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HomeMy WebLinkAboutPL PACKET 07182000 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102866 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 07182000 CITY OF SAINT ANTHONY PLANNING COMMISSION AGENDA NOTICE IS HEREBY GIVEN under the Minnesota Statutes, that the Planning Commission will hold a regular meeting on Tuesday, July 18, 2000, at 7.00 pm at the City Council Chambers, 3301 Silver Lake Road, Saint Anthony,Minnesota. NOTE: The Planning Commission has received the staff reports and recommendations, plus supporting documentation from the applicant, through staff for all items on this agenda.' This information was distributed prior to the meeting date. Individual Commissioners and staff also visit the application sites during the week prior to meetings. As a result of this preparation, items which appear to be routine will typically be handled very quickly, and discussion on disputed or questionable items can begin from a position ofgeneral understanding ofthe issues. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CONSIDERATION,DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS: Please notify the Chairman prior to the beginning of any meeting of your desire to speak before the Commission. Your remarks will be limited to five minutes. I. PUBLIC INPUT The public may speak at this time on any planning and zoning related matters of a general nature. However, there will not be any discussion or action by the Commission at this time. II. MINUTES 1. Approve June 20, 2000 Planning Commission meeting minutes. Action requested. 2. City Council's June 27 and July 11, 2000 regular meeting minutes. No action required. 3. Parks Commission's July 10, 2000 regular meeting minutes. No action required. III. COMMUNICATION FROM CITY COUNCIL 1. None. IV. REQUESTS FOR POSTPONEMENTS OR WITHDRAWAL OF APPLICATIONS 1. PUBLIC HEARING. Hillcrest Development's preliminary development plan for the Apache Plaza that includes a rezoning from "C" district to a PUD. The applicant has requested this hearing be postponed until after a Special meeting of the Planning Commission can be held in the City Hall Council room. The Commission will also hear Hillcrest's final development plan for the Apache Plaza at the Special meeting. 'Therefore, the Development Review Committee asks that the Commission move to accept this request, thus scheduling said Special meeting for August 1, 2000 or at such 2 time thereafter as deemed appropriate by the Development Review Committee. Action required. (pp. 1-3) V. NEW APPLICATIONS/PUBLIC HEARINGS 1. PUBLIC HEARING. Petition for Amendment to Zoning Ordinance. The Frontline Church and Outreach Center. are asking the City to consider adding a "Church" as a conditional use in a commercial district. Request is related to Senior Pastor Bill Arrigoni's intent to locate the Frontline Church and Outreach Center at 2654 Kenzie Terrace. Action required. (pp. 4-30) 2. PUBLIC HEARING. Application for Conditional Use Permit. .Applicants Hadi and Roger Abou-Mourad intend to build a Car Wash on their property located at 3813 Stinson Avenue. City Code requires them to first obtain a Conditional Use Permit. Action required. (pp. 31-60) VI. POSTPONED APPLICATIONS 1. None. VII. REPORTS,PRESENTATIONS, and/or CONCEPT REVIEWS 1. CONCEPT REVIEW. Murphy's Service Center, Inc. (Conoco Gas Station), 3501 29'" Ave., seeks a variance for a larger replacement sign for their business. No action required. (pp. 61-83) 2. PRESENTATION. A representative of WSB Engineering will make a presentation regarding the selection of decorative street lighting along 29`h avenue. Staff and the consultant will seek comments from residents and a recommendation from the Commission toward identifying a preferred lighting style. Possible action required. (p.'84) VIII. CONTINUED BUSINESS 1. 2000 Local Water Resources Management Plan Grant Application. No action required. (pp. 85- 89) 2. Report from a representative of the City's consulting engineer,WSB, regarding stormwater issues for 37th Avenue area/Street Reconstruction Program update. No action required. (pp. 90-91) IX. COMMISSION INPUT 1. Commissioners comments. X. ADJOURNMENT . I CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 0.3 JUNE 20, 2000 4 7:00 p.m. 5. CALL TO ORDER. 6 The meeting was called to order at 7:00 p.m. 7 PLEDGE OF ALLEGIANCE. 8 Chair Bergstrom invited the Commission and audience to join in the Pledge of Allegiance. 9 ROLL CALL. 10 Present: Chair Bergstrom; Commissioners Tillmann, Hanson, Thomas, 11 Melsha, Hatch, and Stille. 12 Commissioners absent: None. 13 Also present: Spencer A. Isom, Assistant City Manager. 14 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE 15 FOLLOWING ITEMS: 16 None. 17 I. PUBLIC INPUT. • 8 Chair Bergstrom invited anyone from the. audience to provide general input to the Planning �9 Commission. Hearing no response, Chair Bergstrom moved forward with the Agenda. 20 II. MINUTES. 21 Motion by Tillmann,second by Melsha,to approve the May 16,2000 Planning Commission meeting 22 minutes with the following changes. 23 Page 3, Line 19, change "Stille"to "Melsha." 24 Page 11, Line 7, change "watershed"to"renovation of older homes." 25 Motion carried unanimously. 26 III. COMMUNICATION FROM CITY COUNCIL. 27 None. 28 IV. REQUESTS FOR POSTPONEMENTS OR WITHDRAWALS OF APPLICATIONS. 29 None. 30 V. NEW APPLICATIONS/PUBLIC HEARINGS. 31 1. Public Hearing 4004 Fordham Drive Lot Width and Lot Area Variance Request. 32 Chair Bergstrom opened the Public Hearing at 7:05 p.m. Bergstrom requested a report from 33 Staff. r34 Assistant City Manager Spencer Isom reviewed for the Commission that David and Pauletta .35 Sperry were again seeking a variance for their property at 4004 Fordham Drive. The Planning Commission Meeting Minutes June 20, 2000 • Page 2 1 Commission and City Council have previously heard(May 18 and May 25, 1999) and granted the 2 Sperry's request for a variance. However,the variance has expired because the variance is only 3 in effect for one year. City Attorney Soth:has advised Staff that the Sperry's must complete a 4 new Petition for variance and begin the process anew. A Concept Review'on.this matter was 5 held at the May 16, 2000 Planning Commission Meeting. 6 Chair Bergstrom invited Mr. and Mrs. Sperry to address the Commission. Mr. Sperry, 4004 7 Fordham Drive, said he was in attendance to ask for a lot width and area variance and reiterated 8 that the issue had been reviewed at an earlier Planning Commission meeting in May 2000. Mr. 9 Sperry presented a depiction of the proposed plan and he reviewed in detail for the Commission 10 the specific plans in mind. 11 Melsha inquired if Mr. Sperry had received additional neighborhood input from last year.about 12 the project. Mr. Sperry stated that he had not received any objections. 13 Bergstrom thanked Mr. Sperry and invited anyone else in the audience to speak. 14 In that respect, Bob Graham, 4024 Fordham Drive, addressed the Commission and mentioned 15. that the City Council had made a promise not to issue variances until the flooding issue has been • 5 resolved. He mentioned that the Commission had issued several variances since.that time and-he . J was concerned about the health and safety of the residents when heavy rains are experienced and 18 flooding has occurred. 19 Jeff Arnolds,4009 Shamrock Drive, would like for the Sperrys to keep in mind a water 20 management plan for the stormwater runoff. He stated that he hoped that the Sperrys would 21 possibly implement some landscaping to help resolve any pooling of water. 22 Asking for any additional input from the audience and hearing none, Chair Bergstrom closed the 23 Public Hearing at 7:14 p.m. 24 Chair Bergstrom asked for comments from the Commissioners. 25' Thomas commented that the Planning Commission has addressed the flooding issue. Bergstrom 26 commented that the Planning Commission has been asking residents to infiltrate the water runoff 27 into their yards to help alleviate the storm water issue. Bergstrom said the City is going to great 28 lengths in constructing and redesigning the City's stormwater runoff to move away from the City, 29 but at this time, the City is requesting that residents try to direct the stormwater into yards. 30 Bergstrom acknowledged that the variance request of the Sperrys had been previously approved, 31 and basically the request before the Planning Commission was an extension of time for Mr. and 32 Mrs. Sperry. Additionally, Bergstrom stated that the City has a commitment to provide a 100- 3 year flood protection for every resident in the City. Planning Commission Meeting Minutes June 20, 2000 Page 3 • 1 Motion by Stille, second by Thomas, to approve a 15-foot lot variance and a 1,015 lot coverage 2 variance due to the following reasons: (1)the property cannot be put to reasonable use with the 3 current zoning; (2)the lot is unique in nature (3) the landowner did not cause the uniqueness; and . 