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PL PACKET 10151996
Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101465 BOX: 20 Folder: PL PACKETS 1996 Document: PL PACKET 10151996 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA OCTOBER 15, 1996 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. Ill. . APPROVAL OF OCTOBER 15, 1996 PLANNING COMMISSION AGENDA. IV. APPROVAL OF SEPTEMBER 17, 1996 PLANNING COMMISSION MINUTES. V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO OCTOBER 22, 1996 COUNCIL MEETING. VI. PUBLIC HEARING. A. 96-17; Rear Yard Variance Request; St. Anthony Unocal Service Station, Roger Bona, 2801 Kenzie Terrace. B. 96-16; Side Yard Variance Request; Assad Hark, 2914 - 36th Avenue N.E. VII. COMMENTS. A. Commissioners. B. Staff. 1 November Public Hearings. A. Conditional Use Permit -- VFW Post B. Amendment to the Zoning Ordinance -- Shopping Centers 2. Joint Meeting with the City Council, October 29, 1996 A. Comp. Plan Update VIII. ADJOURNMENT. \f/ l 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 3 SEPTEMBER 17, 1996 4 I. CALL TO ORDERIPLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 6 7:03 P.M. 7 II. ROLL CALL. 8 Commissioners present: Chair Bergstrom; Commissioners Delmonico, Franzese, 9 Gondorchin, Horst, Makowske, and.Thompson. 10 Commissioners absent: None. 11 Also present: Kim Moore-Sykes, Management Assistant and Michael Mornson, 12 City Manager. i 13 M. APPROVAL OF SEPTEMBER 17, 1996 PLANNING COMMISSION AGENDA. 14 Motion by Thompson, seconded by Delmonico,to approve the Planning Commission Agenda for 15 September 17, 1996 as presented. 16 Motion carried unanimously. 17 IV. APPROVAL OF THE AUGUST 18, 1996 PLANNING COMMISSION MEETING 18. MINUTES. 19 Motion by Bergstrom, seconded by Franzese,to approve the August 18, 1996. Planning 20 Commission Meeting minutes with the following changes: 21 22 Page 1,Line 23: After"general,"replace text with"would set precedent potentially leading 23 to the destabilization and invalidation of the Comprehensive Plan 24 objectives and City's Zoning Ordinances, and an unwillingness of the 25 applicant to physically modify the home to meet the requirements of 26 multiple family homes". 27 Page 2, Line 6: Remove"due to"and replace with"in order to avoid". 28 Page 5, Line 5: Remove"Unanimously"and add"Commissioner Gondorchin voted nay". 29 Page 14, Line 32: Add"Mr. Gerster stated he would look into the location of the outside 30 dumpster". 31 Page 15, Line 3: Remove"cuts"and replace with"angle" and after"on" add "and off the". 32 Page 16, Line 11: Remove"too quick"and replace with"an expedited process". 33 Motion carried unanimously. 34 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO SEPTEMBER 24, 35 1996 COUNCIL MEETING. 36 Chair Bergstrom was appointed as the Planning Commission representative for the Tuesday, 37 September 24, 1996, City Council meeting. Planning Commission Regular Meeting Minutes September 17, 1996 Page 2" 1 VI. PUBLIC HEARINGS. 2 A. Realty Development Advisors, Lot 3. Block 1. Silver Lake Center(Apache Plaza) (96- 3 - 4 1. Conditional Use Permit-Video Sales and Rental. 5 2. Sign Variance Request -Video Sales and Rental; Bagel Shop. 6 Chair Bergstrom opened the public hearing at 7:10 P.M. 7 Ms. Kim Moore-Sykes, Management Assistant reported Lee Stedman of Realty Development 8 Advisors, LLC,has applied for a conditional use permit for a proposed video rental store that is 9 one of two proposed stores to be built as part of the Apache Plaza redevelopment plan for Lot 3. 10 The second store,"a bagel shop, is an allowed use in the commercial zoning district. 11. The proposed video rental store is a use that is allowed in a commercial zoning district such as 12 Apache Plaza(Chap. 16, Section 1635.03, (1)). The use will not be detrimental to health, safety, 13 or general welfare of the people living or working in the vicinity. As stated by their conditional 14 use application, the proposed store will not contain X-rated video tapes. The Apache Plaza 15 location is desirable for the proposed use because it is a convenient location for the community. 16 This proposed use will not be detrimental to property values,but instead, it is expected to 17 increase the redevelopment value of the surrounding commercial properties and the area as a 18 whole. 19 Ms. Moore-Sykes reported Lee Stedman has also requested a sign variance for the building that 20 is housing the video and bagel stores. As the site plan shows,the proposed building is situated 21 such that it has business frontage on the east and south sides. Mr. Stedman is requesting a sign 22 variance for the north side of the building,which has no business right-of-way frontage,to take 23 advantage of the southbound vehicular traffic on Silver Lake Road. 24 The proposal is to have two wall signs, one on the east side of the building that will wrap around 25 to the south side and does not require a variance. The other sign is proposed to be on the east 26 side of the building"and will wrap around to the north side. These wrap around wall signs will 27 not exceed 15%of the area of the wall to which the sign will be applied. 28. Staff is recommending the approval of the conditional use permit being requested by Lee 29 Stedman of Realty Development Advisors,LLC based on the fact that the City Ordinance allows 30 the use as a conditional use in a commercial zoning district. 31 Staff is also recommending the approval of the sign variance request for business right-of-way 32 frontage on the north side of the proposed building to accommodate the need for increased 33 visibility for traffic going southbound on Silver Lake Road and traffic in the retail center. 34 The conditions upon which this variance request is based are unique to this area because Apache 35 Plaza is being redeveloped into a retail center that has independent retail businesses being 36 planned along Silver Lake Road and are not part of the main retail center. The applicant desires T Planning Commission Regular Meeting Minutes September 17, 1996 Page 3 1 to take advantage of the potential for increased traffic attracted to the Apache Plaza by utilizing a 2 wrap around wall sign concept to provide increased visibility to potential customers. The 3 applicant will not require more.sign surface area than what is allowable by the City's wall sign 4 ordinance. 5 Chair Bergstrom questioned if the road access extension of 39th Avenue on the,south side of 6 these buildings was actually a City street. If it was not, a variance may also be required for that 7 signage. 8 City Manager Morrison noted that 39th Avenue does end into Apache Plaza and then becomes a 9 private road. 10 Lee Stedman, Realty Development Advisors, LLC, displayed an illustration of the site plan of 11 the proposal. The building will be 8,500 square feet. The site will include 96 parking stalls, 92 12 stalls are required by City Code. He reported he is currently negotiating with two tenants, a 13 nationally recognized bagel store and a nationally recognized video store, for the space. The site 14 includes a drive-up lane which will be used for quick service. He is currently negotiating with 15 First Bank to provide a cross access to improve the traffic flow on the site. He noted the location 16 of the monument sign which will have a 40 square foot face. 17 Chair Bergstrom asked if this drawing was different than the drawing provided in the 18 Commissioner's packet. 19 Mr. Stedman noted the business locations had been reversed. 20 Jay Scott, OPUS Corporation, explained part of the Redevelopment Agreement for Apache Plaza 21 was an Restricted Easement Agreement(REA)between First Bank, Opus and Ste. Mane Co. 22 which placed various site line restrictions on the balance of the property which.included this lot. 23 These restrictions include building height, size and building envelope. One problem with this 24 development was that the proposed building envelope location was 130 feet from 39th Avenue. 25 This location has been approved by SuperValu but not by Herbergers. Due to this, the building 26 has been shifted 17 feet to the north. This location will meet all the requirements of the REA and 27 the City Codes. The configuration and the elevations will remain the same. If Herbergers does 28 agree to the previous location of the building envelope,the building will be shifted back to the 29 south. . 30 Commissioner Gondorchin asked if the building impacted the sight line of CUB Foods Store. 31 Mr. Scott stated CUB Foods Store has approved both plans. 32 Mr. Stedman illustrated the elevation of the proposal, noting it will include earth tones. He 33 stated the sign bands will include individually lit letters. r r Planning Commission Regular Meeting Minutes September 17, 1996 Page 4 1 Commissioner Franzese questioned the possibility of installation of a stop sign on 39th Avenue 2 to help with the traffic exiting in and out of the businesses. 3 Mr. Scott stated he felt a stop sign could possibly result in traffic being backed up into the street. 4 He noted the lane to the west of the businesses and the anticipated cross access of First Bank will 5 achieve a circular flow of traffic. There will be an exit and entrance into both lots. 6 Mr. Scott stated the project was attempting to attract national quality retailers. He felt this would 7 require a minimum of dual signs on the buildings. 8 Commissioner Makowske commended OPUS and Realty Development for adjusting the parking 9 area to alleviate the parking variance which had initially been considered. 10 Douglas Jones, 2505 Silver Lane N.E., asked if the overhead power line would be removed from 11 the site. 12 Mr. Scott stated the overhead line was being used temporarily for construction of the SuperValu 13 site and would be removed. 14 Mornson noted there were five ground signs approved as part of the Comprehensive Sign 15 Package for Apache Plaza and asked if this monument sign was considered one of the ground 16 signs. He also asked when the old pylon sign would be removed. 17 Mr. Scott stated this monument sign is one of the ground signs included in the Comprehensive 18 Sign Package for Apache Plaza. The removal of the existing pylon sign will be timed with the 19 balance of the redevelopment of Apache Plaza. 20 Mornson suggested the Commission include the signage on the south side of the building in the 21 motion this evening and he will obtain the City Attorney's interpretation prior to the next City 22 Council meeting. . 23 Commissioner Franzese stated she believed the area of roadway in question was a street and 24. noted many businesses have 39th Avenue as their legal address. 25 Chair Bergstrom closed the public hearing at 7:33 P.M. 26 Commissioner Makowske noted the developments along Silver Lake Road would all have 27 various owners and asked if an effort was being made to ensure that individual'wall signs 28 conformed in a general manner. 29 Mr. Scott stated there is an effort being made in the overall redevelopment to retain architectural 30 control and maintain consistent color and patterns. Planning Commission Regular Meeting Minutes September 17, 1996 Page 5 1 Motion by Gondorchin, seconded by Delmonico, to recommend City Council approval of the 2 Conditional Use Permit for Video Sales and Rental Store and Bagel Shop; Lot 3, Block 4, 3 Apache Plaza based on the fact that the City Ordinance allows the use as a conditional use in a 4 commercial zoning district. 5 Motion carried unanimously. 6 Chair Bergstrom stated part of the Apache Plaza Comprehensive Sign Package was to allow the 7 addition of a ground sign. He felt the building would have sufficient signage with a wall sign on 8 the east side of the building and the ground sign. 9 Commissioner Franzese stated the City Ordinance allows one commercial identification sign per 10 "right-of-way". 11 Chair Bergstrom stated if this was correct,the only signage which would require a variance 12 would be the signage on the north side. 13 Commissioner Makowske stated the reason the additional monument signs were included in the 14 Comprehensive Signage Plan for Apache Plaza was to attract national type retailers and to 15 alleviate the necessity of granting variances. He stated he was inclined to vote against the 16 additional signage on the north side of the building. 17 Morrison stated the Comprehensive Sign Package did not include any more monument signs than 18 permitted by Ordinance but did allow the monument signs to be larger in height and width. 19 Commissioner Gondorchin stated he was inclined to vote in favor of the variance due to the 20 placement of the structure and the traffic flow and it will be an identification aid since there will 21 be two businesses-in this location. 22 Mornson stated he felt the variance was required as the Ordinance stated signage should be on 23 the side of the building facing frontage. 24 Motion by Delmonico, seconded by Thompson,to recommend City Council approval of the sign 25 variance request for business right-of-way frontage on the north side of the proposed building to 26 accommodate the need for increased visibility for traffic going southbound on Silver Lake Road 27 and traffic in the retail center. 28 Commissioner Gondorchin suggested the motion be amended to include: 29 1. The hardship is not created by the owner but is due to traffic patterns and multiple 30 tenancy. 31 2. The condition is unique to the structure and redevelopment of the parcel itself. Planning Commission Regular Meeting Minutes September 17, 1996 Page 6 1 3. It is in spirit of redevelopment of the site and is consistent with previous requests and/or 2 plans for redevelopment of the site. 3 Commissioner Franzese suggested an the motion be amended to include: 4 1. The applicant will not require more sign surface area than what is allowable by the City's 5 wall sign ordinance. 6 Commissioners Delmonico and Thompson accepted the amendment to the motion. 7 Voting on the motion- Commissioners Delmonico, Franzese, Gondorchin, Horst, Makowske, and 8 Thompson voted aye. Chair Bergstrom voted nay. .9 Motion carried. 10 Chair Bergstrom noted this issue will be considered at the September 24, 1996 City Council 11 meeting. 12 B. -Ste. Marie Company, Lot 5. Block 1. Silver Lake Center(Apache Plaza): Municipal 13 Liquor Store (96-15). 14 1. Rear Yard Setback Variance Request. 15 2. Sign Variance Request. 16 Chair Bergstrom opened the public.hearing at 7:45 P.M. 17 Ms. Moore-Sykes reported Ste. Marie Company, as owner of the property at Apache Plaza 18 Shopping Center, has applied for a rear yard variance of 18 feet, 6 inches from the required 19 setback of the west lot line of the Tires Plus site for an addition they are planning to build. The 20 City Ordinance requires that commercial buildings have a rear yard setback of 20 feet. The 21 proposed addition will be situated 1 foot, 6 inches from the west property line of the site. The 22 4,807 square foot proposed addition is being built on to the existing 3,493 square feet of the Tires 23 Plus building and is proposed to be used as a municipal liquor store. The proposed municipal 24 liquor store will have 8,300 square feet. 25 The variance is being requested because the construction of the addition is limited on the site 26 because of an interior driveway that runs parallel to the west property line and Silver Lake Road 27 that runs parallel to the site on the east. Because Silver Lake Road is designated as a county 28 road,the proposed addition is subject to county road setback requirements,thereby limiting 29 expansion to the east. 30 Also, City Ordinance restricts expansion in this direction because the proposed addition must 31 have a setback of 35 feet or a distance equal to the average of the front yard depths of the two 32 adjacent properties. The adjacent properties currently would include Taco Bell,Tire Plus and 1 Planning Commission Regular Meeting Minutes September 17, 1996 Page 7 1 First Bank. Pushing the addition toward Silver Lake Road would encroach into the county 2 setback and exceed the average of the front yard depths of the adjacent lots-. 