Anthony Code of
28 Ordinances in its Entirety.
Planning Commission Meeting Minutes
May 16, 2000
Page 4
1 Motion Carried Unanimouslv.
2 VI. POSTPONED APPLICATIONS.
3 None.
4 VII. REPORTS, PRESENTATIONS, AND/OR CONCEPT REVIEWS.
5 1. Concept Review. 4004 Fordham Drive Lot Width and Lot Area Variance Request.
6 Assistant City Manager Spencer Isom stated that David and Pauletta Sperry were asking for a
7 variance for their property at 4004 Fordham Drive. The Commission and City Council had previ-
8 ously heard the request(both in May 1999),and both the Council and the Commission approved the
9 request. However, the variance request would expire on May 25, 2000, and Mr. and Mrs. Sperry
10 have not been able to complete the project. Under City Ordinance,the structure must be constructed
11 within one year from the date the variance is granted, or a new Petition for Variance must begin.
12 Chair Bergstrom invited Mr. and Mrs. Sperry to address the Commission. Mr. Sperry stated that
13 they were delayed in beginning construction last summer,and have recently come to an agreement
14 about the structure,and have a plan in hand. Mr. Sperry said the plan is not exactly the same as was
15 approved last year, and the.plan still falls within the 35% lot coverage restriction. The reason for
. 016 the ordinance is because the lot in question is 60 feet wide and its area is 7,985 square feet and as
7 such, not considered a buildable residential lot according to City Ordinance. The Ordinance states
18 that a residential lot in the R-1 Zoning District must be a minimum 75 feet wide and an interior lot
19 must be not less than 9,000 square feet. The Sperrys are asking for a lot width variance of 15 feet
20 and a lot area variance of 1,015 square feet.
21 Mr. Sperry presented a rendering of the proposed structure, showing the rear elevation, front ele-
22 vation, and floor plan. Mr. Sperry said they are ready to continue, but simply need the building
23 permit.
24 Hatch noted that it would appear from the sketch presented that runoff from the roof would run
25 towards the comers of the house. Mr. Sperry noted that the drainage would mostly drain towards
26 the street and he had been careful in the plans of the home to ensure.that runoff did not drain into
27 neighboring yards. Even with that in mind,Mr. Sperry noted his plans to consult with neighbors to .
28 ensure that drainage would not jeopardize the adjoining properties.
29 Bergstrom mentioned that it appeared that the plan was consistent with the plans presented last year.
30 However, he stated it would be critical to indicate the side yard setbacks for the next Planning
31 Commission Meeting.
32 Chair Bergstrom thanked Mr. and Mrs. Sperry for their presentation and input.
•z3 2. Concept Review. AT&T Wireless to request Conditional Use Permit for 75 foot monopole
34 tower at 2801 37th Avenue NE.
Planning Commission Meeting Minutes 5
May 16, 2000
• Page 5
1 Assistant City Manager Isom reviewed for the Commission that AT&T Wireless Services (AWS)
2 was interested in filing an application for a Conditional Use permit to allow for a new 75-foot cellu-
3 lar,monopole to be placed on an industrial zoned property at 2801 37th Avenue NE. Permission has
4 been obtained by the owner of the property,and the AWS monopole would be the second such pole
5 on the property. The first pole is owned by US West Wireless Services (USWW).
6 Isom introduced Julie Townsend, Contractor, AT&T Wireless Services, and invited her to address
7 the Commission. Ms. Townsend stated that AWS is proposing to place a similar structure on the
8 property such as US West has installed. AWS is not able to use the existing USWW structure to co-
g locate because AWS needs at least 75 feet for antenna placement. Along with a new monopole,
10 AWS would be constructing an equipment shelter to house the radio cabinets. The shelter is planned
11 to be 12' by 28' and 10' tall and constructed of a material that is acceptable to the City.
12 Bergstrom asked why the two poles couldn't be combined. Ms. Townsend stated that many of the
13 carriers co-locate often; however, negotiations between USWW and AWS had fallen through and
14 the companies were not able to agree on the issue of co-locating poles.
15 Ms. Townsend presented a site map and pointed out several potential locations for the pole.
• Bergstorm offered that if the antenna could be tucked behind a building for an aesthetics purpose,
that.would be,the optimal choice. Ms.Townsend inquired of Assistant City Manager Isom if there
was an accessory structure_setback. Isom stated that he would research the setback requirements and
16 return an answer to her at a later time.
17 Hatch inquired about the possibility of putting the equipment underground. Ms. Townsend re-
18 sponded that such an option had been revie«ed by engineers and other professionals,and it had been
19 determined that the equipment could not be placed underground. This is due in part to the harsh
20 Minnesota climate.
21 Thomas mentioned that the issue of antenna placement had been discussed at another Planning
22 Commission meeting, and it was explained at that time that St. Anthony is a desirable place for
23 antennas and towers. Thomas stated his belief that there should be more cooperation between the
24 companies to minimize the number of towers and antennas going up within the community.
25 Ms.Townsend stated that AT&T would be willing to coordinate with another carried in the future,
26 but a taller monopole would have to be installed to accommodate more than one carrier.
Tillmann inquired if there-was a conditional use permit for the existing pole and what type of con-.
ditions have been enacted into the permit. Isom stated that there is a.-conditional use permit;how-
ever the specifics of the permit were unknown. Tillman wondered if there was away to nudge US
•27 West into reconsidering negotiations with AT&T regarding placement of a monopole.:
Bergstrom summarized the-issue for Ms.Townsend by stating that the Commission would.preferthat
the base and accessory building be on the north side and if variances and setbacks were required,..
28 then Ms. Townsend would need to meet with Assistant City.Manager Isom
Planning Commission Meeting Minutes 6
May 16, 2000
Page 6
0. ..
1 Hatch requested photographs of the proposed structure from different angles and the various lo-
2 cations discussed from the site map presented earlier to be presented at the next Planning
3 Commission meeting.
4 Thomas requested a photograph of the existing pole. Ms. Townsend agreed to both requests.
5 Bergstrom thanked Ms. Townsend for her presentation.
6 3. APPLICATION CONFERENCE AND SKETCH PLAN. Staff, Planning Consultant, and
7 Commission to hear Hillcrest Developments "Application Conference" and"Sketch Plan"
8 for the redevelopment of the Apache Plaza.
9 Assistant City Manager Isom reviewed for the Commission that the application conference is con-
10 sistent with the May 15, 2000 update of the critical path for planned unit development ordi-
11 nance/process and Hillcrest Development's redevelopment of the Apache Plaza. Proposed Ordi-
12 nance 2000-006 outlines the procedures for processing a Planned Unit Development. The appli-
13 cation conference and sketch plan are the first steps of said procedure. Isom noted for the Com-
14 mission that pertinent sections of the proposed ordinance are included in the agenda packets.
15 Mr. Shardlow (DSU) addressed the Commission and stated that he was in attendance to represent
6 the Staff. Additionally, Hillcrest Development's application would be the first application to be
17 reviewed under the new PUD ordinance, and so it needed to be reviewed carefully. Furthermore,
18 Mr. Shardlow stated that this is the City's opportunity to ask questions of the developer,particularly
19 the need to define the range of uses that would be appropriated within the building and the intensity
20 of the landscaping.
21 Bergstrom thanked Mr. Shardlow for his input and attendance.
22 Anthony Gleekel, attorney for Hillcrest Development, addressed the Commission. Mr. Gleekel
23 stated that he had attended a meeting recently with Chair Bergstrom,Assistant City Attorney Isom,
24 and John Shardlow(DSU),and the application was reviewed during that meeting. Mr.Gleekel noted
25 that the application, application fee, cover letter, exhibits, and narrative that have been presented
26 -represent the results of discussions held over the past several months.
27 Mr. Gleekel continued by stating that further information would be submitted, including a rudi-
28 mentary landscaping plan and other issues, such as parking islands, and the beautification of the
29 exterior building. Additionally,Hillcrest has met with a consultant regarding the watershed district
30 issue and different options are being reviewed and considered. With regard to lighting, Hillcrest
31 continues to work with Staff and designers in order to meet City Code and provide prospective
32 tenants with safe and effective lighting.
033 Mr. Gleekel wished to be clear in stating that Hillcrest Development is not interested in placing any
34 housing or retail on the site.
Planning Commission Meeting Minutes
May 16, 2000
Page 7
1 Isom noted that there is a clock associated with the application process and that some additional
2 information would be needed from Hillcrest Development in order to complete the process. In the
3 meantime, a public hearing on this issue is.scheduled for the June 20, 2000 Planning Commission
4 meeting and the information must be submitted prior to that time.
5 Mr. Gleekel responded that the plans are in the process and that Tuesday, May 30, 2000 would be
6 the latest date he would perceive the plans being submitted.
7 Mr. Scott Tankenoff, managing partner of Hillcrest Development, noted that the New Market site
8 is not considered ancillary at this point and believed it was needed to support the Apache Plaza site
9 at this time.
10 Bergstrom mentioned the watershed issues. Mr. Tankenoff stated that Hillcrest Development is
11 taking the watershed issue seriously and that many comments have been made about the water
12 quality of Silver Lake. Mr. Tankenoff stated that he has talked with many residents as well as City
13 Staff,and that Hillcrest Development is planning on including a meaningful amount of time relating
14 to stormwater quality for the site.
.15 Hanson noted that some of the impervious surfaces around Apache Plaza might be alleviated once
. 16 the landscaping planned for the site is accomplished. This could assist in alleviating some of the
7 stormwater quality issue.
18 Bergstrom noted that the Commission would like to view drawings on how traffic is proposed to be
19 circulated around the site. He believed that the City would like to manage some traffic control so
20 jams would not occur going across the bridge.
21 Bergstrom inquired if a signage package had been developed. Mr.Gleekel responded that a signage
22 package was being developed,but the ultimate plans would depend upon the type of clients obtained.
23 Bergstrom suggested that a form of a comprehensive signage package be presented for consideration
24 and review to the Planning Commission when Hillcrest arrives at that planning stage.
25 Hanson inquired about the lack of potential food suppliers in the area to support the tenants of the
26 building. Mr. Tankenoff responded that there are three options currently available and others are
27 being considered.
28 Bergstrom asked Mr. Tankenoff to discuss in the preliminary plan the idea that Hillcrest Devel-
29 opment might be approached by wireless companies wishing to place antennas on top of the
30 building. Mr. Tankenoff responded that issue would be addressed in the plan.
