HomeMy WebLinkAboutPL PACKET 01231995 Meeting Sheet
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Folder: PL PACKETS 1995
Document: PL PACKET 01231995
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CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
January 23, 1995
• 7:00 P.M.
Council Chambers
I. CALL TO ORDER.
II. ROLL CALL.
III. SELECT CHAIR AND VICE CHAIR OF THE 1995 PLANNING
COMMISSION..
IV. APPROVAL OF NOVEMBER 15, 1994 PLANNING COMMISSION
• MINUTES.
V. DESIGNATE COMMISSION REPRESENTATIVE-TO FEBRUARY
14, 1995 COUNCIL MEETING.
VI. PUBLIC HEARINGS.
A. J. Kahn, Advanced Design, Inc.; for 3125 Croft Drive; lot split
request. _
VII. MISCELLANEOUS.
A. Update on Schroeder lot coverage request (3929 Fordham Drive).
B. Update on proposed City Hall/Community Center.
C. Update on Apache Plaza redevelopment.
VIII. ADJOURNMENT.
1 CITY OF ST. ANTHONY
�2 PLANNING COMMISSION MEETING MINUTES
�3 NOVEMBER 15, 1994
4 I. CALL TO ORDER
5 The meeting was called to order by Chair Gondorchin at 6:00 P.M.
6 II. ROLL CALL.
7 Commissioners present: Bergstrom, Makowske, Gondorchin, Horst, Faust, Franzese, and
8 Thompson.
9 Commissioners absent: None.
10 Also present: Michael Morrison, City Manager, Mayor Ranallo, William Soth,
11 City Attorney, Councilmembers Fleming:and Wagner, Larry
12 Hamer, Public Works Director.
13
14 III. APPROVAL OF OCTOBER 18, 1994 PLANNING COMMISSION MINUTES.
15 Motion by Thompson, second by Bergstrom,to approve the Planning Commission minutes of
16 October 18, 1994 with the following changes:
Page 1, line 21: Remove "Mayor Ranallo was in attendance " and replace with "there were
18 no motions or ordinances passed".
19 Page 4, line 35: Add "Road" after "Silver Lake".
20 Page 9, line 31: Remove "Parks Committee",replace with "Hennepin County Public
21 Works Commission".
22 Page 10, line 3: After "Recycling", add "and garbage".
23
24 Motion carried unanimously.
25 IV. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO COUNCIL'S
26 NOVEMBER 22, 1994 REGULAR MEETING.
27 Commission Franzese will represent the Planning Commission at the November 22, 1994
28 Council Meeting.
29 V. REQUEST FOR OUTSIDE STORAGE FROM HAPPY'S POTATO CHIPS,3900
30 CHANDLER DRIVE.
31 City Manager Mornson reported that Happy's Potato Chip Company is requesting approval to
32 install six storage tanks. Five of the tanks will be 24 feet high and one tank will be 30 feet high.
33 The tanks will be used for storage of bulk popcorn, located in the existing receiving area, and
34 will not have an impact on the existing parking. There is no public hearing required for the
request. These tanks are considered storage sheds and according to the light industrial ordinance
where Happy's is located, storage sheds that do not exceed one story in height,have to be
37 approved by the Council andi also have to be recommended by the Planning Commission. In
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 2 •
1 response to Commissioner Makowske's question, Morrison stated that the tanks would be subject
2 to the typical building inspection by the Building Department and that all other current
3 ordinances will be complied with.
4 Lorin Yenor, Plant Manager for Happy's Potato Chips, reported that he needs these tanks for the
5 purpose of bulk storage of popcorn and corn meal. There will also be an addition to the roof
6 required for the purpose.of unloading. In response to Commissioner Makowske, Yenor reported
7 that the tanks will be sealed. They are constructed of steel and epoxy lined. The tanks will be 5
8 feet above ground for the purpose of unloading with a conveyor. They will be loaded from the
9 top-from semi-trailers. The tanks will be skirted all the way to the ground. There will be no
10 problem with rodents or emissions. The tanks will not result in additional ground water, as there
11 is concrete on the existing site. This type of storage is economically feasible for Happy's as they
12 can order inventory by whole semi-loads rather than partial loads.
13 Chair Gondorchin asked if the installation of these tanks would result in the reduction of parking
14 area. He stated that Happy's was a well-maintained facility and the tanks appear to be a general
15 improvement by making Happy's a more viable business.
16 Yenor responded that the tanks would be installed where the semi's used to back into the
17 driveway at Happy's and the parking area would not be diminished. •
18 In response to an unidentified neighboring resident, Yenor stated that the existing smoke stack
19 would be removed and the tallest tank would extend 7 feet above the garage door.
20 In response to Commissioner Franzese, Yenor reported that Happy's hopes to install the tanks in
21 January of 1995 and have them operational by early Spring.
22 Planning Commission unanimously voiced recommendation to City Council to approve the
23 addition of outside storage at Happy's Potato Chips, 3900 Chandler Drive.
24 Chair Gondorchin urged the petitioner to attend the City Council meeting on November 22, 1994
25 for final commitment of the proposed addition.
26 VI. PUBLIC HEARINGS.
27 A. Lot coverage variance request for 3929 Fordham Drive.
28 At 6:14 P.M., Chair Gondorchin opened the public hearing for a lot coverage variance request for
29 3929 Fordham Drive,which would allow a total lot coverage of 48%.
30 City Manager Momson reported Thomas and Diane Schroeder are proposing to demolish their •
31 present home at 3929 Fordham Drive and build a new home that will accommodate a wheelchair.
32 The house and garage will cover 38%and the driveway 10%of the lot. The ordinance permits a
Planning Commission Regular Meeting Minutes
November 15, 1994
• Page 3
1 30% lot coverage and the Schroeders are requesting a 48% lot coverage which would require an
2 18% lot coverage variance. Morrison cited the four criteria under which a variance could be
3 granted: 1. The property cannot be put to a reasonable use without the variance. 2. The
4 circumstances causing the hardship were not created by the owner. 3. The variance, if granted,
5 will not alter the essential character of the locality. 4. Economic considerations alone are not the
6 basis of the hardship.
7 Thomas Schroeder, owner of the property, explained that their plan is to demolish the existing
8 home. The reason they are requesting the variance is their lot is 7410 square feet, which is
9 smaller than the average St. Anthony lot size of 9400 square feet-(based on figures obtained from
10 Larry Hamer). The new home would have to be one-story as his wife is confined to a
11 wheelchair. He stated that these are the two reasons cited for the hardship.
12 Commissioner Franzese asked where the garage was located and if there would be any way to
13 reduce the size of the driveway.
14 Mr. Schroeder replied that the garage was located at the front North corner of the house and that
15 it was not possible to reduce the size of the driveway, as there is a right-of-way from the street
16 and they cannot go any closer to the street.
Chair Gondorchin inquired as to Mr. Schroeder's attempt to purchase the parcels of land to the
18 north or south of their property.
19 Mr. Schroeder responded that Mr. Botnick,the owner of the property on both sides of the lot, is
20 not interested in selling his parcels, and, in fact, had asked Schroeder if he was interested in
21 selling his lot.
22 Commissioner Franzese inquired if all adjacent property.owners had been shown, and had
23 approved of,the proposed building plan.
24 Mr. Schroeder advised that Mr. Botnick, who owns the lot to the north, south and east of the
25 property had been shown the plans but Al Reed, another adjacent property owner had not been
26 shown the plan. Mr. Schroeder was not aware if Mr. Botnick was in approval of the proposed
27 plan.
28 Commissioner Makowske asked if there was any unusual grading on the property or any
29 topographical issues that could be used to show a hardship and make this a unique case.
30 Mr. Schroeder reported that he was not aware of any.
Unidentified resident asked Mr. Schroeder when the proposed building of the home would take
place and how long it was expected to take to completion.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 4 •
1 Mr. Schroeder explained that he hoped to start the project in the Spring of 1995 and it would take
2 approximately 90 days to completion.
3 Chair Gondorchin closed the public hearing at 6:27 P.M.
4 Commissioner Makowske commented that the lot is a substandard lot but that even if the lot was
5 the standard 9400 square feet,the proposed home would still be larger than the allowed 30% lot
6 coverage.
7 :.Chair Gondorchin explained that the Planning Commission is bound by regulations set up by the
8 State of Minnesota. Due to the fact thai the lot is a buildable lot, the circumstances are peculiar
9 to the Schroeder's own particular situation rather than being created by the land. The regulations
10 make it difficult to grant a variance under these circumstances.
11 In response to Commissioner Makowske, City Manager Momson explained that the variance of
12 the ordinance must be centered on the property and the American of Disabilities Act(ADA)does
13 not apply.
14 In response to Thompson, the Schroeders explained they had purchased the house with the
15 understanding that they would remodel and put on an addition. They have completed as much M
16 remodeling as possible and now find that their best option would be to demolish the whole house
17 and build new.
18 Commissioner Franzese asked if any research had been done at the State level for hardship cases
19 where the extraordinary circumstances pertain to the occupant rather than to the land itself.
20 City Manager Momson reported that he had checked with the City Attorney and had been
21 informed that there was no cause under the ADA and no studies had been done by the State
22 either.
23 Motion by Commissioner Makowske, second by Bergstrom to recommend City Council not
24 grant a lot coverage variance for the property at 3929 Fordham Drive in that the hardships are not
25 sufficient to grant a variance.
26 Motion carried unanimously.
27 Chair Gondorchin urged the petitioner to attend the City Council meeting on November 22,
28 1994,to re-present the request for reconsideration.
29 Chair Gondorchin declared a recess at 6:30 P.M.
30 At 7:01 P.M., Chair Gondorchin reconvened the meeting to consider the approval of the •
31 subdivision of Apache Plaza.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 5
1
2 Mayor Ranallo reported the key dates concerning the Apache Redevelopment Project.
3 January 3. 1992 - The Mayor and City Council received a letter from Pat Groeper of SuperValu
4 to express CUB's commitment to St. Anthony.
5 January 17. 1992 - The City received a request from C. G. Rein to provide tax increment funding
6 (TIF) assistance for the renovation of Apache Plaza. A discussion was held on eligible TIF costs.
7 The City directed C. G.Rein to work with Rice Creek Watershed District to improve water
8 quality. The City also discussed structuring the TIF so the City wouldn't lose Local Government
9 Aid (LGA) estimated at $260,000.
10 January 28. 1992 - The City filed a petition with Rice Creek Watershed District to undertake a
I 1 watershed improvement. The staff of Rice Creek informed City staff that it is very unlikely that
12 the district will fund the improvement, and therefore,the City and Watershed District agree not
13 to proceed with the petition.
14 February 19 and June 24. 1992 -Two letters were received from Jerry Gilligan, City Attorney to
15 City Manager, Mayor and Councilmembers summarizing how the TIF project will work and
16 advising them that the issue of storm water run-off had been raised with C. G.Rein and they had
17 been made aware that this needed to be addressed.
18 August 18. 1992 -The Planning Commission reviewed the Apache Redevelopment and discusses
19 TIF. The Planning Commission was in support of the project and discussed the importance of
improved water quality for Silver Lake and what was required to improve the quality. C. G. Rein
sent a letter to the City Manager stating the firm was currently working with Rice Creek
22 Watershed District.
23 August 25. 1992 -A Public Hearing was held by the City Council on the TIF Plan and the TIF
24 Plan Was adopted. Improved storm water run-off was made as one of the objectives of the Plan
25 by the Mayor and Councilmembers.
26 January 1993 -Pat Groeper of SuperValu submitted a letter to the City reaffirming SuperValu's
27 commitment to build a CUB Food store in St. Anthony.
28 February 24. 1993 - Storm water plan was submitted to Rice Creek Watershed for the installation
29 of 13 skimming devices on the 52 acre site which was in excess of what was required. The
30 Watershed District stressed that redevelopment does not change the existing site as to more
31 impervious surface.
32 March 23. 1993 - City held second Public Hearing on amendments to the TIF Plan for
33 redevelopment of Apache Plaza. At this point the Council agreed to extend the payback of the
34 TIF plan to 15 years.
35 April 21, 1993 -The City filed the Apache TIF Plan with Ramsey County. The City at that time
36 said that it would spend $250,000 in water quality improvements.
37 November 8. 1993 -City held a Special Council meeting with the Silver Lake Homeowners to
38 discuss drainage into Silver Lake from Wexford Heights, Silver Lake Road, and Columbia
39 Heights drainage. Steve Wood of the Rice Creek Watershed District, Ramsey County, Salvation
40 Army Camp, Columbia Heights and New Brighton Engineers were all in attendance. Ponds were
discussed for CUB Foods at Apache Plaza but there was no firm proposal at that time. At this
meeting it was determined that the diversion to Mear Lake was not feasible. The City Council
43 informed Steve Wood that ponds would be better than skimmers for Apache.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 6
1 June 1994 to September 1994 - Representatives of CUB, Knox and C. G. Rein held a series of
2 meetings, all separately, with the Mayor, City Manager and Public Works Director. At these
3 meetings, the three entities informed the City that they were getting close to working out the
4 details of the Apache redevelopment. CUB and Knox targeted construction to start in 1995 with
5 store openings in the latter part of 1995. At all of these meetings, it was stressed that the storm
6 run-off, with the three ponds,had to be resolved before talks about TIF and the public hearings
7 could begin. Apache Plaza hired Barr Engineering to develop drainage ponds to accommodate
8 the run-off. The plans were completed the summer of 1994 with the three ponds. According to
9 Barr Engineering, 80% of the roof and parking lot run-off would run directly into the storm
10 sewers.
11 September 20. 1994 - Mayor Ranallo was requested to meet with the members of the Silver Lake
12 Homeowners Association to discuss alternatives. At this time,Ranallo stated that all discussions
13 would be held in a public forum.
14 October 20. 1994 -Planning Commission reviewed the concept plans for both CUB and Knox as
15 well as drainage plans from Dennis Cavanaugh(C. G.Rein). Rice Creek staff attended the
16 meeting to inform the Planning Commission that they will recommend approval of the three
17 ponds as presented by Dennis Cavanaugh to the Planning Commission.
18 October 26. 1994-Rice Creek Watershed District tabled plans due to new watershed rules that
19 were adopted 2 or 3 weeks before. Residents of Silver Lake Homeowners attended the meeting
20 and requested the Watershed District to require Dennis Cavanaugh to do more.
21 November 8. 1994 - Rice Creek Administration held a meeting in Room 9 of City Hall. City
22 staff, Silver Lake Homeowners (with their attorney)and C.G. Rein were present. No
23 compromise on the water run-off issue was reached.
24 November 9. 1994 - The Silver Lake Homeowners Association directed their attorney to file a
25 petition with the Environmental Quality Board for the establishment of an Environmental
26 Assessment Worksheet(EAW). That evening the Rice Creek Watershed District was scheduled
27 to reconsider the Apache permit, but they were required to table the issue again due to the
28 petition that had been filed.
29 November 15. 1994 -The Planning Commission meeting.
30 November 22. 1994- The City Council meeting.
31 Mayor Ranallo discussed the different options available for resolution of this issue. He stressed
32 that continuing to hold with the studies as Rice Creek Watershed District did, and Silver Lake
33 Homeowners Association have wanted us to do,would endanger this projects completion.
34 B 1. Lot Split, CUB Foods,Apache Plaza,as presented by Mr. Dennis Cavanaugh, C. G. Rein
35 Co., into four sections with Payless Cashways/Knox on the north end including a portion
36 of the current Apache Plaza Mall
37 City Manager Morrison reported that the item under consideration is a public hearing on the
38 subdivision of Apache property. If this proceeds,the final plat will go to the City Council •
39 meeting on November 22, 1994. Approximately 42 acres is proposed to be subdivided into 4
40 lots. The first lot would be for SuperValu/CUB and would consist of approximately 390,000
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 7
1 square feet. The second lot would be for Knox/Payless Cashway Lumber Store and would
2 consist of 445,000 square feet. The third would be what is left of the mall and would consist of
3 943,000 square feet. The fourth would be for First Bank and would consist of 55,000 square
4 feet.
5 Dennis Cavanaugh, C. G. Rein, presented an exhibit which illustrated what is to be accomplished
6 with this subdivision. CUB Foods is acquiring 8.96 acres. They will demolish 140,000 square
7 feet of the existing building and reconstruct 75,200 square feet of new building, which would be
8 attached to the existing mall. Knox Lumber will be acquiring 10.23 acres. They will demolish
9 106,000 square feet of the existing mall and reconstruct 70,000 square feet of warehouse and
10 retailing space and attach to the existing mall. In addition, Knox will construct 60,000 square
11 feet of outside storage buildings. The third lot of 55,000 square feet is currently occupied by
12 First Bank. This lot was subdivided from the rest of the premises because First Bank is in need
13 of some additional drive up facilities. The remaining subdivision contains Tires Plus, Taco Bell
14 and the "Apache Annex", the back part of the building. The building is approximately 91,000
15 square feet but is not part of this subdivision.
16
17 Commissioner Makowske asked if First Bank was acquiring more land than they currently were
18 using and also if there would be cross parking agreements with the lot splits.
0 Cavanaugh reported that the bank is currently utilizing 40,000 square feet. The only change
20 being made is a small "finger" of land to accommodate expansion of the drive up facility. He
21 also verified that there will be cross parking agreements.