4 (4)the variance will be in the spirit of the.Zoning Code and will not alter the surrounding 5 environment. 6 Motion carried unanimously. 7 Bergstrom reminded the Sperrys that this issue would before the City Council on June 27, 2000. 8 He would encourage Mr. and Mrs. Sperry to attend the meeting to answer questions. 9 2. Public Hearing: AT&T Wireless for 2801 37th Avenue NE. 10 Chair Bergstrom opened the Public Hearing at 7:20 p.m. 11 Chair Bergstrom requested a report from Staff. Assistant City Manager Isom stated that AT&T 12 Wireless Services was applying for a Conditional Use Permit to allow for a new 75-foot cellular 13 monopole to be placed on an industrial zoned property at 2801 37th Avenue NE. AT&T has 14 obtained permission from the owner of the property, who was present at the meeting. This would 15 be the second such monopole on this property, with the first being owned by US West Wireless 5 Services. 17 Bergstrom invited Julie Townsend, AT&T Wireless, to address the Commission. Ms. Townsend 18 stated that she was present to request a conditional use permit on behalf of AT&T Wireless 19 Services, to allow for a 75 foot monopole at the property located at 2801 37th Avenue NE. She 20 stated she had brought pictures as requested at the Concept Review in May, and in that respect, 21 she showed the photographs for the Commissioners to review. 22 Ms. Townsend stated that the proposed equipment building is expected to be 12" x 28" and 23 would be made of a material that will match the building and can be painted the same color. The 24 monopole would be standing next to the equipment shelter. The shelter and monopole can be 25 situated to meet any setback requirements to the real property line. The assumed property line is 26 along a fence, so a variance was not needed. 27 Thomas inquired if there had been any further discussion about building a tower that was 100 28 foot tall, or the possibility of building a pole of 75 feet,with the capacity to add on an additional 29 25 feet. This would be in the case that any other wireless services wished to place a monopole in 30 the area. 31 Melsha inquired if any fiu ther discussions had been achieved with US West about co-locating the 32 monopole. Ms. Townsend said discussions did continue,but a standstill was reached. 3 Chair Bergstrom called for any input from the audience, and hearing none, closed the Public 34 Hearing at 7:30 p.m. Planning Commission Meeting Minutes June 20, 2000 Page 4 1 Bergstrom commented that he felt it was a positive step that AT&T Wireless was willing to 2 construct a larger pole than it needed in the case that the pole needed to be added onto at a future 3 date. . 4 Stille mentioned that at the last meeting, Commissioner Melsha had expressed an opinion that 5 the two organizations (US West and AT&T Wireless) should be able to work together in regard 6 to the placement of the monopole. Bergstrom acknowledged that this was a good possibility; 7 however, due to the fact that there was a specific request before the Commission from AT&T, 8 the Commission needed to move forward on this issue. 9 Isom stated that he was not aware of any requirements in the Conditional Use Permit that 10 incorporated rules in relation to companies working together. 11 Melsha said that placing any conditions with respect to working with US West regarding the 12 placement of the AT&T pole was not an option as this point, but placing certain conditions could 13 be considered for future requests. An example would be a condition of the CUP could be for the 14 parties to submit the request to arbitration if an agreement could not be reached. 15 Motion by Hanson, second by Thomas, to approve the Conditional Use Permit for AT&T Wireless Services to build a new 75-foot monopole based on the following conditions: (1) the •. monopole must be constructed that an additional 25-foot segment could be added in the future to 18 allow for another communications company to use the pole; and(2)the coloration of the pole 19 and accompanying equipment shelter must match the existing structure as closely as possible. 20 Motion carried unanimously. 21 Bergstrom reminded Ms. Townsend that this issue would be before the City Council at the 22 meeting on June 27, 2000, and he encouraged her to be at the meeting to answer any questions. 23 3. Public Hearing: An Ordinance amendment relating to Lot Coverage and Building to Land 24 Ration. 25 Chair Bergstrom opened the Public Hearing at 7:35 p.m. 26 Chair Bergstrom asked for a report from Staff. Assistant City Manager Isom stated that this item 27 originated with the Planning Commission,and was brought before the City Council on May 9, 28 2000. At that point, Mayor Cavanaugh directed Staff to return the issue to the Planning 29 Commission for official approval. If approval to the Ordinance is given by the Planning 30 Commission, the issue will return to the City Council on June 27,2000. 31 Isom requested that Commissioner Tillmann provide a brief summary. Tillmann stated that the 32 lot coverage ordinance was proposed to change in two ways: (1) decks would not be included as • I part of the lot coverage ratio if the surface of the deck and the area below the deck was a pervious k4 surface; and (2) to create a two-tier lot coverage limit. In this respect, lots over 9,000 square feet Planning Commission Meeting Minutes June 20, 2000 Page 5 1 would retain the current 35% lot coverage ratio, and the lot coverage ratio would increase to 40% 2 for lots at or under 9,000 square feet. 3 Tillmann continued by stating that an area would be added to the application for a building 4 permit that would require the applicant to specify a stormwater management plan for the project. 5 This specification needs to only be a short paragraph. Additionally,the applicant would be 6 provided with stormwater education materials. 7 Bergstrom called for input from the audience, and hearing none, closed the Public Hearing at 8 7:39 p.m. 9 Motion by Stille, second by Melsha,to approve Ordinance 2000-003, an Ordinance Relating to 10 Lot Coverage and Building to Land Ratio, amending Sections 1605 Subd. 44(a) and 1615.05, 11 Subd.8 of the 1993 St. Anthony Code of Ordinances. 12 Motion carried unanimouslv. 13 4. Public Hearing: Hillcrest Development's Preliminary Development Plan. 14 Chair Bergstrom opened the Public Hearing at 7:40 p.m. •'S _o Chair Bergstrom requested a report from Staff. Assistant City Manager Isom stated that Staff has 17 been working with Dahlgren, Shardlow, and Uban(Consulting Planners) regarding the Hillcrest 18 Development renovation of Apache Plaza. As explained in a memorandum in the Commission's 19 packets, Hillcrest Development has made an application for a Rezoning and Planned Unit 20 Development for Apache Plaza and certain surrounding properties to allow for the 21 redevelopment of the site as a commercial mixed use development. Specifically,the applicant '22 proposes to redevelop the former Apache Plaza Shopping Center building for use by a mix of 23 tenants to include high technology office, general office,warehouse, light industrial and some 24 accessory retail uses, along with a future community space. 25 Bergstrom invited Anthony Gleekel, counsel for Hillcrest Development,to address the 26 Commission. Mr. Gleekel stated that the application has been resubmitted,but was the same in 27 many ways. For example,the exhibits are the same,but some of the narrative of the application 28 had changed. Mr. Gleekel stated that Hillcrest planned on meeting or exceeding the code 29 requirements raised, and a more specific landscape plan and detailed sizes,types of plantings and 30 then a phasing schedule that is being discussed will be more finalized in the future. 31 In regard to signage, Mr. Gleekel stated that Hillcrest has not finalized a signage plan,but will 32 coordinate the plan with existing ordinances. 33 Mr. Gleekel stated that the stormwater drainage issue is an on-going discussion,but that Hillcrest • 4 has the same commitment to resolve this issue in the most satisfactory manner possible. He s5 reiterated Hillcrest Development's commitment to meet and/or exceed the existing code Planning Commission Meeting Minutes June 20, 2000 Page 6 • 1 requirements. The timing, however,would need to be negotiated to construct the stormwater 2 improvement. 3 Bergstrom as Mr. Gleekel'to highlight the specific changes with regard to the application. 4 Mr. Gleekel said there has not been any substantive changes, except the traffic analysis,which 5 was included with the Commission packet. Mr. Gleekel stated that he would assure the 6 Commission that the document in question had addressed the issue of the New Market site as 7 was discussed at a prior meeting. 8 Bergstrom thanked Mr. Gleekel for his input and presentation. 9 Bergstrom invited Ms. Ellen Berkelhamer, Senior Planner,Dahlgren, Shardlow, and Uban, Inc. 10 to address the Commission. 