31 Bergstrom inquired about the community space concept for Apache Plaza. Mr. Tankenoff en-
• "i2 couraged the City to form a task force to consider variations of options. Mr.Tankenoff offered that
33 the community space concept would not be driving the redevelopment project;however,he would
34 be interested in obtaining visions from the City about the concept in order to continue with
Planning Commission Meeting Minutes 8
May 16, 2000
• Page 8
1 preliminary concepts. Bergstrom encouraged Mr. Tankenoff to work with the City and consultant
2 John Shardlow about the scope of the project.
3 In response to questions regarding a backup plan for the redevelopment,Mr.Shardlow clarified that
4 the proposal from Hillcrest is to redevelop the property,and there will be an understanding within
5 the PUD to that extent. However,there also needs to be an understanding about a separate backup
6 plan. Mr. Shardlow stressed that it is important to anticipate the process and have a potential
7 alternative plan.
8 Hanson inquired if underground parking would be considered. Mr.Tankenoff responded that a plan
9 would be submitted about access to the basement of the site; however, he stated that currently the
10 majority of the basement does not have a floor, no sprinkler system, and would not easily be
11 subdivided.
12 Hanson inquired about the relationships with the current retailers of the site. Mr. Tankenoff re-
13 sponded that discussions have been ongoing with the retailers, particularly Herbergers, and that
14 Herbergers is considering alternatives to suit what is best for its own business plan. There are a
15 small amount of other tenants within the site that are on a month-to-month leasing basis, and it
16 would be likely that those tenants would need to vacate the property once construction has begun.
Bergstrom summarized by stating that the CitywouId be receiving pertinent information by the end
of May 2000, and the Planning Commission would be having a worksession on June.6, 2000.
Bergstrom reiterated his request to have information provided to the Commission prior to the June
17 6, 2000 worksession in order to allow the Commissioners time to review the information.
18 Chair Bergstrom thanked Mr. Gleekel and Mr. Tankenoff for their input and presentations.
19 4. REPORTS. Livable Communities Fund Application/Status Report.
20 Chair Bergstrom invited Mr. Shardlow (DSU) to approach the Commission. Mr. Shardlow sug-
21 gested that a subcommittee of the Planning Commission meet with himself and a representative of
22 the developer(Hillcrest)and arrive at a particular planning process. This is due to the fact that there
23 is not enough time to do things in the typical matter of process and there might be a possibility to
24 request some funding. It would be Mr. Shardlow's hope that if the community was successful in
25 obtaining the funding, it would be more likely in the future for additional funding.
26 It was agreed that a meeting would be held on Monday,May 22,2000 at 3:00 p.m.and any members
27 of the Planning Commission were encouraged to attend as part of a subcommittee,along with John
28 Shardlow and representatives of Hillcrest Development.
29 Chair Bergstrom called a five-minute recess at 9:25 p.m.
0-to Chair Bergstrom called the meeting to order at 9:30 p.m.
31 VIII. CONTINUED BUSINESS.
Planning Commission Meeting Minutes
May 16, 2000
Page 9
1 Assistant City Manager Isom reviewed for the Commission that he had been requested at the last
2 meeting to obtain copies from Doug Jones (2505 Silver Lane NE) of various correspondence re-
3 garding the stormwater drainage issue. Isom noted for the Commission the package of information
4 and correspondence in the agenda packets that has been obtained regarding the storm 'water issue.
5 In addition, Isom noted that he had spoken with Ms. Kate Drewry, District Administrator, Rice
6 Creek Watershed District, since her last letter of April 25, 2000.
7 As an aside, Isom stated that the District is operated by a Board. of Managers and that regular
8 meetings are held.
9 Isom stated that one of the conditions for the Apache project is that the project be in compliance with
10 the Rice-Creek Watershed District. In this regard,Isom would discuss this issue with City Attorney
11 Soth.
12 Hanson asked Isom if he envisioned that the City should be working more directly with the Rice
13 Creek Watershed District as opposed to individual businesses. Isom noted that in correspondence
14 from Mr.Jones,he had suggested that a letter from the City directed to Rice Creek might spark some
15 action. From a Staff's standpoint, Isom felt that would be helpful. In other words, if the City has
16 a position and submitted that standpoint to the Rice Creek Watershed District,possibly some action
�7 could happen..
18 Bergstrom inquired if that letter was in the process of being developed. Isom said not at this point;
19 however,he would take the discussion at the Planning Commission meeting today as a direction to
20 move forward.
21 Bergstrom commended Isom on the excellent summary and collection of historical materials and
22 background information on this issue.
23 IX. COMMISSION INPUT.
24 1. Action Item Commission to review proposed amendment to zoning ordinance requiring a
25 minimum of three (3) acres for a Planned Unit Development(Ordinance 2000-00).
26
27 Assistant City Manager Isom noted that the nature of this issue is if an applicant comes to the City
28 for rezoning,it would give the Commission and the Council the option to require a PUD designation
29 if the property in question exceeds three acres. This Ordinance was drafted at the recommendation
30 of City Attorney William Soth.
31 Motion by Thomas, second by Stille, to approve Ordinance 2000-00, an Ordinance Relating to
32 Rezoning; Permitting the City to Designate Property Being Rezoned as a Planned Unit Develop-
33 ment; Amending Sections 1665.03 of the City Code of Ordinances to Add a New Subd. 5.
•34 Motion carried unanimously.
35 2. Commissioner Comments.
Planning Commission Meeting Minutes
May 16, 2000
Page 10
•
1 Hanson commented that he is concerned about the water quality of Silver Lake,but also mentioned
2 that the City cannot be put in a position to punish Hillcrest Development for wrongs that have
3 occurred in the past. There are other routes to correct those problems. Additionally, he is pleased
4 with Mr.Tankenoff s comments that Hillcrest plans on exceeding the standards imposed by the Rice
5 Creek Watershed District.
6 As a business owner, Hanson understands Hillcrest's position regarding the New Market Site and
7 suggests that the Commission not back Hillcrest into a corner.
8 Thomas commented that he would suggest that the Planning Commission begin looking at programs
9 and policies to assist with renovating older homes. He would be able to provide some information
10 that he could share with the Commission and Staff. One suggestion would be to tie in the policies
11 with the point of sale ordinance that has been discussed, as well as tie in with some rehabilitation
12 programs that are available through the State. Thomas will gather information and make this
13 available to Staff to place as an agenda item on an upcoming Planning Commission meeting.
14
15 Additionally, Thomas believes the City has an excellent opportunity that fits the guidelines of the
16 Metropolitan Council Livable Cities and believes there is room and flexibility to accommodate
17 housing, redevelopment, and retail.
Melsha commented that he would like to see acopy of a form PUD agreement. He requested that
Assistant City Manager Isom'work with the City Attorney to obtain a form for the Commission's
18 review.
19 Melsha related that the prior Assistant City Manager,Ms.Kim Moore-Sykes,had mentioned certain
20 conditions on placement of antenna towers for wireless companies. He suggested the possibility of
21 placing a condition of sorts that would require different carriers to cooperate with each other so the
22 City could reduce the number of towers and antennas in the neighborhoods.
23 Bergstrom noted the flyer inserted into the Agenda packets that mentions the May 20, 2000 Town
24 Meeting. He also noted the mention of booths. He directed Assistant City Manager Isom to find
25 out the intent of the booths and more details as to whether the Planning Commission would be
26 required to have a booth.
27 Bergstrom received a letter from the VillageFest committee stating that the Planning Commission
28 is invited to participate in the parade. The parade will be held on Saturday,August 5,2000,and the
29 details will be discussed at later Planning Commission meetings. He requested that the Com-
30 missioners place the date on their calendars.
31 Thomas noted an excellent website for the Commissioners to view,called www.plannersweb.com.
• '2 Bergstrom noted that every year Hennepin County presents an annual report which provides a listing
33 of all the homes that have sold and the statistics of such sale. He planned on giving the report to
34 Assistant City Manager Isom and the Commissioners were welcome to contact Isom for a copy.
Planning Commission Meeting Minutes
May 16, 2000
Page 11
1 Hatch inquired about the progress of the green space at St. Anthony Shopping Center. Bergstrom
2 responded that he believed the project was with the Public Works Department and the Parks
3 Commission.
4 Stille commented that he believed the City was on the right track regarding the Rice Creek
5 Watershed District issue. But he believed that the enforcement issue would rest on the Watershed
6 District. Additionally, Stille noted that the City of Richfield has some successful programs re-
7 garding watershed.
8 X. ADJOURNMENT.
9 Motion by Bergstrom, second by Melsha,to adjourn at 10:00 p.m.
10 Motion carried unanimously.
11 Respectfully submitted,
12 Sue Selseth
. 13. TimeSaver Off Site Secretarial, Inc.
•
1 CITY OF ST. ANTHONY 12
2 CITY COUNCIL REGULAR MEETING MINUTES
MAY 23, 2000
7:30 p.m.
5 I. CALL TO ORDER.
6 Mayor-Cavanaugh called the meeting to order at 7:32 p.m.
7 II. PLEDGE OF ALLEGIANCE.
8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance.
9 III. ROLL CALL.
10 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and
11 Hodson
12 Councilmembers absent: None
13 Also present: City Manager Michael Morrison; City Attorney William Soth.
14 IV. APPROVAL OF MAY 23, 2000 CITY COUNCIL REGULAR MEETING AGENDA.
15 Motion by Hodson to approve the May 23, 2000 City Council Regular Meeting Agenda as pre-
' 16 sented.
17 Motion carried unanimously.
V. PROCLAMATIONS AND RECOGNITIONS.
None.
20 VI. COMMUNITY FORUM.
21 Cavanaugh invited members of the audience to address the City Council on issues that are not
22 specifically listed on the agenda. Hearing no response, Cavanaugh moved forward with the cur-
23 rent agenda.
24 VII. CONSENT AGENDA.
25 Cavanaugh requested that pages 13-20 of the Consent Agenda be removed for further discussion.
26 Motion by Horst to approve the balance of the Consent Agenda,which consisted of:
27 1. Approval of Regular Council Meeting Minutes of May 9, 2000;
28 2. Licenses and Permits;
29 3. Claims;
30 4. Approval of LMCIT Insurance Renewal;
31 5. Resolution 00-039 (Dissolution of MPRS);
32 6. Resolution 00-040 (Second Amendment to Ramsey County HRA Joint Agreement);
33 7. Resolution 00-044 (Final Audit Transfers); and
34 8. Three pages of Verified Claims.
Motion carried unanimously.