3 Ms. Moore-Sykes reported Ste. Marie Company is also requesting a sign variance for the 4 proposed addition. As the site plan shows,this addition is situated such that it has business 5 frontage on the east side, along Silver Lake Road. Ms. Rothschild is requesting a sign variance 6 for the north side of the proposed addition,which has no business right-of-way. It is being 7 proposed that the wall sign be extended to wrap around to the north side of the building, which 8 will take advantage of the southbound vehicular traffic, as well as the traffic on the Apache Plaza 9 site. This proposed wall sign will not exceed 15%of the wall area to which the sign will be 10 applied. 11 Staff is recommending the approval of the rear yard setback variance request as requested by Ms. 12 Rothschild of the Ste. Marie Company. The requested setback is from a lot line which is 13 adjoining an interior driveway intended for use by the customers of the shopping center and is _ 14 not adjoining another lot. If the request for the variance is granted, it will not alter the essential 15 character of the locality but allow the site to be redeveloped into a reasonable commercial use. 16 The circumstances causing the hardship that necessitated the need to request this rear yard 17 setback were created by the location of the site between a county road right-of-way and an 18 interior driveway through this shopping center and were not created by the'owner. It is possible 19 that as the shopping center is redeveloped, this interior driveway could change or cease to exist. 20 So, while a setback variance is required by City Ordinance,the impact of constructing the 21 proposed addition 1 foot, 6 inches from the property line that is adjacent to an interior driveway 22 is not as great as it would be if constructed adjacent to another building on the site or adjacent to 23 a residential area. 24 Staff is also recommending the approval of the sign variance request for business right-of-way 25 frontage on the north side of the proposed addition to accommodate the need for increased 26 visibility for traffic going southbound on Silver Lake Road and traffic in the retail center. 27 The conditions upon which this variance request is based are unique to this area because Apache 28 Plaza is being redeveloped into a retail center that.has independent retail businesses being 29 planned along Silver Lake Road and are not part of the main retail center. The applicant desires 30 to take advantage of the potential for increased traffic attracted to the Apache Plaza by utilizing a 31 wrap around wall sign concept to provide increased visibility to potential customers driving 32 either on Silver Lake Road or on the driveways through Apache Plaza. The applicant will not 33 require more sign surface area than what is allowable by the City's wall sign ordinance. 34 Commissioner Makowske stated the reason for allowing larger monumental signs on these 35 parcels was that they are included in the Comprehensive Sign Package for Apache Plaza. Staff is 36 now asking the Commission to consider these developments as being separate from Apache 37 Plaza. r Planning Commission Regular Meeting Minutes September 17, 1996 Page 8 1 Ms. Moore-Sykes clarified that these developments are not part of the main building of the retail 2 center. 3 Tom Gerster KKE Architects,presented an illustration of the proposed site plan. The building 4 addition will be located on the north side of the building and Tire Plus will occupy the south 5 side. He illustrated the traffic flow and stated the desire in the long term is to have parking 6 contiguous with a shared access on the adjoining lot when it is developed. There are 54 parking 7 stalls available and 50 are required by City Code. He stated the intent of the proposal is to 8 maximize the potential of this piece of property which is limited in square feet by the county 9 road and setbacks. He explained the elevation and noted the intent to match the existing dark 10 brown brick on all four sides. The existing canopy will not be carried through. The stucco and 11 fascia will be carried through the entire addition. He stated the intent of the additional proposed 12 signage on the north is to draw traffic in from the internal road system. 13 Commissioner Gondorchin asked what measures would be used to discourage two-way traffic in 14 the one-way traffic areas and where the outside dumpster would be placed. 15 Mr. Gerster stated signage would be utilized to discourage two-way traffic in this area. He stated 16 the SAV II trash would be contained within the building. The location of the Tire Plus dumpster 17 has not been discussed at this time. 18 Commissioner Horst asked if the main entrance would be located on the north side of the 19 building. 20 Mr. Gerster stated the main entrance would be located on the side of the building facing east. 21 Doug Jones, 2505 Silver Lane N.E., asked how many parking spaces were required specifically 22 for the SAV II Liquor Store and their proximity to the entrance. He also noted a promise which 23 was made at the time of the CUB Food Store proposal which stated ponding would be created or 24 the drainage attached to the new ponding when this lot was redeveloped. He requested this be 25 included in the granting of the variance. 26 Mr. Gerster stated 24 parking stalls are required for the SAV II Liquor Store and 27 are provided. 27 He noted there is a service entrance in the rear of the building and employees would be able to 28 park in this area and enter from the rear of the building. 29 Bruce Miller, Westwood Engineering, stated he had worked on the Master Storm Water 30 Treatment Plan for the entire redevelopment project and also the Environmental Assessment 31 Worksheet. At the time these documents were created it was not clear what configuration the 32 SAV II Liquor Store would have. As part of the Master Storm Water Plan,two storm water 33 ponds were installed north of 39th Avenue and a stub was put across for future redevelopment on 34 Lot 4. At this juncture,there are two issues. Because the natural surface drainage is trapped 35 against the facility, the only option is to pipe that water somewhere. The desire is to pipe the t Planning Commission Regular Meeting Minutes September 17, 1996 Page 9 1 water back to the in-place storm sewer that serves the south end of Apache Plaza development in 2 connection to the trunk in Silver Lake Road. He stated he met with Kate Drewey of the Rice 3 Creek Watershed District last week and the.criteria they would require would be to install a grit 4 chamber for this drainage. This would be a 6 foot by 6 foot box with internal buffers to screen 5 the sediment and would require periodic cleaning. This is not as effective for nutrient but would 6 be better than the typical manhole. This has been discussed with the project proposers and they 7 are willing to proceed with this option. The other issue is the natural drainage to the northeast 8 corner. A catch basin will be installed and when Lot 4 develops, the drainage will be routed 9 through Lot 4 and connected to the new system south of 39th Avenue. In the interim it will be 10 connected to the catch basin on Silver Lake Road. Rice Creek Watershed District has found this 11 acceptable. 12 Mr. Miller explained that all the drainage on the site will be treated, once the area is fully 13 developed. 80%of the drainage of the water from this site will go through the two pond 14 systems. This has been reviewed with OPUS and they are in agreement and will permit this. 15 Momson asked if the grit chamber would be permanent. Mr. Miller stated he believed it would 16 be but there was a possibility that when the body of the Center is removed, depending on the 17 development scheme of Lot 7,the drainage may be routed to a future pond in that area. 18 Mr. Jones confirmed that 80%of the site, including both roofs, all of the parcel that is on the east 19 side of the property and all the property on the north side,will eventually drain into the two 20 ponds which have been constructed on the south side of 39th. 21 Mr. Miller stated this was correct. 22 Mr. Jones stated this he felt this showed good faith. He asked if it would be possible to drain the 23 water from the grid chamber back behind Taco Bell into the Soo Line Railroad right-of-way. 24 Mr. Miller stated he was aware that there was drainage to that area but it is unpermitted. 25 Mr. Jones stated he felt Westwood Professional.Services had answered all questions completely 26 and honestly, and was doing a marvelous job on the development to date. He stated he was 27 pleased to see the development go forward and was only concerned with the potential damage to 28 Silver Lake. He stated he was willing to accept Westwood's word as long as it was part of the 29 public hearing. He stated he would like a stipulation included in the granting of the variance that 30 all the drainage of this site would be handled as stated tonight. 31 . Chair Bergstrom stated he was happy to hear that the relationship was going well.. He noted the 32 Planning Commission does not have to authority to approve ponding and NURP standards. They 33 have been deferring this to Rice Creek Watershed District and will continue to do so. - . r Planning Commission Regular Meeting Minutes . September 17, 1996 Page 10 1 Mr. Jones stated he felt the City could make the drainage requirements a condition of the 2 variance. He noted this parcel of 2.5 acres is below the Rice Creek Watershed standards for 3 requirement of ponding. He was concerned that if Mr. Miller was not associated with the project 4 in the future; the plans may be changed. 5 Mr. Bill Zawislak, 2500-34th Avenue, stated he was in favor of the proposal. He stated he felt 6 this situation was unique in that the proposal is trying to take a tire store and make it into a liquor 7 store while retaining the same color scheme that has existed for many years. That is why extra 8 signage is required and why it is necessary for it to be placed in a specific area. This is a chance 9 for a fresh start and if it is done right the Liquor Store could be restored to what it was in the 10 past. A hardship would be created if the City does not approve this project. 11 Chair Bergstrom closed the public hearing at 8:25 P.M. 12 Commissioner Franzese noted that the current off-sale liquor location only has 4 to 5 parking 13 stalls in front of the store. 14 - Commissioner Horst expressed his concern that if the variance was granted for what was good 15 for the City, it should be good for all business who face the same problem. He did not want to 16 see an inequitable situation created between the City and other businesses. He stated he did not 17 feel the drainage issue had anything to do with the variance request. 18 Commissioner Gondorchin stated his concern with the parking on the north side of the building. 19 He also did not feel approval of the variance should be contingent on ponding requirements. 20 Motion by Gondorchin, seconded by Franzese, to recommend City Council approval of the sign 21 variance request for business right-of-way frontage on the north side-of the proposed addition as 22 it meets the variance criteria as follows: 23 1. The hardship is not created by the owner but is due to traffic patterns and multiple .24 tenancy 25 2, This condition is unique to the structure and redevelopment of the parcel itself. 26 - 3. It is in spirit of redevelopment of the site and is consistent with-previous requests and/or 27 plans for redevelopment of the site. 28 29 Motion carried unanimously. 30 Commissioner Makowske stated he found it difficult to justify the hardship for the rear yard 31 setback variance. 32 Motion by Franzese, seconded by Delmonico,to recommend City Council approval of the rear 33 yard setback variance of 18 feet, 6 inches from the required setback of the west lot line of the 34 Tires Plus site as it meets the variance criteria as follows: Planning Commission Regular Meeting Minutes September 17,.1996 Page 11 1 1. It will not alter the essential character of the locality but will allow the site to be 2 redeveloped into a reasonable commercial use. 3 2. The hardship was not created by the owner but by the location of the site between 4 a county road right-of-way and an interior driveway through this shopping center. 5 3. The proposal is adding onto an incompatible use, a Tire Company. 6 4. No one appeared to speak against the proposal. 7 Commissioner Franzese commended the developer and engineer for working out an amicable 8 agreement for the water problem that was previously identified and encouraged Staff to continue 9 to work toward the goals that had previously been established. 10 Voting on the motion: Commissioners Bergstrom, Delmonico, Franzese, Gondorchin, and Thompson 11 voted aye. Commissioners Horst and Makowske voted nay. 12 Motion carried. 13 14 Chair Bergstrom noted this issue will be addressed at the September 24, 1996.City Council 15 meeting. ' 16 Chair Bergstrom recessed the meeting at 8:35 P.M. and reconvened at 8:42 P.M. There was 17 Commission consensus to defer Items VII.A. and B. to follow Items VII.C. and VIII.A. 18 VII. CONCEPT REVIEWS. 19 C. Bona, Unocal Expansion. 20 Ms. Moore-Sykes reported Mr. Bona has decided to scale back his plans for expansion of his 21 service station due to construction costs and the lateness of the construction season. He would 22 like the Planning Commission to consider new plans that would allow him a modest expansion 23 and to incorporate the old meat market building into the building plans for repair bays. 24 Mr. Roger Bona, St. Anthony Unocal 2812-27th Avenue N.E., stated he regrettably had to go to 25 Plan B when he realized the previously approved plan would cost$1/4 million over his budget. 26 He has entered into an agreement with Belair Contracting of New Brighton. The proposed 27 building will be compatible with Kensington and First Bank. It will be of a rustic character 28 constructed of dark brick and will be functional for himself and the community. 29 Ms. Moore-Sykes explained the proposal will include a second floor. The current building and 30 the proposed addition have a rear yard setback of 10 feet. Since this is a major reconstruction 31 and will add an additional 18 feet to the building, it will require a setback variance of 10 feet. 32 This variance could be considered a rear yard, side yard, or setback in a residential area. 33 Chair Bergstrom asked if the required number of parking stalls would be provided. Planning Commission Regular Meeting Minutes September 17, 1996 Page 12 1 Mr. Bona stated they would. He noted he had approached all of his neighbors and had received 2 no negative comments to the proposal. He stated the proposal will allow the door through which 3 the cars enter to be positioned such that the noise will be aimed at his own property rather than 4 the neighboring properties. 