11 Ms. Berkelhamer began by reviewing that the proposed uses for the site are a land-use 12 designation for mixed uses. In other words, all of the uses designated for that category would 13 apply and could be permitted. Hillcrest has submitted a list of uses that they would like to 14 develop a tenant base with, which was predominately general office tenants, and this is the 15 avenue Hillcrest would pursue. However, she stated that Hillcrest would like the opportunity to 115 build the space with other low-impact commercial uses in the case that general office is not •_/. obtained. 18 She directed the Commission's attention to her memorandum of June 12, 2000, wherein the 19 recommendations of DSU were set forth on page 5, numbers 1 through 12. 20 21 Ms. Berkelhamer stated that stormwater is a significant issue and that Hillcrest is going beyond 22 what is required in terms of the site. Additionally, Hillcrest is working with an engineer and the . 23 Watershed District. 24 Stille inquired about Ms. Berkelhamer's earlier comment that DSU would recommend removal of 25 the pylon sign. Ms. Berkelhamer stated that it was simply DSU's recommendation for a 26 monument sign as opposed to a pylon sign, as an aesthetic preference. However, Hillcrest had 27 not submitted a signage plan to date: 28- After calling for any comments from the audience with relation to this issue and hearing none, 29 Chair Bergstrom closed the Public Hearing at 8:05 p.m. 30 Hatch had a concern about some of the permitted uses as it related to noise issues and traffic 31 patterns. Bergstrom said some of those concerns would be covered under the Performance 32 Standards, and a traffic report would shed some light on the traffic patterns. • 3 Motion by Thomas, second by Hanson,to approve the application for rezoning from C-1 to s4 Planned Unit Development(PUD) and for approval of the Preliminary PUD Plans, subject to Planning Commission Meeting Minutes June 20, 2000 Page 7 1 Condition Nos. 1-12 as contained in the DSU memorandum of June 12, 2000 and incorporated 2 herein by reference, as well as the information contained in the revised application package. 3 Motion carried unanimously: 4 Chair Bergstrom noted that this issue would be before the City Council at the meeting on 5 Tuesday, June 27, 2000 and he encouraged Hillcrest Development and related parties to attend 6 the meeting to answer questions and provide any information necessary. 7 5. Public Hearing: Tax Increment Financing Plan for Apache Plaza. 8 Chair Bergstrom opened the Public Hearing at 8:20 p.m. 9 10 Chair Bergstrom invited Mr. Steinman, Springsted, Public Finance Advisors, to address the 11 Commission. Mr. Steinman distributed an updated memorandum from what was presented in the 12 Commission's agenda packets. 13 Mr. Steinman continued by reviewing the memorandum in detail with the Commission, and the 14 Tax Increment Financing (TIF)plan for the property/site known as the Apache Plaza. 1 0 5 Thomas inquired of Mr. Steinman if any thought had been given to expanding the District over to ,i Stinson. Mr.•Steinman stated that he was not aware of any discussions to that effect. 17 Bergstrom inquired of Mr. Steinman if this project would affect the bond rating of the City; and 18 additionally he inquired about the worst case scenario financially for the City if the project goes 19 through as proposed. 20 Mr. Steinman stated that, as the concept is proposed, it does not include bonding for any portion 21 of the project. Bonding would be a limited possibility. Mr. Steinman stated that as far as a 22 financial risk to the City on this project,the risk was very low to the City. 23 Charles F. Habiger, representing the owners at 3813 Stinson Boulevard, approached the 24 Commission. One of the issues that his clients would like to address is that they would not be 25 opposed to Having the TIF District extended to include their site, but that there are historic 26 drainage patterns that affect their site. 27 Bergstrom directed Staff to work with Mr. Habiger on obtaining additional information with 28 regard to the issue. 29 After calling for additional input from the audience and hearing none, Chair Bergstrom closed 30 the Public Hearing at 8:37 p.m. • I Motion by Melsha, second by Bergstrom,to approve the Tax Increment Financing (TIF)concept .)2 as presented to the Planning Commission by Springsted, Public Financial Advisors. Planning Commission Meeting Minutes June 20, 2000 Page 8 • 1 Motion carried unanimously. 2 VI.. . POSTPONED APPLICATIONS: 3 None. 4 Chair Bergstrom called for a recess at 8:35 p.m. 5 VII. REPORTS, PRESENTATIONS AND/OR CONCEPT REVIEWS. 6 Chair Bergstrom called the meeting to order at 8:45 p.m. 7 1. Concept Review: 2801 37th Avenue NE. 8 Chair Bergstrom asked for a report from Staff. Assistant City Manager Isom reported that Mr.Ken 9 Solie, Owner of Village Properties, seeks to (1) Subdivide the land associated with Lot 2,Block 1, 10 Apache Plaza 3rd Addition; (2) Subdivide the land associated with Lot 1,Block 1, apache Terrace 11 Addition; and (3) Combine the original parcels remaining after the subdivisions into one lot. All 12 land in question is presently zoned LI. The existing industrial building will be on the combined lot. 13 Mr. Solie's intent is to sell the two outer lots. 14 Isom continued by stating that City Attorney Soth had been contacted to review this issue,and that '5 Mr. Soth had recommended a Declaration of Restrictions Agreement. Such an agreement would o. state,in essence,that the City would approve of the combining of the lots_and that the Owner would 17 take that information to the County. 18 Isom introduced Mr. Ken Solie, owner of Village Properties, and invited him to approach the 19 Commission. Mr. Solie stated that he is proposing to subdivide and recombine the land associated 20 with the Industrial Custom Products building at 2801 37th Avenue NE. Mr. Solie stated that with 21 reference to the proposed subdivisions, he is currently leasing a strip of land to the north of the 22 existing building from the CP Railroad to provide convenience parking for tenant employees. This 23 lease has been in place since at least 1979 and discussions with the railroad indicate that it is not 24 likely that the lease would ever be terminated. If it were terminated, however, he would have a 25 difficult time providing on site parking according to the Ordinance. 26 Consequently, Mr., Solie stated that at worst case, he would be forced to buy the land from the 27 railroad. Various discussion ensued regarding required parking spaces and City ordinance, and 28 options depending upon the outcome of discussions with the railroad. 29 In response to a comment by Hatch regarding the Livable Communities Grant,Bergstrom explained 30 to the audience that the City has submitted a grant request to do a future land study for a large area, 31 but that the City is not targeting any particular parcel. Additionally the Metropolitan Council has 32 grant programs for doing long-term studies. Both of these properties are inside the area, but have 33 not been specifically targeted by the study. • Planning Commission Meeting Minutes June 20, 2000 Page 9 • 1 Bergstrom noted that Mr. Solie's next step was tc coordinate with Assistant City Manager Isom to 2 move.forward with the project. The issue would probably be on the Planning Commission's agenda 3 for next month. 4 Chair Bergstrom thanked Mr. Solie for the concept review and presentation. 5 2. Concept Review: 2501 37th Avenue NE. 6 Chair Bergstrom requested a report from Staff. Assistant City Manager Isom reported that the 7 applicant, Dr. Terry Rapacz, was seeking to expand his clinic by purchasing a proposed parcel of 8 land from Mr. Ken Solie, Owner of Village Properties. 9 In this respect, Mr. Art Brown, Prudential Real Estate, approached the Commission and presented 10 the detailed plans for the expansion of Apache Animal Hospital. 11 Jeff Agnes, architect, approached the Commission and reviewed in detail the plans presented. His 12 presentation depicted a 4,000 to 5,000 foot building, and stated that Dr. Rapacz was considering 13 using some residential features for the building in order to coordinate with the residential character 14 of the surrounding area. In that respect,Mr. Agnes presented an artist's rendering of the proposed 15 building, which incorporated certain residential features into the exterior. 9 .,-6 Bergstrom acknowledged that he was in support that the,design was of a residential nature, and he 17 is pleased that there would not be any significant grading in the area. 18 Isom noted that currently the Commission is simply looking at rezoning the property and to 19 combining the lots. Once discussions have been accomplished with the railroad, additional 20 information will be obtained and a return to the Commission.would be in order. 