13
City Council Regular Meeting Minutes
May 23, 2000
Page 2
1 Cavanaugh clarified that the items removed dealt with insurance and the potential rewording of
2 Resolution 00-034.
3 In that respect, Mayor Cavanaugh invited Mr. Carl Bennetsen of Youngdahl Companies to ad-
4 dress the Council. Mr. Bennetsen reviewed Resolution 00-034 and the appropriate changes in
5 language.
6 Motion by Thuesen to approve Resolution 00-034, a Resolution Regarding Waiver on Tort
7 Liability Limits for LMCIT Insurance Program,with the following changes:
8 Paragraph 2:
9 WHEREAS, the City has elected to purchase [delete "umbrella"I liability coverage in
10 the amount of$1,000,000, which is [delete "in excess of]the statutory limits on tort
11 liability as set forth in MN Statutes 466.04.
12 Last Paragraph:
*3 NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
14 Anthony hereby approves the waiving of the monetary limits on tort liability established
15 by MN Statutes 466.04,to the extent of the limits of[delete "the excess"J liability
16 coverage obtained from LMCIT for the policy period from June 1, 2000 to May 21, 2002.
17 Motion carried unanimously.
18 Cavanaugh inquired about the increased cost of the insurance coverage, and directed City Man-
19 ager Michael Morrison to prepare a memo, which would explain the types and causes of injuries
20 that have occurred and resulted in workmens compensation claims. Additionally, Cavanaugh
21 confirmed with Morrison that the City utilizes an organized Safety Committee.
-22 Momson directed the Council's attention to pages 16-20 of the agenda packages wherein the
23 League of Minnesota Cities Insurance Renewal was discussed. Morrison reminded the Council
24 that a motion needed to be made in order to renew coverage.
25 After a brief question and answer discussion between the Council and Mr. Bennetsen, it was de-
26 cided to renew the coverage.
27 Motion by Horst to approve the insurance renewal for the Year 2000-2001.
9 Motion carried unanimously.
14
City Council Regular Meeting Minutes
• May 23, 2000
Page 3
1 VIII. PUBLIC HEARINGS.
2 None.
3 IX. GENERAL POLICY BUSINESS OF THE COUNCIL.
4 A. Todd Hubmer. WSB, Inc., will be present for the following ts
5 1. Resolution 00-029 re: Award Construction Bid for 29th Avenue NE Street
6 Improvements.
7 Cavanaugh im-ited Todd Hubmer, WSB & Associates, to address the Council.
8 Mr. Hubmer mentioned that a letter had been previously sent to the local homeowners
9 announcing that the City Council would be discussing bids for the 29th Avenue street
10 reconstruction project.
11 Mr. Hubmer stated that he was present at the Council meeting to discuss awarding a bid
12 for the project, and continued by stating that bids were received on April 5, 2000, and had
13 been held pending the outcome of the legislative session.
•4 Consequently,the lowest bidder was Barbarossa and Sons,Inc., with a bid of
$2,049,838.66.
16 Sparks mentioned that in the letter sent to the homeowners, there was mention of a
17 special assessment towards the homeowners. She requested clarification from Mr.
18 Hubmer of that assessment.
19 Mr. Hubmer responded that the special assessment would be a one-time $400.00 assess-
20 ment charge that would be billed in increments.
21 Motion by Hodson to approve Resolution 00-029, wherein it is resolved by the City
22 Council of the City of St. Anthony:
23 1. That the Mayor and City Manager are hereby a authorized and directed to
24 enter into a contract with Barbarossa and Sons,Inc. in the amount of
25 $2,049,838.66 in the name of the City of St. Anthony,Minnesota for the
26 improvement outlined in the above referenced project according to the plans and
27 specifications,therefore, approved by the City Council and on file in the office of
28 the City Clerk.
29 2. The Engineer, WSB & Associates, Inc. is hereby authorized and directed
•30 to return forthwith to all bidders the deposits made with their bids, except that the
1 deposits of the successful bidder and the next two lowest bidders shall be retained
32 until a contract has been signed.
15
City Council Regular Meeting Minutes
May 23, 2000
Page 4
1 Motion carried unanimously.
2 2. Resolution 00-047 re: Approve Change Order Relating to Sidewalk. Lighting; and
3 Landscape Improvements for 29th Avenue NE.
4 Mr. Hubmer reviewed for the Council that the change order came about because of the
5 decision to add sidewalks to the street reconstruction project.
6 Horst inquired about the type of decorative lighting to be used. Mr. Hubmer responded
7 that the specifics of the lighting would be discussed at a later point in the project. How-
8 ever, he did anticipate state aid funding would cover a type of lighting called"shoebox"
9 lighting. These are medium-priced, and a reasonable level of lighting,but that the City
10 would be responsible for any costs incurred over the original cost of a"shoebox"type of
11 lighting.
12 Hodson inquired how the shoebox lighting would compare with what is currently being
13 utilized on Silver Lake Road by New Brighton. Mr. Hubmer responded that he believed
14 it was the same type of shoebox lighting he was referring to earlier.
�5 Morrison reminded the Council that the figures being discussed now with regard to this .
6 project only covered sidewalks and landscaping. The lighting issue would be covered un-
17 der a separate contract negotiated with NSP.
18 Horst confirmed that Mr. Hubmer would be talking with the residents on Thursday, May
19 25, 2000 regarding the width of the sidewalks, boulevard, and related issues. Mr.
20 Hubmer said the sidewalk would be a topic of discussion for Thursday,but that much of
21 that had already been discussed at previous meetings.
22 Additionally, Mr. Hubmer stated that the general consensus of the residents had
23 facilitated a new layout of the plan and he proceeded to present and display,that plan for
24 the Council. In short, the boulevard would be consistent from Stinson to Roosevelt, but
25 then at Roosevelt,the sidewalk would attach back to the curb because there are a number.
26 of homes close to the street along that stretch. Furthermore, Mr. Hubmer stated that he
27 would be receiving additional details and would go over those with the residents at the
28 meeting on May 25 because one resident is particularly concerned with the proximity of
29 the sidewalk.
30 Mr. Hubmer stated that a four-foot sidewalk had been considered until it was determined
31 that the City crews would inadvertently tear up the turf on each side of the sidewalk when
32 plowing and maintaining the sidewalks. A five-foot sidewalk was decided upon for those
•33 reasons and to allow for passing of residents.
34 Motion by Hodson to approve Resolution 00-047, wherein the City Council of the City of
16
City Council Regular Meeting Minutes
May 23, 2000
Page 5
1 St. Anthony approves Change Order No. _1 to the Contract Document relating to im-
2 provements to 29th Avenue NE.
3 Motion carried unanimouslv.
4 3. Resolution 00-046 re: Adopt Amendment to Policy on Decorative Lighting on
5 MSA Designated Streets.
6 Mr. Hubmer referred the Council's attention to his May 17, 2000 letter wherein a recom-
7 mendation was made to modify the City's existing street lighting policy and procedures
8 to include No. 6 (see below)under the City Policy section on page 1 of the Policies and
9 Procedures.
10 Motion by Horst to approve Resolution 00-046, wherein the City Council of the City of
11 St. Anthony amends the Street Lighting Policy and Procedures to include the following
12 City policy as Policy No. 6:
13 "6. The City will require that upon complete reconstruction of municipal state aid
•14 streets where pedestrian walkways are provided, decorative lighting shall be.re-
.5 quired as part of these improvements. Decorative lighting shall confirm with the
16 recommendations of the City Council after review of the lighting plan by the City
17 Planning Commission and City Parks Commission. Installation of decorative
18 lighting will not be assessed to residents along municipal state aid streets."
19 Motion carried unanimously.
20 Sparks inquired about the date to begin construction on the 29th Avenue Street project. Mr.
21 Hubmer responded possibly next week and that is one of the reasons for the residents' meeting
22 on Thursday, May 25, 2000.
23 Sparks mentioned that the size of the pipes.for Harding Street have not yet been determined and
24 the City is limiting the pipe size option by approving the above Resolution. Thuesen offered that
25 this issue had been researched extensively and how it related to the stormwater issue. Cavanaugh
26 agreed that there has not been any information provided that would prove that the Harding proj-
27 ect would not work as planned and felt that the Council needed to proceed and view how the
28 project unfolded.
29 Thuesen reminded the Council that the City has worked closely with an engineering firm and had
30 numerous meetings and discussions about the proper and best way to proceed.
• '1 Cavanaugh expressed his understanding regarding Spark's concerns, and stated that the schedule
32 would be closely watched and her questions answered.
17
City Council Regular Meeting Minutes
May 23, 2000
. Page 6
1 4. Resolution 00-045 re: Accept Feasibility Study and Authorize Plans and
2 S�ecifications for the Harding Lift Station Project.
3 Mr. Hubmer directed the Council's attention to.the Feasibility Report as presented by
4 WSB & Associates.
5 By way of background, Mr. Hubmer stated that in 1999, a study of the sanitary sewer
6 system was completed to evaluate the existing system and identify possible modifications
7 to improve the operation and reduce the frequency of wastewater backups. The study
8 noted that the limited capacity of the Harding Street lift station was a contributing factor
9 to the backup problem in the vicinity of 37th Avenue and Harding Street. However,
10 simply increasing the pump capacity would aggravate the downstream problems so a
11 more detailed study of the Harding Street/37th situation was authorized.
12 Consequently, there are residents in the drainage area that do have sanitary sewer backup
13 problems with the existing station because it cannot pump the water quickly enough. In
14 addition, in the Southern portion of the City, there are sanitary sewer backup problems as
15 well.
�.6 One g
ossible option is the rerouting of the Harding Lift Station into the City of
P P
17 Minneapolis. This would be beneficial to both cities as St. Anthony currently diverts into
18 Minneapolis south of 33rd Avenue. Minneapolis has had difficulties with that system
19 and is anxious to have St. Anthony move the diversion into another area. It is a win-win
20 situation because the City can increase capacity of the lift station and alleviate some
21 problems for Minneapolis as well.
22 Mr. Hubmer continued by providing some options for the Council to consider:
23 1. Lift Station Option 1. The existing lift station would be abandoned and a new
24 structure would be constructed at the same location. The controls would be located in a
25 metal control cabinet that�is mounted on the ground surface near the wet well. The aritici-
26 pated cost would be approximately$100,000.
27 2. Lift Station Option 2. All of the equipment in the existing dry well would be
28 removed as well as the upper portion of the steel dry well. The lower shell of the existing
29 dry well would remain in place. In short,the existing structure would be rehabilitated.