5 Chair Bergstrom asked if Mr. Bona was still intending to install the plantings on the north side of 6 the lot. 7 Mr. Bona stated he did intend to do the plantings. He noted the neighbor who had previously 8 requested the plantings had been involved in the decision of types of planting and the process is 9 going well. He hopes to plant in the fall of this year. 10 Chair Bergstrom noted this proposal would require a variance and suggested Mr. Bona continue 11 to work with Staff to determine the details. 12 13 VIII. CONSULTANT REVIEW. 14 A. BRW. Inc. -Bill Weber. 15 Mr. Bill Weber,BRW, Inc., stated he had completed the Comprehensive Plan for the City of St. 16 Anthony in 1979. He stated he had a lot of related experience with many first ring suburbs 17 including Columbia Heights, Hopkins and Eau Claire, Wisconsin. He is currently working on 18 the Comprehensive Plan Update for Brooklyn Center, a City which is very similar to the City of 19 St. Anthony. 20 Mr. Weber stated his main objectives would be to create a practical handbook; understand and 21 address the key issues; address the needs of the Commission, City Council and Staff; be specific, 22 direct, clear and realistic; and meet the Metropolitan Council requirements. He stated the Update 23 would involve a continuum through the plan,written objectives and policies that pertain directly 24 to the issues, and working with the Commission to brainstorm and identify the Commission'`s 25 needs. He felt the main challenges of the Update would include stabilization of neighborhoods, 26 repositioning of the Shopping Center, accommodation of an aging and younger population, and 27 maintaining a"village"charm. The manners in which the emerging issues would be considered 28 would include"brainstorming"with officials and citizens,providing BRW, Inc.'s insights, and 29 thinking in a long-term basis. The manners used to communicate with citizens would include the 30 City newsletter,public workshops, chapter drafts, and displays. In summary, he felt BRW, Inc. 31 would be qualified for the position due to their experienced team, traffic and engineering advice 32 is available within the company, encore performance, and enthusiasm for the work. 33 Commissioner Franzese asked Mr. Weber how he intended to identify the issues which were 34 important to the City of St. Anthony. 35 Mr. Weber stated he would work with the Planning Commission and citizens using the nominal 36 group technique. This is a structured exercise to obtain ideas by brainstorming. There is no 37 criticism or judging. He will also bring forth issues based on his experience. Planning Commission Regular Meeting Minutes September 17, 1996 Page 13 1 Commissioner Gondorchin asked if BRW, Inc. employed surveys to draw out residents and how 2 much they cost. 3 Mr. Weber stated he did believe surveys were effective and stated the total cost including 4 writing,tabulating, and writing the results would be approximately $4,000 to $5,000. 5 Commissioner Horst asked if Mr. Weber was looking at this as an update or a.total redo of the .6 Comprehensive Plan. 7 Mr. Weber stated this will be a redo in the sense that,all the'maps are new, the text will be 8 different,the goals, objectives and policies will have to be examined, and there is the housing, 9 water and storm sewer element as required by the Metropolitan Council. He stated he realized 10 the City was on a budget of$30,000 and he felt his firm could complete the project within that 11 budget. .He stated he would require more help from City Staff and would use his time more 12 judicially. 13 Commissioner Franzese asked what BRW, Inc. would use to estimate demographics. She stated 14 the population had changed a lot since the last census report. 15 Mr. Weber stated he would use the census data but would also elicit the help of the School 16 District who may have more updated information. 17 Chair Bergstrom asked what Mr. Weber felt could be the biggest challenge that the Commission 18 was unaware of. 19 Mr. Weber stated he felt the City may encounter resistance to change. He noted he did not 20 foresee a lot of major problems or surprises. 21 Commissioner Franzese asked who would be involved in the projected five workshops. 22 Mr. Weber stated these workshops could include the Planning Commission and citizens. He 23. suggested these meetings be published well in advance and made to be interesting and fun. He 24 noted he anticipated completion of the Update within 7 to 9 months. 25 Chair Bergstrom asked what type of base map would be provided. 26 Mr. Weber stated all map work is done on the computer. The City will be provided with an 27 electronic form of the map which they can use. 28 The Commission thanked Mr. Weber for his time. Mr. Weber stated he felt he had a lot of good 29 related experience and looked forward to working with the City of St. Anthony again. 30 Planning Commission Regular Meeting Minutes . September 17, 1996 Page 14 1 VII. CONCEPT REVIEW CONTINUED. 2 A. Hark. 2914 - 36th Avenue N.E. 3 There was no one present to represent this proposal. 4 Staff presented proposal to the Planning Commission. 5 6 B. -_-_Beach. Townhomes-Verkins Addition. 7 There was no one present to represent this proposal. 8 9 Commissioner Gondorchin stated his initial reaction was that the variances in this proposal 10 appeared to be a convenience to the owners of the property. He stated he would prefer to see 11 single family homes in this area. 12 Ms. Moore-Sykes stated the developer has indicated that people do not want single family homes 13 adjacent to a freeway.' Staff has also asked Mr. Beach to decrease the number of townhomes in 14 the development and he stated this is not possible because of the cost of the land. 15 There was Commission consensus to ask the developer to reconfigure the plan and return in 16 October for a Concept Review. 17 IX. ACTION ITEMS. 18 A. TIFF Amendment Recommendation. 19 Morrison reported the City of St. Anthony has accumulated excess funds in some.TIF Districts 20 including Kensington and Chandler Nursing Homes. These funds can be used to fund other 21 development projects. An amendment is being proposed to allow the spending of the excess 22 funds on other projects. The amendment will not extend the life of the Tax Increment Districts 23 but will allow the funds to get a new project started. State statutes require that the Planning 24 Commission render an opinion on the amendment. 25 Commissioner Gondorchin suggested that some of the excess funds be set aside for streetscaping 26 and updating and extension of sidewalks. 27 Motion by Gondorchin, seconded by Makowske, that the Planning Commission has reviewed the 28 amendment to the City of St. Anthony Redevelopment Plan and has made the recommendations 29 contained in the minutes of the meeting. 30 Motion carried unanimously. 31 32 B. Ordinance Amendment Recommendation. 33 Ms. Moore-Sykes stated this was a recommendation for a proposed amendment to the ordinance 34 relating to certain setbacks in shopping centers which was prepared by the City Attorney. Planning Commission Regular Meeting Minutes September 17, 1.996 Page 15 - 1 Commissioner Gondorchin asked if a number had to be assigned to the number of establishments 2 that defined a shopping center. He also noted he felt the square footage was an important factor. 3 Chair Bergstrom stated he felt the intent of the Ordinance Amendment was good. 4 Commissioner Horst expressed his concern that there be equitable situations for all types of 5 businesses. 6 Morrison noted this would be included as a public hearing at the October Planning Commission 7 meeting. 8 9 C. Recommendation of Consultant for Comprehensive Plan Update. 10 Commissioner Gondorchin stated he preferred either BRW, Inc. or DSU as a consultant for the T 11 Comprehensive Plan Update. 12 Commissioner Horst stated he was concerned that DSU had given the impression that their 13 Update may not receive Metropolitan Council approval. He stated he was impressed with the 14 presentation given by BRW, Inc. 15 Commissioner Makowske`stated he liked the fact that BRW, Inc. had worked with the City of St. 16 Anthony in the past and that Mr. Weber indicated the company and himself have grown since 17 that time. He stated his two choices for consultant would be DSU and BRW, Inc. 18 Chair Bergstrom stated he would prefer BRW, Inc. or DSU. He felt that BRW, Inc. may be more 19 restrictive on the number of meetings included in the proposal. 20 Commissioner Delmonico stated he felt Mr. Weber appeared to be honest and more adaptable to 21 what the City wanted to do. DSU seemed more focused on what they wanted to do. 22 Commissioner Horst stated he would rather see the meetings involving a select committee and 23 not always being held in a public hearing format. 24 Chair Bergstrom stated he felt a committee should be created which included 3 or 4 members of 25 the Planning Commission, 2 members of the City Council, City Manager and Management 26 Assistant, School Boardmembers,representatives from the industrial businesses,retail 27 businesses, and churches in the area, a Realtor, members of service groups and a couple of at- 28 large delegates. 29 Commissioner Gondorchin suggested the committee contain some people from other 30 communities. 31 Momson suggested a reference check be conducted on the two companies. He also suggested the 32 City Council could interview the two candidates, if the Planning Commission so desired. Planning Commission Regular Meeting Minutes September 17, 1996 Page 16 1 Commissioner Gondorchin stated he still felt uncertain and would like to do a side by side 2 comparison. 3 Upon vote, Commissioners Delmonico, Franzese, Gondorchin, Horst, and Thompson preferred 4 BRW, Inc. as consultant for the Comprehensive Plan Update. Commissioner Bergstrom and 5 Makowske preferred DSU. There was Commission consensus to chose BRW, Inc. as consultant 6 -for the Comprehensive Plan Update. 7 There was Commission consensus to hold a joint work session to solicit ideas from the Planning .8 Commission and City Council before holding the joint kick off meeting with BRW, Inc. 9 10 X. MISCELLANEOUS. 11 A. Comments. 12 1. Commissioners -None. 13 2. Staff-None. 14 M. ADJOURNMENT. 15 Motion by Horst, seconded by Delmonico, to adjourn the meeting at 10:26 P.M. 16 Motion carried unanimously. 17 Respectfully submitted, 18 Lorri Kopischke 19 TimeSaver Off Site Secretarial STAFF REPORT DATE: October 15, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: 96-17 -- Side Yard Variance Request Nonconforming Use Variance Request Roger Bona, Unocal, 2801 Kenzie Terrace BACKGROUND: Roger Bona, the owner of the commercial property at 2801 Kenzie Terrace, is proposing to demolish the old Johnson Meat Market building that is part of his property and reconstruct a 4,000 SF building in the same footprint to house service/repair bays so that he may expand his service station business. Currently, the meat market building is approximately 10 feet into the side yard setback, which for commercial properties adjacent to residential areas, is 10 feet shy of the required side yard setback of 20 feet (1635.05, Subd. 7)._ Also, because the building is in the setback, by definition of the City Ordinance (Section 1660), this is a non-conforming structure. As such the Ordinance requires the ,discontinuance of a nonconforming structure should there be a change to that structure. Mr. Bona is proposing to reconstruct a building that will be more to his needs for his service and repair business. He investigated the-option of renovating the old Johnson Meat Market, but trying to bring the building up to current building code requirements was more expensiv_e.6at tearing down the existing building and reconstructing a more useable facility. He has considered several other options, but he feels this one is more cost effective and less disruptive. He was concerned that if the building became an addition to the existing service station, it would restrict traffic flow and void the parking variances he had already secured. Mr. Bona applied for and received approval in June for a conditional use permit for the expansion of the building and parking variances. Mr. Bona will not require additional consideration for parking with this proposal. 1 I RECOMMENDATION: Staff recommends approval of the 10 foot variance and a variance to continue the- nonconforming use of this site. Mr. Bona has stated that this proposal allows him to continue to use this property to its best use. It will not be detrimental to surrounding properties and will contribute to the redevelopment efforts of the City. 9617-SYV.RPT Fee: (R-1............$ 60.00 Other.........$100.00) CITY OF ST. ANTHONY Petition for Variance Applicant:_ ZE1 blew d �x Address: Phone: Status of applicant (owner, buyer, renter, agent, etc.): Street address and/or legal description of property petitioned for variance: 0),-7c>0 Z e- r ce.cSZ� Zoning district in which property is located: Request:_ ,� r1,r� ef 15�'Md /C-/00✓ ►Y' 025, n oT )'J"c.P� o f t� 4ir Minnesota Statutes and City. Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. ignature of Applicant 09 100 . 005, '3 .010 0 Al OV, 67LIS -CA'\LOpDc L,4 20 23 Is QFb G=Ml* Fr is IST. ccima F-xls c=-u I 7'U INC, l T IE PL-/AN 79C. J-5oo (V 6q.FT. PS AFFXo)kjrjA TF-) 11, 199 UNICAL- F;,L-pC,• AN-rHO14y, "N. C �—1 P, 1\-1 a MFOIAN 15c" KD. No. 153 cq;; M 1� B�51 A, ,,�'`� X,G.V� �,� �,� p ��-y X��•Q\Q NOF: p0 �?, N, — x°', , ,gyro ,�. x x°' � \�\.F, �MUR N 0 q•` / xo 1.15' — A,�9�— �`L —24�6.T 7 cv GAS M R x 1/� h lkLIARD$ yrLA rV x ,y1 40.4 p� lylp- �� 0� �g 1(O x°' \ G 0 dry ,.` y Q 1_ \ 9 ry xc'l X10 prac �x BITUMINOUS \N x p,\ ry. x '��I CONCRETE BLOCK n \ °���G��'�ti 7^ 0 x°' C) n BUILDING L Q j �G'�\ x a ���• OJ-'ry. ti J 6 eJ�b/ CONCRETE -hx°' 10� X(I O ory N!A xq rYv �•� .� } 9 gyp• 50.0 p y x°� 0p O� O� , 29.0 ♦ oO;0� c cb*) X 1y• X �app�� ti 0 G �Q4 x c�P�` ,�Q• x �o CN CONCRETE BLOCK `/ 0, l��c x POLE ,Qti 1p BUILDING 0, Q, 1p i\ �C m N 0 X xx BITUMINOUS TEL.ci ED l w per, x°' 0 rL X P.P. \ 14 xe Cb tx m O X oti cq x E`' tK N ` �• Q Q \" C1N1 I x p�. 31.2 Q S. a,— . x pp� �p��� o p°0� / �O .tt qp G� ra�A f� St. ANTHONY �6 UNOCAL October 9, 1996 City of St. Anthony Attn: Kim Sykes 3301 Silver Lake Road .St. Anthony, MN 55418-1699 RE: Request for Variance Property Address: 2700 Kenzie Terrace Applicant: James R. Bona Dear Ms. Sykes: I am writing to you in support of my request for a variance for the above property. I believe that the proposed variance would relieve an undue hardship pertaining to this property. The property is a relatively small irregular shaped lot which is difficult to improve. The proposed variance.,would provide for adequate parking for use as a commercial property. The granting of a variance will improve the traffic - flow on this piece of property: If the variance is not granted it would be very disruptive to the flow of traffic. The granting of this variance will not be detrimental to existing properties since the -existing building has been in its present location for many years. In fact I believe that improving this property as shown by the plans would actually increase the value of the neighboring properties by limiting noise towards the residential neighbors. If you have any additional questions or need additional information, please feel free to contact me. Ve my yours, Ja s R. Bona 2812 27th Ave N.E. Minneapolis, MN 55418 (612) 789-5148 St. ANTHONY O . UNOCAL �r V�r:�c� '• • � O-t Sim �. nn . c ntX b �pu` o � room erne A*s C� C�- . tt 2812 27th Ave N.E. Minneapolis, MN 55418 (612) 789-5148 STAFF REPORT DATE: October 15, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: 96-16 -- Side Yard Variance Request Assaad Hark, 2914 - 36th Avenue N.E. BACKGROUND: Assaad Hark, the owner of the property at 2914 - 36th Avenue N.E., has submitted a request for a side yard setback variance of 71h feet so that he may be able to build a-28' x 14' addition to the existing porch on the south side of his house. The proposed addition would allow the owner to make the current porch more useable and will be in line with the principal structure. The required setback for this lot is 30 feet because it is adjacent to 36th Avenue N.E. and Silver Lake Road. The existing home sits 30 feet from 36th Avenue N.E. but is only 15 feet from Silver Lake Road. The home immediately to the north of the subject property also sits 15 feet from Silver Lake Road and the home immediately south of the subject property is 30 feet from Silver Lake Road. The City Ordinance states that the structure must be 30 feet from an adjacent street. The owner would like to request that the sideyard have a depth equal to the greater of 30 feet or a distance equal to the average of the two adjacent lots. If the average of the two adjacent lots can be used to calculate the variance needed for the construction of this addition, then the setback would be 221h feet and Mr. Hark would need a 71h foot variance. The house is situated on a 10,200 square foot corner lot at 36th Avenue N.E. and Silver Lake Road. The construction of this proposed addition will not impact the lot coverage requirement. Once the project is complete, the total footprint of the residence will occupy 2,167.5 square feet, or 21.