22 B2. Variance request to allow a zero lot line, side yard setback which will allow the proposed
23 CUB Foods to be built directly adjacent to the remaining Apache Plaza Mall.
24 City Manager Momson reported that the next issue is a variance request from CUB Foods. CUB
25 will need to obtain approval of a setback variance of 15 feet to allow construction of their
26 building on the north end of the CUB property with a zero foot lot line placement. According to
27 the Uniform Building Code, if the structure is placed on a lot away from the Apache property,
28 they would need to be 60 feet away which would prohibit the size of the facility they are
29 planning to build. If it is a zero foot lot line, according to the building inspector, it can be
30 considered part of the building with a fire separation. A zero foot lot line is permitted by the
31 Uniform Building Code.
32 Commissioner Thompson stated that he would still like to see an entrance directly into the mall
33 from both CUB Foods and Knox Lumber. He stated that it would enhance and preserve the
34 image of the mall.
Jerry Narlock, Engineering Architect for Planmark(CUB),presented their proposal for the
redevelopment and addition of the CUB Foods store directly adjacent to Apache Plaza. They are
37 proposing to buy approximately nine acres of land of which 142,000 square feet would consist of
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 8
1 the existing mall. That said portion would be demolished and the new CUB Foods of
2 approximately 75,000 square feet, would be constructed adjacent to the remaining mall structure.
3 This is the reason for the request of the zero foot lot line setback. CUB Foods would have access
4 directly off Silver Lake Road by the existing driveway to the south. The front of the building
5 and the parking area would face Silver Lake Road. The receiving area would be in the rear of the
6 building on the west and face south toward the railroad right-of-way. The colors of the outside
7 of the building will blend well with the color scheme of the existing mall and will enhance the
8 appearance of the mall on this end. They are proposing to enhance the green areas with
9 landscaping. The receiving area will be heavily screened with evergreens to maintain the
10 screening of the dock year round. He asked for approval from the Planning Commission of the
11 zero foot lot line setback. This is allowable under the Uniform Building Code: Mr. Narlock
12 stated it would be a hardship if CUB is required to comply with the 60 foot separation between
13 CUB Foods and the existing mall. There would not be a project at this time if a 60 foot setback
14 is required.
15 C. Variance request for a zero lot line which will allow the proposed Knox Lumber to be
16 constructed adjacent and connected to the remaining Apache Plaza Mall and a request for
17 a conditional use permit for outside storage of building materials.
18 City Manager Mornson reported that Knox is requesting a variance from the 15 foot lot line •
19 required by ordinance to a zero foot lot line. This is permitted by the Uniform Building Code. In
20 addition,Knox is requesting a conditional use permit for their facility. Their plans indicate that
21 all their materials, lumber, etc., will be under roofs. They have also proposed a 15 foot block
22 wall with plantings along the outside wall for screening. There will be lighting on the outside of
23 the structures.
24
25 Richard Hehr, Real Estate Representative for Payless Cashways, Inc. (Knox),presented the
26 proposed plan for their store at Apache Plaza. He stated that Knox is proposing to build a new
27 prototype store at Apache Plaza which is unlike any other Knox store in the Minneapolis area.
28 The 70,000 square foot building will be of masonry construction.-It is a"user-friendly" store.
29 The main basis of the new concept is called the "quantum leap" entryway into the product area.
30 This consists of a drive-through entryway to the product area which is completely enclosed. The
31 only visibility to see into the product area is through the drive-through entryway. There are also
32 two toll booths in the drive-through entryway. All the truck deliveries that are made into the
33 product area will be completely screened. The customer will enter the drive-through entry, being
34 directed by various signs in the product area, will pick out needed material, load it into their
35 vehicle,drive back, and pay for the product through their car window at the toll booth. There
36 will be landscaping both on the west end of the property and as many plantings as possible on the
37 north end of the property. In response to Commissioner Faust, Mr. Hehr reported they will
38 utilize the existing lighting in the parking area. In the product area,building mounted lighting
39 systems will be used that shine downward. There will be no loudspeakers used. All •
40 communication will be done through walkie-talkies. He asked that the Planning Commission
41 approve the variance for the zero foot lot line. If Knox is required to abide by the 60 foot
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 9
1 setback,physically they will not be able to have the size of product area they need to have for the
2 project to be economically feasible.
3 At 7:37 P.M., Chair Gondorchin then opened the public hearing for the variance request for a
4 zero lot line which will allow the proposed Knox Lumber to be constructed adjacent and
5 connected to the remaining Apache Plaza Mall and a request for a conditional use permit for
6 outside storage of building materials.
7 Chair Gondorchin read a letter received on November 13, 1994 from Gary and Katie Simons,
8 1512 2nd Terrace S.W., expressing their enthusiastic support for.bringing CUB Foods and Knox
9 Lumber to the community. They stated that they believe that these two quality establishments
10 can provide the boost that Apache Plaza desperately needs and they are concerned about the
11 future of Apache Plaza without the addition of these businesses.
12 Eileen Spano, Representative of Saint Anthony Court Homeowners Association, expressed their
13 organization's enthusiasm and gave their vote of approval for the project.
14 Lowell Timmersman, 3221 Wehdhurst, a 20 year resident of St. Anthony, thanked Cashway
15 Lumber and CUB Foods for considering Apache Plaza, for spending money that creates jobs,
helps pay taxes and makes jobs for our children. He said it is a great program and is looking
forward to having the businesses in the village.
18 George Wagner, Representative of the St. Anthony Village Kiwanis, strongly supports the
19 expansion of Apache Plaza to include the addition of businesses such as Knox and CUB Foods
20 stores. On November 3, 1994, the St. Anthony Kiwanis Board of Directors voted unanimously
21 to support this project. They believe several benefits accrue to the community from these new
22 stores, and consider the following high on the list: 1. Hundreds of new jobs will be available, 2.
23 Two excellent new business citizens in the community, 3. More support for education through
24 higher tax revenue,4. A wider variety of stores for shopping convenience, 5. Higher property
25 values due to proximity of shopping, 6. Increased tax base will ease tax pressure on local
26 residents and businesses. Kiwanis urges all residents of St. Anthony to support the process of
27 enabling these stores to be established in the Village.
28 Frank Budnicki, 3124 Wilson St.N.E., expressed his agreement with all that had been said.
29 Roy Genaw, 3404 Roosevelt St.N.E., a 40 year resident of St. Anthony, stated he was one of the
30 people who was involved in bringing Apache Plaza into the Village 35 years ago. He requested
31 to have the tax increments of the projects explained, including how much was to be borrowed,
32 amount of time, anticipated rate of interest, and what the money is going to be used for.
City.Manager Mornson explained that the following numbers have not been approved by the
City Council as of yet, as that is one of the last steps in the process. The amount of money that is
35 anticipated to be borrowed for this project is $3,100,000. Net proceeds are anticipated to be
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 10
1 $2,450,000. The net proceeds will be for the following: $250,000 is being set aside for the
2 development of the three holding ponds being proposed by the developer, $700,000 is being
3 proposed for the assistance of the demolition and land right down for Knox Lumber, $1,200,000
4 is being proposed for the demolition and land right down for CUB Foods, and an additional $2-
'5 300,000 is being set.aside for C. G. Rein to use for demolition and other expenses. The
6 remaining $600,000 of this tax increment is being used for City costs such as capitalized interest.
7 The City will need to make bond payments but there will be no money coming in and there will
8 be issuance costs as the City will need to hire someone to help with the financing of this issue.
9 He reported that as stated earlier by the Mayor, Tax Increment Financing that the City has set up
10 for their other districts, have gone no longer than 10 years. However, because of the impact in
11 terms of taxes and jobs, etc., of this project, the City has directed the staff, that they would be
12 willing to go 15 years. This Tax Increment Fund was set up in 1993 to avoid changes in
13 legislature which would have cost the City $60-200,000. This cost would have been spread out
14 over everyone's taxes. Because of interest rates going up and the delay in the project, the City
15 will now be borrowing money for 17 years. The valuation of Apache is approximately
16 $6,000,000. The valuation the City will be using for tax increment purposes is $7,900,000. The
17 money the City will be using for these project costs and the bond issuances will be a new value
18 which has to be firmed up by the developers and the Ramsey County Assessors Office. It is
19 estimated at$14,000,000. The difference between these two amounts, $7,000,000 will go into
20 the City's tax increment district and it is anticipated this will be $404,000 per year in additional
21 tax revenue. Currently, based on figures obtained from the assessors office, the mall is paying
22 $365,000. This will double what is coming in for taxes. However, the money is tax payer's
23 money and is not a loan. It is money that Knox, CUB, and the rest of the mall will be paying, as
24 they would normally be paying; however, it will all go to the City instead of the school, county
25 and Metropolitan Council, until the bonds are paid off or the City decertifies their tax increment
26 district.
27 City Manager Morrison confirmed that Genaw was correct in calculating that the Village would
28 be in debt$350,000 to $450,000 per year for the next 17 years with no improvement in the tax
29 base. City Manager Morrison also confirmed that the project at 3111 Silver Lake Road was
30 indeed a good project and was increasing the tax base, as it is not in a tax increment project.
31 Commissioner Faust commented that if we do not back the tax increment we still stay at the
32 $7,000,000 evaluation and never go any higher. The money that is being used to pay the City for
33 the bonds is paid by the property owners in Apache Plaza.
34 Commissioner Franzese commented that if there are no improvements made at Apache, it will
35 not stay at the $7,000,000 level but will continue to decrease. It has decreased by 65% in the
36 past five years.
37 Chair Gondorchin added that there will be further development coming into the area because of
38 the addition of CUB Foods and Knox and this will also increase the tax revenues.
Planning Commission Regular Meeting Minutes
November 15, 1994
is Page 11
1 Kirk Larson, 3509 Maplewood Drive,.spoke of memories of Apache first being built. In the last
2 few years he has watched it die. He feels that we now have an opportunity to bring it back, so
3 let's do it.
'4 Karen Benson, 3208 Roosevelt Street, stated that she as a mother, is in total support of this
5 project. She feels that Apache has recently become a hangout for kids. She said there is nothing
6 in the community for jobs for teenagers and children.. She is hopeful that these businesses will
7 come in and provide jobs for the kids.
8 Geraldine Shaughnessy, 3113 36th Avenue, stated that she is in total support of Knox and CUB
9 and feels that the project is long overdue. Apache used to be a beautiful center. She is excited to
10 get it back and get it going. She stated she has noticed kids hanging out there and loitering. She
11 feels Apache will become an eyesore if nothing is done.
12 Betty Spano, 3323 Garfield Street N.E., spoke as employee of Apache Plaza. She stated that the
13 community really depends on a center like this. A lot of people in the area would not be able to
14 take advantage of a mall situation if it was not as accessible as Apache. She is in support of
15 CUB and Knox coming into the Mall.
James Hoska, 3209 31 st Avenue N.E., stated that he moved into the village 10 years ago and at
Q'7 that time,Apache was prospering. In the last few years, he has seen it die on the vine. He .
18 became very excited when he heard that CUB and Knox were coming into the mall. He
19 expressed his approval of the project. He has seen kids loitering at the mall and feels that with
20 new jobs coming into the mall, it will benefit our children.
21 Sherry Hanson, 3530 Skycroft Drive, states that she agrees with everything everyone has said.
22 She asked that it be considered to have doorways coming into the mall from both stores.
23 Jeanette Dick, 3519 N.E. Harding, a 25 year resident of St. Anthony,.is wondering if the persons
24 who are in opposition to the water run-off into Silver Lake have also questioned Wexford
25 Heights, Silver Lake Camp, all the other businesses in the area, and considered the water run-off
26 from Silver Lake Road. She also questioned how many residents around the lake use Chemlawn
27 or other chemicals that run into the lake. She expressed that she was in favor of the project and
28 that she feels it will bring a lot into the area..
29 Rob Lundeen, 3912 Fordham Drive, asked if Silver Lake Road was going to be widened and
30 expressed concern that the run-off from Tom Thumb into Silver Lake was heavy.
31 Public Works Director, Larry Hamer, stated that they are going to change the pondage in the
32 Salvation Army Camp and the end of construction will be approximately 300 feet north of Silver
Lane.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 12
1 Mr. Lundeen asked if Apache Plaza was still in bankruptcy and how the size of this CUB Foods
2 will compare to the store located at Northtown or in Little Canada.
3 Dennis Cavanaugh responded that Apache Plaza is not in bankruptcy but that it was in
4 receivership. He stated that this will not affect the project at all.
5 Narlock informed the audience that CUB Foods at Apache would be 75,000 square feet and
6 compared it to the Maple Grove store which is 88,000 square feet.
7 Chair Gondorchin added that there has been an allotment to the south made for expansion of the
8 CUB store at a later date'to the 88,000 square foot size.
9 Mr. Lundeen expressed concern as to the people living on Silver Lake and inquired as to the size
10 of the ponds that were being installed.
11 Chair Gondorchin explained that the ponds would be addressed later in the meeting. He stated
12 that the ponds meet the Rice Creek Watershed District recommendations at the time the plans
13 were completed and submitted.
14 Wayne Mikkola, 3518 Skycroft Drive, expressed his full support for the project.
15 Jim McNulty, 2921 33rd Avenue N.E., stated he was on the Council at the time Apache was
16 built. At that time it instilled a vitality in the community. This is what he thinks this project will
17 do now. He doesn't want to see a wall built up between the people on Silver Lake and the other
18 residents in the community. He feels that these ponds are taking care of a good percentage of the
19 drainage. He hopes that the people of Columbia Heights, Wexford Heights and the people
20 around Silver Lake are taking care of their fertilizers and nutrients that may be going into the
21 lake.
22 Commissioner Faust stated that he lives on Silver Lake and there is not a wall being created
23 between the residents on Silver Lake and the rest of the community. Silver Lake is considered a
24 St. Anthony "treasure". He has worked very hard on the preservation of the lake, along with Dr.
25 Can:, Wexford Heights, Columbia Heights,New Brighton, and Ramsey County. The Silver Lake
26 Homeowners Association does a lot to reduce pollution in the lake. However, there still are a lot
27 of people who put the phosphorus into the lake.
28
29 Mary Bauer,4000 Foss Road#103, said that she was there to see the first shovel of dirt turned
30 over for Apache Plaza. She is glad to see this project and wants it to go ahead.
31 Dana Erickson, 3320 Croft Drive N.E., voiced his support for the project. He moved to St.
32 Anthony 3 years ago and couldn't believe how much Apache had changed since he was a child.
33 He is glad the project is going forward and hopes that everyone feels the same as he does.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 13
1 Doug Jones, 2505 Silver Lane N.E., questioned the change to the ground lease for First Bank.
2 He inquired as to the changes in traffic flow.
3 Mr. Cavanaugh reported that the only changes to the ground lease for First Bank is the addition
4 of a small area which will provide additional stacking room for the drive up facilities. Based on
5 the studies completed by Knox and CUB, there should be no changes in the traffic pattern due to
6 the project.
7 Mr. Jones questioned the location of entrances for Knox and CUB Foods. He asked if there was
8 an entrance to Knox from Stinson Blvd. He also asked into what area the proposed outdoor
9 storage areas will be draining.
10 Mr. Cavanaugh reported that there is an entrance to Knox from 39th Avenue. The traffic from
11 37th Avenue and Stinson can use that entrance. The proposed drainage system was designed so
12 that the outdoor storage areas would drain into the ponds.
13 Mr. Jones asked if there was a possibility that there could be an entrance to CUB from the
14 Stinson side of the mall. He encouraged the developer, CUB Foods,Knox Lumber and the
15 Planning Commission to maintain access to the mall from both sides, as it is very important to
move the traffic through the center. He believes this will increase the value of the out buildings
7 located there.
18 Mr.Narlock responded that there was access to the mall from the Stinson side by using the main
19 service road located on that side of the mall.
20 Robert Meyer, 3000 N.E. 33rd Avenue, a 14 year resident of St. Anthony, has used Apache Plaza
21 for many years and has seen it go down hill as many others have. Right now he does his
22 shopping 11 miles away and he drives 17 miles to buy his lumber and other things. He feels that
23 if we have CUB and Knox here, it will be a tremendous addition to the community. He feels that
24 St. Anthony really needs the project or there will be nothing here. He stated that something has
25 to be put in there but he questions if this addition will really help the remaining mall area since
26 there will be no direct access to the mall from the 2 stores.
27 Mr. Cavanaugh responded that the main mall at Apache Plaza does about$10,000,000 per year
28 in retail sales. CUB and Knox will generate between $65-70,000,000 in retail sales per year.
29 This will improve the retail base and there will be more traffic than there has ever been. SAV
30 Liquor Warehouse will be relocating into the mall and Herbergers will possibly be expanding. In
31 the final analysis, we will have 10,400 square feet of vacancy which will be attractive to new
32 tenants now that we will have CUB and Knox in the mall.
John Calguire, 3436 Silver Lane, stated that he is also in favor of the proposal. He feels that
more lives will be affected positively than negatively and that is the bottom line in this issue.
35
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 14
1 Lucille Calguire, 3436 Silver Lane, stated that she casts her vote vigorously and excitedly for this
2 project. She questioned the people who are opposed to the project as to what they do want to do
3 with Apache if this project doesn't go through. St. Anthony is a neighbor to the City of
4 Roseville, which allots more land to parks than any other City in the State of Minnesota. This is
5 possible because they have a lot of retailers who pay their taxes for them. We don't have that in
6 St. Anthony. We in St. Anthony spend money just like everybody else, we want to spend our
7 money here.