21 Various discussion ensued about additions to existing buildings that have been grandfathered into 22 the existing Code. 23 Thomas inquired of Mr.Agnes if decorative lighting was planned for the building. Mr.Agnes stated 24 that lighting is part of the architecture planned.and that Dr. Rapacz would enjoy working with the 25 City on attractive and decorative lighting to compliment what the-City has planned for the area. 26 Thomas inquired if the City needed to be concerned about a building-to-lot ratio. Bergstrom 27 confumed that required was only for residential property. 28 Bergstrom encouraged Dr. Terry Rapacz and his staff to work with Spencer Isom in'implementing 29 the proposed project. 30 3. Concert Review: 3259 Stinson Boulevard. 1 Chair Bergstrom asked for a report from Staff. Planning Commission Meeting Minutes June 20, 2000 Page 10 1 Assistant City Manager Spencer Isom reported that the applicant,Tony Farah,was seeking to expand 2 the building at 3259 Stinson Boulevard onto the adjacent lot at 3245 Stinson Boulevard. Therefore, 3 said expansion requires a petition for rezoning of 3245 Stinson Boulevard from R2 to C. In addition, 4 the lots should be combined via a "Declaration of Restrictions agreement as drafted by the City 5 Attorney. Staff has attempted to contact the owner regarding the content of the submittal,but was 6 not successful. In addition, the applicant, Tony Farah, was not in attendance at the Commission 7 meeting. 8 Bergstrom noted that this issue would be tabled. 9 4. Concept Review: 2654 Kenzie Terrace. 10 Chair Bergstrom requested a report from Staff. 11 Assistant City Manager Spencer Isom noted that James Abbott, Associate Pastor, had submitted a 12 June 12 communication (in Commission agenda packets) for locating the Frontline Church and 13 Outreach Center in the commercial property at 2654 Kenzie Terrace. The relocation would require 14 a petition for amendment of the zoning ordinance (adding a church as a conditional use in a C 15 district) and permit for conditional use. The Church does not own the property; therefore, they 16 cannot serve without the written permission from the owners, as the applicant. •j/ Bill Arrigoni, Senior Pastor of Frontline Church, was introduced and invited to approach the 18 Commission. 19 Mr.Arrigoni stated that the Church had secured a purchase agreement of the property. Mr.Arrigoni 20 presented a sketch of the current building and surrounding area. Additionally,various information 21 regarding the Church was distributed to the Commissioners for review. The Church is currently 22 located in Roseville. Mr. Arrigoni stated that there would be extensive landscaping to the existing 23 building, as well as a significant amount of renovation. There would not be any curb cuts, as there 24 are some currently on the property. On the southwest corner,brickwork would be instituted to give 25 the building a pleasing appearance. A street-side sign would be located by the entrance from Kenzie 26 Terrace. The northeast corner of the building would also be used for an entrance, but would be 27 considered the back of the building and additional landscaping would be implemented to spruce up 28 the property. 29 In response to Mr. Stille:s question regarding parking, Mr. Arrigoni stated that the Church's total 30 membership, including children,would be at approximately 150. Additionally,the interior of the 31 building would seat approximately 240, so adequate parking was currently in place. If additional 32 parking was needed in the future,the Church would investigate other sources. 33 Stille inquired about funding for the renovation,and Mr.Arrigoni responded that they have a funding 34 source in place through the Church's bank. The monies are in place and the renovation could begin 35 soon. • Planning Commission Meeting Minutes June 20, 2000 Page 11 1 Mr.Arrigoni said the target date for closing is November 1 and he would consider a minimum of 90 2 days for renovations. The earliest occupation date for the building, depending upon certain 3 circumstances,would be February,-2001. 4 Thomas inquired if the proposed street sign would be in the right of way. Mr. Arrigoni said the 5 Church is working with a sign person and the Church would stay within the required Codes in 6 relation to the sign. Mr.Arrigoni stated he is aware that the Codes are for the safety of the residents 7 and the Church has every intention of following the Codes to the greatest extent. 8 Hanson inquired if Mr. Arrigoni had a concern about the front door of the Church being in close 9 proximity to the street. Mr. Arrigoni stated that he believed the front door is 30-35 feet from the 10 street,but a possibility would be to close the door off with some landscaping. Mr. Arrigoni stated 11 the issue had not been considered by the Church at this point, but in response to the concern, the 12 Church would be interested in hearing suggestions. 13 Mrs. Lisa Arrigoni pointed out that there was a ramp along the front of the building complete with 14 landscaping that could help to alleviate the concern about the close proximately to the street. 15 Bergstrom noted that City ordinances do not include Churches in commercial districts because the • 5 City has felt that Churches and commercial districts do not support each other. The City is looking : 1 to provide land use that is both compatible and supportive of the other uses. Bergstrom stated that 18 both entities stand independent,and that since the property.is zoned commercial,the City searches 19 for businesses that support commercial. 20 Bergstrom stated that most- or all - of the City's churches are located in the residential area of the 21 City, as opposed to the commercial. Bergstrom cautioned Mr. Arrigoni that the request might be 22 difficult to achieve. 23 Mr. Arrigoni stated that the building is free standing, so it would be possible for the zoning to be 24 reconsidered, particularly in light of the fact that the residential area of Autumn Woods is nearby. 25 Mr. Arrigoni stated that he is encouraged to bring an updated building.and to maintain a presence 26 in the City. Mr.Arrigoni stated that he felt that.the Church would bring positive visions to the.City 27 and he would appreciate it if the Commission would provide the Church a serious consideration to 28 amending the zoning for this particular area. 29 Tillmann said her first reaction was concern about how the property would fit in with the community 30 green space with the St. Anthony Shopping Center and Village Green space. She would be 31 interested in Mr. Arrigoni's ideas with regard to how the Church would compliment that space. 32 Mr. Arrigoni stated that the Church is interested in working with the City and would like to review 3 the plans in order to blend and compliment the City's vision. Planning Commission Meeting Minutes June 20, 2000 • Page 12 1 Bergstrom stated that Mr. Arrigoni could obtain a copy of the concept plan of the St. Anthony 2 Shopping Center from Assistant City Manager Isom. 3 Hanson wished to direct Staff to work with the City's Consultant(Dick Krier)regarding obtaining 4 some ideas from regarding incorporating the Church into the vision of the St. Anthony Shopping 5 Center. Additionally, since the Church is non profit, that building would not generate the 6 commercial tax income that a commercial building would generate. The City has made a 7 commitment to keeping the St.Anthony Shopping Center a commercial entity,and he believed that 8 issue should be reviewed. 9 Thomas echoed Hanson's comments, but stated he was torn because the Church would be located 10 in a commercial as well as a residential area. Thomas would like to review the issue further in detail. 11 Melsha shared Hanson's concerns, yet stated that there is the possibility of increasing the usage of 12 St. Anthony Shopping Center and the green space by having the Church in close proximity. 13 Hatch mentioned that the architect could be asked to modify the entrances so as to alleviate the flow 14 of traffic. 0 5 A gentleman from Krause Anderson, the landlord for the Hamline Shopping Center where the .6 Church is currently located, wished to acknowledge the Church's excellent record as a tenant. He 17 stated that the Church has done an excellent job in renovating the space and the area the Church 18 occupies is quite impressive. The other tenants in the building are impressed with the Church as a 19 tenant, and the landlord stated the Church would be an excellent addition to the City. 20 Stille echoed Melsha's comments regarding the synergy the Church could bring to the St. Anthony 21 Shopping Center. 22 Mr.Arrigoni continued his presentation by explaining the programs the Church offers to its members 23 and various outreach programs in which the Church has become involved. 