% of the total lot square footage. The City Ordinance restricts lot coverage to 35% and Mr. Hark does maintain that requirement with the proposed addition. As they indicated in their letter submitted with the application, an addition to the porch would give them much needed living space and allow them to better utilized their property. They have contacted their immediate neighbors that would be impacted most by this addition and received favorable responses from them. Staff have not received any information from anyone in the neighborhood who objects to the proposed addition. n RECOMMENDATION: Staff recommends approval of the variance request of 7'h feet in order to construct as addition to an existing porch, provided that the applicants complete the construction within 12 months as stipulated in the City Zoning Ordinance. This addition would provide more liveable space for the owner and his family. The construction of the addition would be such that it would not extend beyond the wall of the existing structure, it would blend with existing structures and would buffer backyard activities from Silver Lake Road. The applicant has demonstrated hardships that make it difficult to improve their property without a variance. This situation is unique for the following reasons: 1. The property has the principal`residential structure,already sitting in the side yard setback. The principal structure was built in 1961, before the City's zoning ordinances were codified. 2. This property is _also a corner lot, which through setbacks, limits the buildable area. 9616-SYV.RPT SEP. -OT 96(FRI) 11 :46 CITY OF ST. ANTHON TEL:612 181 9323 P. 002 Fee: (R-1............$ 60.00 Other.........$100.00) CITY O1= ST. ANTHONY Petition for Variance - Applicant: � -� Address: 4 e Phone: - 3 9�NA 2 Status of applicant (owner, buyer, renter, agent, etc.): gAey, Street address and/or legal description of property petitioned for variance: !� Zoning district in which property is located: Re C Caewe Request: ' ; exu fl^ Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. I. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue ard_shim as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2.. The purpose of the proposed variance is not based exclusively upon a desire to Increase the value or income potential of the parcel of land, but would cor ect ext ao dina circumstances applicable to this property but not applicable to other property In the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. o pp rcan I I I T—' 1 I � I �ENI uV E � 'HAT 1 o AP:—v (z--O Y ! l u l s}(o' 4.S -- ' Z`lU"� it.U /GX}✓Tll.i��. 4`' / 19 to r4 el",tfsaL IP YKOVOSEU r�. ----.....- c- Li.okLS.0 I '" T'1�AT FtiQ M �k 1 S T1 N G+ VF-Z, f35. v . � vRT• 3 r>�-o-r r��fa�-► I :w�.�.�. ►' z o' pb DI U� Sawhorse Designers°.♦Builders Since 1977 September 17, 1996 City of St. Anthony Petition for variance Re: Hark residence 2914 36th Ave. NE To whom it may concern, The above residential property is on the corner of 36th Ave. NE and Silver Lake Road. The required setback on both streets is 30 feet. The existing home is currently setback 15 feet from Silver Lake Road. The home across 36th Avenue also is setback 15 feet, while the home immediately to the south has a 30 foot setback. It is our understanding that the allowed average setback in this situation would be 22 1/2 feet. We are requesting a variance of 7 1/2 feet to the allowed setback. The following conditions are offered for review: 1) The particular physical shape of the property, (being on a corner lot) immediately restricts the buildable area. If,.required setbacks were strictly enforced, it. would allow less usable footage than adjacent properties, ^thus 6ausing undue hardship on this homeowner. 2) The granting of the variance would allow our addition to align with the established sideyard setback of our home as well as property across the street. This would allow neighborhood characteristics to be maintained. 3) Since the initial constuction of the home, the required setback (towards Silver Lake Road) must have changed from 15 to 30 feet, thus the. hardship has been caused by current city ordinance. And finally, allowing our homeowners to maintain their current setback would allow constuction of a much needed family room addition, that architecturally would blend with existing structures and buffer backyard activities from Silver Lake Road. Thank you for consideration in this matter. Sincerely, Rick Riley staff architect 4740 42nd Ave.N. ❖ Robbinsdale,Mn.55422 ❖ (612)533-0352 FAX(612)533-2668 Lic.2382 CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, October 15, at 7:05 P.M. or as soon thereafter as possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner).for:the following purpose: Applicant: Assad Hark Property Address: 2914 - 36th Avenue NE Proposal: Request for a 7.5 foot variance.from.the required 30 foot side yard setback when adjacent to a street, to allow construction of an addition to the south.side of the structure. 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 Management Assistant at 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. Kim Moore-Sykes, Management Assistant Publish: . St. Anthony Bulletin October 2, 1996 MEMORANDUM DATE: September 30, 1996, TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: Meeting with BRW, Inc. We met 'with Bill Weber and Suzanne Rhees on September 25 to go over their proposal and the scope of work based on the $39,000 proposal versus doing the Comprehensive Plan Update for $30,000. Bill showed us a worksheet outlining the scope of work that he and BRW would do for $30,000. Essentially, Bill's time would be very limited on this project; most of the work would be done by City Staff and Suzanne. It also would not include submission of the Comp. Plan Update to the Metropolitan Council. This, as well as any revisions, would have to be done by Staff. Without Bill's input and work on this project, I feel the Comprehensive Plan will not be completed in a timely manner nor would we have any assurances that it would be acceptable to the Metropolitan Council. These factors could potentially cause the update to take more time than is necessary and be more costly in the end. I would recommend that we accept the BRW bid for $39,385 as submitted. We have $5,000 budgeted for this year and $5,000 budgeted for next year in order to start this project. The remaining $29,385 could be paid through the HRA. The following is the schedule of initial meetings with Bill to get the Comp. Plan Update project going: 10/8 City Council Meeting — Approval of contract. 10/29 Joint Kick Off Meeting'— Council and Planning Commission 1/15/97 First meeting with Committee BRW can provide other services to the City for the Update, such as a Water Resource Plan and a community survey. These would be at an additional cost. The Water Resource Plan is a required portion of the Comprehensive Plan Update, which we will have to go out to bids for.. Bill indicated that BRW would also be interested in submitting a bid for this as well. If we wanted them to do a survey, the cost (estimated between $4,000 - $5,000) would be added to the current contract. St. Anthony Comprehensive Plan Workshop #1 with the City Council and Planning Commission 29 October 1996 1. Introductions Consultants Bill Weber and Suzanne Rhees will be present from the firm of BRW. 2. Over view of the Plan (by BRW) • Purpose and Use of the plan • Contents • Schedule of Milestones and Meetings • Role of the Staff, Planning Commission, City Council and Members of the Public • Metropolitan Council Requirements(generally) Questions and discussion. 3. Exercises to Identify Preliminary Planning Issues and Concerns Two exercises will be led by Bill Weber and Suzanne Rhees to elicit ideas from the members present: 1. Nominal group technique to identify the strengths, weaknesses, opportunities and threats of/to the City of St. Anthony 2. Nominal group technique to identify items that officials and staff would like to see the planning process address and resolve. These should be stated in the form of questions (e.g., what should the City do, if anything, to respond to the changing demographic profile of the community?). These two exercises will take about 60-90 minutes. BRW Project # BR W, INC. SERVICE AGREEMENT FOR THE CITY OF ST. ANTHONY THIS AGREEMENT is made effective as of'this 30th day of September, 1996, by and between the City of St. Anthony("City"), a municipal corporation of the State of Minnesota with an address at 3301 Silver Lake Road, St. Anthony, MN, and BRW, Inc., also known as BRW Planning, Transportation and Engineering, Inc., ("BRW') a Wyoming corporation with an address at 700 Third Street South, Minneapolis, MN, 55415. RECITALS WHEREAS, City desires to retain BRW to provide certain professional services with respect to City's project known as the Comprehensive Plan Update ("Project"); and WHEREAS, BRW agrees to provide such services upon the terms and conditions contained herein. NOW THEREFORE, the parties hereto agree as follows: SECTION 1: BRW'S RESPONSIBILITIES 1.1 BRW agrees to provide the professional services ("Services") described in Exhibit A attached hereto and. made a part hereof. BRW may also perform additional tasks as may be requested by City and described on an Addendum executed by the parties in substantially the form attached hereto as Exhibit B. Any Addendum shall have the same force and effect as if executed as part of the original Agreement. In performing our Services, we will use that degree of care and skill ordinarily exercised under similar circumstances by members of our profession practicing in the same locality. 1.2 The parties hereby agree that situations may arise in which services other than those described on Exhibit A are desired by City, and.the time period for completion of such Services makes execution of an Addendum impractical prior to the commencement of BRW's performance of the requested Services. BRW hereby agrees that it shall perform.such Services upon the oral request of City, pending execution of an Addendum, at its standard hourly billing rates. 1.3 BRW will perform the Services as an independent contractor, and shall not be deemed, by virtue of this Agreement to have entered into any partnership,joint venture or other relationship with City. . 1.4 Bill Weber is designated by BRW as the Project Manager for BRW's Services. Kim Moore-Sykes is designated by City as the City's Project Manager. Either party may rely.upon the representations, approvals or other actions of the other party's Project Manager. 1.5 BRW represents and agrees that BRW has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment or any agreement for payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. BRW further represents and agrees that he has not now and will not acquire any interest, direct or indirect, present or prospective, in any of the property subject to this Agreement, during the term of this Agreement. BRW further represents that it has not employed, and will not employ in connection with the Services to be performed hereunder, any person having an interest, direct or indirect, in any of the property subject to this Agreement during the term of this Agreement. 1.6 BRW agrees to provide the necessary Workers' Compensation insurance at BRW's own cost and expense for itself and any employees employed by BRW. BRW, and consulting agent and employees in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the City. STANCONT.WPD Rev. September 30, 1996 Page 2 1.7 During the performance of the Agreement, BRW shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and.selection for training, including apprenticeship. BRW agrees to post in conspicuous places, available to employees and applicants for employment notices which set for the provisions of this non-discrimination clause. BRW will, in all solicitations or advertisements for employees place by or on behalf of BRW, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, marital status, or public assistance status. BRW shall comply with any applicable Federal or State laws regarding non-discrimination. 1.8 NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AT COMMON LAW OR CREATED BY STATUTE, IS EXTENDED, MADE OR INTENDED BY THE PROVISION OF PROFESSIONAL SERVICES . AND ADVICE OR BY THE FURNISHING OF THE PROFESSIONAL WORK PRODUCTS PURSUANT_ TO THIS AGREEMENT. 1.9 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, including job site safety. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our Services shall not relieve others of their responsibility to you or to others. 1.10 The Project shall be completed within twelve months of the effective date of this Agreement, as further described in Exhibit D "Schedule". If the scope of work changes, BRW will give timely notice of the change and receive an equitable adjustment of compensation. ' 1.11 The standard of care for all professional services performed or furnished by BRW under this Agreement will be the care and skill ordinarily used by members of BRW's profession practicing under similar conditions at the same time and in the same locality. BRW shall comply with all applicable federal, state and local laws and regulations in the performance of its Services under this Agreement. If BRW believes that compliance with the City's directions could violate applicable professional standards or ethics, or applicable governmental laws or regulations,then BRW shall so notify City in writing. SECTION 2: CITY'S RESPONSIBILITIES 2.1 City agrees to provide BRW with all known information, conditions, standards, criteria and objectives which affect the Services, and BRW shall be able to rely on the accuracy of such information. 2.2 City agrees to provide BRW with access to the site, if necessary to complete BRW's Services. 