8 Ted Holsten, 3213 Townview Ave.N.E., a 27 year resident of St. Anthony, sees an opportunity
9 to enhance and vitalize the community surrounding Apache and at the same time greatly reduce
10 the impact on water quality of the run-off from the present situation. This seems to him to be a
11 win-win situation.
12 Ken Johnson, owner of Hardee's restaurant for 24 years, stated that when he first came here,
13 Apache was in it's "hey-day". He has seen it just go down and crash. He employs approximately
14 50-60 teenagers. He wants to see the project go and thinks it is super for the City of St. Anthony.
15 Paul Haik, 701 4th Avenue South#500, questioned Dennis Cavanaugh regarding the receivership
16 with Apache Plaza.
17 Mr. Cavanaugh explained that he had an agreement with the bank to have a signed purchase
18 agreement with CUB Foods by March 31, 1994. That did not occur. As a result,the bank had
19 several options. At this point in time,the bank has elected to appoint a receiver. This simply
20 means that all the money goes through a receivership. C. G. Rein is still directly involved in all
21 negotiations with CUB and Knox.
22 Blake Szurek, 3408 Roosevelt Street N.E., stated that he agrees wholeheartedly with most of the
23 comments he has heard. He feels there is a lot of energy behind this proposal and would like to
24 see that energy be extended into other areas around Apache such as the New Market, which will
25 be closing and the SAV Liquor store building. He wondered if there are community uses that
26 this set of buildings could be used for or will they be used commercially. He stated he would
27 like to see decisions made quickly as to what we can do with the other properties.
28 Mr. Cavanaugh responded that he is exploring all options. The building is situated behind the
29 CUB building and is not highly visible, so C. G. Rein is exploring options other than retail use at
30 this time.
31 John Madden, 3701 Foss Road, stated that he is in favor of the project for several reasons. He
32 was a member of the Economic Redevelopment Task Force that was formed in the Fall of 1993
33 by the City Council, in response to the concerns that property values either had declined or
34 would decline in the future unless the community became actively involved in development or i
35 redevelopment of under-utilized property within the City. After 9 months of study, the
36 committee's number one priority was Apache Plaza. St. Anthony's commercial tax base is
Planning Commission Regular Meeting Minutes
November 15, 1994
• Page 15
1 deteriorating. The Apache Medical Center Building was carried on the tax books at $1,300,000.
2 It sold a year ago for$750,000. The difference in that tax base goes to the residents. Apache
3 Plaza has had their valuation reduced a couple of times and the residential people have to make
4 that up also. This project is expected to provide 400 jobs in the 2 stores with approximately half
5 of those jobs available for high school and college students. It will improve some of the
6 environmental concerns, such as the storm water flowing into Silver Lake. Without this project,
7 there may be no holding ponds. He believes that any delay in recommending passage of the
8 request before the Planning Commission tonight, will seriously jeopardize the project. He hopes
9 that the Planning Commission will send a strong message to the City Council by unanimously
10 endorsing this proposal tonight. ,
11 Joe Welle, Representative of the St. Anthony Chamber of Commerce, reported that the Board of
12 Directors voted unanimously to support the CUB/Knox project. He reported that the Chamber
13 feels that there are numerous benefits resulting from the project. The project will bring in new
14 jobs,increase home values, and bring in some excellent new business citizens. The Chamber is
15 looking forward to having them involved in the Chamber of Commerce and the community. The
16 Chamber feels the project will bring excellent shopping in a close proximity and looks forward to
17 working with CUB and Knox.
Clark Tomason, owner of Apache Watch and Jewelry, thanked C. G. Rein for keeping retail in
OP9 Apache Plaza. He stated that if this project does not go through all that will be left at Apache is
20 Herbergers and the bar. He stated that it is hard to make it as a retailer in the mall now. He
21 hopes the people in St. Antony realize what potential they have for the future and keep what they
22 have now.
23 Diane Schroeder, 3900 Chandler Drive, asked if there were plans to install accessible doors in the
24 new stores and also if the bowling alley or the restrooms would be made handicap accessible.
25 She also inquired as to the entrance into the parking lot on 39th Avenue. She wondered if there
26 could be a provision for sidewalk placement at this entrance as there is a lot of pedestrian traffic
27 in this area and especially now that the traffic will be increasing.
28 Mr. Cavanaugh stated that there are no current plans for a sidewalk in this area but that it was
29 something that could be looked into.
30 Donna Gorski, St. Anthony resident, commented that she and her husband are in favor of the
31 project. She realizes that lumber and groceries come in on trucks and was wondering what the
32 increase in traffic would be and what routes the trucks would be taking. She asked what affect
33 this will have on the roads and if there are plans to widen the roads. She pointed out that there is
34 a school and a nursing home located in the immediate area on 37th Avenue. She also inquired if
35 there would be a new stoplight installed at the Silver Lake Road access point.
0 Mr.Narlock responded that CUB Foods receives deliveries 24 hours per day. There is a lot of
37 volume that goes through this type of store, so there will in fact, be truck traffic 24 hours per day.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 16
1 He stated that there is adequate access onto the site. The main route used for the trucks will most
2 likely be 35W to Cty. Rd. D. He stated that he was not aware of any proposed new stoplights in
3 the area.
4 An unidentified resident added that County Road D and Silver Lake Road are both county roads
5 and they are designed to handle the heavier loads brought in by semi-trucks and the increased
6 traffic.
7 An unidentified resident reiterated that the traffic site at 39th Avenue is difficult. When people
8 are getting off the bus between 3:30 p.m. and 5:30 p.m., it is very congested. He stated that
9 traffic on the north end of Apache Mall is only able to exit to go southbound. He asked if there
10 were plans to reconstruct this exit.
11 Mr. Cavanaugh responded that there are five points of ingress and egress at Apache Plaza. He
12 stated that if, after the project is completed there are problems, there will be modifications made
13 to the roadway system.
14 Mr. Anderson, Wendhurst Avenue, commented that he is very excited about CUB and Knox
15 coming in to the mall. He asked when the project will be starting and when completion is to be
16 expected.
17 Mr. Narlock responded that they intend to start the CUB project in the Spring of 1995 and be
18 completed in the Fall of 1995.
19 Mr. Hehr responded that they also hope to start construction of the Knox store in the Spring of
20 1995 and be opened for business in the Fall of 1995.
21 Bill'Carr, St. Anthony resident, stated that at the Homeowners Association meeting,the group
22 voted unanimously to support the project. Their fear is that if the project isn't approved, Apache
23 Plaza will go "down the tube". However,they feel that their lake is also going "down the tube".
24 They feel that this is their one last chance to save the lake. The way the plans are now, they do
25 not meet anybody's specifications for good water management purposes. He stated he is firmly
26 convinced that a compromise can be reached. The Village has been working on behalf of Silver
27 Lake for several years and helped them when they dealt with Wexford Heights. A really good
28 solution was reached there primarily because the Salvation Army Camp which owned the land,
29 had the lake utmost in it's mind also. They feel they have to get C. G. Rein and the Village to
30 think of the lake as a"treasure" also and do the best that they can. He reported this is what they
31 are working for. They would like a compromise that will keep Apache a viable force in the
32 community and yet make the best possible solution for the water run-off into the lake.
33 Dave Greenwood, Co-owner of Auto-Trac, stated that they are in favor of the project. It will
34 produce more traffic and give their business a higher profile. He stated that he lives in South
35 Minneapolis, near Minnehaha Mall, which was in the same situation as Apache. They opened up
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 17
1 a CUB Foods in the mall and very shortly after, the mall began getting bigger and business has
2 come back. He advised that the Minnehaha Mall utilizes a City bus which re-routes through the
3 parking lot and drops people off at the store. This bypasses any traffic problems of people trying
4 to run across the street.
5 Chair Gondorchin closed the public hearing at 8:39 P.M.
6 Motion by Commissioner Makowske, second by Thompson to recommend Council approval of
7 the lot split as presented by Mr. Dennis Cavanaugh, C. G. Rein Co., into four sections as follows:
8 the first lot for SuperValu/CUB consisting of approximately.390,000 square feet, the second lot
9 for Knox/Payless Cashway Lumber Store consisting of approximately.445,000 square feet, the
10 third lot would be what is left of the mall consisting of approximately 943,000 square feet, and
11 the fourth lot would be for First Bank and consisting of approximately 55,000 square feet,
12 contingent on a title review by the City Attorney, as well as any easements that may be-necessary
13 for the platting process which will be taken care of with the City Council.
14 Motion carried unanimously.
15 Motion by Commissioner Bergstrom, second by Commissioner Makowske to recommend
Council approval of the setback variances for the CUB redevelopment, specifically the 15 foot
setback variance on the north end of the CUB property. The hardships were found for the
18 following reasons: 1. With the 60 foot Uniform Building Code normal separation, the property
19 cannot be put to reasonable use without this variance. 2. The circumstances are not created by
20 the owner of the property. 3. This will not alter the essential character of the locality. 4.
21 Economic considerations alone are not the basis of the hardship. Also this variance will improve
22 the traffic flow as traffic will go around the buildings rather than in between the buildings.
23 Motion carried unanimously..
24 Motion by Commissioner Bergstrom, second by Commissioner Makowske to recommend
25 Council approval of the setback variances for the Knox redevelopment, specifically the 15 foot
26 setback variance on the South portion of the Knox property. The hardships were found for the
27 following reasons: 1. With the 60 foot Uniform Building Code normal separation, the property
28 cannot be put to reasonable use without this variance. 2. The circumstances are not created by
29 the owner of the property. 3. This will not alter the essential character of the locality. 4.
30 Economic considerations alone are not the basis of the hardship. Also, this variance will
31 improve traffic flow, as traffic will go around the buildings rather than in between the buildings.
32 Motion carried unanimously.
Motion by Commissioner Bergstrom, second by Commissioner Thompson to recommend
Council approval of the conditional use permit for Knox Lumber conditioned that all lumber
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 18 •
1 products will be under roofs, the 15 foot block wall with screening be provided, and there will be
2 lighting on the outside of the structures directed downward.
3 Motion carried unanimously.
4 Chair Gondorchin urged the petitioners to attend the City Council meeting on November 22,
5 1994, for final commitment of their lot split, variance and conditional use permit requests.
6 Chair Gondorchin closed this portion of the meeting at 8:49 P.M.
7 VI. ITEMS RELATING TO APACHE REDEVELOPMENT.
8 A. Review Comprehensive Sign Package for CUB Foods and Knox Lumber.
9 City Manager Morrison reported that due to the fact that this is a shopping center, C. G. Rein,
10 CUB Foods and Knox have submitted a sign package under the comprehensive sign package
11 ordinance provisions. By submitting a comprehensive sign package, exceptions to the
12 regulations of the sign ordinances may be permitted. The purpose of handling it this way is to
13 recognize that because of the size of the mall, and the two new stores, the size of the signs will be
14 larger than allowed by ordinance. This gives the Planning Commission and the City Council the
15 ability to make exceptions to the sign ordinance and offer some flexibility.
16 Mr. Cavanaugh reported that Apache Plaza and the Apache Plaza pylon sign were both built in
17 1961. Since 2 new stores are moving into the mall, it is time to update the pylon sign. He
18 presented an exhibit of the proposed pylon sign. The proposed sign will be 414 square feet per
19 side and 42 feet tall. The existing pylon sign is 440 square feet per side and 40 foot tall. In
20 addition to that, CUB will have a ground sign which will be 15 feet high and 9 foot by 12 foot
21 per side. Herbergers is located in the rear of the building and due to this,they have requested
22 that they have a sign on the north end of the center. The sign they are requesting is a ground sign
23 which would be 8 feet high with a 4 foot by 8 foot sign face. The new pylon sign would be in
24 the current pylon sign location. The CUB Foods ground sign is just off the south entrance to
25 Apache Plaza. At some point in time, there is a small site that C. G. Rein intends to develop that
26 would typically be used as a fast-food restaurant. Typically, uses like this prefer a ground sign,
27 so at this point in time, C. G. Rein is requesting approval of a ground sign that is approximately 8
28 foot tall and has a sign face of 4 foot by 8 foot. This is the overall signage plan for perimeter
29 signs.
30 Narlock explained that CUB Foods is proposing signage in three basic areas. The first is the
31 ground sign near the right-of-way of Silver Lake Road on the south entrance to the store. This
32 sign is to encourage people to use that entrance when they do shop at CUB. The other signage
33 would be located along the front of the store. The square footage of these signs is as follows:
34 The first sign, the main sign, located at the entrance of the store is 266 square feet. There is also
35 a 24-Hour Savings sign that CUB would like to have (on the opposite side of that canopy) that is
36 145 square feet. The Pharmacy sign is 100 square feet. On the backside of the building, CUB
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 19
1 would like to have a sign included in the comprehensive sign package. This sign is to encourage
2 traffic that is coming from 39th Avenue and to let them know that CUB Foods is located here.
3 They could then use the drive that is located along the south end of the CUB lot. The square
4 footage on that sign is 230 square feet. As far as any other signage,there would be one along the
5 driveway, the two locations on the building, the front and back,and one also on the pylon sign
6 that Mr. Cavanaugh presented.
7 Chair Gondorchin inquired as to how many pylon signs were to be included in this package.
8 Mr.Narlock responded that there will only be one pylon sign that will be located where the
9 existing pylon sign stands. CUB would also propose one ground sign in the right-of-way, right
10 in front of the Tires Plus Store.
11 Mr. Hehr explained that the only signage that Knox would request would be on the front of the
12 building, which would show the Knox logo on the south end of the building which is
13 approximately 368 square feet in size. Above the drive-through area into the lumber yard, Knox
14 is proposing a sign that is approximately 120 square feet. The only other signs that are visible
15 would be on the inside of the product area, not visible from the street, which are mainly
16 directional type signs. He stated that Knox is asking for approval of the pylon sign.
q7 Chair Gondorchin related that this is a development on a scale that St. Anthony has not seen in
18 some time. He stated this plan is representative of the corporate signage that is going on for
19 entities such as a Knox and a CUB Food Store.
20 Commissioner Faust explained that when the Planning Commission worked on the
21 comprehensive sign package ordinance, this was exactly what they were trying to accomplish.
22 Apache Plaza is bringing the Planning Commission a total comprehensive sign package for the
23 mall. The intent of the ordinance was to be flexible, to give the major anchors of the shopping
24 center the flexibility they would need.
25 Commissioner Makowske asked if Exhibit E, which was received in the packet tonight, was an
26 actual part of the comprehensive sign package.
27 Mr. Cavanaugh responded that when the project is completed, there will be approximately 1500
28 linear feet of shopping center facade left upon which signs could be placed. Exhibit E, included
29 in the packet tonight, pertains to that part of the shopping center. In response to Commissioner
30 Makowske, he assured that there was provision for other tenants.
31 All Planning Commission members expressed approval of the comprehensive sign package
32 presented by CUB Foods, Knox Lumber and C. G. Rein Co.
Jim McNulty, . Anthony esident stated that he is "for" the sin acka a because you don't et
h', Y g P g Y g
34 a project like this and then try to keep it a secret.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 20
1 Al Rogers, St. Anthony resident, asked if there would be any signs facing Stinson.
2 Mr. Cavanaugh reported that they did not own any property on Stinson. The only place available
3 to put a pylon is 250 feet off Stinson and he did not think it would be visible from that distance.
4 Dr. Carr, St. Anthony resident, asked it anything could.be done with the curbing in the parking
5 lot. Mr. Cavanaugh explained that the curbings are there for a reason, to direct traffic.
6 Ron Rasmussen, Tires Plus Store Apache Plaza, asked if there would be provisions made on the
7 pylon for any of the existing stores in the mall. He wondered if it was possible to build the pylon
8 bigger so that everyone who wanted to be listed on it could be.
9 Mr. Cavanaugh stated that their is still room on the pylon for one tenant. Typically, the space on
10 the pylon is based on square footage of the tenants. The center currently has 40 tenants and there
11 could not be space for all of the tenants on the pylon.
12 Pat Tomason, Apache Watch and Jewelry,asked if there would be a listing of all the tenants on
13 the outside wall of the mall.
14 Mr. Cavanaugh stated that this was something the center was trying to achieve. •
15 B. Review Drainage Plan for CUB Foods and Knox Lumber.
16 Dennis Palmer, Barr Engineering,presented the proposed drainage plan for CUB Foods and
17 Knox Lumber. Barr Engineering was hired by C. G. Rein to do the site development as far the
18 water quality and the run-off issues. At the time they were hired,they were told by C G. Rein,
19 that there was a strong interest on the part of the City and the Watershed District regarding the
20 run-off and the quality of the run-off into Silver Lake. Barr Engineering met early with members
21 of the City staff and the Watershed District to identify a series of regional as well as site specific
22 issues, that might have to do with addressing water quality problems. At that point in time,
23 dealing with these problems on a regional basis was almost impossible. So C. G. Rein's only
24 choice was to deal with these issues on a site specific basis. The main objective was to get as
25 much run-off as possible into the ponds. The areas to the south,by the tire store,through CUB
26 store, could be captured by installing two ponds. Run-off could be captured from the Knox store
. 27 and building by installing one pond. The area from the tire store down through the Bank is very
28 difficult to capture because the existing storm sewers that would have to be incorporated into
29 those ponds, are below the elevation that the ponds can be installed. Also, ponds in this area
30 would have a serious impact on the availability of parking for CUB,the mall and for the Bank
31 area. Barr then had interaction with the Rice Creek Watershed District and the City to find what
32 would be appropriate with them. The final proposal calls for three sediment and water quality
33 improvement ponds. The ponds were designed and were in accordance with the requirements of
34 the Watershed District at the time they were designed and the permit application was submitted.