24 Isom wished, to clarify for the Commission that this is not a site-specific request because the 25 Planning Commission would be allowing churches citywide throughout the district,and then the City 26 would then issue a conditional use permit within the zone. 27 Basically, Isom stated that the Commission would be deciding if the City wished to add churches 28 as a permitted use under a commercial district,because currently churches are a permitted use under 29 a residential use. 30 Isom noted that he had spoken with City Attorney William Soth and it was determined that the only t 31 way this project could proceed would be for the City to modify the conditional use permit ? requirements of the City's zoning code. Planning Commission Meeting Minutes June 20, 2000 Page 13 I. Isom clarified that the owner of the property needed to forward a letter to Staff stating that the 2 - Church can act on behalf of the owner. After that process, an application must be submitted for 3 rezoning.and would require three readings before the City Council..Due to the nature.of the matter, 4 Isom noted it would not be likely that City Manager would waive the first two readings. 5 Bergstrom acknowledged that the next step would be to work with the property owner and put 6 together an application for rezoning. Isom stated that he would provide the application and it would 7 be up to Mr. Arrigoni to decide how to present the issue. 8 Chair Bergstrom thanked Mr.Arrigoni and the members of the Church for attending the meeting and 9 providing input. 10 : 5. Concept Review: 3813 Stinson Boulevard NE. 11 Chair Bergstrom requested a report from Staff 12 Assistant City Manager Isom explained the issue of building a Fuel Mart Car Wash on the property 13 at 3813 Stinson Boulevard,NE and is zoned C. This would require a permit for conditional use. 14 Since the owners own the adjacent commercial property(Fuel Mart),if the Commission wishes,they 15 would be willing to combine the two lots into one. If the lots are combined, then it would also 6 require a Declaration of Restrictions. • 17 Chair Bergstrom introduced Mr. Charles F. Habiger, HKS Associates, in attendance to represent 18 Hadi and Roger Abou-Mourad. Messrs. Abou-Mourad wished to build a cash wash and have 19 submitted an application to that extent. 20 Regarding watershed issues, Mr. Habiger stated that the site,under the RCWD,has to be 2'h acres 21 and within 1,000 feet of a protected wetland, or the site is located in the flood plain. Additionally, 22 the site is not increasing the amount of impervious surfaces. 23 Mr. Habiger stated that, if approval is received, construction would start almost immediately. 24 Regarding consolidation of the two parcels of property, it is his understanding that there are two 25 separate mortgages by two different lending institutions, and at some point, there could be one 26 financing package that would cover both parcels. Consolidation could be accomplished if the City 27 Council and Planning Commission so desire. 28 Tillmann inquired if there was enough business in that area to support another car wash. 29 Mr. Habiger stated that the other facilities are somewhat different. One of the other facilities is a 30 full-service car wash, and the other is a self-service car wash, and what Messrs. Abou-Mourad are 31 proposing is a drive-through car wash. • 2 Thomas mentioned that the building proposed is not aesthetically pleasing and he was not sure that 33 the building was compatible with what is proposed for the area. He personally felt that a restaurant Planning Commission Meeting Minutes June 20, 2000 Page 14 1 of sorts would be more desirable and was unsure of the neighborhood's reaction to another car wash 2 in the area. 3 Stille inquired if the existing structure (the fuel building) would be renovated. Mr. Abou-Mourad_. 4 stated that at this time, simply the car wash was being reviewed, and possibly in the future, a 5 renovation would be considered. 6 Hatch suggested that the Commission receive additional detail on proposed landscaping if this issue 7 were to come before the Commission-again. 8 Mr. Habiger announced that the car wash would have a pylon sign. Bergstrom requested that Mr. 9 Habiger work with Assistant City Manager Isom regarding the City's requirements for signage. Isom 10 noted that the City allows a gas station one pylon sign. 11 Various discussion ensued regarding the combination of the two lots and the advantages and/or 12 disadvantages to the City of such combination. 13 Bergstrom noted that some of the developers in the area have met with the Silver Lake Homeowners 14 Association and discussed any proposed projects. Although Bergstrom stated that the suggestion • 15 could not be given as a requirement,it would be an excellent suggestion that Messrs.Abou-Mourad 6 and Mr. Habiger meet with the Association to obtain input and provide information. 17 In response to an inquiry if the facade of the building could be improved to be more aesthetically 18 pleasing, Mr. Habiger stated that the architect would be involved and improvements would be 19 considered. 20 Jerry Kuske, who was in the audience, stated that he represented Don's Car Wash. He stated that 21 the hours of operation have been developed to match lifestyles and needs of the surrounding 22 residents. This is due to the fact,he stated,that certain warning bells or sounds must be used in order 23 to alert people to the starting of machines. 24 Bergstrom stated that he would like for the applicant to specifically address that issue in the 25 application, and that certain conditions and requirements could be implemented in the conditional 26 use permit to that effect. 27 Chair Bergstrom thanked Mr. Habiger and Messrs. Abou-Mourad. 28 VIII. CONTINUED BUSINESS. 29 1. Uydate on RCWD's permit No. 9611. 30 The update was provided for the Commission's information and Assistant City Manager Isom did 31 not have any further comments. 032 2. Livable Communities Demonstration Grant Application and Resolution No. 00-051. Planning Commission Meeting Minutes June 20, 2000 Page 15 1 Assistant City Manager Isom distributed a handout regarding this issue for the Commission's review. 2 3. Sample of a Planned Unit Development Agreement. 3 A sample of a potential Planned Unit Development Agreement was distributed to the Commissioners. 4 for review. 5 IX. COMMISSIONER INPUT. 6 Bergstrom announced he will be the Planning Commission representative to the June 27,2000 City 7 Council meeting. 8 1. Commissioner Comments. 9 Stille did not have any comments. 10 Hatch commented that he had obtained a copy of an ordinance from a nearby city with regard to the 11 placing of cellular antennas and the requirement that companies work together. Hatch suggested a 12 possible action for the future that the Commission could take to implement an ordinance requiring 13 companies to work together. • 14 Hatch continued by stating that he had become aware of a,planning grant application and that might 15 be related to some recent issues. Bergstrom requested that Hatch receive some of the particulars of 16 the application and subsequently requested that Assistant City Manager Isom place the information 17 into the Commission's meeting packages for next month. 18 Bergstrom commented that recently he attended a League of Minnesota Cities meeting,and become 19 aware of a company that assists cities in siting communications towers. The company would 20 inventory all of the City's property,and then make an evaluation of its applicability for the siting of 21 antennas. 22 Additionally,the company would assist the City in rewriting ordinances. Then,the company would 23 build the towers, charge rent to companies who use them, and then split the income with the City. 24 Bergstrom stated that possibly a moratorium should be recommended with regard to placement of 25 antenna towers until the Commission and City have had*a chance to work out a plan. 26 Bergstrom requested that Hatch provide a copy of the proposed ordinance he had obtained to 27 Assistant City Manager Isom for distribution to the other Commissioners. 28 Isom stated he would research the issue of towers and antennas, and investigate what other cities 29 have done. 30 Melsha did not have a comment,except to say that he agrees with the concept to review a proposed 31 ordinance for handling communication issues., Planning Commission Meeting Minutes June 20, 2000 Page 16 1 Thomas agreed that a recommendation could be made to the City Council to have a 60- or 90-day 2 moratorium on the issue. 3 On another issue;Thomas commented about the issue of the Frontline Church relocation. Thomas 4 suggested that if the Commission decided to move ahead with the Church's request, that the 5 Commission should investigate if other communities have faced this issue and the outcome. 6 Additionally,Thomas mentioned that it would be beneficial if the Commission had specific design 7 standards that could be referred to when speaking with developers regarding potential new projects. 8 Hanson commented that he understood that the City has had discussions with the individuals 9 regarding the Frontline Church project. Additionally,Hanson would like an explanation as to why 10 the Commission had not heard about the plans for the water issue north of 37th Avenue. 