2.3 City will examine all studies, reports, sketches, drafts or other documents prepared by BRW for City's review in a timely manner, and generally render decisions and provide information in such a manner as to prevent delay of the Services. City understands that such delays may result in increased costs to BRW. In this event, the parties will review and possibly renegotiate the Project Fees. SECTION 3: DOCUMENTS AND REPORTS 3.1 Documents, diagrams, sketches, surveys, computer files, working drawings, and any other materials created or prepared by BRW as part of its performance of this Agreement (the "Work Products") are instruments of BRW`s service. Upon City's acceptance of the Work Products, they shall become the property of the City. STANCONT.WPD Rev. September 30, 1996 Page 3 3.2 If City does not make payment in full as provided in this Agreement, City agrees to deliver all Work Products previously transmitted to City for which payment has not been made, upon demand by BRW, and not to use such Work Products for any purpose whatsoever until payment for such Work Products has been received. 3.3 Project records and Work Products will be retained by BRW for a period of five years following completion of the Services. Project financial records will be retained for a period of three years. City understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware, which may become unavailable over time. 3.4 Records of BRW's direct personnel, consultant, and reimbursable and other expenses pertaining to the Services and records of accounts between City and BRW shall be kept on a generally recognized standard accounting basis and shall be available to City or its authorized representatives at mutually convenient times. SECTION 4: COMPENSATION 4.1 Our pricing of our Services is predicated upon your acceptance of the conditions and allocations of risks and responsibilities described in this Agreement. BRW agrees to perform the Services for an amount not to exceed the fees and expenses described on Exhibit C attached hereto and made a part hereof. An estimate or statement of probable cost is not a firm figure unless stated as such. 4.2 BRW will submit invoices.to City monthly. City will pay the balance stated in the invoice within thirty (30) days, unless City informs BRW in writing of objections to the invoice within that thirty day period. Any retainer paid by the City hereunder shall be credited to BRW's last invoice for Services rendered. 4.3 Any invoiced amounts outstanding after thirty days will bear interest at the rate of 1.5% per month (18% per annum), or the maximum permissible by applicable law, whichever is less, from the thirtieth day following the date of the invoice, until paid. 4.4 BRW shall be entitled to recover all attorneys' fees dispute resolution fees, court costs and other expenses incurred in the collection or attempted collection of any amounts due under this Agreement, if it prevails in such actions. 4.5 At BRW's option, BRW may temporarily cease to perform the Services or elect to terminate this Agreement if invoiced amounts are unpaid sixty days after the date of any invoice. In no event shall BRW be liable for any damage or expense resulting from such termination or work stoppage. 4.6 City's obligation to pay for the Services shall not be reduced or in any way impaired by City's inability to obtain financing, governmental approval of the Project, or for any other cause. No deduction shall be made from any invoice because of penalty, set-off or liquidated damages. SECTION 5: RISK, DISPUTES AND DAMAGES 5.1 The parties agree that all disputes between them will be submitted to a mutually agreeable neutral mediator, as a condition precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apportioned equally between the parties. 5.2 BRW shall not be responsible for delays caused by factors beyond its reasonable control, including but not limited to delays caused by Acts of God, accidents, failure of any governmental or other regulatory authority to act in a timely manner, or failure of City to furnish timely information or to approve or disapprove BRW's Work Products promptly. STANCONT.WPD Rev. September 30, 1996 Page 4 5.3 Neither party will be liable to the other for special, incidental, consequential or punitive losses or damages, including.but not limited to damages resulting from delay, loss of use, loss.of profits or revenue, or cost of capital. 5.4 Neither party will be liable to the other unless suit is commenced within two years of the date of loss or injury, or within two years after the completion of Services, whichever is earlier. City agrees to notify BRW of any claimed negligent act, error or omission within thirty days of the date of its discovery and to provide BRW with the opportunity to investigate and to recommend ways of mitigating damages as a condition precedent to litigation or other remedies provided by law. 5.5 Many risks affect us by virtue of entering into this Agreement to provide professional services. For you to obtain the benefit of a fee which includes a reasonable allowance for our risk, City agrees that BRW's aggregate liability will not exceed the fee paid for our Services or$50,000, whichever is greater, for BRW's alleged negligent acts, errors or omissions, and you agree to indemnify us from all liabilities to others arising from this Project in excess of that amount. If you are unwilling to accept this allocation of risk, we will waive this provision, provided that, within ten days of this Agreement, City agrees in writing to an increase in our fees of 10% or$500, whichever is greater, to compensate BRW for the increase in risk. 5.6 BRW will maintain during the term of this Agreement, insurance coverage with insurers reasonably acceptable to City in at least the following amounts: Coveraee Limits A.. Workers' Compensation Statutory B. Employer's Liability $100,000 C. Commercial General Liability $1,000,000 each occurrence, $1,000,000 aggregate $1,000,000 products and completed operations D. Comprehensive Automobile Liability $1,000,000 (combined single limit) each occurrence E. Professional Liability $250,000 any one claim BRW shall furnish copies of insurance certificates to the City evidencing that it maintains at least the above insurance coverage. 5.7 Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other party, employees, agents or contractors performing under this Agreement, and each party shall indemnify, defend, and save harmless the other party from such damages or liability caused by the party at fault. 5.8 BRW shall,indemnify and hold harmless the City and its council members, officers, employees and agents from and against any and all losses, damages, claims, liability and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney's fees) which any or all of them may hereafter incur, be responsible for, or pay out as a result of bodily injuries or death to any person, or damage (including loss of use)to any property (public or private) to the extent caused by any negligent act, negligent omissions, breach of representations or willful misconduct of BRW, its agents, employees or contractors, in the performance of the Services. 5.9 Subject to the statutory limits on the City's liability, the City shall indemnify and hold harmless BRW,'and its shareholders, directors, officers, employees and agents from and against any and all losses, damages, claims, liability, and costs and expense incidental thereto(including costs of defense, settlement and reasonable . attorney's fees) which any or all of them may hereafter incur, be responsible for, or pay out as a result of bodily injuries (including death) to any person, or damage (including loss of use) to any property (public or private) which arise out of or are caused by any negligent acts, negligent omissions or willful misconduct of the City or the City's employees or agents. STANCONT.WPD Rev. September 30,. 1996 Page S SECTION 6: MISCELLANEOUS PROVISIONS 6.1 This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated, and supersedes all prior agreements and understandings between the parties with respect to the 'Services. 6.2 Neither party may assign this Agreement without the written consent of the other party. 6.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party. 6.4 City shall be responsible for all state and local gross receipts, sales, use, value added or personal property taxes, however designated, or amounts in lieu of the above taxes paid or payable by BRW, including interest or penalty assessed against BRW for such taxes through no fault of BRW. City also agrees to furnish BRW upon request any exemption certificates, proof of payment or other documentation requested by BRW. 6.5 Each provision of this Agreement is intended to be severable. If any provision of this Agreement is declared illegal or invalid for any reason, such illegality or invalidity shall not affect the remainder of this Agreement. 6.6 This Agreement shall be interpreted according to the law of the state in which BRW office conducting these Services is located, as specified in the first paragraph of this Agreement. 6.7 This Agreement may be terminated in writing by either party upon seven days written notice. City shall pay BRW all earned fees and reimbursable expenses incurred up to the date of termination. 6.8 BRW shall not disclose information obtained from or relating to the City or the Project except upon authorization by the City or as may be required by law or administrative order. BRW and its personnel will not publish, in any technical articles or otherwise, information obtained without the prior written consent of the City. 6.9' This Agreement is subject to the provisions of the following Exhibits which are attached to and made a part of the Agreement: Exhibit A, "Services", Exhibit B, "Addendum Form", and Exhibit C, "Fees". IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. BRW, INC. CITY OF ST. ANTHONY By: By: Title: V Title: Date: �© �10 Date: STANCONT.WPD Rev. September 30, 1996 EXHIBIT A SERVICES 1.0 Analysis of Conditions 1.1 Planning Commission and City Council Workshop #1 Meet with the City Planning Commission, City Council, City staff and member of the public to brainstorm and discuss community strengths and weaknesses, problems and opportunities, what they would like to see in the plan and how the plan could help them. Record all ideas and use them as a guide for the written summary of conditions and issues. 1.2 Prepare Base Map Prepare an updated base map of streets and parcels using materials supplied by the City. 1.3 Summarize Conditions and Issues Prepare a concise description of the strategic and practical issues facing St. Anthony now and those looming over the horizon. Blend the ideas of the Planning Commission and those of the consultant team. Focus on presenting background sufficient to help the reader understand the issues while also meeting the requirements of the Metropolitan Council. Review with City staff and revise as needed. Prepare copies for distribution to staff and Planning Commission. Review the City's Regional System Statement from the Metropolitan Council. Specific land use inventory: Include a maps of existing land use, a table of acreage by land use type, a table of residential densities, a list of development restrictions and other factors that reduce development densities (such as required setbacks from lakes). Identify locations of apparent land use incompatibility, creeping obsolescence or underutilized potential. Specific transportation inventory: functional classification of roadways, map of number of lanes per roadway, and current average daily traffic volumes on metropolitan arterial roadways, analysis of existing problems, and a map of projected future traffic volumes (for year 2020). For transit, include a description of facilities and programs supporting transit and other alternatives to the single-occupant auto, and a map of transit routes. Specific parks inventory: map of existing parks; matrix of facilities by park; summary of recreation needs to the year 2010. Specific housing inventory: A description of St. Anthony's housing needs according to the seven subjects required by the Metro Council based upon 1990 Census data and information that may be contained in the City's recent Liveable Communities Act submission. Complete the required "Worksheet C", Housing Units and Households, which describes the city's housing and population composition. Specific wastewater facilities inventory: Describe the capacity along with the existing and forecast flows into the metropolitan wastewater system. Prepare a map of interceptor service STANCONT.WPD Exhibit A - 1 Rev. September 30, 1996 areas. Identify the extent and sources of existing infiltration and inflow problems and what can reasonably be removed. 2.0 Goals and Objectives 2.1 Update Goals and Objectives Starting with the goals and objectives of the 1979 plan, prepare updated statements that respond to the identified issues. Be as specific as possible and avoid "motherhood and apple pie" statements that no one is going to argue with. Review with staff, revise and distribute to the Planning Commission. 2.2 Planning Commission Workshop #2 Meet with the Planning Commission to review the consultant's analysis of conditions and the draft goals and objectives. Begin to discuss specific elements of the plan. 3.0 Plan Elements 3.1 Land Use Plan Prepare policies that respond to the issues and objectives. (A policy is a specific statement of what the City will do or how it will respond to certain conditions.) Prepare an updated map of the desired land use pattern. Concentrate on locations where adjustments may be needed in the near or longer-term future because of changes in the market, declining building conditions and/or new opportunities. Highlight locations of change, as there are expected to be relatively few of them. Describe the purpose and rationale for each land use change. Describe changes in zoning, streets, utilities or other controls or spending that may be needed to accomplish the desired changes. For the Metropolitan Council, note the changes for years 2005 to 202 by five-year increments (should be very minor). Calculate future urban land needs (should also be minimal). Also, describe how the City will continue to protect sensitive lands or land uses such as wetlands, floodplains, steep slopes and historic properties. If there are any major land use changes planned, note the difference in type and intensity by Metro Traffic Assignment Zone. 3.2 Transportation Plan Meet with the staff of the Metropolitan Council to determine the level of detail and the amount of information that will be required for the St. Anthony Comprehensive Plan. Seek relief from the literal interpretation of the Metropolitan Council's requirements on the basis that St. Anthony is a fully developed community and expects very few land use changes over the next 20 years that would have an impact on the metropolitan highway system. Based upon the outcome of the meeting with the Metropolitan council staff, and in consultation with City staff, conduct some or all of the following tasks: Update the plan for roadway functional classification. STANCONT.WPD Exhibit A - 2 Rev. September 30, 1996 • Forecast and map average daily traffic volumes on the metropolitan roadway system using information from the Counties. • Note locations of forecast congestion, if any, and intersections currently or potentially in need of safety and congestion improvements. • Include forecast.changes in land use and employment that may affect future traffic and a plan for ndnin,izing access to non-freeway principal arterial. • Include a plan for enhancing pedestrian and bicycle movement. 3.3 Park System Plan Prepare a map and text describing park system improvements and additions. 