30 The anticipated cost would be approximately$70,000.
31 3. Forcemain Option 1. The forcemain would run under 37th Avenue NE to the
• 32 north right-of way, then west along the right-of-way toward Stinson Boulevard. Just east
13 of the intersection with Stinson,the line would be directed diagonally under 37th toward
34 the existing manhole in the intersection. The total project cost associated with this option
City Council Regular Meeting Minutes
May 23, 2000
Page 7
1 is anticipated to be about$167,000. This includes a 10% contingency factor and a 25%
2 legal, engineering, and administrative costs.
3 4. Forcemain Option 2. This option is similar to Option 1 above except that the
4 forcemain would turn south at Roosevelt Avenue to avoid the difficult Stinson Boulevard
5 intersection. All of the pipe would be installed using directional boring techniques to
6 minimize surface disruption. The total project cost would be approximately $146,000.
7
8 5. Forcemain Option 3. This option would direct the forcemain south on Harding
9 Street to 36th Avenue and west on 36th to Edwards Street. The total project cost would
10 be approximately $141,000.
1 l Mr. Hubmer stated that the recommendation of WSB & Associates would be Option 2 to
12 upgrade the existing lift station, and Option 3 for the forcemain.
13 Motion by Hodson to approve Resolution 00-045, wherein the City Council of the City of
14 St. Anthony:
•15 1. Accepts the Feasibility Report for the Harding Street Lift Station and Forcemain .
.6 Improvement Project;
17 2. Directs WSB & Associates, Inc. to prepare final plans and specifications to com-
18 plete the recommended improvements as outlined in the Feasibility Report, which
19 recommended improvements are Option 2 to upgrade the existing lift station, and
20 Option 3 for the forcemain.
21 Motion carried unanimously.
22 B. Resolution 00-042 re: Call for Sale of General Obligation State Aid Street Bonds.
23 Mayor Cavanaugh introduced Mr. Jerry Shannon,Vice President of Springsted, and invited him
24 to address the Council. Mr. Shannon stated that the Council would be considering$1,610,000 of
25 General Obligation Storm Sewer Revenue Bonds, Series 2000A, and$950,000 of General
26 Obligation State-Aid Street bonds, Series 2000B.
27 Mr. Shannon reviewed the details of both bonding issues and requested that Tuesday, June 13,
28 2000 would be the date that the Council would set to take bids on both issues. Bids would be
29 taken at 12:00 noon at the Springsted office. Between now and then, Springsted would finalize
30 the prospectus (which details the issue and provides information about the financial and socio-
31 economic position of the City as well as the ability to meet debt payments on the bonds). Addi-
12 tionally, Springsted would also make a rating application to Moody's Investment Service.
19
City Council Regular Meeting Minutes
May 23, 2000
Page 8
1 Hodson noted that there should be a date adjustment on both pages 44 and 45 of the agenda.
2 packets, in Section 3. Instead of the date reading"May 23,2000", the date should read"June 13,
3 2000". Mr. Shannon agreed to ensure that change is made.
4 Cavanaugh pointed out that Resolution 00-043 does not state the amount of the bond and
5 requested that the amount of$1,610,000 be added to the Resolution. Mr. Shannon agreed to en-
6 sure that addition is made.
7 Motion by Horst to approve Resolution 00-042, a Resolution Calling for the Sale of General
8 Obligation State-Aid Street Bonds, Series 2000B., with the following modification:
9 1. The date of May 23, 2000 will be replaced with June 13,2000 in Section 3.
10 Motion carried unanimously.
11 C. Resolution 00-043 re: Call for Sale of General Obligation Storm Sewer Revenue Bonds.
12 Motion by Horst to approve Resolution 00-043, a Resolution Calling for the Sale of General
�3 Obligation Storm Sewer Revenue Bonds, Series 2000A, with the following modifications: .
14 1. The amount of$1,610,000 will be added to Section 1 of the Resolution; and
15 2. The date of May 23, 2000 will be replaced with June 13, 2000 in Section 3.
16
17 D. Ordinance 2000-002 re: Obtaining Criminal History Data on Prospective City Employees
18 (2nd Readiggl.
19 Cavanaugh suggested that the Council suspend the third reading and move forward with the
20 adoption of the Ordinance.
21 Motion by Hodson to waive the third reading of Ordinance 2000-002, and to approve.Ordinance
22 2000-002, an Ordinance Relating to Obtaining.Criminal History Data, Amending Section 300.04
23 of the 1993 St. Anthony Code of Ordinances.
24 Motion carried unanimously.
25 X. REPORTS FROM COMMISSIONS AND STAFF.
26 A. Planning Commission Meeting-May 16, 2000.
• 7 1. Ordinance 2000-006 re: Amendment to the Ordinance relating to Planned Unit
28 Development(1st reading).
20
City Council Regular Meeting Minutes
_ May 23, 2000
. Page 9
1 Mayor Cavanaugh introduced Randy Stille, Planning Commissioner, and invited him to
2 address the Council. Mr. Stille stated.that the Planning Commission has been working
3 diligently regarding the best route for Apache Plaza. In that respect, John Shardlow, with
4 the firm of DSU, was retained by the City to assist in the plans and redevelopment of
5 Apache Plaza. Ordinance No. 2000-002 has been drafted with the input of the Planning
6 Commission, City Attorney William Soth, and DSU.
7 Mr. Stille invited John Shardlow to address the Council. Mr. Shardlow provided a brief
8 overview of the PUD for the community and audience. The PUD ordinance which is
9 being proposed would replace the existing PUD section in the City Code. The existing
10 requirements limits the amount of commercial to 20%.
11 Furthermore, the new commercial mixed-use designation would be a separate floating
12 district that could be applied for anywhere in the community. Mr. Shardlow continued by
13 stating that PUDs need to be consistent with the Comprehensive Plan. Consequently, the
14 change that has been recommended will go to the Metropolitan Council to create the new
15 commercial mixed-use district. Within that area,there are currently a number of different
•16 land uses. In that respect, Mr. Shardlow presented a sketch depicting the different areas
17 of land uses.
18 Mr. Shardlow continued his presentation by giving a brief overview of the differences
19 between a.PUD and regular zoning. In essence, Mr. Shardlow stated that the PUD allows
20 for flexibility from setbacks and other restrictions provided the City has reviewed a plan.
21 Some believe that a PUD gives developers Carte Blanche, but that is not true. The City
22 would have the option to vary from the plan, such as saving trees, etc.
23 Hodson acknowledged that considerable amount of time that has been spent by City
24 Manager Michael Morrison, Assistant City Manager Spencer Isom,the Planning
25 Commission, and City Attorney Bill Soth in researching the PUD issue.
26: Sparks inquired about the incorporation of performance standards into the PUD. Mr.
27 Shardlow responded that there are always underlying performance standards,but the City
28 can custom-design a zoning district, and incorporate all the exhibits when relying on
29 making an approval. For example, any exhibits submitted by the applicant that are
30 relevant to the City's ultimate decision, can be incorporated into the plan and recorded.
31 Cavanaugh inquired if water quality would be part of the PUD discussion with Hillcrest.
32 Mr. Shardlow stated it would be and that Hillcrest has dealt with water quality issues
33 before, or at least Hillcrest's counsel has dealt with those issues.
4 Cavanaugh thanked Randy Stille and John Shardlow for their attendance and
35 presentation.
21
City Council Regular Meeting Minutes
May 23, 2000
Page 10
1 Motion by Thuesen to approve the first reading of Ordinance 2000-006, an Ordinance
2 Relating to Zoning and Planned Unit Developments; Amending Section 1655 of the St.
3 Anthony Code of Ordinances in its Entirety.
4 Motion carried unanimouslv.
5 B. Cily Manager.
6 City Manager Michael Morrison' discussed various,dates and times for a Council worksession. It
7 was agreed that a worksession would be scheduled for July 25, 2000 from 3:00 - 6:00 p.m.
8 Morrison further reported that the City is finishing the first year of the Community Services
9 Officer Program. The grant for the program was about to expire, but the City recently received
10 word that a grant would be provided for the second year.
11 Morrison stated that a 1/2-day worksession would be held next week with a facilitator and
12 Executive City Staff to put the final touches on the goal setting report. This report will contain
13 the goals, objectives, and action steps. The report would be passively presented to the Council
14 and would be a working document.
• '
Additionally, next City Council meeting would be held on June 13, 2000. As a reminder,
� Y, tY g
16 there will be a joint meeting with the Parks Commission on June 12, 2000.
17 Morrison reminded the Council that the League of City Conferences would be held on June 14,
18 15 and 16 and he encouraged the Councilmembers to attend all or part of the days.
19 Lastly, Morrison stated that he has enrolled in a City Manager's course and as part of the course,
20 the Department Heads and City Council will be asked to complete a personal development form
21 for Morrison. He asked the Councilmembers to look for the form in the near future.
22 XI. REPORTS FROM COUNCILMEMBERS.
.23 Horst did not have a report.
24 Hodson stated that some residents concerned with the water quality issue on Silver Lake had
25 contacted him. The residents would like the Council to consider a 15-20 year plan and a longer-
26 term approach to providing correction to the water quality problem.
27 Morrison offered that a response would be sent to the homeowners around the Silver Lake area
28 alerting them to the fact that the City is considering options regarding the issue.
• 29 Thuesen reported that he attended a Communities Advisory Council meeting. Additionally,
0 Thuesen reported that a new member has recently been designated to the Parks Commission, but
31 currently stands as a non-voting position. It has been suggested that the Council consider
22
City Council Regular Meeting Minutes
May 23, 2000
Page 11
1 making that particular position a voting position and Thuesen would like the opportunity to
2 discuss this in further detail at another regular Council meeting or worksession.
3 Cavanaugh suggested that Thuesen speak with City Manager Michael Morrison about putting
4 that issue on the agenda for a Council meeting.
5 Sparks reported that she attended a meeting on the Community Prevention Coalition for Safe and
6 Affordable Housing. This organization is putting together a calendar of events for youth over the
7 summer.
8 Sparks mentioned that she had provided a memo to City Manager Michael Morrison and copied
9 the Council regarding consideration of a communication task force to draft a plan. Sparks had as
10 a reference a copy of a plan that was drafted a few years ago. She will provide the Council with
11 a copy of the plan and discuss the same in the future.