35 The permit application was submitted in 1993. Since that time, this proposal has been approved
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 21
1 by the Rice Creek Watershed District but has now been tabled because of a petition for an EAW
2 and the resolution of the issues involved there.
3 Commissioner Faust asked what portion of the run-off would be captured in those three ponds.
4 Mr. Palmer estimated that approximately 60% of the total site is captured in ponds. The portion
5 that is not captured in the ponds is the run-off of the roof and a portion of the parking lot which
6 goes directly into the storm sewer.
7 Mr. Cavanaugh clarified that approximately 79% of the parking lot was captured in the 3
8 drainage ponds.
9 Bill Zawislak, St. Anthony resident, asked where the water was going now.
10 Mr. Palmer explained that at the present time all the water runs down into the storm sewer on
11 Silver Lake Road which runs north and eventually discharges into the southeast corner of Silver
12 Lake. Then when the pressure in the storm sewer goes down, the water flows backwards and
13 goes down Silver Lane. With the proposed drainage plan, the water will still go there but it is
14 temporarily detained in the detention ponds, where the sediments are captured and there are
provisions to skim off floating debris. These procedures will remove 40% of the phosphorous in
06 the run-off water that flows from the site.
17 Paul Haik, Attorney representing the Silver Lake Homeowners Association, stated that everyone
18 in the Association is very supportive of the project and would like to see it go forward. He stated
19 that the petition is filed with the Environmental Quality Board, a State agency that is specifically
20 responsible for supervising and coordinating projects that impact the environment. A petition
21 was filed with them, asking them to assess the impacts of this project. He explained that the
22 process is very quick. The Environmental Quality Board will designate either the City or the
23 Watershed District to decide if an assessment needs to be done. This decision has to be made
24. within 15 days. We are well into the 15 days and expect someone to be addressing that soon.
25 The only thing specifically asked for in the petition, is that a public meeting be held, so there is a
26 specific place where people can come and hear more concretely the issues that the Association
27 wants to be raised. He stated that they are requesting this because it is a long term issue that
28 won't be revisited for many years.
29 Commissioner Makowske asked if there was anything beyond an Environmental Assessment
30 Worksheet(EAW)which has been proposed in the petition.
31 Mr. Haik explained that there are two basic parts. The assessment is a seven page worksheet
32 with 40 to 50 standard questions. It is meant to give an idea of the impacts. He presented the
Minnesota Pollution Control Agency, (MPCA), Best Management Practices on How to Handle
Storm Water. What the Association is asking is "do the Watershed requirements implement
35 these standards?" It is the Association's viewpoint that the best management practices
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 22
1 recommended by the MPCA are feasible and are a prudent alternative to the requirements that
2 Barr Engineering is abiding by. There is a significant difference in what the MPCA recommends
3 and what the Watershed District is requiring.
4 Commissioner Bergstrom inquired as to the timeliness of the Environmental Quality Board
5 (EQB). He also asked how long it would take to do the EAW, if that were required.
6 Mr. Haik stated that the local government unit that will be making the decision whether or not to
7 perform an assessment, has 15 days to make that decision. He was not sure how long it would
8 take to go through the EQB, but stated that.he felt they were usually very prompt.
9 Mr. Palmer explained that assuming the responsible agency moves forward diligently, that
10 responsible agency being either the City or the Watershed District, and they were able to fill the
11 EAW out within a week or two, and submitted it, a notice of it's availability is then published in
12 the State Registrar. It then begins a 30 day review period. If there is substantial public response,
13 this review period can be extended by 15 days. The responsible agency, again the City or the
14 Watershed District, needs to respond in writing to all comments received within 7-15 days.
15 There are then findings by the responsible government unit as to whether or not an
16 Environmental Impact Statement is required. This would be required if they found, for any
17 reason, that there was substantial and irreversible environmental impacts that required a more
18 detailed analysis. This statement would then have to be published in the State Registrar. He
19 stated that if all goes well, the process could be completed within 90 days.
20 An unidentified resident asked if the petition can be withdrawn.
21 Mr. Haik stated that the petition can be withdrawn. He proposed that another alternative would
22 be for substantial compliance with what the MPCA requires. Another alternative is for the
23 Watershed District to finance the necessary improvements which could be designed by Barr
24 Engineering.
25 Mayor Ranallo expressed his support for the project and the lake but reiterated that there are only
26 so many things that can be done. He feels that what the City has done thus far, is about all they
27 can do with the money they have available. He stated that the Watershed District has made it
28 clear that they will not be putting any money into this project. He stated that there appears to be
29 no options with the petition involved. Time is of the essence in this project and CUB Foods and
30 Knox would like to get started on the project. Also,Apache needs to move the tenants to the
31 other side of the building so they can begin demolition. He expressed concern that 90 days may
32 be too long to wait. He related a commitment from C. G. Rein Co., that when more construction
33 was done in that area, the drainage would again be addressed and more changes could possibly
34 be made at that time.
35 Mr. Haik stated that the association realizes that the City has made enormous efforts. He said
36 they are only looking for what is feasible and prudent.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 23
1 Diane Schroeder, St. Anthony resident, asked specifically what the Home Owners Association
2 wanted done.
3 Mr. Haik responded that they are only looking for what the MPCA recommends.
4 Commissioner Faust stated that he lives on the lake and he is not in support of the petition. He
5 reported that he has seen some improvements in the quality of the water because he has worked
6 on various issues of run-off water quality, the redesign of Silver Lake Road, etc. He questioned
7 if this petition was being used as a form of legal intimidation. He stated that he believes the
8 Apache project is for the betterment of the entire community. He explained that the City and
9 also other parties involved have gone way beyond the requirement in good faith.
10 Kirk Larson, St. Anthony resident, stated that he has a daughter in the school district. He sees
11 the benefits of this project as two-fold. The first benefit being to the City. The second being that
12 the school district will benefit as this project will bring more kids into the area because more
13 people will want to live here. He reiterated that collecting 79%of the storm water is very
14 efficient and better than not making any improvements at all. He urged the parties to
15 compromise. He stated that this project would be good for the City,the school board and our
0 kids, who are our future.
17 Mr. Cavanaugh explained that C. G. Rein has compromised several times with the storm water
18 management issue. The first offer was to spend$75,000 but the City did not accept this offer.
19 They then offered $125,000 but that offer was not accepted. They are now up to $250,000. He
20 stated that this is very frustrating as there is a project here that is ready to go. A 90 day delay
21 could kill this project. He stated that he has offered and is still willing to sit down with the
22 neighbors and try to resolve the issues.
23 Mr. Haik stated that the Association is very willing to sit down at the table but that the principle
24 party in this issue is Rice Creek Watershed District. They need to be involved in this process.
25 They are the ones who will be issuing the permit. He stated that if Rice Creek Watershed will sit
26 down and negotiate, the Silver Lake Homeowners Association will be there. If not,there is no
27 benefit in negotiating.
28
29 Commissioner Thompson stated that he has been a resident of St. Anthony for many years. He
30 lives near Apache and welcomes any traffic that comes with the project. He sees a great
31 improvement with the three ponds.
32 Dr. Carr reported that Ramsey County did an analysis of the 26 lakes in the county and rated
33 them. Silver Lake was rated 24 out of 26. He stated that he still feels that a compromise can be
reached. He would like to see the lake improve to be the best it can be. He reiterated that all the
roof and the east parking lot run-off is going right into the lake. He suggested that if the ponds
36 could be made bigger, possibly some of the sediment would dilute out. He stated that Rice Creek
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 24
1 Watershed had suggested a low-flow diversion down Silver Lake Road and Silver Lane. He
2 stated that if these 2 things were done, he would be satisfied with the plan.
3 Mayor Ranallo reminded that they had tried to enlarge that pond but there is not enough
4 property. CUB and Knox have stated that if that pond is enlarged, they will not have enough
5 room for parking.
6 Regarding the roof run-off going directly into the storm sewer, Mr. Palmer clarified that a study
7 has shown the water quality of the roof run-off is higher than the present water quality in Silver
8 Lake. Because of this, the water is not being directed into the ponds.
9 Bill Mackey, CUB Foods, reported that when they presented their plan, they indicated that the
10 property as configured and with the proposed ponds, created a tight parking situation, but one
11 that CUB could operate with. He stated that if the size of the pond is increased, it will diminish
12 the parking area to an unacceptable level. He reported that CUB also has plans to expand this
13 store in the future. When they expand, they will diminish their parking even further.
14 Jim McNulty, St. Anthony resident, stated that he has lived in St. Anthony for many years and
15 Silver Lake has always had discoloration in the water. He reminded that the Village is cutting
16 the run-off from 20%to 5%, which is a big difference. He asked what the other entities involved
17 were doing for the lake..He questioned why the development was being held up because the
18 Village can't afford the last 5%due to the exorbitant cost.
19 Jeanette Dick, St. Anthony resident, asked how close the drainage pond on the south is to New
20 Market store. She suggested that the New Market building be demolished. There could then be
21 more parking and a larger pond could be built there. Mr. Cavanaugh reported that this was not
22 economically feasible.
23 Mary McCrossan, St. Anthony resident, asked if a compromise would even be possible with the
24 petition in place. She suggested that the first step may be to remove the petition.
25 Mr. Haik stated that the petition does not need to be removed so that the entities involved can
26 talk. They can sit down and talk at any time.
27 William Soth, City Attorney, responded that it is possible for the parties to get together and talk
28 but that Rice Creek Watershed District has elected not to do this. He suggested that the
29 Watershed District would very much like to see the City, Apache Plaza and the residents present
30 a compromise. The Watershed is being forced to make a very difficult decision in this situation.
31 An unidentified resident asked how many people had signed the petition.
32 Commissioner Faust reported that there are 53 homes on the lake, a church and the Salvation
33 Army Camp. Only 23 of the households on the lake signed the petition.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 25
1 Commissioner Makowske asked if the money were available, what kind of an improvement
2 could be obtained.
3 Mr. Palmer reported that Barr Engineer ran a water-quality model on the lake for the conditions.
4 as designed and the maximum amount of ponding which is approximately eight times the
5 proposed pondage. If eight times the pond volume were installed, it would cost another
6 $300,000 and would only remove an additional 2%of total phosphorous load to the lake.
7 Diane Schroeder, St.Anthony resident, asked if 35 people can stop this project, what can the rest
8 of us who are in support of the project do.
9 Chair Gondorchin stated that the community has demonstrated it's support.=for-this project. He
10 stated that it is time for the homeowners.on the lake to think again and look at what they are
11 doing to the.community. He stated his opinion that if this project does not go through, we will
12 not only have a dying lake but also a dying community.
13 Commissioner Bergstrom suggested that supportive community members contact Greg Downing
14 at the EQB and express their opinions on this matter.
Richard Gueslind, St. Anthony resident, asked if it would be possible for the Council to get
06 together and issue a petition for the Home Owners Association to drop their petition.
17 City Attorney Soth stated that this could be done but there is no provision in the law for that
18 being given any effect. He reiterated that the residents have demonstrated their support for this
19 project at the meeting tonight.
20 An unidentified resident stated that with Apache the way it exists, we have 20%of our run-off
21 going into Silver Lake and with this project it will be reduced to 5%which is a 75% reduction.
22 If the project does not go through there will be a 0%reduction. Why risk this, to get a 2%
23 improvement which is not economically feasible. He feels the homeowners on Silver Lake are
24 taking a great risk by jeopardizing this project.
25 Chair Gondorchin stated that he sees nothing but solid support of the project in terms of the
26 development. He stated it is a very good demonstration to the representatives from CUB Foods
27 and Knox Lumber. He extended thanks to the citizens,organizations, and business community
28 of St. Anthony for endorsing this development. He thanked Jerry Narlock and the other CUB
29 representatives for their time,patience, and presentations. He also thanked Richard Hehr,
30 representing Knox/Payless Cashway, who is bringing a new concept to this area. He also
31 thanked the individuals who brought their concerns here tonight, as these concerns do need to be
32 heard.
0 Commissioner Bergstrom stated that he will obtain the telephone number for Greg Downing at
34 the EQB and leave it with the City staff tomorrow for anyone who is interested in calling.
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 26
1 VII. ADJOURNMENT.
2 Motion by Commissioner Makowske, second by Commissioner Thompson to adjourn the
3 meeting at 9:55 P.M.
4 Motion carried unanimously.
5 Respectfully submitted,
6 Lorri Kopischke
7 TimeSaver Off Site Secretarial
STAFF REPORT
DATE: January 18, 1995
TO: Planning Commissioners
FROM: Kim Moore-Sykes, Management Assistant
ITEM: LOT SPLIT REQUEST - 3125 CROFT DRIVE
The owner of 3125 Croft Drive is requesting this lot to be split into two (2) R-1 lots
(Single Family Residential). The City ordinance requires that an R-1 interior lot have a
frontage of 75 feet and a minimum total lot size of 9,000 square feet.
Lot A will be formed by the proposed lot split and will have a total lot size of 19,206
square feet with an access off of Old Highway 8. This split lot will meet all the code
requirements for the construction of an R-1, Single Family Residential home.
Lot B (3125 Croft Drive) is situated on a cul de sac and has a frontage of 58.44 feet.- The
• existing home was built in 1975 and was in existence on 8/2/76 as stipulated in Chapter 16.
The front footage is consistent with lots built on cul de sacs throughout the City at that
time. In addition, Lot B as proposed, would meet the 9,000 square foot lot size -
requirement.
As you will see by the plat map attached, Lot B by ordinance is considered non-
conforming because it does not meet the 75 feet frontage as required by City Ordinance.
However, Lot B is grandfathered in and allowed under subsection 1600.03 of the City
Ordinance, Chapter 16, which states as long as the non-conforming use was in existence on
8/2/76 and continues to lawfully exist, it will be allowed to continue in the same manner
subject to the provisions of the Zoning and Land Use Ordinance.
On the revised plat map, dated January 8, 1995, the surveyor has denoted how the flow of
water will drain from the property once the house is built. The owner of the property
indicated to me that the house will be approximately 40' x 60' and the placement of the
house on the lot is approximately as situated on the plat map. She said that it may be
adjusted slightly and she was reminded that she will need to provide us with a new
certified plat map if adjustments are made to the situation of the house.
Date: November 14 . 1994
• Fee: $150.00
CITY OF ST. ANTHONY
APPLICATION FOR SUBDIVISION/PLAT APPROVAL
Applicant: Advanced Design Inc . Phone: 782-0614
Address: 3206 Old Hwy 8 N . E . St Anthony , MN 55418
Status of Applicant (Owner, Buyer, Renter, Agent, etc.): Buyer/own r
Present Legal Description of Property to be Affected:
Lot 4 , Block 3 , St .Anthony ,Sky Croft Manor Addition
Proposed Legal Description of Property to be Affected: `
• See Attached Survey
Street Address: 3125 Croft Dr . St Anthony MN ;c;Q1 R
Zoning,District in Which Property is Located: R-1
Specify Any Necessary Easements: No easements necessary a t this time ,
a Area of the Plat/Subdivision:
. Number of Parcels: : two
la ..
Attach a copy of the proposed plat showing the proposed name of the plat, the location
within the City, the names of the present owners, the scale, the date of preparation, the
northpoint, surrounding property, all public utilities and easements and other such
necessary information or documentation as is requested by the City Manager or the
CD
0
subdivision/platting ordinance.
0
CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing
on Monday, January 23, 1995 at 7:05 P.M. in the Council Chambers of the City
Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:
Applicant: Advanced Design
• Property Address: 3125 Croft Drive
Proposal: Lot split into two parcels.
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to.the City
Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours
in advance. Please call the City Clerk at 789-8881 to make arrangements.
Michael Mornson
City Manager
Publish: January 11, 1995
Affibauit of Publication
likttte of Minnesota
ss.
C9ountg of &inseg
N Theodore Li 1 1 i p being duly sworn, on oath says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as St Anthony Bulletin and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as
a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws. as amended. ,
(B) The printed Notice of Public Hearing
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on Wednesday- the
11th day of Jan. 199-L-, and was thereafter printed and published on every
to and including , the day of , 19 ; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the •
notice:
'abodefghijklmnopgrstuvwxyz BY:
TITLE:
Subscribed and sworn to before me on T, � D.
this 12th d o an. IL 9 9`�
V.
Notary P IiC • . . . . . . . . . .•,,.�.,�
`Alphabet should be in the same size and kind of type as the notice.