3.4 Housing Plan Prepare a housing plan, based upon the City's recent Liveable Communities Act goals, that describes actions the City will take to move toward becoming or maintaining a life-cycle housing community. Outline policies and implementation program elements that the City will take to achieve its housing goals, including official controls, housing maintenance programs. 3.5 Water Resource Management Plan Include the City's existing, approved surface water management plan as it presently exists, without changes. Incorporate the nine points from the Metropolitan Council's-Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Area Water Bodies. 3.6 Wastewater System Plan Meet with the staff of the Metropolitan Council to determine the level of detail expected for the wastewater system plan for the St. Anthony Comprehensive Plan. Seek relief from the literal interpretation of the Metropolitan Council's requirements on the basis that St. Anthony is a fully developed community and expects very few land use changes over the next 20 years that would have an impact on the metropolitan sanitary sewer system. State in the plan for the Metropolitan Council that St. Anthony is a fully developed community and expects no land use changes during the next 20 years that would appreciably affects its total sewage outflow nor the outflow from any of its local service areas. Complete the Metropolitan Council's Worksheet D, Projecting Your Community Wastewater Flows into the Metropolitan Wastewater System. Prepare policies and strategies for preventing and reducing excessive inflow and infiltration into the metropolitan wastewater system. Consult with the City staff regarding current and past practices to reduce inflow and infiltration. 3.7 Water Supply Plan Include the City's existing, approved water supply plan as it presently exists, without changes. STANCONT.WPD Exhibit A - 3 Rev. September 30, 1996 3.8 Solar Access Protection Plan Prepare objectives and policies to protect solar access and a description of plans for implementing these objectives. and policies. 3.9 Workshops #3, 4 and 5 Meet with the Planning Commission to review and refine the draft plan elements, concentrating on one or two subjects each meeting. The City Council could, of course, be invited to attend these meetings, also, if desired. Receive approval from the City Council to submit a draft plan to the Metropolitan Council for their 90-day review for consistency with Region systems. 3.10 City Council Review Submit a draft of the plan to the City Council after it has been through the Planning Commission, summarize it for them and record their comments. 4.0 Implementation Program 4.1 Official Controls Describe any changes to zoning, sign, subdivision or other official controls that may have been determined necessary to implement any of the preceding plan elements, particularly land use and transportation. 4.2 Capital Improvements Program With the assistance of City staff, prepare a five-year capital improvements program listing major improvements to streets, the wastewater system, the surface water drainage system and parks. Indicate timing and funding sources. 5.0 Metro Council Review 5.1 Plan Submission. Submit copies of the plan to the Metropolitan Council along with the required submission checklist. Meet with Metro'Council staff as needed.to answer questions. 5.2 Plan Amendment. Revise the draft plan as required by the Metropolitan Council. Review all major revisions with City staff and, possibly, Planning Commission or City Council. 6.0 Public Hearing Prepare copies of the draft plan for public review. Summarize the plan at a public hearing before the City Council. Revise the plan as directed by the City Manager. 7.0 Final Document STANCONT.WPD Exhibit A - 4 Rev. September 30, 1996 Prepare a final draft of the plan. Prepare 30 copies in three-ring binders. Submit original paper copies of the text and graphics for further copies. Submit the text and graphics on disk in formats compatible with the City's system. STANCONT.WPD Exhibit A - 5 Rev. September 30, 1996 EXHIBIT B ADDENDUM FORM Addendum No. to Services Agreement This Addendum to that certain Services Agreement dated September 30, 1996, is made effective as of_ , 199_, by and between the undersigned parties. The Addendum immediately preceding this Addendum was dated 199 1. Services to be provided: 2. Fees: 3. Schedule: CITY OF ST. ANTHONY By Title Dated BRW, INC. 700 South Third Street Minneapolis, MN 55415 .By Title Dated STANCONT.WPD Exhibit B - 1 Rev. September 30, 1996 EXHIBIT C FEES Payment shall be on the basis of hourly labor charge rates plus.direct charges, with a not to exceed limit of$39,385 as further detailed on the next page, entitled Project Budget. Direct charges shall include but not be limited to: report photocopying, expense of auto transportation, courier and overnight delivery fees. STANCONT.WPD Exhibit C - 1 Rev. September 30, 1996 Project Budget: St. Anthony Comprehensive Plan Update September 30, 1996 Graphics- Task Weber Rhees Holstein Brown Typing Subtotal ---------------------------------------------------------------------------------=---------------------------------------------------------------- Workshop#1 6 _ 6 $900 Base map 2 8 490 Conditions and Issues 8 80 16 16 64 10,840 Goals and Objectives 2 8 2 780 Workshop#2 6 6 16 1,620 Land Use Plan 24 40 24 5,720 Transportation Plan 4 5 32 16 3,465 Park System Plan 4 16 8 1,740 Housing Plan 8 8 4 1,380 Water Resrouces Plan 4 260 Water Supply Plan 4 260 Solar Access Plan 2 130 Workshops#3, 4, and 5 18 24 16 3,810 Official Controls 8 2 610 CIP 2 8 4 870 Draft Document 4 16 16 2,100 Metro Council Review 16 16 1,760 Public Hearing 4 340 Final Document 2 8 8 1,050 -------------------------------------------------------------------------------------------------------------------------------------------------- Totals 92 265 48 16 204 $38,385 Labor Rates $85 $65 $65 $65 $45 Labor Charges $7,820 17,225 3,120 1,040 9,180 $38,385 Direct Charges $1,000 Not-to-Exceed Cost $39,385 09/30/96 EXHIBIT D SCHEDULE The Project shall be started within one month of the date a signed contract is received by BRW. It is anticipated that the work can be completed within 12 months of the date a signed contract is received. The following is the approximate schedule of major Project milestones: Month Milestone _ i 1 Kick-off meeting with City Council and Planning Commission (Workshop #1) i 3 Submit the draft analysis of conditions and issues (Task 1.3) j 3 Submit draft goals and objectives 4 Workshop #2 5 Submit draft land use plan 6 Submit draft transportation plan 6 Submit draft parks and housing plans 7 Workshop #3 8 Workshop #4 8 Submit draft implementation program 9 Workshop #5 10 City Council Review 10 Submit draft plan to Metropolitan Council 11 Amend Plan j 12 Hold public hearing 12 Prepare final document i f I I I , I STANCONT.WPD Exhibit C - 2 Rev. September 30, 1996 a 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 SEPTEMBER 10, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 8:05 P.M: following the closure of the polls for the Primary 6 Election. The Pledge of Allegiance was suspended as the Council flag was in the polling area. 7 U. ROLL CALL. 8 Councilmembers Present: Ranallo,Marks, Wagner and Faust. 9 Also Present: City Manager Michael Mornson. 10 Councilmembers Absent: Enrooth. 11 III. APPROVAL OF SEPTEMBER 10, 1996 COUNCIL AGENDA. 12 Motion by Wagner, second by Marks to approve the September 10, 1996 Council Agenda'as 13 presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF AUGUST 27, 1996 COUNCIL MINUTES. 16 Motion by Marks, second by Wagner to approve the August 27, 1996 Council minutes as 17 presented. 18 Motion carried unanimously. 19 V. LICENSES/PERMITS/PETITIONS. 20 Motion by Marks, second by Faust to approve the following licenses: 21 Heating.License: 22 Brooklyn Air Heating &Air Conditioning, Mpls.,MN/working at 3608 Belden Drive 23 Kath Heating &A/C,Little Canada, MN/working at 2908 Townview Avenue 24 Contractors License: 25 The Quimby Company,Mpls., MN/re-roof at 2816 Anthony Lane South 26 Crosstown Sign,Blaine, MN/sign at Apache Medical Building 27 Scenic Sign Corporation, Sauk Rapids,MN/no permit pulled Motion carried unanimously-. 28 29 30 Motion by Wagner, second by Faust to approve the following permits: 31 Temnorary 3.2 Beer Park Permit: 32 Central Park/Unisys/September 12, 1996 33 Central Park/Philly Picnic/September 19, 1996 34 35 Voting on the Motion: 36 Aye: Faust, Wagner, and Ranallo 37 Nay: Marks Motion carried. 38 City Council Regular Meeting Minutes September 10, 1996 Page 2 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Wagner to approve the following claims: 3 A. Foster Oiile Wentzell&Brever in the amount of$2,600.00 for professional services 4 rendered for the month of September, 1996. 5 B. Dorsey& Whitney in the amount of$1,994.02 for legal services rendered through July 6 31, 1996. 7 C. -Bill Bruce A/V Design&Production in the amount of$925.00 for Equipment Design for g the City Hall/Community Center. 9 D. 3 pages of Verified Claims as presented by the Finance Director. -10 City Manager.Morrison explained the amount of$925.00 to Bill Bruce A/V Design& Production 11 was the second of two payments for this amount. Motion carried unanimously. 12 13 VII. REPORTS. 14 A. Councilmembers. 15 Councilmember Wagner noted that the Director of the Library will be speaking on 16 September 19, 1996. He encouraged Councilmembers to attend to commend Jeff for the 17 good work he has done at the St. Anthony Library and also to meet the new Librarian. 18 Thee was Council consensus to direct Staff to draft a letter to Jeff to express the 19 Council's appreciation for the services he had given to the St. Anthony Library. 20 Councilmember Faust reported his attendance at a meeting of a Property Tax Reform 21 Task Force where a position on property tax reform was prepared for the League of 22 Minnesota Cities. This position will be presented to the Improving Fiscal Futures Policy 23 Committee next Thursday. This hopefully will be the position the League of Minnesota 24 Cities will present at the Legislative session next year. 25 Councilmember Marks reported the St. Anthony Orchestra was playing tonight at a 26 National Conference for an Automobile Service Organization. 27 28 B. Mayor. 29 1. Proclamation Recoanizing_the 75th Anniversary of the Salvation Army's Silver 30 Lake Camp. 31 Motion by Marks, second by Wagner to approve a Proclamation recognizing the 32 75th Anniversary of the Salvation Army's's Silver Lake Camp. Motion carried unanimously. 33 34 Mayor Ranallo presented Shawn McAlpine of the Salvation Army with a 35 Proclamation recognizing the year of 1996 as the 75th Anniversary of the 36 Salvation Army.Silver Lake Camp's commitment_and dedication to children and c City Council Regular Meeting Minutes September 10, 1996 Page 3 1 to families. Shawn McAlpine,Director of the Salvation Army thank ed the Council for their 3 kind words of appreciation. He outlined the agenda for the 75th Diamond 4 Anniversary Celebration which is scheduled for September 15, 1996. A pancake 5 brunch will be served at 11:00 A.M. by the St. Anthony Kiwanis. In the afternoon 6 there will be dedication of a picnic shelter which was donated by the Downtown 7 Minneapolis Kiwanis and a Women's Auxiliary Craft Building which was 8 donated by Vance C. Demong. Other activities will include a children's band, fire 9 engine and police car display,clowns, face painting, pontoon rides and other 10 miscellaneous events. 11 2. Proclamation Declarine Kiwanis Peanut Day. 12 Mr. Jerry Brede and Mr. Ted Holsten were in attendance to request that St. 13 Anthony proclaim Friday, September 27, 1996 as St. Anthony Kiwanis Peanut 14 Day. 15 Motion by Marks, second by Wagner to approve a Proclamation designating 16 Friday, September 27, 1996 as St. Anthony Kiwanis Peanut Day. Motion carried unanimously. 17 18 The Council expressed appreciation to the Kiwanis for all they do for the entire 19 community. 20 C. City Manager. City-Manager Morrison reported the SAV II Liquor Store lease will be on the agenda for 21 22 approval at the September 24, 1996 Council meto sell the lease will be naclud d t1The11 23 not be included in the lease but the opportunity 1996 contingent to the signing of 24 Apache Wells lease is terminated effective August 1, 25 the new lease. This date is only guaranteed if the new lease is signed by January 1, 1997. 26 - If the building is not ready for occupancy by January 1, 1997,the new lease is still 27 required to be signed. Morrison noted this will provide a better financial situation for the 28 City of St. Anthony as they will be paying$6.25 on 8,500 square feet rather than$6.00 29 on 10,000 square feet of building space. ould occur if the new building was not completed by 30 Mayor Ranallo questioned what w 31 January 1, 1997. 32 Mornson stated there was currently no clause in the lease to address this issue but he 33 would attempt to negotiate a drop-dead date into the lease 34 Morrison reported the variance request for the SAV II Liquor Store would bevie d 35 the Planning Commis t sion meeting on September 17, 1996. We Engineering City Council Regular Meeting Minutes September 10, 1996 Page 4 1 Rice Creek Watershed District are currently meeting to resolve the drainage issues. The 2 variance request for the pad site at Apache Plaza will also be reviewed. The proposal for 3 this.site includes a video store and an Einstein Bagel Shop. 4 Mornson reported he and Larry Hamer would be meeting with the Rice Creek Watershed 5 District on September 20, 1996 to discuss the Water Management Plan. He will also be 6 meeting with Jerry Gilligan and Bob Thistle to finalize the CUB Foods Store tax 7 increment financing. g Morrison reported he will be attending the Planning Commission Work Session on 9 September 11, 1996. Three of the four consultants for the Comprehensive Plan will be 10 reviewed. The variance requests scheduled for September 17, 1996 and the TIF 11 Amendment will also be reviewed. 12 Morrison questioned the Council's position on the temporary identification signage for 13 Herbergers and Silver Lake Dental Clinic. There was Council consensus for City 14 Manager to meet with the managers and put the businesses on notice that they are in 15 violation of the City Sign Code. The City Manager can then use his discretion in the 16 matter. 17 Morrison reported his attendance at a Property Tax Task Force meeting of the AMM 18 where Representative Rest' proposal was reviewed. Morrison stated that it does appear 19 the proposal is gaining momentum. 20 Mornson reported his attendance at a Progress meeting with the contractor of the City 21 Hall/Community Center building. Change Orders which will be addressed at:the October 22 8, 1996 City Council meeting include moving the Council Chambers, the electrical 23 receptacles in the hallway and in the Council Chambers, elimination of the turn-around, 24 removal of the curb in the proposed future parking area,the elimination of two car plug- 25 ins in the area where four parking stalls have been removed to accommodate the roadway, 26 and trenching of electricity to the pad where a ground sign may be located. 27 Mornson reported the bids for audio and video in the City Hall/Community Center are 28 due on September 24, 1996. Mr. Bruce will review these with City Manager and will be 29 present at the City Council meeting that evening to discuss the bids. The furniture bids 30 may also be discussed at the September 24, 1996 meeting. Mornson stated the legends 31 for the asbestos proposal are moving forward and the demolition bids will be started. 