12 Cavanaugh encouraged Sparks to do the research in this issue and provide that information to the
13 Council. He believed it would be beneficial to review this matter and provide some structure.
•14 Cavanaugh reported that the worksession held on May 15,2000 during the day was a productive
.5 worksession. Additionally, Cavanaugh encouraged the Councilmembers to attend the League
16 Conference coming up in June.
17 Cavanaugh reported that he had attended the Communities Prevention Coalition meeting on Safe
18 and Affordable Housing and was impressed to see how many youth were participating in the
19 planning. Additionally, he was impressed with.the participation of the youth in the upcoming
20 VillageFest celebration.
21 Cavanaugh announced that the open house to be held on May 30, 2000 is the first of many steps
22 in having town meetings and open houses. He noted that Shoreview had an open house recently
23 and the City was pleasantly surprised at the community response.
24 Furthermore, Cavanaugh reported that the Kiwanis organization held a.bike ride to raise funds
25 for the food shelter. The event was successful and Cavanaugh was impressed at the outreach the
26 Kiwanis has for the community. He announced that the Kiwanis had sold subsidized bike
27 helmets for $5.00 and the helmets were of high quality. Additionally,this was the first event that
28 the City's new bike patrol had attended and Cavanaugh stated that he received positive feedback
29 about having law enforcement on bikes.
30 Cavanaugh reviewed for the audience and community that the Council had just held a joint meet-
• 31 ing with the School Board that evening (May 23, 2000), and the main focus of the discussions
,2 centered around the Central Park rehabilitation.
23
City Council Regular Meeting Minutes
• May 23, 2000
Page 12
1 Cavanaugh announced that there would be a VillageFest volunteer meeting on Thursday, May
2 25,2000 at 6:30 p.m. He encouraged anyone interested in participating to attend the meeting. It
.3 will be in one of the childcare rooms at community services.
4 Cavanaugh will be attending the League Legislative review on Thursday, May 25 and this is
5 another event that provides for additional information.
6 XII. INFORMATION AND ANNOUNCEMENTS.
7 City Manager Michael Morrison directed the Council's attention to the end of the agenda packets
8 where there was a bulk of information and documents that he encouraged the C6uncilmembers to
9 review.
1 o XIII. ADJOURNMENT.
11 Motion by Thuesen to adjourn the meeting at 9:10 p.m.
12 Motion carried unanimously.
13 Respectfully submitted,
14 Sue Selseth
15 Timesaver Off Site Secretarial, Inc.
16
17 yo
18 ATTEST:
19 City Clerk
24
CITY OF ST. ANTHONY
PARKS COMMISSION AGENDA
June 12, 2000
7:30 PM
Conference Room
I. CALL TO ORDER.
IL ROLL CALL.
III. APPROVE MAY 1, 2000 PARKS COMMISSION MINUTES.
IV. DISCUSS POSTPONEMENT OF SILVER POINT PARK GRAND
OPENING.
V. DISCUSS CENTRAL PARK REDEVELOPMENT AND TOWER
PARK PUNCH LIST ITEMS. Augie Wong from BRW, Inc. will be
present.
VI. REPORTS.
A. Community Services.
B. School Board.
C. Sports Boosters.
VII. OTHER BUSINESS.
VIII. ADJOURNMENT.
25
1 CITY OF ST. ANTHONY
PARKS COMMISSION MEETING MINUTES
`. MAY 1,2000
., 6:30 p.m. Tower Park
5 7:00 p.m. Conference Room
6 I. CALL TO ORDER.
7 Chair Jindra called the meeting to order at 7:29 p.m. She wished to note for the record that the
8 Commission, Augie Wong (BRW, Inc.) and Bob Kost (BRW, Inc.) met at Water Tower Park at
9 6:30 p.m.
10 II. ROLL CALL.
11 Present: Chair Carol Jindra, Vice Chair Doug Koehntop, Commissioners George
12 Wagner(left at 7:50 p.m.), Julie Gebhardt, Colleen Hallada, Daniel
13 Ganley, and Jan Jensen.
14 Also Present: Representative from School Board(Denise Dunn); Representative from
15 Sports Boosters (George Zurbey); Public Works Director(Jay Hartman);
16 City Council Liaison(Brian Thuesen).
17 A representative from Community Services was not present.
• III. APPROVAL OF APRIL 10, 2000 PARKS COMMISSION MEETING MINUTES.
Motion by Wagner, seconded by Hallada, to approve the minutes of the April 10, 2000 Parks
20 Commission meeting as presented.
21 Motion carried unanimously.
22 IV. DISCUSS CENTRAL PARK REDEVELOPMENT AND TOWER PARK PUNCH LIST
23 ITEMS.
24 Chair Jindra reviewed the color options for the repainting of the arches at Water Tower Park.
25 After discussion about the recommended colors of tan,red, and burgundy, consensus was to
26 approve burgundy. Jindra noted the paint was matched to the existing park equipment and
27 requested Augie Wong, BRW, Inc. to inform the Board of the price.
28 The issues remaining on the punch list for Water Tower Park were reviewed, which are as
29 follows:
30 1. Repainting of the metal arches as discussed above.
31 2. The metal gates will be spot-checked.
32 3. Anything loose on the retaining wall will be glued.
33 4. Cracks and ripped concrete on the concrete sidewalk will be taken care of Cracked sides
4 on the handicap ramp will also be redone. A 4 x 8 slab will be added by the glider.
5. The basketball area will be paved.
6. The bathroom pavement will be redone at the cost of Arrigoni Brothers.
37 7. Fabric is coming apart by the slide in the playground area, it will be checked to see if it is
126
Parks Commission Meeting Minutes
May 1, 2000
Page 2
1 installed properly. There is also a climber missing on the side close to the area where the
2 fabric is exposed. Jindra requested timber chips be added and this area be built up to
3 avoid any accidents. Mr. Wong responded they would ask Arrigoni Brothers to put that
4 in against the quantity the City has for the bid.
5 8. The end post caps for the vinyl-clad fence will be glued tightly so they will not be
6 removed. Jindra asked if the Commission felt they should extend the fence to close the
7 gap by the high school or wait on this issue. Consensus was to wait. Jindra asked if the
8 Commission felt the fence along 33rd should be brought up along the water tower.
9 Council Liaison Thuesen stated he felt the fence was not necessary now, however, with
10 the new service road it could become a problem at that point. He suggested this be
11 watched.
12 9. Hallada suggested fabric be put in around the rose bushes.
13 10. The drinking fountain will be reinstalled to proper orientation and the concrete damaged
14 during installation will be repaired.
15 11. The bike racks, which are not the ones that were ordered,will be taken out. The concrete
16 damaged during installation will be repaired.
17 12. Several wall caps are loose and will be checked and glued. Missing caps will be redone to
18 match the other caps.
19 13. Jindra stated the two.panels on the playground equipment should be removed, and they are
looking for something to replace them with. She noted the equipment should be checked on
a more regular basis to determine if anything is unsafe.
22 14. Jindra stated the round benches around the two trees are not anchored and stick out onto the
23 concrete. They will either be bolted into the concrete or a screen or grate will be put
24 underneath them. She noted they are not unsafe or movable.
25 Thuesen asked what the City's role is for watering bushes, etc. Public Works Director Jay
26 Hartman responded the Council is considering a sprinkler system for this entire area.
27 Wagner left the meeting at 7:50 p.m.
28 The following Wish List Items for Water Tower Park were reviewed:
29 1. The 4' height fence extension will be held off on until they see what happens with the
30 service road.
31 2. Concrete stair and ramp at the service road will be held off on. Extending the fence was
32 suggested as a cheaper alternative. Mr. Wong stated the fence is about 30 feet long and
33 will cost a little more due to the small quantity, at approximately $20 or$25 per foot.
34 Koehntop suggested putting in a gate for maintenance access. This would eliminate kids
35 running through the area.
36 3. Mr. Wong advised lighting for the basketball court was estimated at$5,000, however the
0 7 cost could go down depending on the type of equipment they wanted. Hartman noted
when a light had been discussed previously, half of the Commission was in favor of a
39 light, and half of the Commission did not want a light. Consensus was to install a light.
Parks Commission Meeting Minutes 27
May 1, 2000
Page 3
1 The following was discussed regarding lighting for the basketball court and the trail:
2 There was considerable discussion regarding the placement.of the lights. Jindra suggested they,
3 install a basketball light and see if it is necessary to install another light for the trail. Hartman
4 suggested they install all the lights at one time.
5 Bob Kost, BRW, Inc. suggested they consider where they would like lights placed in the park, so
6 they do not end up with shoe box fixture lights throughout the park, which are not neighborhood
7 friendly. He suggested a light for the basketball court be put in between the building and the .
8 fence so it is not a visual nuisance. As they look at the rest of Central Park they could bring in
9 other designs of light fixtures.
10 Koehntop suggested the color of the lights match the color of lights already in the park.
1 l Hartman stated two lights would be put in, one for the basketball court and a security light for the
12 trail on the east side. This will be done within one month, along with two garbage cans that will
13 be placed accordingly.
Central Park Redevelopment was discussed as follows:
15 Mr. Kost reviewed a flow chart of the process for the reconstruction of Central Park. He
16 reviewed key decisions for the Park Commission and the City Council and the amount of time
17 the decisions might take. He explained they have been in the planning process for two years, and
18 he has now taken the proposal prepared a couple months ago and laid out the steps of the project
19 across a series of months. He identified the series of steps from A to I, starting with a final
20 survey and ending with construction. The decision that plays in is whether the Commission
21 wants to complete the whole park in one construction swoop or in phases, and what will drive
22 that is funds. He noted that as the process continues additional things arise and the price keeps
23 going up.
24 Jindra asked how the development can be accomplished in pieces. Mr. Kost responded they are
25 now preparing the design development plan, after that is completed it must be approved along
26 with the phasing options. He has timed the plan aggressively, however it can take more time if
27 the Commission would like. He advised to accomplish the plan in phases they can do all the
28 field work,then do trail work,then do the playground,then do batting cages. This could take up
29 to two or three years and additional money could be saved to complete amenities. He explained
30 they would only want to disrupt facilities and take fields out of operation once. Sports Boosters
31 and schools will need time to make arrangements for the time when the fields are out of
32 commission.
S stated he liked the idea of two phases and hoped the loss of the fields could be kept to a
Gamey sta P
34 minimal time of one year. Mr. Kost advised the fields need a season to establish. They could
Parks Commission Meeting Minutes
May 1, 2000
Page 4
1 possibly sod one field and play on it sooner, however, it will still need time to establish. He
2 stated it is not worth their investment if they.do not allow the time needed for this.