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . .$14.10 per col. inch
(2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . .$8.69 per col. inch
(3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . .$ per col. inch
1/95
Robert L. Johnson Executive Manor Condo Assoc. John Lenz
701 Decatur Ave. N., #107 3155 Old Hwy. 8, x/111 3253 Highway 8
Golden Valley, MN 55427 St. Anthony, MN 55418
1055 Old Hwy. 8
Owner Carl Branger Richard Scovil
3261 Old Highway 8 3604-33rd Avenue N.E. 3608-33rd Avenue N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Joseph Gibson J. L. Wojtas David McElwain
3612-33rd Avenue N.E. 3600-33rd Avenue N.E. 3105 Croft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Casy & Erin O'Brien Norman Wente Allan Andrews
3109 Croft Drive 3113 Croft Drive 3117 Croft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Margaret Osborne Bradford Holt Walter Wysopal
3121 Croft Drive 3129 Croft Drive 3104 Croft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Jo Hasslin er Gregory Granrud John Sitzman
g. g ry
3108 Croft Drive 3112 Croft Drive 3200 Croft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Phillip Oswald Donald Anderson Shirley Hambrick
3204 Croft Drive 3208 Croft Drive 3201 Croft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Stephen Johnson Jeffrey Schremp Frank Cummings
3205 Croft Drive 3209 Croft Drive 3213 Croft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Pearl Joseph Donald Kronk Roy & Lorraine Schmidt
3217 Croft Drive 3221 Croft Drive 3256 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Atopher Larson Gordon& Dianne Anderson Richard & Susan Craig
Old Highway 8 3252 Old Highway 8 3250 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Virginia Becker Norman & Virginia Arne, Jr. Village Townhomes Assoc.
3248 Old Highway 8 3246 Old Highway 8 408 Butler N.
St. Anthony, MN 55418 St. Anthony, MN 55418 510 - 1st Avenue N.
Minneapolis, MN 55403
Barbara Westrum Mark Losinski Debra Johnston
3232 Old Hig;hway 8 Cathy Bellmore 3236 Old Highway 8
St. Anthony, MN 55418 3234 Old Highway 8 St. Anthony, MN 55418
St. Anthony, MN 55418
Peter & Bonita Holden Lynn & Nancy Rood Arne & Audrey Sorlien
3238 Old Highway 8 3240 Old Highway 8 3242 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Robert & Edna Tonkin Susan Oslund Wayne & Anna Westwood
3244 Old Highway 8 3210 Old Highway 8 3208 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
M. Gwendolyn Nebelung Debra Denz Patricia Berg
3206 Old Highway 8 3204 Old Highway 8 3202 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
- - - - - . _. _.........
. . - - - - -._...- -•
F. Codner Linda Neary Jane Honigman
I. Mattson 3230 Old Highway 8 3228 Old Highway 8
3200 Old Highway 8 St. Anthony, MN 55418 St. Anthony, MN 55418
St. Anthony, MN 55418
Margaret Regnier Linda Abelson Sharon Frick
3226 Old Highway 8 3224 Old Highway 8 3222 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Bernadette Palcich William& Meldys Tamm J. M. & D. Bennett-Leet
3220 Old Highway 8 3218 Old Highway 8 3216 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418 . St. Anthony, MN 55418
Marie Borges Nancy Carlson
3214 Old Highway 8 3212 Old Highway 8
St. Anthony, MN 55418 St. Anthony, MN 55418
. ain thou
illa eC
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
December 13, 1994
Advanced Design
3206 Old Highway 8
St. Anthony, MN 55418
Dear Ms. Kahn:
Your request for a lot split has been received and will be submitted to the Planning Commis-
sion on Monday, January 23, 1995 at 7:05 P.M. or as soon thereafter as possible.
Your presence or that of a representative is required at that meeting. The Planning
Commission will then make their recommendation to the City Council, who will make the
final decision on your application.
If you or a representative are not present at the Planning Commission meeting on the above
date, the policy of the Planning Commission is to automatically table the request.
Sinc rely,
ti
Michael Mornson
City Manager
• Enclosure: Notice of Hearing
D013SEY & WHITNEY
• A Pwa ansHIF IwcLL'Diso Peo Bwx�L CORro "s
NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN
WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS
MINNEAPOLIS, MINNESOTA 55402-1498
DENVER (612) 340-2600 GREAT FALLS
FAX(612 340-2868
ORANGE COUNTY, CA MISSOULA
LONDON DES MOINES
W1111"R.SOTH
BRUSSELS (612)340.2969 FA R G O
January 17, 1995
Via FAX & Mail
Planning Commission
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Division of Lot 4, Block 3, St. Anthony Sky Croft Manor Addition
Dear Members of the Planning Commission:
I have reviewed the proposed division of Lot 4, Block 3, St. Anthony Sky
Croft Manor Addition, and have the following comments:
1. Lot Size. This property is in the R-1 District, which requires interior
lots to have an area of at least 9,000 square feet, and which requires corner lots to
have an area of at least 11,000 square feet . Parcel A is 19,206 square feet, and Parcel B
is 9,020 square feet. Section 1500.05, Subd. 4 (2)(b) requires 110 feet in average depth.
2. Access. Parcel B has access to 32nd Avenue N.E. The only access
available to Parcel A is U.S. Highway No. 8.
3. Frontage. The required frontage in the R-1 District is 75 feet. Parcel A
appears to have in excess of that amount. Parcel B has less than the required
amount, but it is an existing platted frontage on a cul-de-sac.
4. Setbacks. The minimum front setback- is 30 feet, and the minimum
side setbacks must total 15 feet with a minimum of.5 feet on each side. The rear
setback is the greater of 20% of the depth of the parcel or 25 feet. These are not
shown on the survey. Parcel A appears to have an existing garage which may not
meet setback requirements. The required setbacks.should be shown.for both Parcels.
The existing building on Parcel B is closer than 30 feet to the front lot line, but this
would be permitted as an existing nonconforming use.
DORSEY 8C WHITNEY
s
Planning Commission January 17, 1995
Page 2
5. Sewer. The location of the sewer is not shown on the survey. Each
parcel must have its own separate sewer connection.
6. Easements. Under Section 1500.05, Subd. 2, easements must be
provided for utilities and drainage where necessary. These must be at least 10 feet
wide for utilities and must have continuity of alignment with existing easements.
Unless there are existing easements meeting these requirements, this means that
the property should either be platted with the easements being dedicated in the plat,
or descriptions of the easements should be provided so that a easement document
in favor of the City can be executed by the owner and recorded.
7. Subdivision without Platting. The City can waive the requirement for
a plat in this case if it is determined that the division meets the requirements of
Section 1500.8 of the Code. If this is Torrens property, the County may require a plat
even though the City is willing to waive the requirement.
8. Title. If the requirement of a plat is not waived, or if any easements are
required, we must be provided with evidence of title to this property, either in the
form of a copy of a reasonably current title insurance policy or a title opinion from
the owner's attorney.
9. City Expenses. The plat or final resolution approving the division
should not be signed by the City and delivered to the owner until all fees, including
the City's engineering fees and legal fees, are paid.
If you have any further questions on this, please let me know.
Very truly yours,
! V
611liam R. Soth
Dorsey & Whitney P.L.L.P.
WRS:gle
Dorsey & Whitney P.L.L.P. is a Professional
Limited Liability Partnership
LOT SURVEYS COMPANY, INC. INVOICE N0.38978
ADVANCE DESIGN LAND SURVEYORS F.B.NO. 685-06
SCALE 1'• 40
REGISTERED UNDER LAWS OF STATE OF ML'4NESOTA 0—DENOTES IRON
7601.73rd Avenue North 5603093
Proposed Division of Lot 4, Block 3 Minneapolia,hinnesota55428
St. Anthony Sky Croft Manor Addition M .s-
Number of proposed parcels - 2 Owurylars Terfirwi t
Total Area - 28.227 Sq. Ft.
9ra"1.
Parcel 'A' (19,206 Sq. Ft.) �,�•e� i4q. 9'
That part of Lot 4. Block 3, St. Anthony Sky Croft
9: �4.ftiv.wa ovutitco i
Manor Addition lying northeasterly of a line drawn � \Q,e.�' ., � e;•, r_ ( ,
from a point on the southerly line of said Lot 4 ' �` 4 �� OD
distant 90.00 feet northeasterly along said f , EWptr t2 ��
southerly line from the most southerly corner of
said Lot-4 to a point on the northwesterly line of
said Lot 4 distant 121.50 feet northeasterly along
said northwesterly line from the most westerly ✓ ; n.aa�'PA,
�• � 5 . /
corner of said Lot 4. � r ��y �•• =�'�
/�� i •w54 ZIP
Parcel 'B' (9.020 Sq. Ft.) y0 P°r 'o�,as"
That part of Lot 4, Block 3, St. Anthony Sky Croft �ti A4 y tJr
Manor Addition lying southwesterly of a line drawn
from a point on the southerly line of said Lot 4
distant 90.00 feet northeasterly along said �1 1vo (%
southerly line from the most southerly corner
of said Lot 4 to a point on the northwesterly r LS` a �'�� "'�a. •9�t�
!/ A•o+�� pre.�eeo �.. f'x O 9tdi.l �� / !`9Sl.rl
line of said Lot 4 distant 121.50 feet /. 2 o.�•_ 'b `,
northeasterly along said northwesterly line. s�o low,•
from the most westerly corner of said c,03c
Lot 4.
`�•.�,,,1" p ,,�,, -sue/'��
moo.
Denotes proposed drainage yti. J` apt
eaoo Denotes proposed elevation
000- Denotes existing elevation
• I
Lot 4, Block 3, ST. ANTHONY SKY CROFT MANOR ADDITION
The only easements shown arm from plats of record or Information provided by
client
1Ne hereby certify that this Is a true and correct representation of a survey of the
boundaries of the above described land and the location of all buildings and via•
We encroachments,If an from or on said land. _
S-WWbyusthis 10th day of Novenber 19 94 Siped
y 'FzEJtSe 0 J4J0L¢( 6M , tee_:; Rrymond A.Presch,Minn.Reg No.6743
DOWNERS DRIVE
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N.E. COUNTY ROAD 'C' `'
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1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 22, 1994
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 6:00 P.M. followed by the Pledge of Allegiance led by Mayor.
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
9 Also Present: Michael Morrison, City Manager; William Soth;City Attorney; and Larry Hamer,
10 Public Works Director.
11 III. APPROVAL OF NOVEMBER 22, 1994 COUNCIL AGENDA.
12 Motion by Marks, second by Enrooth to approve the November 22, 1994 Council Agenda with
13 the following changes:
14 Under IX.NEW BUSINESS, add E. Consideration of Proposed Plan for Schematic Design of
15 Community Center.
16 Under VI. PRESENTATION OF CLAIMS, E. Dorsey& Whitney, replace "$904.05" with
17 1973.12".
0 Motion carried unanimously.
19 IV. APPROVAL OF OCTOBER 25, 1994 COUNCIL MINUTES.
20 Motion by Marks, second by Fleming to approve the October 25, 1994 Council minutes as
21 presented.
22 Motion carried unanimously.,
23 V. LICENSES/PERMITS/PETITIONS.
24 Motion by Marks, second by Wagner to approve the following licenses:
25 Motor Vehicle Starting License
26 Sroga's Automotive Services, Inc.
27 Contractors License
28 Lowry Hill Construction Company, Plymouth, MN
29 Motion carried unanimously.
30 VI. PRESENTATION OF CLAIMS.
31 Motion by Marks, second by Wagner to approve the following claims with the following
changes:
33 Under E. Dorsey& Whitney replace "$904.05" with 1973.12".
City Council Regular Meeting Minutes
November 22, 1994
Page 2
1 A. Norsk Construction. Inc., in the amount of$5,280.00 for removal and replacement of 10
2 curb cuts and handicap ramps.
3 B. Midwest Asphalt. Inc.. in the amount of$11,995.19 for 1994 Street and Watermain
4 Improvements, RCM Project No. 10223.02.
5 C. Braun Intertec. in the amount of$2150.00 for professional services rendered through
6 October 7, 1994, Geotechnical Evaluation 1995 Proposed Street Reconstruction.
7 D. Rieke Carroll Muller Associates. Inc., in the amount of$13,001.44 for professional
8 services rendered from October 2, 1994 to October 29, 1994, 1995 Street Reconstruction
9 Design.
10 E. Dorsey& Whitney, in the amount of$973.12 for professional services rendered through
11 September 30, 1994.
12 F. 6 pages of Verified Claims as presented by the Finance Director.
13 Motion carried unanimously.
14 VII. REPORTS.
15 A. Planning Commission-November 15, 1994,
16 1. Happy's Potato Chips 3900 Chandler Drive - Outside Storage •
17 Commissioner Franzese was present representing the Planning Commission. Franzese
18 reported that the Planning Commission had unanimously recommended the City Council
19 approve the addition of outside storage at Happy's Potato Chips, 3900 Chandler Drive.
20 In response to Marks, City Manager stated that there is no public hearing required for the
21 request. The tanks are considered outside storage sheds and according to the light
22 industrial ordinance where Happy's is located, storage sheds that do not exceed one story
23 in height have to be approved by the Council and also have to be recommended by the
24 Planning Commission.
25 Motion by Marks, second by Fleming to approve.outside storage, six storage tanks, at
26 Happy's Potato Chips, 3900 Chandler Drive,as requested.
27 Motion carried unanimously
28 2. Thomas and Diane Schroeder. 3929 Fordham Drive request for:
29 a. Lot Coverage Variance,
30 Commissioner Franzese reported that the Planning Commission had unanimously
31 recommended City Council not grant a lot coverage variance for the property at 3929
32 Fordham Drive in that the hardships were not sufficient to grant a variance. •
City Council Regular Meeting Minutes
November 22, 1994
• Page 3
1 Franzese explained that the lot did not meet all four criteria for granting a variance in a
2 hardship case. She listed the four criteria necessary as follows: 1. The property cannot
3 be put to a reasonable use without the variance. 2. The circumstances causing the
4 hardship were not created by the owner. 3. The variance, if granted, will not alter the
5 essential character of the locality. 4. Economic considerations alone are not the basis of
6 the hardship. The Planning Commission noted that the lot was of substandard size. This
7 could meet the first requirement but the items related to the other three criteria involve
8 the owner and not the property.
9 Harry Schroeder, Tom Schroeder's father spoke on behalf of the applicants. He stated
10 that he was the architect that designed the proposed home that the Schroeder's would like
11 to build on the lot. He reported that the existing house was built in 1952. In 1963, the lot
12 was subdivided. The City Ordinance regarding lot coverage was not in place at that time.
13 The Schroeders purchased the house in 1991. He provided an overhead of a sketch of a
14 hypothetical house design which would fit on this lot and adhere to the existing lot
15 coverage ordinance. The house could only be 975 square foot, allowing for a double
16 garage and driveway,to fit within the lot coverage ordinance. He stated this would not be
17 practical as the house would have no resale value. For this reason, the variance is
18 creating a special extraordinary circumstance. He stated that at this time,the approximate
value of the property is $60,000 with the lot being $20,000. If the scheduled plan is
49 implemented, the Schroeders would lose $40,000 due to the demolition. He stated that
21 the Schroeders have approached the owner of the land directly south,north, and east of
22 their lot but they have not been successful in purchasing any of this land. He stated that
23 the neighbors in the area,are enthusiastic about the Schroeders project. Referring to the
24 four criteria necessary to grant the variances, he stated that they were met as follows: 1.
25 The property cannot be put to reasonable use because a 975 square foot house would not
26 be appropriate to St. Anthony and would not have a resale value, as such. 2. The
27 hardship was not created by the owner, as it was created when the land was subdivided 30
28 years ago. 3. The variance will not alter the essential character of the locality. 4. The
29 Schroeders in demolishing their existing home will experience a monetary loss, rather
30 than a monetary gain, so economic considerations are not the basis of the hardship.
31 Mr. Botnick,the owner of the property south, north and east of the Schroeder lot, stated
32 that he has been negotiating with Bill Nygard regarding a proposed construction
33 development on his land and Nygard is interested in the project. Mr. Reed, another
34 adjacent property owner had expressed interest in selling his house and the land behind.
35 He stated if Mr. Reed were to do this, Mr. Nygard could then buy both lots, demolish the
36 homes, and split the lots in two, selling a larger lot to the Schroeders. He felt this would
37 be a better solution for all involved but he has not yet received a commitment from Mr.
38 Reed or Mr. Nygard.
•
City Council Regular Meeting Minutes
November 22, 1994
Page 4 .
1 Harry Schroeder stated that the Schroeders needed to make a decision and start
2 construction by Spring of 1995. They cannot wait without some type of guarantee. He
3 stated that they would not be satisfied unless they had a closed purchase agreement on a
4 specific piece of property within 30 days.
5 Mayor Ranallo asked Mr. Botnick if there was a possibility that the Reed property would
6 be available within the next 30-60 days.
7 Botnick reported that Mr. Reed was unsure if he wanted to sell. He was looking for a
8 place to relocate that would suit his needs.
9 Ranallo expressed that he would like to see the Schroeders reconstruct their house and
10 remain in St. Anthony.
11 Fleming asked if it was possible that there could be an agreement reached within 30 days.
12 She stated that the variance process had been created to benefit the City of St. Anthony
13 not to stop something that will improve the city. She feels the Schroeders are going to
14 improve the city with their project.