32 33 Morrison reported School Board Members have suggested salvage of bricks from the 34 existing City Hall building. There was Council consensus for City Manager to discuss the issue with ith Warren Rolek at their meeting on Thursday to discuss the lease,to express 36 the City's expectations and determine the School Board's expectations. City Council Regular Meeting Minutes September 10, 1996 . Page 5 1 Mayor Ranallo stated the Chamber of Commerce has expressed an interest in handling 2 the dedication of the new City Hall/Community Center building. They would hire 3 someone to coordinate the event with Kathy Knapp and City Manager. The event would 4 be similar to the recent ground breaking ceremony for CUB Foods Store. 5 There was Council consensus to ask the Chamber of Commerce to handle the dedication 6 ceremony and that it be scheduled sometime after the building is open. 7 Morrison reported he and Roger Larson will be meeting with Tom Brever and Mike 8 Peterson of the Sports Boosters on Thursday morning to discuss the handling of 9 reservations of space for the gymnasium. The City has recently taken over this task and it 10 has become quite a burden. 11 Morrison reported he and Larry Hamer will be meeting with RCM Engineering tomorrow 12 to discuss the 1997 street improvement projects. Neighborhood meetings will be held in 13 October. 14 Mornson reported Police Officer Michael Reuss has resigned. He has accepted a position 15 with the Eagen Police Department. 16 Morrison noted a document which was received from Tom Creighton for transfer of cable 17 services from Meredith to Continental and U.S. West. This item will be included on the 18 September 24, 1996 agenda as action is required by September 30, 1996. 19 Morrison reported there is a potential change in the Roger Bona proposal that will not 20 affect the variances granted for this proposal. Mayor Ranallo noted he had received a call 21 from a St. Anthony resident regarding a construction shack on the site. Upon inspection 22 of the shack,Mayor Ranallo determined it is being used to store items being removed 23 from the meat market. 24 VIII. PUBLIC BEARING -None. 25 IX. NEW BUSINESS. 26 A. Resolution 96-047 re: Livable Communities Act. 27 Motion by Marks, second by Faust to approve Resolution 96-047,regarding a resolution 28 electing to continue participating in the Local Housing Incentives Account Program 29 under the Metropolitan Livable Communities Act for the calendar year of 1997. 30 Motion carried unanimously. 31 B. Resolution 96-048,re: Designate Silver Lane as a Municipal State Aid Street. 32 Motion by Marks, second by Wagner to approve Resolution 96-048, regarding 33 establishing a Municipal State Aid Street of Silver Lane, between Silver Lake Road and 34 Stinson Boulevard(MSAS 108). City Council Regular Meeting Minutes September 10, 1996 Page 6 1 Motion carried unanimously. 2 C. Resolution 96-049 re:Terminate Operating Agreement with Ernie Swanson. 3 Motion by Marks, second by Faust to approve Resolution 96-049,regarding approving 4 termination of the Operating Agreement with Ernie Swanson, Sr., dba Ernies' Catering 5 Service,to operate.the food service at the City-owned Stone House Grill, 2700 Highway 6 88. 7 Motion carried unanimously. 8 D. Resolution 96-050 re: Hennepin County Road Maintenance Agreement for 1997. 9 Motion by Marks, second by Wagner to approve Resolution 96-050 regarding authorizing 10 the Mayor and City Manager to execute the agreement between Hennepin County and the 11 City of St. Anthony for road maintenance services. 12 Motion carried unanimously. 13 E. _ Resolution 96-051 re: Proposed 1997 Tax Lew and Budget. 14 Morrison noted that the budget had increased by.3%but the levy has remained the same 15 as the 1996 levy. The budget will be offset with reserves created from the 1995 budget. 16 Motion by Marks, second by Wagner to approve Resolution 96-051, regarding setting the 17 City'of St. Anthony proposed 1997 Tax Levy and Budget in compliance with the Truth in 18 Taxation Act. 19 Motion carried unanimously. 20 F. Resolution 96-052. re: Changing December's Regular Council Meeting Dates. 21 Motion by Wagner, second by Marks to approve Resolution 96-052, regarding changing 22 December 1996 Regular Council meeting dates from December 10, 1996 to December 4, 23 1996 and December 24, 1996 to December 18, 1996. 24 Motion carried unanimously. 25 26 IX. UNFINISHED BUSINESS -None. 27 M. ADJOURNMENT. 28 Motion by Marks, second by Wagner to adjourn the meeting at 9:20 P.M. 29 Motion carried unanimously. 30 Respectfully submitted, 31 Lorri Kopischke City Council Regular Meeting Minutes September 10, 1996 Page 7 1 TimeSaver Off Site Secretarial 2 3 Mayor 4 ATTEST: 5 City Clerk 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 SEPTEMBER 24, 1996 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 Mayor 6 Ranallo. 7. II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner and Faust. 9 Also Present: City Manager Michael Mornson and City Attorney William Soth. 10 Councilmembers Absent:None. - .11 M. APPROVAL OF SEPTEMBER 24, 1996 COUNCIL AGENDA. 12 Motion by Marks; second by Enrooth to approve the September 24, 1996 Council Agenda with 13 the following changes: 14 Under VI. Presentation of Claims. add: C. Bill Bruce AN Design&Production- $475.00 15 Motion carried unanimously. IV. APPROVAL OF SEPTEMBER 10, 1996 COUNCIL MINUTES. 17 Motion by Faust, second by Marks to approve the September 10, 1996 Council minutes with the 18 following changes: 19 Page 4, Line 30: Replace"legends"with"Legends". 20 Motion carried unanimously: 21 V. LICENSES/PERMITS/PETITIONS -None. 22 VI. PRESENTATION OF CLAIMS. 23 Motion by Marks, second by Wagner to approve the following claims: 24 A: Rieke Carroll Muller Associates in the amount of$11,714.60 for professional services 25 rendered July 28, 1996 to August 31, 1996 for 1997 S_treet/Watermain Improvements, 26 final design and bidding. 27 B. 5 pages.of Verified Claims as presented by the Finance Director. 28 C. Bill Bruce A/V Desi.Q,n&Production in the amount of$475.00 for down payment for 29 supervision of installation of audio visual equipment City Hall/Community Center. 30 Motion carried unanimously. VII. REPORTS. .,z A. Planning Commission- September 17. 1996. City Council Regular Meeting Minutes . September 24, 1996 Page 2 . 1 Chair Bergstrom was present to report on the recommendations made and actions taken at 2 the September 17, 1996 Planning Commission Meeting. 3 1. Realty Development Advisors, for Apache Plaza, Conditional Use Permit and . 4 ; Sign Variance Requests. .5 Chair Bergstrom reported the Planning Commission held a Public Hearing for , 6 consideration of a conditional use permit for Video Sales and Rental and sign variance 7 request for Lot 3, Block 1, Apache Plaza. 8 Bergstrom reported Realty Development Advisors, LLC has a pending agreement with a 9 nationally known video rental store for this site. Video rental.is a permitted conditional 10 use in this commercial zoning district. The video store will not contain x-rated video 11 tapes. The Planning Commission unanimously recommended approval of the c_ onditional 12 use permit for this use. 13 The Council discussed previous restrictions that had been placed on this type of 14 conditional use and determined that restriction of hours would not be relevant for a video 15 store in this location at this time. 16 Motion by Marks, second by Enrooth to approve a conditional use permit for a video 17 sales and rental store,Lot 3, Block 4,Apache Plaza based on the fact that the City 18 Ordinance allows the use as a conditional use in a commercial zoning district. 19 Motion carried unanimously. 20 Chair Bergstrom reported the Realty Development proposal contains an 8,500 square foot 21 building. The site will include 95 parking stalls,with City Code requiring 92 parking 22 stalls. Realty Development is currently negotiating with two tenants, including a video 23 sales and rental store and a bagel shop. The bagel shop will include a drive-up lane that 24 will be used for quick service. Realty Development is also negotiating with First Bank to 25 obtain a cross easement to allow access to the northwest comer of the site and improve 26 the traffic flow. . 27 SuperValu has approved the location of the building as presented in the original drawings 28 submitted. However,Herbergers has not. Due to this,_the location of the building has 29 been altered. .The building is flipped over and pushed to the north. If an approval can be 30 obtained from Herbergers,the building will be placed in the original location as shown in 31 the drawings. _ 32 Bergstrom reported the proposal will include a ground sign along Silver Lake Road 33 which has been approved as part of the Comprehensive Sign Package for Apache Plaza. 34 The proposal also includes signage on the east,north and south sides of the building. The 35 signage on the.east is permitted under current Code as it faces Silver Lake Road. There 36 was some discussion at the Planning Commission meeting in regard to the signage on the City Council Regular Meeting Minutes September 24, 1996 Page 3 1 south side of the building and whether the road that extends to the west from 39th 2 Avenue is a public or private road. The Planning Commission assumed that the road is a 3 public right-of-way and that the signage on the south side is permitted under current code. 4 The proposed signage on the north side of the building is not adjacent to a public right-of- 5 way and would require a variance. Bergstrom noted the proposed signage will not exceed 6 15%of the area of the wall to which the sign will be applied. 7 Faust asked if there was any guarantee that Realty Development would not return in the 8 future and request signage on the west side of the building. 9 Bergstrom stated Realty Development had not requested signage on the west side of the 10 building at the concept review or at the Planning Commission meeting. 11 -The Council discussed previous restrictions that had been placed on this type of drive-up 12 window in the past and determined that these restrictions were not be relevant in this 13 location. 14 Faust asked if the City had received any comments from the residents in the townhomes 15 across the street from the development. o Mayor Ranallo stated he had been in contact with the residents in the townhomes across 17 the street from the development and they have not expressed any concerns. 18 Motion by Wagner, second by Faust to approve the sign variance for business right-of- 19 way frontage on the north side of the proposed building,Lot 3,Block 4,Apache Plaza,to 20 accommodate the need for increased visibility for traffic going south bound on Silver 21 Lake Road and traffic in the retail center and based on the findings of the Planning 22 Commission as follows: 23 1. The hardship is not created by the owner but is due to traffic patterns and multiple 24 tenancy. 25 2. The condition is unique to the structure and redevelopment of the parcel itself. 26 3. 'It is in'spirit of redevelopment of the site and is consistent with previous requests 27 and/or plans for redevelopment of the site.. 28 4. 'The applicant will not require more sign surface area than what is allowable by 29 the City's wall sign ordinance. 30 Motion carried unanimously. 31 2. Ste. Marie Company, for Apache Plaza, Rear Yard Setback Variance and Sign Variance Requests. _ Chair Bergstrom reported that Ste. Marie Company, as owner of the property at Apache 34 Plaza Shopping Center,has'applied for a rear yard variance request and sign variance I 1 City Council Regular Meeting Minutes September 24, 1996 Page 4 1 request for a proposed Municipal Liquor Store,Lot 5, Block 1, Silver Lake Center 2 (Apache Plaza). 3 Bergstrom reported Ste.--Marie Company has appli ed for a rear yard variance of 18 feet, 6 4 inches from the required setback of the west lot line of the Tires Plus site for an addition 5 they are planning to build. The City Ordinance requires that commercial buildings have a 6 rear yard setback of 20 feet. Bergstrom noted the proposed Municipal Liquor Store will 7 contain 8,300 square feet. The proposal includes 54 parking stalls,with City Code 8 requiring 50 parking stalls. 9 The variance is being requested because the construction of the addition is limited on the 10 site due to an interior driveway that runs parallel to the west property line-and Silver Lake 11 Road that runs parallel to the site on the east. Because Silver Lake Road is designated as 12 a county road,the proposed addition is subject to county road setback requirements, 13 thereby limiting expansion to the east. 14 Also, City Ordinance restricts expansion in this direction because the proposed addition 15 must have a setback of 35 feet.or a distance equal to the average of the front yard depths 16 of the two adjacent properties. The adjacent properties,currently would include Taco 17 Bell, Tires Plus and First Bank. Pushing the addition toward Silver Lake Road would 18 encroach into the county setback and exceed the average of the front yard depths of the 19 adjacent lots. 20 At the Concept Review,the Planning Commission asked what was driving the orientation 21 of the building. It was noted that a 60 foot.cooler was necessary for the success of the 22 store and was part of the reason the building was oriented.i.n this way. It was also noted 23 that 8,000 square feet was an average size of this type of liquor store. 24 Bergstrom reported there had been some discussion at the Planning Commission meeting 25 in regard to the drainage on this proposal..Mr. Douglas Jones,2505 Silver Lane had 26 inquired how this drainage will fit into the Master Storm Plan.-Mr. Bruce Miller, 27 Westwood Engineering,who drafted the entire Master Storm Plan, had been present at 28 the meeting and had explained the drainage. Some of the drainage on the site will be 29 routed through a grit chamber and the rest of the drainage on the site will eventually be 30 routed to the two ponds to the south of First Bank. Bergstrom explained the Planning 31 Commission has in the past and continues to feel,that storm water drainage is the 32 regulatory domain of the Rice Creek Watershed District. The Commission does not 33 attach conditions.of drainage on conditional use permits or variances but defers those 34 decisions to the Rice Creek Watershed District. 35 Mayor Ranallo noted two letters have been received.since the Planning Commission 36 meeting. One from Ste. Marie Company and one from Opus. In response to the concerns 37 expressed at the meeting, both companies have written to"express our commitment to City Council Regular Meeting Minutes September 24, 1996 Page-5 1 providing treatment of storm water discharges from this site consistent with the Master 2 Storm Water Management Plan and Rice Creek Watershed requirements. As stated at the 3 Planning Commission,the proposal to discharge untreated storm water into the Silver 4 Lake Road drainage system is temporary and has the preliminary approval of WMO staff. 5 It is the intent of Opus Northwest, L.L.C. and the Ste.Marie Company to re-route this 6 drainage into the internal storm water treatment system when development of Lot 4 7 occurs. We are actively seeking users for the Lot 4 parcel and anticipate presenting a 8 project for this site within the next calendar year." Mayor Ranallo stated this is a 9 commitment on the part of both companies. 10 Mr. Douglas Jones, 2505 Silver Lane, stated he had heard the presentation given by 11 Westwood Engineering and feels this is a good proposal. He also commended the 12 developer for the work done thus far at Apache Plaza. He stated his concem'was that this 13 drainage plan was temporary and future owners of the Tires Plus building would not be 14 bound to the plan. Mr. Jones stated the drainage plan should be a condition of the . 