3 Jindra stated they will have to allow two seasons for the fields to establish.
4 Sports Booster Representative Zurbey asked what type of detail is needed to get to Phase 3. Mr.
5 Kost responded the Commission needs to finalize the components for the park, as new things
6 keep coming up. He suggested they hold a special meeting or work session where they do
7 nothing but go through the list from a couple years before.
8 Jindra agreed they might need another session, as in less than a month they have an opening at
9 Silver Point Park. They also need to work with Water Tower Park and continue with this
10 discussion on Central Park. She stated the Council wants to know what is going on with this.
11 Thuesen said it will help the Council to see what kind of direction the Commission wants to go
12 with this to determine financing.
13 Consensus was to schedule an additional Park Commission meeting for May 15, 2000 at 6:00
14 p.m. Gebhardt noted she would not be able to attend.
Zurbey requested a copy of the Central Park Plan to take to Sports Boosters. Mr. Kost responded
he could bring the copy he was working off of tonight.
17 Zurbey inquired about bleachers in the plan. Mr. Kost said bleachers were not included in the
18 original plan and are not included now. Zurbey stated bleachers are necessary and will take up
19 space in the plan.
20 Mr. Kost suggested the ten-foot trail be changed to an eight-foot trail. This would give needed
21 room and would also be the same size trail that is included in Silver Point Park. He noted it will
22 be tight to have a trail and bleachers, and this will have to be studied.
23 Jindra suggested eliminating the middle trail to add more room for bleachers. Mr. Kost
-24 suggested they consider taking two trails out and changing the loop.
25 Koehntop noted they should keep the field space located in the middle. Mr. Wong advised it
26 would be difficult to keep all of this. Zurbey commented trails will be needed to walk to the
27 bathroom area.
28 Mr. Kost stated there are many people in the community that do not have anything to do with
29 sports that want to use this park and trails are a huge amenity.
Jindra stated she had been contacted by a resident regarding a two-story shelter in Minnekanda
that had bathrooms on the lower level and an area on the upper level where people could look
32 out. She said she would obtain a picture for the Commission to review. Mr. Kost responded
29
Parks Commission Meeting Minutes
May 1, 2000
Page 5
1 Minnetonka has a similar shelter with the top floor as a shelter with picnic tables and the lower
2 level as a walkout with restrooms and storage. He advised this type of shelter would not meet
3 today's ADA requirements unless there.was an elevator included. Jindra noted the shelter by the
4 wading pool is ADA accessible.
5 Mr. Kost said that some years ago they had discussed the tennis courts and the drainage swell.
6 The master plan calls out for this as a community garden and seating area for seniors and a
7 passive park for those who do not want to sit in a playground or ball park. He said they had
8 looked at this location and the wet area to determine how they can landscape it, and felt they
9 might be able to do something with native vegetation. They were proposing to look at this edge
10 as a sort of a prairie or wetland garden with very low maintenance and take it up the hill a little
1'1 bit. Hartman asked if this area might take on too much water too quickly to allow the plants to
12 grow. He suggested they detour the water for a short time if they do plantings there.
13 Mr. Kost suggested they consider what will be done for shelters and reviewed pictures of other
14 shelters.
15 Zurbey stated he would bring this plan to the Sports Booster meeting on Wednesday and inform
them they have two weeks to study it and come back with ideas. He commented some of the
detail seems to have not been thought about or lost.
18 Jensen asked Mr. Kost to supply the Commission with an updated copy of the detail of this plan.
19 Mr. Kost said he would bring it to the next meeting. It will include a lay out of bleachers,
20 landscaping, trees, lights, and will eliminate a couple of trail connections. He suggested when
21 they meet on the 15`'' they make some of those changes. He requested Sports Booster
22 Representative Zurbey to obtain input from the Sports Booster as to where they would like
23 batting cages placed.
24 Thuesen stated he is willing to attend any Park Commission meetings as a Council
25 representative, and asked if there were any meetings where they preferred he did not attend. The
26 Commission requested him to be present at all of the meetings possible for his input.
27 In relation to Water Tower Park, Mr. Wong advised separate bathrooms for men and women
28 would be in a price range of$40,000 to $50,000 for something simple. Mr. Kost advised
29 architecture fees would be approximately an additional 12 percent, which would be an additional
30 $12,000 to $14,000. He stated this is a low estimate.
31 V. SILVER POINT PARK.
32 Public Works Director Jay Hartman stated a decision was needed on a building for hockey or it
3 would not be in place by winter.
Hallada requested that the contractor have the dead trees removed by the opening. Chair Jindra
35 requested Hartman to contact the contractor to make sure the trees and the rocks around the
so
Parks Commission Meeting Minutes
May 1, 2000
Page 6
1 playground are taken care of by the opening.
2 A resident stated the whole west-end has never been finished on the top and is a mess. Hartman
3 said this would be looked into.
4 Jindra inquired if the Commission was planning to have a band at the grand opening.
5 Commission consensus was not to schedule a band.
6 VI. OTHER BUSINESS.
7 Chair Jindra noted she and Commissioner Jensen would be meeting with Shelly Freemen at the
8 high school tomorrow. A number of different groups want to be involved in the planning of
9 Central Park and a skateboard area. They will be sitting at a lunch room table to talk to whoever
10 wants to approach them.
11 Jensen'asked the Commission if they would authorize him to put together a task force of youth to
12 look at examples of facilities for a skateboarding rink plan. He said he would use the figure in
13 the minutes of April 10, 2000 of not to exceed $50,000 and would bring it back to the
14 Commission for review at the June meeting. He noted he would like to head this for the
15 skateboard rink because he is being contacted, and he would identify sites throughout the area.
Ganley noted that subcommittees are appropriate and push along projects faster.
17 City Council Liaison Thuesen stated the skateboard rink has not been officially suggested to the
18 Council, however, he thinks it is a very good idea.
19 Sports Booster Representative Zurbey suggested they should not consider dollar amounts until
20 they receive approval from the Council. Jensen expressed a need to know what budget to work
21 with. Thuesen noted he liked the idea of a range of prices being presented to the Council with a
22 project.
23 Public Works Director Jay Hartman asked if this rink is part of the overall plan for Central Park.
24 Jensen suggested this could be done independent of Central Park. Jindra noted that the last time
25 this was discussed it was suggested that they could accomplish this before Central Park is
26 completed.
27 Jindra mentioned residents from Shoreview have said their skateboard facility has attracted
28 people that have caused problems. She suggested they could purposely place it in a visible area.
29 She suggested they invite the Police Department to attend one of their meetings to ask for their
30 assistance in watching areas such as this and Water Tower Park where kids have been
31 congregating.
' Mr. Wong mentioned it would be nice to have the police included as part of the lannin
P gP rocess
33 in the park. Safety through environmental design has safety built in from the beginning with
31
Parks Commission Meeting Minutes
May 1, 2000
Page 7
1 such things as shrubs being no higher than three feet, etc. He suggested it would be good to have
2 the police attend a meeting before they are past the design development stage of Central Park to
3 see how they would patrol the park.
4 Thuesen noted they should anticipate heavy usage of the skateboard rink from surrounding
5 communities.
6 Commission consensus was for Commissioner Jensen to put together a proposal for a skateboard
7 rink at a cost not to exceed $50,000.
8 VIII. ADJOURNMENT.
9 Motion by Gebhardt, second by Hallada, to adjourn the meeting at 9:11 p.m.
10 Motion carried unanimously.
11 Respectfully submitted,
12 Carol Hamer
' 13 Timesaver Off Site Secretarial, Inc.
32
MEMORANDUM
• DATE: 6/9/00 MEETING DATE: 6/20/00
TO: Planning Commission
FROM: Assistant City Manager Isom
RE: Public Hearing. 4004 Fordham Drive, or Lot 4 Blk 5 Mounds View Acres
Second Addition, Lot Width and Lot Area Variance Request.
David and Pauletta Sperry are again seeking a variance for their property at 4004 Fordham Drive. The
Commission and City Council have previously heard(May 18 and May 25, 1999 respectively) and granted the
Sper y's request for a variance. According to Section 1665.06 of the City of St. Anthony Code of Ordinances,
their variance has expired The Section,in pertinent part reads: "If a variance is granted but the building or other
structure permitted by the variance is not constructed within one(1)year from the date the variance is granted,
the variance will expire and will be of no further force or effect." City Attorney Soth has advised that the
Sperry's must complete a new Petition for Variance and begin the process anew. A Concept Review on this
matter was held at the May 16,2000 Planning Commission meeting.
Staff Recommendation: Staff has received all required documents/fees and recommends approval of the
variance request.
Cc: City Clerk Kroeplin
•
33
121 - 20th Ave. S.W.
New Brighton, MN 55112
April 28, 2000
Members of the Planning Commission and City Council
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Members :
We herewith submit an application for a renewal of your Planning
Commission action of May 18, 1999 and City Council action of May
25, 1999, which actions you took in response to our March 12 , 1999
petition for lot width and area variance pertaining to a parcel of
land on which we desired to build a single-family residence.
Here is a summary of events leading up to your unanimous approval
of our petition: in the fall of 1999, we agreed to purchase from
Arvid and Eleanor Johnson their property at 4008 Fordham Drive,
which at the time included a 60 foot wide portion we recognized as
an ideal site for a new home. During our negotiations with the
Johnsons, we informed them that our purchase of their property
would be subject to Planning Commission and City Council approval
of our Petition for Variance, which we subsequently submitted.
Upon your approval of our Petition, we completed the purchase of
the entire property from the Johnsons on June 25, 1999 , using a
mortgage to finance it. At about the same time, Ramsey County
completed its process of splitting off the 60-foot-wide lot and
assigned it a separate PIN for tax and other purposes . The location
of the lot makes us assume that the house number of the home we
build will be 4004 Fordham Drive.
The May 18,. 1999 Minutes of the Planning Commission state:
Motion by Horst, second by Bergstrom to approve the lot width and
lot variance requests for 4004 Fordham Drive as it would not alter
the essential character of the neighborhood and is in keeping the
intention and spirit of the Zoning Code.
Motion carried unanimously.
The Minutes of the May 25 meeting of the City Council stater
Motion by Marks, second by Faust to approve lot width and lot area
variance for 4xxx Fordham Drive, David Sperry, Buyer,
Motion carried unanimously
34
- -2-
For your convenience, we have attached a copy of our Petition and
its cover letter dated March 12, 1999, and also the relevant
sections of the minutes -of the May- 18 and May 25, 1999 meetings of
the Planning Commission and City Council respectively, from which
we have taken the above quotes.