15 City Attorney Soth stated that one problem with the granting of this variance is it would •
16 set a precedence. The variance does not leave the city flexibility in these cases. The
17 variance would have to be in accordance with the criteria set up by State Statutes. It
18 would need to be shown that the property cannot be put to reasonable use by this owner
19 or any owner, without the variance being granted. The criteria must relate to the property
20 and not to the owner.
21 Diane Schroeder stated that they have been negotiating with Mr. Botnick for 3 years. She
22 reported that they have been waiting for a long time and nothing has happened. A 974
23 square foot house could not be made accessible for her being confined to a wheelchair as
24 it would have to be more than one level. She feels this is discriminatory, as the lot cannot
25 be put to reasonable use without the granting of the variance.
26 Mr. Kirk Larson, 3509 Maplewood Drive, spoke on behalf of the Schroeders. He was in
27 attendance at the Planning Commission last week when the variance was recommended
28 for denial and the Schroeders were told their only choice was to go before the Council.
29 He feels that granting the variance would make sense for the community and for the
30 people involved. The only precedence that would be set, is to grant a lot ordinance
31 variance for a lot that is less than normal size. He feels that this would be a reasonable
32 precedence to set. He stated that it would send a message to the people,that the City of
33 St. Anthony is flexible and concerned about the people who live there. He feels the right
34 thing to do is grant the variance for the Schroeders. •
City Council Regular Meeting Minutes
November 22, 1994
Page 5
1 Motion by Enrooth, second by Marks to table consideration of a lot coverage variance for
2 the property at 3929 Fordham Drive for 3 weeks, until the next City Council Meeting, so
3 the parties can come together and determine a solution.
4 Vote on the motion:
5 Aye: Enrooth, Marks, Ranallo, Wagner
6 Nay: Fleming
7 Motion carried.
8 Ranallo directed the Schroeders to meet with City Manager Mornson and Larry Hamer to
9 determine what solutions were available to them for this situation.
10 3. Apache/CUB Foods/Knox Lumber.
11 a. - Drainage Plan for Apache Plaza,
12 Mayor Ranallo reported that a petition was received from the Silver Lake
13 Homeowners Association requesting the Environmental Quality Board, (EQB ),
determine if an Environmental Assessment Worksheet(EAW) was necessary.
Since last weeks Planning Commission meeting,the City has received a phone
16 call from the EQB designating the City as the Responsible Agency for
17 determining if an EAW is necessary. The Silver Lake Homeowners Association
18 has elected six people to a board which will meet with the City and the
19 Developers. Ranallo met with this board and they presented him with a list of
20 - eleven items that they would like resolved. This list has been forwarded to the
21 city staff and developers. The items are as follows:
22 1. St. Anthony Village agrees to draft and introduce ordinance in the spring of
23 1995 or before that would eliminate the use of phosphorous from lawn
24 treatment in the Silver Lake Watershed. They would encourage Columbia
25 Heights and New Brighton to adopt a similar ordinance.
26 2. Removal of snow prior to snow melt to ponding area or to alternate location
27 outside Silver Lake Watershed( City Ordinance or special use permit).
28 3. Monthly sweepings of parking lot during the rainy season. Daily inspection
29 maintenance,pick up waste material and clear weir after rainfalls) of the
30 parking lot.
31 4. Study and work towards implementation of low flow diversion at Silver Lake
32 and Silver Lake Road. Study and work to be funded by storm water fund if
33 RCWD will not fund.
34 5. Reactivate or resubmit petition for study of Silver Lake. Share funding with
�5 RCWD and surrounding governmental units.
City Council Regular Meeting Minutes
November 22, 1994
Page 6 •
1 6. Construct swale along Silver Lake Road as engineered by RCWD. Future
2 development to meet RCWD water management standard.
3 7. Pond #1 Many alternatives not examined including, but not limited to,
4 passive use of RR right away, swale connection with pond #2, adaptive use
5 of parking lot for storm water storage, etc. Please propose increased ponding
6 capacity approaching NURP Standards (meet a 1" pond standard between
7 Pond#1 and Pond#2 ). Additional development other than increase by CUB
8 to 88,000 square feet in this watershed will require ponding to RCWD
9 standards. ( The passive use of RR right away gets us closer to NURP
10 standards).
11 8. Pond #3. Construct a pond that meets a 2" standard.
12 9. Maintain all ponds when 25% full or sooner.
13 10. Silver Lake Homeowners will construct a demonstration shoreline
14 management project on Silver Lake and encourage all residents, the Silver
15 Lake Salvation Army Camp and the City of Columbia Heights to participate
16 and adopt Best Management Practices.
17 11. St. Anthony Village will encourage Hardee's, Goodyear and the new muffler
18 shop to design their storm water run off to flow thru weir prior to entering the
19 Silver Lake storm sewer and to use BMP where feasible (especially when the
20 city is granting a permit). 0
21 Ranallo reported that the city staff and developers have been studying these items
22 to see which items are acceptable by all parties. The petition is still in place. He
23 reported that there had been a meeting scheduled between the involved parties but
24 it was cancelled when the list of 11 items was received as there was not enough
25 time for all of the parties to investigate the items properly. Another meeting has
26 not been set at this time. He reported of a meeting held last Thursday. City staff,
27 City Manager Mornson, Mayor Ranallo, Rice Creek Watershed District, their
28 directors and two attorneys, and Mr. Cavanaugh and his attorney were in
29 attendance. This meeting was to resolve issues and ask the Watershed District to
30 fund some of the items. Rice Creek Watershed staff did not recommend that the
31 Watershed do so.
32 Ronny Bergquist, owner of the Bookstore at Apache Plaza asked what type of a
33 delay this petition and resulting action could impose on the project.
34 Mayor Ranallo stated that it could take up to 90 days and cost$40,000 to $50,000,
35 if the city is required to do the EAW. He stated that the city does have the right to
36 deny the petition at the recommendation of the City Attorney. The City Attorney
37 and C. G. Rein are looking into this possibility.
City Council Regular Meeting Minutes
November 22, 1994
• Page 7
1 City Attorney Soth reported that he needed to receive the appropriate paperwork
2 from the Engineering Attorney of Apache Plaza. If Apache does not require the
3 EAW, they need to show evidence of this.
4 Marks expressed that the city as a whole wants the.project. He stated that it
5 would greatly improve not only the community,but also the city taxes, and the
6 school district. He feels that the school district and Apache Plaza are the two
7 anchors in St. Anthony. The referendum for the school district was not passed
8 and Apache Plaza is failing. He stated that the project was not only necessary for
9 financial reasons,but also for environmental reasons. He stated that the holding
10 ponds have always been an important part of the development but that there also
11 must be balance. The Tax Increment Funding has been found and the City
12 Ordinances have been met. He wondered how far the city had to go to get the
13 project. He stated'that the City of St. Anthony needs to get this project.
14 Ranallo reported that the Rice Creek Watershed meets tomorrow night but they
15 have to table the discussion regarding this issue, as they will not have all the
16 necessary information before them. There is a special city council meeting
17 scheduled for November 29 at 6:30 P.M. to discuss the EAW. The Rice Creek
Watershed District will then meet on November 30th to discuss the issues.
19 Fleming stated that the city has to all pull together for this project. She
20 questioned how the city can all pull together now if there is a petition filed that is
21 stopping the project.
22 Wagner stated that the city has demonstrated their interest in cleaning up Silver
23 Lake even before there was a proposed addition of CUB Foods and Knox at
24 Apache Plaza. They have now committed Tax Increment Financing in the amount
25 of$250,000. He feels the city is making a huge effort in this project.
26 Ranallo reported that they will be the special council meeting November
27 29th and asking the city attorney to get all the necessary information by that date.
28 The city will try to work with the people who live on Silver Lake,to get the
29 petition withdrawn and if this is not possible,they will be forced to go the legal
30 route. He reported that only 23 of the 50 households, who live on the lake signed
31 the petition.
32 City Attorney Soth stated that the 11 points submitted by the Silver Lake
33 Homeowners Association were not all directly involved with the Apache
34 Plaza development project. He stated that the project should not be held
hostage to the issues that were not directly related to it. The only items
City Council Regular Meeting Minutes
November 22, 1994
Page 8 •
1 that should be affecting this project are the items directly related to the
2 project.
3 City Council consensus was reached to review this item, drainage plan for Apache
4 Plaza, until November 29, 1994 at the Special Council Meeting.
5 b. Apache C. G. Rein Company ) Request for Subdivision Approval for CUB
6 Foods and Knox Lumber.
7 Commissioner Franzese reported that the Planning Commission had unanimously
8 recommended that the Council approve'the lot split as presented by Dennis
9 Cavanaugh, C.G. Rein Co., into 4 sections with Payless Cashways/Knox Lumber
10 on the north end, including a portion of the current Apache Plaza Mall, the section
I 1 with First Bank, the main section of what will remain of the mall, and the
12 southern section which is the SuperValu/CUB Foods, based on a title review by
13 the City Attorney, as well as any easements that may be necessary for the platting
14 process which will be taken care of with the City Council.
15 City Attorney Soth asked that two additional points be included in the motion.
16 One being that it be subject to reviewal of title easements and the plat subject to a
17 satisfactory reviewal of these items. The second being that due to the petition of •
18 the EAW, no permit for construction for any part of the project will be issued,the
19 project will not have final approval, and the project will not be commenced, until
20 the requirements of Minnesota Statues, Section I I6D.04, Subd. 2b have been met.
21 Motion by Marks, second by Enrooth to approve the lot split as presented by
22 Dennis Cavanaugh, C.G. Rein Co., into four sections with Payless Cashways/
23 Knox Lumber on the north end and including a portion of the current Apache
24 Plaza Mall,the section with First Bank,the main section of what will remain of
25 the mall,and the southern section which is the SuperValu/CUB Foods,based on
26 a review of title easements by the City Attorney and the plat subject to a
27 satisfactory reviewal of these items and that no permit for construction for any
28 - part of the project will be issued,.the project will not have final approval,-and the
29 project will not be commenced,until the requirements of Minnesota Statutes,
30 Section 116D.04, Subd. 2b have been met.
31 Motion carried unanimously.
32 c. CUB Foods Variance Request.
33 Commissioner Franzese reported that the Planning Commission has unanimously
34 recommended that Council approve the setback variances for the CUB
35 redevelopment, specifically the 15 foot setback variance on the north end of the •
36 CUB property. The hardships were found for the following reasons: 1. With the
37 60 foot Uniform Building Code normal separation, the property cannot be put to
City Council Regular Meeting Minutes
November 22, 1994
Page 9
1 reasonable use without this variance. 2. The circumstances are not created by the
2 owner of the property. 3. This will not alter the essential character of the locality.
3 4. Economic considerations alone are not the basis of the hardship. Also this
4 variance will improve the traffic flow as traffic will go around the buildings rather
5 than in between.
6 Motion by Marks, second by Wagner to approve the setback variances for CUB
7 redevelopment, specifically the 15 foot setback variance on the north end of the
8 CUB property based on a review of title easements by the City Attorney and the
9 plat subject to a satisfactory reviewal of items and that no permit for construction
10 for any part of the project will be issued, the project will not have final approval,
11 and the project will not be commenced, until the requirements of the Minnesota
12 Statutes, Section 116D.04, Subd. 2b have been met.
13 Motion carried unanimously.
14
15 d. Knox Lumber Conditional Use Request,
16 Franzese reported that the Planning Commission unanimously recommended that
17 the Council approve the conditional use permit for Knox Lumber conditioned that
all lumber products will be under roofs, the 15 foot block wall with screening be
provided, and there will be lighting on the outside of the structures directed
20 downward.
21 Motion by Marks, second by Fleming to approve the conditional use permit for
22 Knox Lumber conditioned that all lumber products be under roofs, the 15 foot
23 block wall with screening be provided, and there will be lighting on the outside of
24 the structures directed downward, and that no permit for construction for any part
25 of the project will be issued, the project will not have final approval, and the
26 project will not be commenced,until the requirements of the Minnesota Statutes,
27 Section 116D.04, Subd. 2b have been met.
28 Motion carried unanimously,
29 e. Knox Lumber Variance Request,
30 Motion by Wagner, second by Marks to approve the setback variances for the
31 Knox redevelopment, specifically the 15 foot setback variance on the south
32 portion of the Knox property based on a review of title easements by the City
33 Attorney and the plat subject to a satisfactory reviewal of items, and no permit for
34 construction for any part of the project will be issued,the project will not have
35 final approval, and the project will not be commenced, until the requirements of
the Minnesota Statutes, Section 116D.04, Subd. 2b have been met.
37 Motion carried unanimously,
City Council Regular Meeting Minutes
November 22, 1994
Page 10 •
1 f. Comprehensive Sig_na eg f`or Apache Plaza.
2 Commissioner Franzese reported that the Planning Commission expressed
3 unanimous approval of the comprehensive sign package presented by Dennis
4 Cavanaugh, C. G. Rein Co., for Apache Plaza.
5 Dennis Cavanaugh, C. G. Rein Co., reported that the existing pylon sign for
6 Apache Plaza was erected in 1961. Since two new stores are moving into the
7 mall, it is time to update the pylon sign. He presented an exhibit of the proposed
8 pylon sign. The proposed sign will be 414 square feet per side. The height will
9 be 42 feet and the width 16 feet. The existing pylon sign is 440 square feet. The
10 pylon sign will include Apache Plaza, CUB Foods, Knox Lumber, Herbergers,
11 SAV Liquor and a vacant space. The sign is constructed of steel and wrapped
12 aluminum. The faces are constructed of Lexon and plastic and the names will be
13 painted on the face. CUB Food Store is also proposing a monument sign at the
14 south entrance of the center, from Silver Lake Road.. This sign will be 15 feet
15 long and 12 feet wide. Herbergers is proposing a monument sign at the north
16 entrance of the center. Apache Plaza is anticipating development of a fast food
17 restaurant to the north of Tites Plus and is requesting a future monument sign to
18 the south end of the center, from Silver Lake Road. Knox Lumber is also •
19 requesting a monument sign to the north of Silver Lake Road, towards the middle
20 of the center. This sign will be 8 feet tall and 9 feet wide.
21 Motion by Fleming, second by Marks to approve comprehensive signage package
22 for Apache Plaza as presented by Dennis Cavanaugh, C. G. Rein Co. based on a
23 review of title easements by City Attorney and the plat subject to satisfactory
24 reviewal items and no permit for construction for any part of the project will be
25 issued,the project will not have final approval, and the project will not be
26 commenced until the requirements of Minnesota Statutes, Section 116D.04, Subd.
27 2b have been met.
28
29 Motion carried unanimously.
30 In response to Franzese, City Attorney Soth reported that the petition can be
31 withdrawn anytime before it is considered by the City Council. The petition is
32 scheduled to be considered by the City Council in one week, on November 29,
33 1994.
34 Richard Hehr, Real Estate Representative for Payless Cashways, Inc. (Knox),
35 stated that he is excited to be a part of this project. He stated that the new
36 prototype store will set a tone for the redevelopment of Apache Plaza. He
37 reported that the new Knox building design is "user-friendly" and is a project the
38 City of St. Anthony and it's citizens will be proud of.
City Council Regular Meeting Minutes
November 22, 1994
Page 11
1 Bill Mackey, CUB Foods, stated that they look forward to getting the project
2 under construction. He said CUB was pleased with the reception they received at
3 the Planning Commission meeting last week. He feels there is a lot of support in
4 the community for the project. CUB appreciates the support and looks forward to
5 working with St. Anthony.
6 Kim Johnson, 3304 Skycroft Drive, reported that earlier this year, he served on
7 the Economic Redevelopment Task Force Commission. Their mission was to
8 look at undeveloped or underdeveloped areas in St. Anthony. He stated that his
9 initial personal view at the time, was that Apache Plaza would best be suited for
10 residential purposes. He has since changed his.mind. He fully supports the
11 redevelopment project now. He states he is also a member of the school board.
12 Apache Plaza is a major contributor in the school abatement. He supports the
13 City Council and thanked them for their leadership in this project. He stated that
14 he has met with several members of the school board and they are in full support
15 of the CUB Foods and Knox Lumber project. They feel it is best for the city, the
16 school district and the general community.
17 Ranallo stated that the City Council will be working hard next week to get the
petition withdrawn and get the residents on the lake to agree to some other plan.
8 .
To date,the City has obligated$250,000 to improve lake quality by 20% and
20 catch 75-78% of Apache Plaza run-off with the proposed 3 ponds. He reported
21 that this is the maximum monetary amount the City can afford. Until now, all TIF
22 programs have been funded for ten years. This project, due to delays and
23 increased interest rates has been extended to 17 years. If it were allowed to go
24 any further, it would endanger the City. Ranallo assured CUB Foods and Knox
25 that something will be done next week to resolve these issues. He encouraged
26 residents of St. Anthony to talk to the homeowners on Silver Lake and ask them
27 to withdraw the petition. Ranallo commended Commissioner Horst for his article
28 to the editor of the Northeaster and the St. Anthony Bulletin. He stated that it is
29 necessary for all the citizens of St. Anthony to put the benefits of the entire
30 community before the benefits of one person.,
31 Jim Hoska, 3209 31st Avenue N.E., thanked the City Council, City Attorney and
32 Planning Commission for all the work they have done for this project. He
33 encouraged the City Council to get Apache "up and running".