11 Bergstrom directed Assistant City Manager Isom to obtain a report on such issue, and stated that 12 there is a study being done currently with regard to the stormwater issue. Additionally,Bergstrom 13 will discuss this issue with City Manager Michael Mornson. 14 15 Tillmann inquired if the City had considered purchasing the Custom Liquidators property. Isom 1.6 noted that he was not aware of any such discussions., • 17 X. ADJOURNMENT. 18 Motion by Melsha, second by Hatch, to adjourn the meeting at 11:25 p.m.. 19 Motion carried unanimously. 20 Respectfully submitted, 21 Sue Selseth 22 Timesaver Off Site Secretarial, Inc. • I CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 27, 2000 4 7:00 p.m. 5 I. CALL TO ORDER. 6 Mayor Cavanaugh called the meeting to order at 7:00 p.m. 7 II. PLEDGE OF ALLEGIANCE. 8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance. 9 10 III. ROLL CALL. 11 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and 12 Hodson 13 Councilmembers absent: None 14 Also present: City Manager Michael Momson; City Attorney William Soth. 15 IV. APPROVAL OF JUNE 27,2000 CITY COUNCIL REGULAR MEETING AGENDA. 16 Motion by Hodson to approve the June 27, 2000 City Council Regular Meeting Agenda as 17 presented. 18 Motion carried unanimously. g19 V. PROCLAMATIONS AND RECOGNITIONS. 0 A. Proclamation Declaring National Ni hg t Out. ' 21 Mayor Cavanaugh reviewed for the audience and Council that the National Association of Town 22 Watch ("NATW") was sponsoring a unique, nationwide crime and drug prevention program on 23 August 1, 2000 called "National Night Out." 24 This National Night Out program provides a unique opportunity for St. Anthony to join forces 25 with thousands of other communities across the country in promoting cooperative,police- 26 community crime and drug prevention efforts. 27 Motion by Sparks to approve the Proclamation wherein the City Council of the City of St. 28 Anthony hereby calls upon all citizens of the City of St. Anthony to join the St. Anthony Police 29 Department and the National Association of Town Watch in supporting the."17th Annual 30 National Night Out" on August 1,2000. 31 Motion carried unanimously 32 VI. COMMUNITY FORUM. 33 Cavanaugh called for input from the audience and hearing none,moved forward with the agenda. 34 VII. CONSENT AGENDA. 35 Motion by Thuesen to approve the Consent Agenda which consisted of: 106 1. Regular Council Meeting Minutes of June 13, 2000;. 37 2. Licenses and Permits; City Council Regular Meeting Minutes June 27, 2000 • Page 2 1 3. Claims; 2. 4 Five pages of Verified Claims.. 3 4 Motion carried unanimously. 5 VIII. PUBLIC HEARINGS. 6 None. 7 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. 8 A. Resolution 00-052 re: Middle Mississippi Watershed Management Organization Bylaws. 9 Cavanaugh requested background information from City Manager Michael Mornson. 10 Mornson reported.that the Middle Mississippi River Watershed Management Organization 11 ("MMRWMO") is in the process of amending the Joint Cooperative Agreement by changing the 12 boundary of the MMRWMO to be consistent with the boundary of the new Capital Region 13 Watershed District("CRWD"). Currently, a portion of Falcon Heights which is in the 14 MMRWMO was also included in the new CRWD. The boundary change has been agreed to by 15 Falcon Heights and the MMRWMO Board and would result in Falcon Heights being removed 16 from the MMRWMO. 17 It has been requested that each member community review and comment on the draft capital 18 budget by August 1, 2000. 19 Motion by Sparks to approve Resolution 00-052, a Resolution Approving Changes to the Bylaws 20 of the Middle Mississippi River Watershed Management Organization. 21 Motion carried unanimously. 22 B. Resolution 00-053 re: Right of Way Permit and Facilily Use Agreement with Metricom, 23 Inc. 24 Cavanaugh requested a report from City Manager Michael Mornson. 25 Mornson stated that Metricom is seeking, via a "-Right-of-Way Permit and Facility Use 26 Agreement," the use/access of City-owned and NSP-owned street light poles, light fixtures, and 27 other structures within the Public rights of way. NSP has entered into a Master Lease Agreement 28 with Metricom. City Attorney Soth has reviewed the proposed agreement, and his letter of June 29 7, 2000 (which includes comments and recommendations), is enclosed in the Council's agenda 30 packets. 31 Cavanaugh introduced Bill Buell, President of Metricom, and invited him to address the Council. �2 Mr. Buell began by stating that Metricom is a national company and is excited about wireless City Council Regular Meeting Minutes June 27, 2000 • Page 3 1 internet connection. Furthermore, Metricom utilizes an external modem and the use of an 2 antenna.is utilized to access the internet. Additionally, it can be used in a network situation as 3 well. .In order to accomplish this wireless connection and provide a service to the community, 4 shoebox-sized radios are attached to street lights. The power for the radios is tapped from 5 existing photo sensors on the street light. The radios can also be attached to power poles. 6 Metricom does not plan to add any new poles or do any trenching in the right of way; however, 7 Metricom will need to use the City's right of ways in order to access the light poles and power 8 poles. 9 Mr. Buell stated that his purpose for attending the Council meeting was to request a right-of-way 10 permit and facility use agreement. If such approval is obtained, Metricom would then provide 11 the City with a map showing the poles that are to be utilized for placement of the radios. Mr. 12 'Buell explained that Metricom is simply a service company and does not provide software-of any 13 type. 14 Various questions were fielded from the Council regarding the specific details of Metricom and 15 the type of service it supplied. 16 Thuesen noted that Mr. Buell had mentioned that approximately 3% of the light poles in the City 407 would be utilized for the radios. Thuesen inquired if the poles on main streets, or side streets, 8 would be mostly utilized for the radios. His concern was the new, decorative lighting that is 19 being considered by the Council for some of the City's streets. 20 Mr. Buell explained that Metricom's goal is to cover the population, as opposed to the roads. 21 Generally, he stated, busy streets are avoided and decorative lighting is taken into consideration. 22 Horst inquired if the residents' security had been considered as an issue with respect to wireless 23 transmission. 24 Mr. Buell stated that wireless is usually considered more secure than wire lines (such as phone 25 lines). 26 Soth wished to clarify the last paragraph of Assistant City Manager Isom's memo of June 19, 27 2000. He wished to clarify that, although the memo implies to the contrary, he did not review the 28 agreement drafted by the attorney for the North Suburban Cable Commission, 29 Motion by Sparks to approve Resolution 00-053, a Resolution Approving a Right-of-Way Permit 30 and Facility Use Agreement with Metricom, Inc. 31 Motion carried unanimously. • City Council Regular Meeting Minutes June 27, 2000 • Page 4 1 C. Ordinance 2000-004 re: Curfews (1st Reading). 2 Cavanaugh explained that this proposed Ordinance is simply a rewrite and update of the City's 3 existing curfew ordinance. This rewrite is being done in order to bring the City's curfew 4 ordinance into compliance with the Hennepin County Ordinance. Cavanaugh further explained 5 that a local resident brought the discrepancies between the two ordinances to the Council's 6 attention. 7 For the benefit of the audience, Sparks reviewed the essential elements of the Ordinance: 8 * Juveniles under 12 years of age have to be home weekdays by 9:00 p.m., and Friday and 9 Saturday, home by 10:00 p.m. 10 * Juveniles ages 12-14 have to be home 10:00 p.m. on weekdays, and home by 11:00 p.m. 11 on Friday and Saturday. 12 * Juveniles ages 15-17 have to be home by 11:00 p.m. on weekdays and home by midnight 13 on Friday and Saturday. 14 . Motion by Horst to approve the first reading of Ordinance 2000-004, an Ordinance Relating to 10 5 Juvenile Curfew, Amending Section 1105 of the 1993 St. Anthony Code of Ordinances. 16 Motion carried unanimously. 17 D. Ordinance 2000-006 re: Amend Ordinance Relating to Planned Unit Development Ord 18 Reading). 19 Cavanaugh invited John Shardlow, DSU,to approach the Council. Mr. Shardlow briefly 20 reviewed for the Council and audience that the proposed Ordinance is consistent with the May 2, 21 2000 update of the critical path for the planned unit development ordinance process and Hillcrest 22 Development's redevelopment of the Apache Plaza. 23 Additionally, Mr. Shardlow reviewed that a Planned Unit Development("PUD")would be a 24 separate floating zoning district that could be applied for anywhere in the community. 