We offer the following reasons for submitting this current Petition
for an extension of time to proceed with our plans to build a home
on the lot we now own:
1 . We were unable during the summer of 1999 to sell our New
Brighton home, leaving us in the financial predicament of having to
make payments on two mortgages. Our original plan was to sell our
New Brighton home and live temporarily in our newly acquired home
at 4008 Fordham Drive while we built our new home on the adjoining
lot, using the approximately $180, 000 equity from the sale of our
New Brighton home. In fact, at one time last summer we were
negotiating with a potential buyer of our New Brighton home, but
negotiations came to an end when the buyer lost his job.
At that time we revised our plans as follows :
2 . We decided for financial reasons, namely two mortgage
payments,. to sell our newly purchased house at 4008 Fordham Drive .
Even before advertising it on the open market, we agreed to sell it
to David and Mary Lindman, our neighbors just down the street 'at
3928 Fordham Drive. We were able to complete that sale on November
1, 1999, after the Lindmans sold their home.
3 . Because November was too late to begin building, we had no
choice but to postpone the project until spring of 2000 . During
this past winter and spring, we have been involved in the time-
consuming process of working with Planning & Design, Inc. to draft
a suitable house plan.
That process has finally met with success; with a plan now in hand
we are ready 'to begin building within days of receiving a building
permit. We have already. lined up a $154, 000 home equity line of
credit from Firstar Bank, St. Anthony. branch,.
Even though it came to our attention only recently that the Village
has a policy regarding expiration of variances (Section 1665 .06
Variances, Subd. 6) , following your granting of the petition in May
1999, the financial pressure of too much indebtedness left us
little choice but to delay building until one or the other of our
two homes sold. As noted above, we closed on the Fordham house on
November 1, 1999 .
• To date, our investment in the lot and other items related to this
project is close to $50,000 .
35
• -3-
Since we believe (1) that both the St. Anthony Village Planning
Commission and City Council used the .appropriate criteria to
approve unanimously . our May 1999. Petition for Variance, and ,(2 )
that our Petition continues to meet the appropriate criteria for
granting of variances (the situation now 'is the same as it was
then) , we therefore request you to approve this new Petition.
We regret any inconvenience we have caused the Planning Commission
and City Council as a result of this current petition, but we are
nevertheless grateful for this opportunity to submit it.
Sincerely Yours
David and Paul etta erry,
Date: pril 28, 2000
Fee:
`• R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: David S. and Paulletta L. Sper1Thone: (651) 636 4269
Address: 121 - 20th Ave. S.W. , New Brighton, MN 55112
Status of Applicant (Owner, Buyer,,Lessee, etc.): Owner
Legal Description of property proposed for variance:
Street Address: 4004 Fordham Drive, St. Anthony, MN 55421
Presently Zoned: 1
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
Please refer to our previous Petition and cover letter dated March 12, _
• 1. Because of the particular physical surroundings, shape, or topographical_conditions of
the parcel or lot, the proposed variance would relieve an undue hardship, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced.
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
3. The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
Signature of Applicant
37
Variances. (1665.06)
Application. 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 as specified in the
Zoning Ordinance.
Council Approval. Variances to the dimensional provisions of the Zoning Code may
be granted by the Council upon recommendation of the Planning Commission, after a
public hearing is held by the Planning Commission. Variances will not be granted
with respect to uses. A majority-of affirmative votes by the Councilmembers present
is required to approve a variance request.
Evidence. No variance.will be granted unless the evidence presented by the petitioner
discloses all of the following facts: '
(a) - The subject matter of the application is within the scope of the Zoning
Ordinance subsection regarding variances.
(b) Strict enforcement of the ordinance would cause undue hardship
• because: .
1.) The property cannot be put to a reasonable use without the
variance.
2.) The circumstances causing the hardship were not created by the
owner.
3.) The variance, if granted, will not alter the essential character of
the locality.
4.) Economic considerations alone are not the basis of the hardship.
(c) The circumstances causing the hardship are unique to the individual
property under.consideration.
(d) The granting of the variance is in keeping with the spirit and intent of
the Zoning Code. .
Planning Commission Recommendation. The Planning Commission will consider the
application at a public hearing at any regular or special meeting. Notice for the public
hearing will be given in accordance with Section 115 of the City Ordinance. The Planning
Commission, sitting as the Board of Adjustments and Appeals, will make a recommendation
• to the Council as follows:
(a) Recommend that the variance application can be granted because the
evidence considered at the meeting supports each of the findings
38
required by the Zoning Ordinance.
(b) Recommend that the variance application be denied because the
applicant.did not present sufficieffevidence for the Planning
Commission to make all of the findings required by the Ordinance.
Council Consideration. After the minutes of the Planning Commission meeting have been
forwarded to the Council, the Council.will consider the application and recommendation of
the Planning Commission. Within 60 days after it first consideration, the Council will be
motion grant or deny the application according to the provisions of Subdivision 3 of Section
1665.06. .
Expiration of Variance. If a variance is granted but the building or other structure permitted
by the variance is not constructed within one (1) year from the date the variance is granted,
the variance will expire and will<be of no further force or effect.
39
121 —20'Avenue S.W.
New Brighton,MN 55112
March 12, 1999
Members of the Planning Commission and City Council
St. Anthony Village
3301 Silver Lake Road
St. Anthony,Minnesota 55418
Dear Members:
We are pleased to submit the attached Petition for Variance, the granting of which will
permit us to build a single family home on a vacant lot, the PIN # of which is 31-30-23-
42-0167-8,with a probable address of 4004 Fordham Drive,N.E., St. Anthony,MN.
Our need to apply for a variance arises from the fact that the lot is smaller than required
by the current St. Anthony Zoning Code. The lot measures 60 feet wide by 133.085 feet
in average depth, leaving it 15 feet less in width (75-60) and 1,015 sq. feet less.in square
footage (9000-7985). There is no available adjoining land to add to it. There are several
• other lots in the vicinity which are substandard, either because they existed before the
current Zoning Code went into effect or because variances have been granted under the
provision of the current Zoning Code.
We believe this Petition is consistent with the conditions St. Anthony Village has spelled
out for granting a variance (1665.06, Variances), namely by presenting the following
factual evidence (Subd.3. Evidence):
(a) The subject matter of the application is within the scope of this
Subsection.
(b) Strict enforcement would cause undue hardship because:
(1). The property cannot be put to a reasonable use without the variance.
(2) The' circumstances causing the hardship were not created by the
owner.
(3) The variance, if granted, will not alter the essential character of the
locality.
(4) Economic considerations alone are not the basis of the hardship.
(c) The circumstances causing the hardship are unique to the individual
property under consideration.
(d) The granting of the variance is in keeping with the spirit and intent of the
Zoning Code.
We believe that the variances we are requesting conform to these facts.
40
We are.not petitioning for a variance of the Zoning Code requirements relative to the
•° setback of a house from property lines (a total side-yard setback of 15 feet but not less
than 5 feet on one side) and the 35%maximum area of the parcel which can be used for a
house, including its driveways, walkways, decks, etc. We plan to stay within these limits.
We propose that the setback of our home from the curb be 58 feet which is the average of
the setbacks for the two adjoining houses.
Attached is the footprint of the house we plan to build and its proposed location on the
lot. At this time we are unable to make available a full set of drawings. ' However, it is
our understanding that the final full set of house plans is subject to Village approval prior
to breaking ground. But we want to assure you that we have enough equity in the home
we currently live in to allow us to build another that will be in stylistic harmony with
homes in the neighborhood as well as being an asset to the Village of St. Anthony.
As a historical note, the matter of this lot was taken up by the St. Anthony Village
Planning Commission on September 17, 1985 and by the City Council on September 24,
1985. Copies of the minutes of those meetings are attached.
We have signed a Purchase Agreement for this property, contingent on our being granted
this Petition for Variance. We await your favorable response, believing that our Petition
is both reasonable and in harmony with the spirit and intent of the Zoning Code of St.
Anthony.
• Sincerely yours,
David and Paulletta Sperry
•
41
Date March 11, 1999
Fee: $60. 00 -
— RM1 . . . . . . $ 60.00
Other . . . . $100.00
CITY_ OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: David and Paulletta Sperry Phone: (651) 636-4269
Address: 121 - 20th Ave. S .W. New Brighton, MN 55112
Status of Applicant (Owner, Buyer, Lessee, etc.): Buyer
Legal Description of property proposed for variance: Ex W 163. 07 ft ; S 15 f t of Lot 4 B l k
Street Address: 4004 Fordham Dr iv Ex W 163.07 ft ; N 45ft of Lot
Presently Zoned: R-1
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
t 1. Because. of the particular physical surroundings, shape, or topographical conditions of
the parcel or lot, the proposed variance would relieve an undue hardship as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced.
The current Zoning Code does not permit a single family home to
be built on this 60 foot lot unless a variance be granted, in
which case the lot can be put to its best and greatest use .
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
Granting the variance .would correct the . extraordinary circum-
stance that the lot has no adjoining land that can be added to
it to meet current Code requirements, meaning that without the
variance the new owner is unable to use it for building a home.
3. The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
Prior to the passage of the current Zoning Code, many homes in
St. Anthony Village were built..on lots less than 15 feet in
width and 9000 in square feet, ` , d since p as ge of current Co(
variances have been grante c .
for lots in the vicini y 7
• smaller than currents tore of pplicant
Code specifications. . . . C
Note ., We are petitioning only for variances on lot- width and square feet .
Code regulations regarding setbacks and the 35% proportion of lot
allowed for our home and its driveway, walkways and decks will be honor
4
Planning Commission Meeting Minutes
• May 18, 1999
Page 3
1
was given to the design of the structure,which incorporates.architectural elements of an
2 amphitheater previously located on the site.
3
4 Hanson asked for an approximate distance between the proposed sidewalk and the sidewalk on
5 St. Anthony Boulevard. Mr. Bridges estimated a vertical distance of 15 feet.
6
7 Bergstrom closed the public hearing at 7:16 PM.
8
9 Bergstrom stated the Sunset Park had a concept review recently and the issue presented no
to particular concern to him. Hatch asked whether a heavy snowfall would affect the structure as it
11 relates to city ploughing. Bergstrom stated this was not the case due to the slope.
12
13 Horst stated the hardship is the apparent danger to employees,heavy equipment access, and the
14 inconvenience to families. He expressed understanding that there was some question in the
15 original plans as to whether sidewalk would be considered part of the structure.