34 B. Mayor,
35 Mayor Ranallo reported that this year is St. Anthony's 50th year anniversary. The first
36 event to be held in celebration of the anniversary will be a prayer service which will be
held on January 17th. All the churches in St. Anthony will be involved in the prayer
service. He hopes that this annual prayer service will continue every year. The second
39 event will be the annual community dance, held at Apache Plaza on February 12th.
City Council Regular Meeting Minutes
November 22, 1994
Page 12
1 There will be events scheduled throughout the entire year and Ranallo encouraged all
2 residents to become involved with the celebration.
3 C. Council.
4 Councilmember Wagner reported his attendance, in place of the Mayor, at the Task Force
5 for Healthy Youth, Healthy Community. He stated that it is a very interesting program
6 but he doesn't believe it is moving forward fast enough. He reported that Shelly Freeman
7 spoke in regards to "Families in Crisis" and that she plans to get involved with this Task
8 Force to help the Task Force to move ahead.
9 Councilmember Marks reported that he received a phone call from long time St. Anthony
10 resident. The resident wasn't able to attend the City Council meeting tonight due to
11 illness, but wished to express his full support for the Apache project.
12 D. City Manager.
13 City Manager Morrison reported that it was time to update the comparable worth form. It
14 is due in December and City Council is to review it in January.
15 VIII. PUBLIC HEARING -None.
16 IX. NEW BUSINESS.
17 A. Ordinance 1994-008. re: Water Rates ( 1 st reading_I
18 Motion by Enrooth, second by Wagner to approve the first reading of Ordinance 1994-008,
19 relating to water rates, amending section 610.02, so as water bills will be computed quarterly
20 based on metered water used at the rate of$.90 per 100 cubic feet or any fraction thereof,
21 commencing January 1, 1995.
22 Motion carried unanimously.
23 B. Ordinance 1994-009, re: Outside Employment of City Employees ( 1 st reading_l.
24 Motion by Wagner, second by Fleming to approve the first reading of Ordinance 1994-009,
25 relating to outside employment, amending section 300.06, subd. 1, so as no employee shall work
26 for more than one City department at a time, except in the case of temporary emergency
27 situations, and as ordered by the Department Heads of the affected City departments, with the
28 only exception being the Public Works employees who are daytime Reserve Firefighters.
29 In response to Marks, Morrison stated that there is a personnel ordinance in place that restricts
30 any City employee to work after hours in related positions.
31 Motion carried unanimously.
City Council Regular Meeting Minutes
November 22, 1994
Page 13
1 C. Resolution 94-056, re: Lease agreement for 2800 Kenzie Terrace.
2 Motion by Marks, second by Wagner to approve Resolution 94-056, Approving the lease
3 between the City of St. Anthony and Kathy Martin and authorizing the Mayor and City Manager
4 to execute said lease on the behalf of the City of St. Anthony.
5 Motion carried unanimously.
6 D. Resolution 94-055, re: Road Maintenance and Traffic Control Signals and Road
7 Maintenance with Ramsey County.
8 Motion by Marks, second by Enrooth to approve Resolution 94-055, Authorizing the Mayor and
9 City Manager to Execute the Agreement between Ramsey County and the City of St. Anthony
10 for Road Maintenance and Traffic Control Signals for the modification of the signal light at 39th
11 and Silver Lake Road.
12
13 Motion carried unanimously.
14 E. Consideration for Proposed Plan for Schematic Design of Community Center.
15 Morrison reported that this was the first step in completing the proposed Community Center. He
presented a proposal submitted by Williams/O'Brien Architects, Inc., which contained a
description of the design and construction document phases as well as the fees and schedules for
18 the professional services associated with them. Morrison asked that the Council approve the
19 proposed schematic design now and then approve the rest of the contract at the December 13th
20 City Council meeting. He explained that the architect could then get started and have the
21 schematics drawn before he meets with city staff. He stated that the School Board would be
22 leasing their requested 4800 square feet from the city. Since the city will be the owner of the
23 building, they will be assuming all architectural costs. He explained that they still need to
24 receive the Sports Boosters requirements for the proposed gym.
25 Ranallo stated that the Sports Boosters are in full support of the proposals presented to them.
26 They are proposing a double gym in which two teams could play at the same time.
27 Morrison suggested the possibility of adding on to the existing school structure and phase into
28 part of the building.
29
30 Motion by Enrooth, second by Marks to approve section 3, item 1 of the proposal submitted by
31 Will Architects, Inc.,to begin the schematic design of the Community Center.
32 Motion carried unanimously.
X. UNFINISHED BUSINESS -None.
City Council Regular Meeting Minutes
November 22, 1994
Page 14
1 XI. ADJOURNMENT.
2 Motion by Marks, second by Ranallo to adjourn the meeting at 7:43 P.M.
3 Motion carried unanimously.
4 Respectfully submitted,
5 Lorri Kopischke
6 Timesaver Off Site Secretarial
7
8 Mayor
9 ATTEST:
10 City Clerk
1 CITY OF ST. ANTHONY
2
CITY COUNCIL SPECIAL COUNCIL MEETING MINUTES
0 NOVEMBER 29, 1994
5
6
7 I. CALL TO ORDER/ROLL CALL.
8 The meeting was called.to order at,6:30 P.M. by Mayor Ranallo.
9
10 II. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
12 Also Present: Michael Mornson, City Manager; City Attorney, William Soth; and Public
13 Works Director, Larry Hamer.
14
15 III. DISCUSSION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW).
16 Mayor Ranallo reported that the purpose of this special City Council meeting was to
17 decide if it is necessary to complete the Environmental Assessment Worksheet. He
18 stated that the City Attorney had been working on the issue since the last meeting of
19 November 22, 1994. He reported that residents on Silver Lake have proposed eleven
20 items which they would like resolved. He stated that there was a meeting held yesterday
21 between Dennis Cavanaugh, C. G. Rein, and the representatives of Silver Lake
22 Homeowners Association. Cavanaugh has agreed to a number of items on the list but
23 not all items were agreed upon. The city has been asking the Home Owners Association
24 to withdraw their petition. The next step in the process would be to go to the Rice
Creek Watershed District and ask for a ruling giving CUB Foods and Knox Lumber
OF6 permits to start construction.
27
28 Dennis Cavanaugh, C. G. Rein Co., thanked the City Council for having this special
29 meeting. He then introduced Bob Beduhn, Barr Engineering, to present the proposed
30 drainage plan that has been presented to the neighbors.
31
32 Bob Beduhn, Barr Engineering, presented a sketch of the original proposition of the
33 drainage plan for Apache Plaza. The original proposal was for a three pond system.
34 The first pond would treat the storm water in the area of the proposed CUB Foods
35 parking lot. The second.pond would treat the storm water by New Market and the
36 employee parking lot and CUB Foods loading dock area. The third pond would treat
37 the run-off of Knox and Herbergers. In addition to the proposed ponds, there was a
38 supervised maintenance agreement. This agreement included sweeping of the parking
39 lot, maintenance of the ponds and daily inspection of the parking lot. The City of St.
40 Anthony will oversee the maintenance efforts. The proposal has since been tabled and
41 Barr Engineering was told to redevelop the plans to something that would be agreeable
42 with the residents on Silver Lake and the Rice Creek Watershed District.
43
44 Beduhn presented the alternative proposal for the drainage plan at Apache Plaza. The
45 main focus of the new plan was that 100% of the parking lot area of Apache Plaza would
46 receive some form of water quality treatment. The proposed pond by CUB Foods and
also by New Market would stay the same in this plan. The third proposed pond would
48 be increased in size and incorporate the same area. In addition to increasing the third
City Council Special Meeting Minutes
November 29, 1994
Page 2 •
1 pond, this plan provides for several filter strips in the grassy areas by Silver Lake Road,
2 to further treat the run-off. The first filter strip, a small area, will route the run-off into
3 a catch basin where the large trash and sediments will be removed and the water will
4 then go into the storm sewer system. The second filter strip, a larger area, is equipped
5 with three water quality manholes. The trash, oil and large sediments will be removed
6 and the water will then go to the storm sewer system. The last filter strip will be located
7 by the bank. There is not much room in the area so they have installed an oil, grit
8 chamber to remove debris and coarse items. This is the best drainage plan possible due
9 to the site constraints. It provides a significant addition in water quality treatment in
10 comparison to the first proposed drainage plan. The drainage plan is of higher quality
11 than ever conceived when the project was started.
12
13 Jim McNulty, St. Anthony resident, asked what a filter strip was and how the trash, oils
14 and sediments are removed.
15
16 Beduhn explained that a filter strip is a wide flat area of medium length grass,
17 approximately six inches high and the strip is four to five feet wide. The strips are
18 designed to treat run-off from small storm events. The water flows over these areas and
19 the sediments are trapped in the grass. Filter strips are similar to road side ditches that
20 are used in rural areas. The sediments accumulate and build up in the grass. When the
21 sediment reaches a certain percentage,.the area is then excavated and reseeded. It is
22 similar to the pondage system, whereas the ponds are allowed to fill up to 75% of •
23 original volume and are then cleaned out. The developers have submitted a maintenance
24 agreement in which they will survey the ponds yearly and then report the status to the
25 city. Another addition to the new proposal is that the maintenance agreement has been
26 strengthened. It will now include weekly sweeping'of the parking lot at Apache Plaza
27 and the developers will be required to report to the city on a quarterly basis.
28
29 Greg Carluca, St. Anthony resident, asked what the additional cost of the alternative
30 proposed plan would be.
31
32 Beduhn reported that the water quality manholes would be an additional $40,000 to
33 $50,000. The expansion of the third pond would be an additional $35,000.
34
35 Councilmember Marks stated that it appeared in the report that Barr Engineering had
36 prepared for the City Council, that the phosphates going into Silver Lake from Apache
37 Plaza parking lot would actually be reduced from what they presently are. He asked if
38 there was an estimate of how much phosphate was actually being contributed into Silver
39 Lake from the Apache Plaza parking lot.
40
41 Beduhn reported that Terry Noonan had prepared a report on the load of phosphorous
42 that was going into Silver Lake from the Apache Center parking lot. According to
43 Noonan, Apache Plaza currently contributes 14% of the load of phosphorous into Silver •
44 Lake per.year. With the proposed drainage plan, that number will be reduced by 5%.
City Council Special Meeting Minutes
November 29, 1994
• Page 3
1 Apache Plaza will only contnbute 9% of the phosphorous load into the lake. He stated
2 that this was a significant reduction.
3
4 Councilmember Enrooth noted that 91% of the phosphorous would still be coming from
5 other areas.
6
7 Bob Johnson, St. Anthony resident, commented that there are being improvements made
8 in other areas also, such as Wexfurd Heights and the Salvation 'Army Camp. He stated
9 that Ramsey and Anoka County were making improvements to the water quality of the
10 drainage into the lake.
11
12 Shirley Speka, St. Anthony resident, asked if the Apache Plaza project was indeed going
13 to go through. She commented on all the talk she has heard about Silver Lake. She
14 stated that she works for the Food and Drug Department and has seen some test results
15 that indicate that the water in the lake has a high level of phosphorous. She asked if the
16 project was going to start in the spring.
17
18 Ranallo stated that if the city is able to get the project going, there will be improvements
19 made to the water quality of Silver Lake.
20
City Attorney Soth stated that the city has to determine whether to require an EAW to
be prepared or to deny the petition. He stated that a petition has been submitted
23 requesting an EAW. The City of St. Anthony has been appointed as the Responsible
24 Governing Unit by the Environmental Quality Board. It is now for the city to decide if
25 an EAW is required. The owners of Apache Plaza have submitted materials to support
26 that an EAW is not necessary. This means that there are no significant environmental
27 effects due to the redevelopment and proposed drainage plan. Soth reported that he has
28 submitted a letter to the City of St. Anthony concerning these matters and that he
29 concludes that there is not a sufficient basis for the city to require that an EAW.be
30 completed. He stated that he has prepared a resolution to that effect. He advised that
31 the Council pass the resolution with certain findings set forth in support of the
32 resolution. He stated that if the Council does not.approve the resolution, they then need
33 to approve the EAW and begin the preparation.
34
35 Ranallo asked what the cost and amount of time would be involved in preparation of an
36 EAW.
37
38 City Manager Mornson reported that he had conferred with two engineering firms, Barr
39 Engineering and Rieke Carroll Muller Engineering. They both stated that the
40 preparation of the EAW itself was not costly. It is responding to the public questions
41 that is time consuming and costly. He reported that the process can take from 90 to 120
42 days. The cost can be as much as $40,000.
44 Marks stated that in trying to do this project, the city is not only trying to effectively
45 reno'v -Apache Plaza into a viable business place but also effectively take care of the
City Council Special Meeting Minutes
November 29, 1994
Page 4 •
1 run-off from the parking lot. There has been substantial improvement made in the
2 drainage system proposed for this project. He determines from the literature he has
3 received from Barr Engineering and other sources that there is no significant impact to
4 the environment. He stated that there is in fact less ground cover now and that the
5 water quality of Silver Lake would improve with the project.
6
7 Motion by Marks, second by Wagner to adopt Resolution 94-057, Denying the Petition
8 for Preparation of an Environmental Assessment Worksheet (EAW) for Renovation of
9 Apache Plaza.
10
11 Ranallo reported that only 35-37 residents had signed the petition that had been
12 presented. He then read aloud the resolution that had been prepared by the City
13 Attorney as follows:
14
15 Resolution Den3ing the Petition for Preparation of an Environmental Assessment
16 Worksheet (EAW) for Renovation of Apache Plaza.
17
18 WHEREAS, a Petition was duly filed on November 9, 1994, with the
19 Environmental Quality Board of the State of Minnesota (EQB) by the required number
20 of petitioners requesting that an environmental assessment worksheet (EAW) be
21 prepared for the renovation of Apache Plaza proposed as Rice Creek Watershed District •
22 permit application No. 93-32; and
23
24 WHEREAS, pursuant to Minnesota Rules regarding the preparation of EAWs, by
25 letter dated November 18, 1994 the EQB has appointed the City of St. Anthony as the
26 Responsible Governmental Unit (RGU) to determine the need for an EAW; and
27
28 WHEREAS, the City Council of the City of St. Anthony, pursuant to Minnesota
29 Rules and the direction of the EQB, has as the duly appointed RGU, examined the
30 allegations set forth in the Petitioner's Petition; and
31
32 WHEREAS, the Apache Plaza project is not a new facility, and the renovation
33 and repairs of Apache Plaza will result in a reduction (not an expansion) of net floor
34 space of approximately 40,800 square feet, such that the project is below the thresholds
35 for the mandatory EAW and environmental impact statement (EIS) categories set forth
36 in Minn. R. 4410.4300, subpt 14(B) and 4410.4400, subpt. 11(B); and
37
38 WHEREAS, after consideration of evidence presented by the petitioners,
39 proposers, city staff, and other interested parties, together with the testimony presented
40 at the regularly scheduled City Planning Commission meeting of November 15, 1994 and
41 the City Council meetings of November 22, 1994 and a special meeting of November 29,
42 1994, the City Council has determined that the evidence presented does not demonstrate
43 that the Apache Plaza renovation may have the potential for significant environmental
44 effects; and
45
City Council Special Meeting Minutes
November 29, 1994
• Page 5
1 WHEREAS, the City Council specifically finds that:
2
3 1. Apache Plaza has been present for more than twenty years;
4 2. No additional impervious surface area.will be added as part of the
5 renovations;
6 3. The construction work itself is not expected to have an environmental
7 effect;
8 4. Stormwater run-off management efforts to be undertaken by the proposer
9 as part of the renovation will improve environmental quality in the vicinity
10 of the project as compared to the existing conditions, as described in the
11 November 28, 1994 Barr Engineering Co. Memorandum;
12 5. Any impacts are minimized by the limited degree of magnitude of the
13 project in that Apache Plaza will be reduced (not increased) in size by this
14 project;
15 6. Maintenance operations by Apache Plaza, Ltd. described in the Stormwater
16 System Maintenance Agreement will reduce or eliminate impacts over time
17 during the life of the project;
18 7. Related future renovations or repairs have been taken into account and will
19 be mitigated by stormwater run-off management efforts described in the
20 November 28, 1994 Barr Engineering Co. memorandum; other future
projects are not currently anticipated; and
8. The City of St. Anthony, Rice Creek Watershed District, and the
23 Minnesota Pollution Control Agency will retain regulatory authority to
24 ,address any future water quality issues in relation to Silver Lake and the
25 watershed associated with Apache Plaza.
26
27 As a record of its decision, the City Council includes the following information: this
28 resolution, the plans, the November 28, 1994 Barr Engineering Co. memorandum, the
29 Stormwater.System Maintenance Agreement, the EAW petition, and all testimony and
30 materials submitted at the City Planning commission meeting of November 15, 1994 and
31 City Council meetings of November 22, 1994 and November 29, 1994.
32
33 WHEREAS, because the ordinances of the City of St. Anthony, together
34 with the required review and permitting processes of other agencies, including, but
35 not limited to the Rice Creek Watershed District, provide the necessary review
36 regulation and protection or mitigation measures to evaluate the appropriateness
37 of the proposed Apache Plaza renovation, the City Council has determined that
38 an EAW is unnecessary.
39
40 NOW THEREFORE, BE IT RESOLVED, that the City of St. Anthony,
41 Minnesota, acting as the duly appointed RGU, hereby denies the Petition of an
42 EAW for the Apache Plaza renovation and directs the City Clerk to notify in
0 44 writing the proposer, the EQB, and counsel for petitioners of this decision.