25 Furthermore,the zoning would be determined through the PUD process. It is important to 26 remember, Mr. Shardlow stated,that any development must be consistent with the 27 Comprehensive Plan. 28 Various discussion ensued amongst the Council and Mr. Shardlow with regard to the specifics of 29 the proposed Planned Unit Development and details of the proposed Ordinance. 30 Cavanaugh inquired if a development committee had been considered. Mr. Shardlow stated that •31 consideration had been given to have the Planning Commission Chair, Assistant City Manager, City Council Regular Meeting Minutes June 27, 2000 Page 5 • 1 City Attorney, and Mr. Shardlow on a committ ee. 2 Mornson reaffirmed that a committee has.been.considered and stated that the proposed members 3 of the Committee were set forth in Assistant City Manager Isom's critical path document(which 4 was included in the Council's meeting agenda packets for informational purposes). 5 Motion by Cavanaugh to approve the Third Reading of Ordinance 2000-006, an Ordinance 6 Relating to Zoning and Planned Unit Developments; Amending Section 1655 of the St. Anthony 7 Code of Ordinances in its Entirety. 8 Motion carried unanimously. 9 X. REPORTS FROM COMMISSIONS AND STAFF. 10 A. Planniniz Commission Report from Meeting of June 20; 2000. 11 1. David and Paulette Sperryfor 4004 Fordham Drive, Lot Width and Lot Variance 12 Requests. 13 Cavanaugh invited Doug Bergstrom, Chair of the Planning Commission,to address the 14 Council. Mr. Bergstrom reviewed for the Council that David and Paulette Sperry were seeking a variance request(for the second time) for their property at 4004 Fordham Drive. 16 The Commission and City had previously heard and granted the Sperry's request for a 17 variance in May of 1999. However, Mr. and Mrs. Sperry, due to a variety of reasons, 18 were not able to act on the variance and build the house they had planned to construct. 19 Consequently, the variance has expired(effective for one year only), and Mr. and Mrs. 20 Sperry have had to begin the variance process over again. 21 Mr. Bergstrom stated that the Planning Commission held a public hearing in regard to 22 this matter, and that two residents had approached the Commission. One resident's 23 concern centered around the stormwater runoff from the new home to be constructed. 24 The other's concern was the issuance of variance requests until the flooding issues had 25 been resolved. Otherwise, Mr. Bergstrom stated, it appeared that the Sperrys had 26 communicated with their neighbors and there did not appear to be any strong objections 27 to the proposed construction. 28 Cavanaugh noted that Staff and Council could review other community's policies for 29 future use. 30 Motion by Horst to approve the request of Mr. and Mrs. David Sperry of a 15-foot lot 31 variance and a 1,015 lot coverage variance, which include the findings of fact as noted by 32 the Planning Commission in their meeting minutes of June 20, 2000. Such findings of 3 fact are as follows: (1)the property cannot be put to reasonable use with the current City Council Regular Meeting Minutes June 27, 2000 • Page 6 1 zoning; (2)the lot is unique in nature; (3) the landowner did not cause the uniqueness; . 2 and (4) the variance will be in the spirit of the Zoning Code and will not alter the 3 surrounding environment. 4 Motion carried unanimously. 5 2. AT&T Wireless for 2801 - 37th Avenue NE; Conditional Use and Variance 6 Request. 7 Mr. Bergstrom reviewed for the Commission that AT&T Wireless Services had applied 8 for a Conditional USe Permit to.allow for a new 75-foot cellular monopole to be placed 9 on an industrial zoned property at 2801 37th Avenue NE. AT&T has obtained 10 permission from the owner of the property, and such pole would be the second monopole 11 on that property. The first pole in existence is owned by US West. 12 Mr. Bergstrom noted that the Planning Commission had recommended approval of a 13 Conditional Use Permit for the 75-foot based on the conditions as noted in the Planning 14 Commission meeting minutes of June 20, 2000. 15 Motion by Thuesen to approve the Conditional Use Permit of a 75-foot monopole, which •6 would include all of the conditions as stated in the Planning Commission meeting 17 minutes of June 20, 2000. Those conditions include: (1) the monopole must be 18 constructed so that an additional 25-foot segment could be added in the future to allow 19 for another communications company to use the pole; and (2)the coloration of the pole 20 and accompanying equipment shelter must match the existing structure as closely as 21 possible. 22 Motion carried unanimously. 23 Bergstrom noted that the Planning Commission has been receiving similar requests for 24 cellular antennas and have requested Assistant City Manager Isom's assistance in 25 planning responses to those requests for the future. 26 3. Ordinance 2000-003 re: Amend Ordinance Relating to Lot Coverage and Building 27 to Land Ratio (1st Reading). 28 Mr. Bergstrom stated that the subject of lot coverage has been an issue with the Planning 29 Commission and local residents in recent months, and thus consideration of amending the 30 lot coverage ordinance was started. 31 Furthermore, Todd Hubmer, an engineer from WSB & Associates, had been contacted by 32 the Planning Commission to provide professional assistance in consideration of this issue. �3 In addition, Commissioner Tillmann provided the Commission research on City City Council Regular Meeting Minutes June 27, 2000 • Page 7 1 ordinances and policies. 2 Mr. Bergstrom noted that the Planning Commission.had proposed that the lot coverage 3 ordinance be changed in two ways: (1) decks would not be included as part of the lot 4 coverage ratio if the surface of the deck and.the area below the deck was a pervious 5 surface; and (2) to create a two-tier lot coverage limit. In that respect, lots over 9,000 6 square feet would retain the current 35% lot coverage ratio, and the lot coverage ratio 7 would increase to 40% for lots at or under 9,000 square feet. 8 Motion by Hodson to approve Ordinance 2000-003, an Ordinance Relating to Lot 9 Coverage and Building to Land Ratio, Amending Sections 1605 Subd. 44(a) and 10 1615.05., Subd. 8 of the 1993 St. Anthony Code of Ordinances. 11 Motion carried unanimoush. 12 Sparks acknowledged that the pursuit of this lot coverage ordinance change was an 13 excellent idea and she thanked the Planning Commission for following through on the 14 research and modifications to the Ordinance. 5 4. Consider Preliminary Plan for the Apache.Plaza Site Submitted by Hillcrest 16 Development. 17 Mr. Bergstrom noted that the Planning Commission held a Public Hearing on this issue, 18 and he directed the Council's attention to several documents in the Council agenda 19 packets for their review and information relating to this issue. 20 John Shardlow, DSU, was invited to approach the Council. Mr. Shardlow began by 21 briefly reviewing the project. He stated that the Council would be considering an 22 application for rezoning and a preliminary Planned Unit Development("PUD") approval. 23 Said application was made by Hillcrest Development for property known as Apache. 24 Plaza,New Market, and Taco Bell Sites. 25 Mr. Shardlow noted that the primary focus of Hillcrest Development is to redevelop 26 Apache Plaza into a predominately high-tech office building. Additionally; Hillcrest 27 would like the flexibility to market the property to some kinds of uses that may be more 28 like manufacturing or warehousing. This has been the subject of a lot of discussion; 29 however those uses must not change materially the uses and character of the building. 30 There is still an interest on the part of Hillcrest to discuss some of those conditions. 31 Furthermore, Mr. Shardlow stated that Hillcrest has presented a landscape plan which is 32 appropriate in terms of the level of commitment Hillcrest has proposed. The firm of DSU •33 has suggested some minimum standards and requested additional detail from Hillcrest. City Council Regular Meeting Minutes June 27, 2000 • Page 8 1 Additionally, Hillcrest has provided information regarding traffic.flow and patterns. DSU 2 has asked that a traffic study be completed and brought forward. 3 Mr. Shardlow said that with respect to project signage, Hillcrest was not in a position.to 4 provide information regarding signage because tenants have not been retained at this 5 point. In the future, however, this issue will be addressed. 6 Mr. Shardlow noted that water quality is a significant issue in the community. Hillcrest 7 has taken some steps towards remedying this situation, at least as far as Hillcrest's 8 responsibility is concerned. Again, Hillcrest intends on reviewing the situation and 9 complying with the requirements or exceeding the requirements as imposed by the 10 authorities. 