16
7 Motion by Horst, second by Bergstrom-to approve a five-foot variance to allow for construction
8 of a five-foot wide sidewalk in the setbacks on the northeast and northwest sides of the
mausoleum as this does not alter the essential character of the area and.strict enforcement would
20 cause undue hardship.
21
22 Motion carried unanimouslv.
23
24 Bergstrom stated the Commission would make its recommendation to the City Council at their
25 May 25, 1999 regular meeting and encouraged representatives from Sunset Memorial Park to be
26 in attendance.
27
28 B. 99-03 Dave Speryy, 4004 Fordham Drive Lot Width and Lot Area Variance Requests.
29 Bergstrom opened the public hearing at 7:19 PM.
30
31 Ms. Moore-Sykes stated that Arvid and Eleanor Johnson, owners of 4008.Fordham Drive,
32 recently filed a lot split and replat with Ramsey County that had been approved by the City
33 Council twelve years ago. They had delayed this filing because they felt that they would be
34 adversely.affected by property taxes and they were not ready to sell the resultant vacant parcel.
35 Staff called the property offices in Ramsey County and verified that they had recorded.the lot
36 split and replat.
® 37 .
18 Mr. and Mrs. David Sperry, currently residing in New Brighton,have a tentative purchase
s9 agreement with the Johnson's,to purchase the lot that was resultant from the split of 4008
i Fordharn Drive. Mr. and Mrs. Sperry would like to build a$130,000 home for themselves on
41 this vacant lot but would like to have the variances approved before they close on this property.
43
Planning Commission Meeting Minutes
• May 18, 1999
Page 4
1 Staff has advised them that they also need to be aware of the setbacks.and lot coverage
2 restrictions for this zoning district. As their letter indicates,they are aware of the need to address
3 those issues without requesting additional variances.
4
5 The lot in question is 60 feet wide and its area is 7,985 square feet and as such, not considered a
6 buildable residential lot according to City Ordinance. The Ordinance states that a residential lot
7 in the R-1 Zoning District must be at minimum 75 feet wide and an interior lot must be not less
8 than 9,000 square feet. The Sperrys are asking for a lot width variance of 15 feet and a lot area
9 variance of 1,015 square feet.
10
11 In granting the variance,the essential character of the neighborhood would not be altered and
12 would be in keeping with the intention and spirit of the Zoning Code. It is also possible that this
13 lot can not be put to reasonable use without these variances.
14
15 Mr. and Mrs. Sperry contend that there is a hardship in that the owner did not create this situation
16 and that the Council had approved this lot split in September 1985.
17
18 Horst asked whether the Ordinance regarding minimum lot size was written prior to 1985 when
the Johnson's original lot split was approved. Ms. Moore-Sykes stated the Ordinance was
20 written in 1978 when many 60-foot wide lots existed and the City wanted to set a new tone for
21 available vacant property.
22
23 Stille asked how old the community was, and when the plat was originally filed. The Johnson's
24 confirmed their house was built in 1963 and was one of the first on the block.
25
26 Melsha noted a question had been raised with regard to storm water issues in that neighborhood
27 and a building moratorium which had been imposed. Ms. Moore-Sykes stated that moratorium
28 was no longer in effect.
29
30 Bergstrom invited the Johnson's and Sperry's to address the Council. Mr. Sperry presented
31 plans for his proposed home, adding the home fits in with the style of homes in the neighborhood
32 and falls within the 35%lot coverage.
33
34 Tillman noted a petition signed by neighbors in support of the request, and asked whether all
35 surrounding neighbors were included on the petition. The Johnson's confirmed that all the
36 surrounding neighbors have signed the petition.
37
® 38 Bob Graham,4020 Fordham Drive, expressed concern over flooding issues in the neighborhood
39 which the City has done nothing to rectify after promising to address them before any
construction could commence. He requested that the City understand that continued deviation
44
Planning Commission Meeting Minutes
May 18, 1999
Page 5
1 from its policy by the continued issuance of such variances affects other resident's rights in
2 regard to storm sewers and flooding.
3
4 Horst asked whether Mr. Graham believes that the addition of a new home on the resultant lot
5 would mean less impervious surface and cause more run-off. Graham stated that none of the
6 neighbors know what it will take to cause flooding, but every inch of water is of concern. Horst
7 stated that he was unaware that area was under consideration for flood correction. Ms. Moore-
8 Sykes stated this area is still part of the overall plan for flood relief in the City.
9
10 Keith Gordon,4012 Fordham Drive, expressed support of the Johnson's planned lot split, stating
1l he has been their neighbor for 30 years and is a civil engineer. He added he had done some
12 calculations and noted that flood problems in the neighborhood would not be caused by this new
13 construction but because the Silver Lake Road watermain is undersized to handle flooding from
14 major storms. He noted that constructing 1 home is insignificant in terms of water added to the
15 storm sewer system.
16
• z Bergstrom closed the public hearing at 7:38 PM.
,8
Horst stated that in his opinion the City would not have approved the lot split in 1985 without
20 also approving of the intention to put a home on the resultant lot. He added the request is in
21 keeping with the current goals of the City, including the improvement of housing stock and
22 increased tax revenues.
23
24 Horst expressed his support of the request, stating the only negative aspect of the request is the
25 creation of a less than ideal-sized lot, although no further variances would be required and there
26 is strong neighborhood support.
27
28 Hanson expressed concern that a precedent would be set for lot size, adding the Ordinance
29. pertaining to lot size might need to be revisited. He added the lot in question is a beautiful treed
30 lot and could present a.potential flood situation. Bergstrom stated a precedent has already been
31 set and where appropriate the City is willing.to consider and approve such requests.
32
33 Stille stated the hardship issue is not caused by the Johnson's who obviously did their homework
34 when they purchased the lot.
35
36 Motion by Horst, second by Bergstrom to approve the lot width and lot area variance requests for
37 4004 Fordham Drive as it would not alter the essential character of the neighborhood and is in
'8 keeping with the intention and spirit of the Zoning Code.
.,9
Motion carried unanimously
41
45
Planning Commission Meeting Minutes
•°
May 18, 1999
Page 6
1 Bergstrom stated the Commission would make its recommendation to the City Council at their
2' May 25, 1999 regular meeting and encoura?ed the Sperry's and Johnson's to be in attendance.
3
4 C. 99-05 Coppo Partners 2837 Anthony Lane South,Rear Yard Variance.
5 Bergstrom opened the public hearing at 7:51 PM.
6
7 Ms. Moore-Sykes stated that Mr. Geoffrey Benedict of Vanguard Construction, Inc., and as agent
8 for Coppo Partners, 2837 Anthony Lane, has submitted a request for a rear yard variance in order
9 to construct a proposed addition. The current principal structure already sits five feet into the
to rear yard setback. The proposed addition is planned to be constructed along the same line as the
11 rear of the existing building and as such requires a five-foot variance to the City's rear yard
12 setback ordinance for industrial properties.
13
14 The proposed 200 foot by 84 foot addition will be constructed on the northeast side of the current
15 principal structure and will provide an additional 16,800 square feet of warehouse. The proposed
16 addition will also allow for the construction of four additional loading docks. As the site plan
• '7 indicates,the owners intend to also reconfigure the layout of the parking area to allow for an
18 additional curbcut, drive and parking stalls. If their request for a variance is approved,they will
be required to install additional parking spaces. By ordinance they are required to install 32
20 parking spaces and the site plan indicates they will provide 38 parking spaces.
21
22 Staff researched the file to determine if a variance was granted for the existing structure and
23 found that the original building was constructed in 1972,which was before the Zoning Code was
24 codified. With this being the situation, there was no variance required in 1972 because the
25 building is considered "grandfathered" in.
26
27 Staff received no comments regarding this variance request.
28
29 Bergstrom invited Mr. Geoffrey Benedict to address the Commission. Mr. Benedict stated he
30 represents Coppo Partners who own the operating companies that occupy the existing building.
31 He added the owners have a need for more warehouse space, docks and additional parking to
32 carry.out their business.
33
in which the owners are involved. Mr. Benedict
34 Horst asked what was the type of business
35 stated the structure is a warehouse distribution facility for automotive specialty adhesives. Horst
36 noted that the petition for variance was not entirely completed. Mr. Benedict noted that an
37 economic hardship would exist if the owners were not permitted to build the addition.
t 38
39 Tillman.asked whether the addition could be moved in 5 feet. Ms.Moore-Sykes noted the
i variance is for the existing building as well. Bergstrom asked what would be the structural
46
City Council Meeting Minutes
• a y 25
M 19 9 9
Page 4
i Cavanaugh thanked Mr. Bridges for his effort s in maintaining the cemetery which is a
2 wonderful park, adding the residents are the beneficiaries.
3
4 Motion by Cavanaugh, second by Thuesen to approve a sideyard setback variance request
5 from Sunset Memorial.Cemetery.
6
7 Motion carried unanimously.
8
9 2. Dave Sperry for 4�Fordham Drive; lot width and lot area variance requests.
10 Mr. Stille explained that a request is recommended for approval by the Planning .
11 Commission for lot width and lot area variances on property which Arvid and Eleanor
12 Johnson intend to sell to Mr. and Mrs. David Sperry.
13
14 Marks stated there is clearly a hardship in this case as created by City ordinance.
15
16 Cavanaugh stated a reference had been made to water problems in the area, and asked if
• 17 that issue had been resolved. Stille stated a resident of that neighborhood,who is a civil
18 engineer, indicated he believes water problems in that neighborhood are caused by
19 inadequate pipes on Silver Lake Road and not the addition of 1 home.
20
21 Motion by Marks, second by Faust to approve lot width and lot area variance requests for
22 4XXX Fordham Drive, David Sperry,Buyer.
23
24 Motion carried unani mously.
25
26 3. Coppo Partners; for 2837 Anthony Lane South;rear yard setback variance
27 request.
28 Stille explained that a request is recommended for approval by the Planning Commission
29 for rear yard variance request by Coppo Partners to construct a warehouse addition at
30 2837 Anthony Lane.
31
32 Marks asked what hardship was associated with this request. Stille stated the building
33 was built in 1972 while the zoning code was modified in 1978 and as such the code
34 created the hardship. Marks asked whether the proposed addition requires a variance
35 because of its placement in relation to the existing building. Stille stated the variance
36 relates to the whole structure because it was grandfathered in.
• 37
38 Faust stated the building is nonconforming at its present site, and the addition requires a
39 variance as it is being added to a nonconforming use.
40
. • 0 . 0
03/30/2000 7:51 AM RAMSEY COUNTY PAGE 245
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