City Council Special Meeting Minutes
November 29, 1994
Page 6 •
1 Doug Jones, St. Anthony resident, commented that the resolution noted that testimony
2 had been presented at the Planning Commission meeting of November 15th and also at
3 the City Council meeting of November 22nd. He felt that the information being
4 presented at those meetings did not pertain to the proposed drainage plan but to the
5 primary development of the project. He stated that he had not had an opportunity to
6 present his objections to the storm drainage proposal.
7
8 Ranallo stated that there was opportunity at the Planning Commission meeting. The
9 drainage proposal was the last item on the agenda and was open to public discussion at
10 that time.
11
12 City Manager reported that no public hearing was required for the Apache Plaza
13 drainage plan but that the public had an opportunity to speak for or against it at the
14 aforementioned Planning Commission and City Council meetings. He advised that there
15 were minutes that reflected this.
16
17 Jones stated that he had not had time to prepare. He again stated that he had not had
18 an opportunity to present his objections to the proposed drainage plan.
19
20 Councilmember Fleming stated that Silver Lake will be cleaner with the proposed
21 project. She reported of her attendance at both of the aforementioned meetings and
22 stated that there was opportunity for the public to speak at both.
23
24 Bob Johnson, 28 year St. Anthony resident, thanked the Mayor for trying to resolve this
25 issue. He stated that he was a member of the Committee formed by the Silver Lake
26 Homeowners Association and that the entire Association would like to see the project go
27 forward. Their only concern is that they want a clean lake.
28
29 Charles Finn, 2709 Silver Lane, objected to the stated amount of net floor space as
30 presented in the resolution. The resolution states a net floor space of 40,800 square feet.
31 Finn stated that if Knox Lumber is included in the calculations, the net floor space would
32 be 205,000 square feet and would make an EAW mandatory. He stated that after
33 construction is completed Apache will be increased by 70% rather that the less than 50%
34 as stated in the resolution. . He stated that the roof run-off and 70% of the parking lot
35 are still not being addressed in the drainage plan. He also stated that further projects
36 are a possibility and have even been discussed at prior meetings.
37
38 Jim McNulty thanked the city for their efforts at making this project a success. He feels
39 that without this project St. Anthony will have nothing. He believes that the project will
40 really help Silver Lake. He stated that he thinks that some people really don't care
41 about the quality of the lake, they only want to stop the project.
42
43 Ranallo stated that the city has been working on the Apache Plaza project for three
44 years now. When the project was started, the city was working under the regulations
45 which were in place at that time. He stated that without Apache Plaza, there would be
City Council Special Meeting Minutes
November 29, 1994
Page 7
1 no schools in St. Anthony, as the residents could not afford to fund the schools. When
2 the project started, Apache Plaza was valued at 6.1 million dollars. As of this date, the
3 value has dropped to 5 million dollars and will continue to drop until it reaches bottom.
4 If this would happen, it would be unsure, who would buy the property and what it would
5 be used for. He stated that there have been a lot of complaints that the city staff is not
6 doing anything for St. Anthony. The city is trying to do something now, but the residents
7 are stopping them. Ranallo stated that CUB Foods and Knox Lumber are Fortune 500
8 companies. He reported that CUB Foods and Knox Lumber have both expressed the
9 desire to begin construction on the project. He recommended that residents attend the
10 Rice Creek Watershed District meeting Wednesday, November 30th and support the
11 proposed Apache Plaza drainage system.
12
t.
13 Geraldine Chanessey, St. Anthony resident, stated that she feels Apache Plaza, as it is
14 now, is an added crime area. She stated that she has tried to go shopping at Apache in
15 the evening and has seen as many as twelve teenagers loitering near the old Montgomery
16 Wards area. It has frightened her so, that she drives around to the other side of the mall
17 because she is afraid to get out of her car. She has experienced this at least six times.
18
19 Enrooth called for the question.
20
Motion carried unanimously.
23
24 V. ADJOURNMENT.
25
26 Motion by Marks, second by Enrooth to adjourn the meeting at 7:05 P.M.
27
28 Motion carried unanimously.
29
30
31 Respectfully submitted,
32
33 Lorri Kopischke
34 TimeSaver Off Site Secretarial
35
36
37
38
39 Mayor
40
41
42
ATTEST:
4 City Clerk , . . .
45
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 DECEMBER 13, 1994
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by
6 Mayor Ranallo.
7 II. ROLL. CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
9 Also Present: Michael Mornson, City Manager.
10 •City Manager Morrison introduced and welcomed the new Management Assistant, Kim
11 Moore-Sykes.
12 III. APPROVAL OF DECEMBER 13, 1994 COUNCIL AGENDA.
13 Motion by Wagner, second by Enrooth to approve the December 13, 1994.Council
14 Agenda with the following changes:
15 Under VI. PRESENTATION OF CLAIMS, add D. Hance, Iverson, Zappia, LeVahn,
16 Berndt & Desmond, Ltd., in the amount of $2,400.00 for professional services rendered
46 through September 1, 1994, the amount of $2,400.00 for professional services rendered
through October 1, 1994, the amount of $2,400.00 for professional services rendered
19 through November 1, 1994, and the amount of $2,400.00 for services rendered through
20 December 1, 1994, totalling $9,600.00.
21 Under VII. MAYOR'S REPORT, add 4. Proclamation declaring January 17, 1995 as
22 ecumenical community celebration and prayer day in conjunction with the 50th year
23 anniversary celebration of St. Anthony Village.
24 Under IX. NEW BUSINESS, replace E. Resolution 94-063, with revised Resolution 94-
25 063 distributed tonight.
26 Motion carried unanimously.
27 IV. APPROVAL OF NOVEMBER 22, 1994 COUNCIL MINUTES.
28 Motion by Fleming, second by Wagner to approve the November 22, 1994 Council
29 minutes with the following changes:
30 Under Page 3, Line 32: Replace "Bill Nygard" with 'Bruce Nedagaurd".
31 Under Page 3, Line 33: Replace "Nygard" with "Nedagaurd"._
32 Under Page 3, Line 35: Replace "Nygard" with "Nedagaurd".
33 Under Page 3, Line 38: Replace "Nygard" with "Nedagaurd".
Motion carried unanimously.
City Council Regular Meeting Minutes
December 13, 1994 •
Page 2
1 APPROVAL OF NOVEMBER 29, 1994 SPECIAL COUNCIL MEETING MINUTES.
2 Motion by Marks, second by Enrooth to approve the November 29, 1994 Special Council
3 Meeting Minutes with the following changes:
4 Under Page 2, Line 22: Replace "75%" with "25%".
5 Under Page 3, Line 29: Replace "not a sufficient basis for the city to require that an
6 EAW be completed" with "a sufficient basis for the city to
7 deny the petition".
g Motion carried unanimously.
9 V. LICENSES/PERMITS/PETITIONS.
10 Motion by Marks, second by Wagner to approve the following licenses:
11 Heating License
12 TEK Mechanical Services, Inc.
13 Contractors License
14 Step by Step Montessori School of St. Anthony, Edina, MN
15 Imaginality, Minneapolis, MN •
16 Motion carried unanimously.
17 VI. PRESENTATION OF CLAIMS.
18 Motion by Marks, second by Enrooth to approve the following claims:
19 A. Dorsey & Whitney in the amount of $2400.00 for legal services rendered through
20 October 31, 1994.
21 B. Rieke Carroll Muller in the amount of $8062.43 for professional services rendered
22 for 1995 Street Construction - Design.
23 C. 3 pages of Verified Claims as presented by the Finance Director.
24 D. Hance Iverson Zappia, LeVahn. Berndt & Desmond, Ltd. in the amount of
25 $2,400.00 for legal services rendered through September 1, 1994, the amount of
26 $2,400.00 for legal services rendered through October 1, 1994, in the amount of
27 $2,400.00 for legal services rendered through November 1, 1994 and the amount
28 of $2,400.00 for legal services rendered through December 1, 1994, totalling
29 $9,600.00.
30 Motion carried unanimously.
31 VII. REPORTS.
32 A. Mayor. •
33 Mayor Ranallo stated that he was informed today that the Silver Lake
34 Homeowners Association held a meeting last night. The Association voted 26 to
City Council Regular Meeting Minutes
• December 13, 1994
Page 3
1 11 not to pursue or file any claim against the City of St. Anthony or the Rice
2 Creek Watershed District. He reported that there is a 30 day period that an
3 individual can file a claim. That 30 day period will end on December 29, 1994.
4 Ranallo reported that in 1995 the Meredith Cable Company will be installing
5 cable into all homes in St. Anthony, for a nominal fee. The residents will then be
6 able to view the public education and government channels. This means the
7 residents will be able to receive Channels 4, 5, 9, and 11 without an outdoor
8 antenna. He also appointed Kim Moore-Sykes as the Alternate on the Cable
9 Committee.
10 Ranallo stated that it was not necessary to hold the December 27, 1994 Council
11 meeting, as this is a busy time of the year and there was not much business on the
12 agenda at this time.
13 Motion by Marks, second by Wagner to give the City Manager authorization to
14 cancel the December 27, 1994 Council meeting, if there was not a lot of business,
15 because of the holiday season.
4)6 Motion carried unanimously.
17 Ranallo stated that due to the response received from American Risk Services,
18 Inc., it would be okay to allow the Early Childhood Family Education to serve hot
19 chocolate at the Central Park Skating Rink / Warming House.
20 Motion by Enrooth, second by Wagner to direct the City Manager to work with
21 Early Childhood Family Education in regards to serving hot chocolate at the
22 Central Park Skating Rink / Warming House.
23 Motion carried unanimously.
24 Ranallo reported of his attendance at a meeting regarding the 50th year
25 anniversary celebration of St. Anthony Village. He stated that it was a historical
26 meeting as the pastors of the four major churches in St. Anthony, St. Charles
27 Borromeo, Nativity Lutheran, Faith United Methodist, and Elmwood Lutheran
28 were all in attendance. The Salvation Army, the church located in the Russian
29 Orthodox Cemetery, and Aga-Kahn were all invited but did not attend. All four
30 pastors agreed to the one hour service which will be held on January 17, 1995
31 from 7:00 to 8:00 P.M. at St. Charles Borromeo. St. Charles Borromeo was
32 chosen as it is the oldest church in St. Anthony. Pastor Seefeldt, Nativity
33 Lutheran, will be delivering the homily. St. Charles Borromeo Choir Director will
be organizing a program that all four church choirs will perform together. When
5 the prayer service has finished, there will be a Chili Supper held at the School
36 Cafeteria next door to the church. He reported that there will be an attempt to
City Council Regular Meeting Minutes
December 13, 1994
Page 4
1 close all businesses and events in St. Anthony for that time period, so all residents
2 can attend.
3 Motion by Marks, second by Enrooth to declare January 17, 1995 as Ecumenical
4 Community Celebration and Prayer Day in conjunction with the 50th year
5 anniversary celebration of St. Anthony Village.
6 Motion carried unanimously.
7 B. Council.
8 Councilmember Wagner reported of his attendance at the meeting of National
9 League of.Cities this past weekend. He spoke of a workshop he attended on
10 Youth, Education, and Family. He stated that the message of the workshop was
11 youth involvement. He reported that Peter Benson, who started the Task Force in
12 St. Anthony, was a panelist at this first workshop. He also attended a workshop
13 entitled New Civic Democracy. He stated that Karen Anderson, the Mayor of
14 Minnetonka, spoke at this session.
15 Councilmember Enrooth reported that he. also had attended the National League •
16 of Cities meeting this past weekend. He commented that it was a well-staged
17 event but that attendance was down from last year.
18 Enrooth also commented on the recent fire at the Williams Pipeline. He
19 questioned if there was any action that could be taken by St. Anthony to find out
20 why Williams is having so many problems.
21 Councilmember Marks asked if this was something the State Office of Emergency
22 Preparedness would investigate.
23 City Manager stated that he would ask Fire Chief Dick Johnson, to check into this
24 matter and report back to the council.
25 C. Ci , Manager.
26 City Manager Morrison reported that he and Larry Hamer would be meeting next
27 week with the City Managers and Public Work Directors of New Brighton and
28 Columbia Heights, and the Rice Creek Watershed regarding funding for
29 improvements in the Rice Creek Watershed District area.
30 He reminded Council of the Work Session scheduled January 3, 1995 at 7:00 P.M.
31 He stated that the City s still waiting for the paperwork from the owner of the •
ty g p p
32 property located at 31_11 Silver Lake Road. He stated the City will not be closing
33 on the property until after January 1995. He reported that there has been interest
City Council Regular Meeting Minutes
r December 13, 1994
Page 5
1 expressed in the property on Coolidge and that it may be possible to market the
2 lots together.
3 He reported that a letter had been received from the Schroeders regarding the
4 variance request that had been tabled at a prior meeting.
5 Mr. Tom Schroeder, 3929 Fordham Drive, stated that a meeting had been set up
6 with himself, Mr. Botnick, Mr. Nedagaurd, and the Reeds to try to negotiate a
7 solution.
8 VIII. PUBLIC HEARING - None.
9 IX. NEW BUSINESS
10 A. Resolution 94-059, re: Contract for architectural services for proposed
11 Community Center.
12 Motion by Marks, second by Enrooth to approve Resolution 94-059, authorizing the
13 Mayor and City Manager to execute an agreement with an architect on behalf of the
14 City.
Motion carried unanimously.
16 City Manger informed that after each step in the process, the plans would have to come
17 before the City Council for review before the next step could be initiated.
18 B. Resolution 94-060 re: Cooperative agreement and maintenance for traffic control
19 signals with Ramsey County.
20 Motion by Wagner, second by Fleming to approve Resolution 94-060, approving the
21 cooperative agreement between the City of St. Anthony and Ramsey County and the
22 agreement with Ramsey County for maintenance of traffic control signals and authorizing
23 the execution of each by the Mayor and City Manager.
24 Motion carried unanimously.
25 C. Resolution 94-061, re: Agreements and Plans for the installation and maintenance
26 of traffic control signals,on Silver Lake Road"at 37th Avenue N.E. and 39th
27 Avenue N.E.
28 Motion by Enrooth, second by Wagner to approve Resolution 94-061, approving the
29 agreements for installation and maintenance of traffic control signals Nos. 94010 and
30 94011 by and between the counties of Ramsey and Hennepin and the City of St. Anthony
31 and authorizing the Mayor and City manager to execute said agreements.
1 Motion carried unanimously.
City Council Regular Meeting Minutes
December 13, 1994
Page 6
1 D. Resolution 94-062 re: Call for public hearing on the 1995 street and utility
2 improvements.
3 Motion by Marks, second by Fleming to approve Resolution 94-062, calling a public
4 hearing on January 10, 1995 at 7:00 P.M. on the 1995 street and utility improvements.
5 Motion carried unanimously.
6 E. Resolution 94-063 re: Declare cost to be assessed and order preparation of
7 proposed assessment for 1995 street and utility improvements.
8 Motion by Marks, second by Enrooth to approve Resolution 94-063, declaring cost to be
9 assessed and ordering preparation of proposed assessment, with the modified changes as
10 presented in the corrected Resolution.
11 Motion carried unanimously.
12 City Manager explained that the portion of the cost paid by the City was changed from
13 $504,344.10 to $588,931.00 and the cost to be assessed against.benetitted property owners
14 changed from $215,344.10 to $235,790.00.
15 F. Resolution 94-064 re: Call for public hearing on proposed assessment for 1995
16 street and utility improvements.
17 Motion by Enrooth, second by Wagner to approve Resolution 94-064, calling a hearing
18 on January 10, 1995 at 7:00 P.M. for proposed Assessment for 1995 Street and Utility
19 Improvements.
20 Motion carried unanimously.
21 Wagner stated that page two of the resolution had the incorrect Resolution number
22 listed and would have to be changed before signing.
23
24 X. UNFINISHED BUSINESS.
25 A. Ordinance 1994-008, re: Water rates ( 2nd reading ).
26 Motion by Marks, second by Wagner to approve the second reading of Ordinance 1994-
27 008, relating to water rates, amending section 610.02, so as water bills will be computed
28 quarterly based on metered water used at the rate of $.90 per 100 cubic feet or any
29 fraction thereof, commencing January 1, 1995.
30 Motion carried unanimously.
31 B. Ordinance 1994-009, re: Outside employment of City Employees ( 2nd reading_).
32 Motion by Enrooth, second by Marks to approve the second reading of Ordinance 1994- •
33 009, relating to outside employment, amending section 300.06, subd. 1, so as no employee
34 shall work for more than one City department at a time, except in the case of temporary
35 emergency situations,'and as-ordered by the Department Heads of the affected City
City Council Regular Meeting Minutes
December 13, 1994
Page 7
1 departments, with the only exception being the Public Works employees who are daytime
2 Reserve Firefighters.
3 Motion carried unanimously.
4 XI. ADJOURNMENT.
5 Motion by Marks, second by Enrooth to adjourn the meeting at 7:35 P.M.
6 Motion carried unanimously.
7 Respectfully submitted,
8 Lorri Kopischke
9 TimeSaver-Off Site Secretarial
OL Mayor
12 ATTEST:
13 City Clerk