15 variance. He stated the parcel was less than 2.5 acres and fell below the required acreage 16 of land that would require Rice Creek Watershed jurisdiction or regulation of the site. 17 Marks asked if the drainage plan could be included in the motion with respect to the variance. 19 City Attorney William Soth stated the drainage would be required by law if it was a 20 requirement of the Rice Creek Watershed District. The drainage is part of the plan that 21 the City is approving and is what the Rice Creek Watershed District is permitting, 22 therefore it is what governs. When Lot 4 is developed the City will not grant a building 23 permit unless the drainage is changed as specified. 24 Mornson stated Kate Drewey,Rice Creek Watershed District has stated the District has 25 control of drainage on the site because it is part of the Apache Plaza development. 26 Mr. Soth stated this was correct, as this was not a freestanding development,but is a 27 parcel tied to the entire development with reciprocal and ponding agreements. 28 Faust asked if the aforementioned letters were considered to be legal documents. 29 Mr. Soth stated these letters demonstrate that Ste. Marie Company and Opus understand 30 the agreement. These letters are now part of the record. 31 Mr. Bruce Miller,Westwood Engineering,explained the drainage of the southwest corner 32 of the site will pass through a grit chamber and be tied into the trunk in Silver Lake Road and eventually go to Silver Lake. The remainder of the drainage of the site will be _4 temporarily connected to Silver Lake Road. When Lot 4 is developed,this drainage will 35 be connected through Lot 4 and routed through the internal system to the new ponds. If it r i City Council Regular Meeting Minutes September 24, 1996 _ Page 6 1 'is economically feasible and possible,the drainage of the southwest comer may at a 2 future date,be connected to a proposed pond on Lot 7. 3 Motion by,Faust,second by Wagner to approve the rear yard setback variance of 18 feet, 4 6 inches om the required setback of the west lot line for the proposed Municipal Liquor 5 Store, Lot 5,Block 1, Silver Lake Center(Apache Plaza.)based on the findings of the 6 Planning Commission as follows: 7 J. It will not alter the essential character of the locality but will allow the site to be 8 redeveloped into a reasonable commercial use. 9 2. The hardship was not created by the owner but by the location of the site between 10 a county road right-of-way and an interior driveway through this shopping center. 11 :, -3:. The proposal is adding onto an incompatible use, a T_ ire Company. 12 . 4. No one appeared to speak against the proposal. 13 Motion carried unanimously. 14 15 Chair Bergstrom reported Ste. Marie Company is also requesting a sign variance for 16 proposed signage on the north side of the building which has no business right-of-way. . 17 The proposed wall sign will not exceed 15% of the wall area to which the sign will be _ . 18 applied. This will take advantage of the south bound vehicular traffic, as well as the 19 traffic on the Apache Plaza site. 20 Marks questioned if this request was being made for purely economic purposes and if 21 there was demonstration of a hardship. 22 Bergstrom stated the hardship was that this was a redevelopment of an existing site and 23 due to the traffic patterns. 24 Wagner noted this was similar to the sign variance granted for the video sales and bagel 25 shop site. 26 Motion by Faust, second by Wagner to approve the sign variance request for business 27 right-of-way frontage on the north side of the proposed Municipal Liquor Store, Lot 5, 28 Block 1, Silver Lake Center(Apache Plaza)to accommodate the need for increased 29 visibility for traffic-'going southbound on Silver Lake Road and traffic in the retail center 30 based on the findings of the Planning Commission as follows: 31 1. The hardship is not created by the owner but is due to traffic patterns and multiple 32 tenancy. 33 2. This condition is unique to the structure and redevelopment of the parcel itself. 34 3. It is in spirit of redevelopment of the site and is consistent with previous requests 35 and/or plans for redevelopment of the site. City Council Regular Meeting Minutes September 24, 1996 Page 7 1 _ 2 Marks questioned if the City Council had a conflict of interest in this proposal. 3 Faust stated if the Council had treated someone differently than themselves,there would 4 be room for criticism. However,this has not been the case. 5 Wagner again noted this was similar to the variance request of the video sales and bagel 6 store site. 7 Motion carried unanimously!.. 8 Mr. Jay Scott, Opus Corporation,stated both the CUB Foods Store and the video sales 9 and bagel shop site are planning to be completed in March of 1997. He reported there 10 have been some successful meetings with Herbergers. This is important as Herbergers 11 needs to play an active role and be a team player in development of the site. 12 3. Comprehensive Plan Consultant Update. 13 Chair Bergstrom reported in April of 1995,the Planning Commission began discussions 14 _ of updating the Comprehensive Plan.- Since then,much energy and time has been spent meeting with the department heads of the City,people in communities adjacent to the 16 City and the Metropolitan Council. Bergstrom stated six proposals were sent out for a 17 Comprehensive Plan Consultant and four proposals were returned. The four companies 18 including Sanders, Wakes, DSU,and BRW, were then interviewed by the Planning 19 Commission. Upon vote,the Planning Commission consensus was to enter into a 20 contract for the Comprehensive Update with BRW. The prices of the proposals ranged 21 from$27,000 to $39,000.- 22 Bergstrom stated the exact-scope of the Update will be determined in the next few 23 months. He stated he would like a kick-off meeting to be scheduled for October 29, 1996 24 to include the Planning Commisison,*City Council and Comprehensive Plan Consultant. 25 A task force could then be created which may include such people as 3 or 4 members of 26 the Planning Commission, 2 members of the City Council, City Manager and 27 Management Assistant,representatives-of the School Board,the Churches,Homeowner 28 Associations,Industry,'Commercial businesses, and a realtor. He felt the task force 29 should include approximately 15 members. 30 Mornson stated the contract for Comprehensive Plan Consultant would be on the agenda 31 of the October 8, 1996 City Council meeting. He noted there will be several other 32 documents required to be encorpoated with the Comprehensive Plan Update that are not 33 included in this proposal and that will have an additional cost and utilize a different t consultant. 36 B. Councilmembers. City Council Regular Meeting Minutes September 24, 1996 Page 8 1 Wagner apologized for not attending the library meeting on September 19, 1996. 2 Faust also apologized for not attending the library meeting. Faust reported his attendance 3 : at a League of Minnesota Cities Meeting on Improving Fiscal Futures Policy. There will 4. be a position statement on property tax reform published after November. The position -. 5 statement will then be presented to the League of Minnesota Cities and the Fiscal Future 6 Policy Committee will then receive a copy of what was adopted to use as their blueprint 7 for communication with the Legislature. 8 • _ = Faust reported his attendance at the Silver Lake Camp Open House on September 15, 9 1996. He estimated that 1,200 to 1,500 people were in attendance.. He stated it was a 10 very positive gathering. 11 Faust thanked the St. Anthony Public Works Department,on behalf of the Silver Lake 12 Terrace and Silver Lake Road residents,for the fine job they did on the surfacing and 13 striping of the road. The road is now much more user-friendly to non-automobile traffic. 14 Marks stated that in the September 13, 1996 Police Report,there were five incidents 15 where the Police had referred youth to North Suburban Youth Services. He noted he had _ . 16 . s- not seen that many referrals in quite some time. 17 Enrooth reported his attendance at the Salvation Army Open House and stated it was a 18 very positive experience. 19 C. Mayor. 20 Mr. Douglas Jones, 2505 Silver Lane,reported the St.Anthony/New Brighton Education 21 Foundation will be hosting a Spaghetti Dinner on October 4, 1996 at the St. Anthony 22 Middle School.'-Tickets are being offered at$5.00 for adults and$4.00 for children. Last 23 year he Dinner has 1,200 guests. This is one of two major fundraisers hosted by this 24 Foundation. The other major fundraiser is a Speech Meet,where 35 schools come to St. 25 Anthony, each bringing 10-20 children to the Meet. The St. Anthony/New Brighton 26 Education Foundation runs all the concession stands for this event. Funds raised are used 27 to support the school and the community. -He noted the Foundation is also working with 28 the exchange program to Salo,Finland. Mr. Jones expressed his appreciation for the 29 community's support. 30 Mr. Jones also stated his appreciation to Kim Moore-Sykes, Mike Morrison and Larry 31 Hamer,for their quick response to the restriping of Silver Lane. He felt this was a real 32 tribute to the Staff of St. Anthony. 33 D. City Manager, 34 Morrison reported his attendance at a Progress Meeting with the contractor of the 35 Community Center/City Hall. The project is progressing nicely.. The office will be sheet City Council Regular Meeting Minutes September 24, 1996 Page 9 1 rocked this week and the windows will be installed in approximately two weeks. This 2 will hopefully allow the building to be secured. 3 Mornson reported the Budget Work Session and pictures for the new City Hall are 4 .scheduled for October 1,1996. The Neighborhood Meetings for the 1997 Street 5 Improvement Project are scheduled for October 30, 1996. A copy of the letter and 6 agenda will be furnished to Councilmembers upon completion. 7 Mornson reported Officer Flynn of the St. Anthony Police Department has resigned and 8 accepted a position with the St. Paul Police Department. He also noted Liquor Store 9 Operations Manager Mike Larson has selected a new inventory control system. 10 11 VIII. PUBLIC HEARING.-None. 12 IX. NEW BUSINESS. 13 A. Consider Bids Relatine Atidio/Video Equipment for New City Hall/Community Center. 14 Mr. Bill Bruce,Bill Bruce A/V Design and Production, stated the bids received were 15 below his estimate of$48,000. He explained the submitted amount listed on the proposal 16 was the amount actually submitted and the revised amount was-determined after going through the bids and correcting errors, omissions or items not correct for the bid. 18 Mr. Bruce reported he is currently working with Alpha Video at another site and is 19 having difficulty getting them to complete the job. He has worked with Blumberg in 15 20 other cities and has had tremendous experiences. He recommend approval of the bid 21 from Blumberg and AV Solutions for the Character Generator. 22 Motion by Marks, second by Enrooth to accept the bid from AV Solutions for the 23 Character Generator only, in the amount of$2,682.75, and Blumberg Communications 24 relating to audio/video equipment, in the amount of$42,632.00 for the new City 25 Ha1UCommunity Center. 26 Motion carried unanimously. 27 B. Resolution 96-046 re: Community Services Lease at New City Hall/Community Center. 28 Motion by Marks, second by Enrooth to'approve Resolution 96-046,regarding approving 29 the lease between the City of St. Anthony and Independent School District No. 282 and 30 authorizing the Mayor and City Manager to execute lease on behalf of the City. 31 City Attorney Soth noted two changes to the lease. The first on Page 1, Article 1. Rent, 32 Line 4,remove"exceed"and replace with"be".- The second on Page 1, Article 2. Term, Line 2, insert"the Lease is"and Line 3 remove"the Lease'% 34 Mornson noted the Superintendent has agreed to all the changes. City Council Regular Meeting Minutes September 24, 1996 Page 10 1. Marks amended his motion to include the changes to the lease and Enrooth agreed. .2 Motion carried unanimously. 3 : C. Resolution 6-052 and 6-053 re: Transfer of Ownership of Meredith Cable Company to 4 Continental and then to US West 5 Motion by Marks, second by Wagner to approve Resolution 96-052,regarding consenting 6 to the transfer of control of and certain ownership interests in a cable television franchisee 7 to Continental. _ 8 Mayor Ranallo noted this transfer will occur on October 30, 1996. 9 Motion carried unanimously. 10 Motion by Marks, second by Wagner to approve Resolution 96-053,regarding consenting 11 to the transfer of control of and certain ownership interests in a cable television franchisee 12 to US West. 13 Mayor Ranallo noted this transfer,may not take place for some time as it is subject to 14 FCC approval. 15 16 Motion carried unanimously. 17 D. Resolution 96-054. re: SAV H Lease with Ste Marie Company 18 City Attorney Soth reported after a lengthy meeting with representatives of Ste. Marie 19 Company,their lawyers, Liquor Store Operations Manager Mike Larson, and City 20 .Manager Mornson, Ste. Marie Company has agreed to most of the changes the City 21 requested. There are still some points being negotiated in regard to the completion date 22 and what will occur if completion is later than expected. The completion issue is 23 complicated as it ties in with the Apache Wells lease'an d the existing SAV.lease. Ste. 24 Marie Companies does understand and has agreed that the City can never be out of 25 business,that they need to be able to continue operations in one location. The other issue 26 is that the City does not want to be in the position of paying double rent and this is 27 becoming.a problem_because St.Marie Company wants the City to have the 28 "construction risk". It appears they have agreed that the City does not have to have 29 continuous operation._ They have also agreed that to the extent that there is extra cost for 30 environmental matters, it will be their cost. Mr. Soth stated there still needs to be 31 agreement on some insurance issues and the signage issues. 32 Mr. Soth stated Resolution 96-054 should be deferred to the next City Council meeting 33 until more of the issues can be resolved. - City Council Regular Meeting Minutes September 24, 1996 Page 11 1 Mornson reported he and Larson would be meeting with Welsh Construction and KKE 2 Architects and within one week they will be presenting an estimate of the budget and also 3 two schedules,one to build over the winter, and one to build partial now with completion 4 in the spring. Momson stated construction is still planned to be completed in-conjunction 5 with the CUB Foods Store opening. 6 There was Council consensus to defer Resolution 96-054,regarding SAV II lease to the 7 October 8, 1996 City Council meeting. 8 9 IX. UNFINISHED BUSINESS. 10 . Mark Stenglein introduced himself and reported he was running for County Commissioner. He 11 stated he had grown up in St. Anthony and had fond memories of the community. He stated he 12 hoped to meet with the Council and discuss issues in Hennepin which pertained to the 13 City of St. Anthony. 14 XI. ADJOURNMENT.. 15 Motion by Marks, second by Enrooth to adjourn the meeting at 8:16 P.M. 16 Motion carried unanimously. 17 Respectfully submitted, 18 Lorri Kopischke 19 TimeSaver Off Site Secretarial 20 21 Mayor 22 ATTEST: 23 City Clerk