11 Mr. Shardlow pointed the Council's attention to Page 122 of the Agenda Packets, wherein 12 there were 12 recommendations as provided by DSU. It was his understanding that the 13 Planning Commission voted to approve said recommendations at their June 20, 2000 14 meeting. t15 Both Cavanaugh and Thuesen noted concerns regarding the differences between 16 warehouse/manufacturing space as opposed to an office high-tech space as it relates to a 17 final outcome of Apache Plaza. 18 Cavanaugh expressed his opinion that the preliminary plan noted was not in a form that 19 articulated the expectations of the Council. 20 Mr. Bergstrom approached the Council and explained the Planning Commission's view 21 and understanding on the issue. 22 Cavanaugh noted that the issues raised in the meeting are critical in the final planning 23 stages. 24 Thuesen expressed his agreement that the Council must be cautious about the types of 25 businesses that are retained as tenants for Apache Plaza, either on a temporary or 26 permanent basis. 27 Mr. Shardlow explained that some of the concerns and issues needed to be raised and 28 discussed with the applicant(Hillcrest Development). Mr. Shardlow continued by stating 29 that it is his opinion that Hillcrest Development has proven itself to be honest and upfront 30 about plans and expectations. It would be Mr. Shardlow's advice to discuss some of the •31 issues with the applicant. City Council Regular Meeting Minutes June 27, 2000 • Page 9 1 Various discussion ensued between the Councilmembers, Mr. Shardlow and Mr. 2 Bergstrom regarding possible restrictions for the plan and/or the best plan for the City to 3 consider. 4 Mr. Shardlow said an idea would be to specify some uses as conditional uses. Hillcrest 5 would like to structure an approval and go forward with that approval to fill the building 6 with tenants. 7 Cavanaugh inquired about the time consequences if this issue was returned to the 8 Planning Commission for further review. City Manager Mornson stated that it would 9 delay the issue from 2-4 weeks, but it would still be possible to accomplish the goals 10 already set. The issue would return to the Planning Commission meeting on July 18, 11 2000, and would then.be passed back to the City Council at a Council meeting after that 12 date. 13 Anthony Gleekel, attorney for Hillcrest Development, approached the Council. He stated 14 that he understood the Council's concerns and expressed Hillcrest Development's position 15 on the issue. Additionally, he stated that the plan in question was not intended to be final 16 because there are many issues left to be studied and resolved. Additionally, Hillcrest's 07 goal is to present a final approval, along with a specific PUD agreement. Mr. Gleekel 8 explained that Hillcrest would be targeting office-high tech tenants; however, Hillcrest 19 would like the opportunity to be flexible in their tenant base. Additionally, conditions 20 could be placed regarding the details of the exterior of the building if certain types of 21 tenants, such as warehouse/manufacturing, were obtained. 22 Cavanaugh suggested finalizing the discussions at the Council meeting today in a 23 document so that some definition could be obtained regarding the feelings of the 24 Councilmembers. 25 Cavanaugh asked Mr. Shardlow his opinion about sending this issue back to Planning 26 Commission. Mr. Shardlow stated that whether it is sent back or not, the same language 27 needs to be incorporated into the document. In essence, he would support sending the 28 issue back to the Planning Commission. 29 The consensus of the Council was that the issue should be returned to the Planning 30 Commission for further review and consideration. 31 Cavanaugh directed City Manager Michael Morrison to manage the process of getting the 32 issue returned to the Planning Session, as well as institute a work session for the Council, 33 if necessary. City Council Regular Meeting Minutes June 27, 2000 Page 10 1 Mr. Gleekel suggested that a committee be organized to review the details of the plan. 2 City.Manager Michael Morrison had some ideas,as to the members of the committee. 3 Motion by Horst to table the plan, return the issue to the Planning Commission, and to 4 implement a committee. 5 Motion carried unanimously. 6 Cavanaugh asked Mr. Bergstrom about the locating of Frontline Church to the City, which was 7 discussed at the Planning Commission meeting on June 20, 2000. Mr. Bergstrom reviewed for 8 the Council that the Church was seeking to relocate the Church and Outreach Center to the 9 commercial property at 2654 Kenzie Terrace. This relocation would require a petition for 10 amendment of the zoning ordinance and permit for conditional use. The Planning Commission 11 had noted, and the Council agreed, that this request would be difficult to achieve. 12 City Attorney Soth advised that the Planning Commission should review the issue in full detail, 13 and have findings for denying or approving the request. Then, the Council should approve or 14 deny the request with specific findings as to the decision. 5 Morrison requested that Mr. Bergstrom be the Planning Commission liaison to the City Council 16 at the July 25, 2000 City Council meeting due to his familiarity with the issues and discussions 17 that ensued at this Council meeting. Additionally, Morrison wished to thank Mr. Bergstrom for 18 negotiating the process of obtaining the firm of DSU to assist in the Hillcrest redevelopment of 19 Apache Plaza. 20 B. Peter Willenbring of WSB & Associates, Inc. Will Present and Update on General 21 Engineering Projects. 22 1. Resolution 00-055 re: Harding Street Storm Water Improvements. 23 Cavanaugh welcomed Peter Willenbring of WSB & Associates and invited him to 24 address the Council. Mr. Willenbring provided a brief background of the project. A 25 public information meeting was field on June 7,2000 with the owners affected by the 26 proposed'Harding Street Storm Water Improvement project. This meeting was a follow 27 up to the February 29th meeting 28 Jeane Garene, Landscape Architect, and she has been working with the resident group 29 and WSB regarding landscaping of the project. Ms. Garene directed the Council's 30 attention to the landscaping plan, as included in the Council's agenda packets. Ms. 31 Garene stated that the proposed plan would be an amenity for the residents and provided City Council Regular Meeting Minutes June 27, 2000 • Page 11 1 for long, native grass that would not be mowed. This was an ideal choice because of the 2 slope of the land.- Some residents were concerned about the geese population, and Ms. 3 Garene stated that the issue had been taken into consideration when developing the plan._. 4 Ms. Garene stated that it was the resident's desire to begin the project as soon as possible. 5 Her firm's recommendation would be to obtain a contractor that is experienced in native 6 seeding, together with a three-year maintenance contract to ensure the success of the 7 seeding. 8 Additionally, Ms. Garene wished to point out that various trees and shrubs are depicted 9 on the drawing she presented, and will be incorporated with the native seeding. The 10 residents wished for the overall feeling of the area to be of woodlands. 11 Mr. Willenbring directed the Council's attention to a proposed schedule of the project that 12 was included in the Council's agenda packets. 13 City Attorney Soth wished to mention that if the Council plans to proceed with the 14 project this year, it would be necessary to begin a condemnation proceeding on all the 15 properties immediately. If in the meantime, if residents decide to sell their property, that •6 would be the most beneficial for the City. But, if there were residents who do not plan to 17 sell their property, then the condemnation proceeding would need to be in place. 18 However, he stated that if the project were done next year, then the City would have 19 ample time to negotiate with the residents first, and the condemnation process last. 20 Some of the residents in the audience expressed surprise at the condemnation process. 21 Mr. Willenbring stated that since it had been the residents' desire to begin as soon as 22 possible, the condemnation process needed to be brought up and addressed. Mr. 23 Willenbring noted that the optimal time of year for construction is in the fall when 24 residents' windows are closed and noise would not be as much as an issue. 25 City Manager Michael Mornson and City Attorney Soth reviewed together the process 26 and requirements for condemnation proceedings and the optimal options for the City. 27 Horst thought that the City had initially agreed to offer a settlement to the homeowners 28 for their property. Mr. Soth said that was correct; however,the condemnation 29 proceedings must be implemented because of the time frame that it takes to complete that 30 process in the case that a settlement could not be obtained. 31 Mr. Soth stated the process of obtaining the land is by a property-by-property negotiation, 32 as well as a property-by-property condemnation proceeding. In other words, each it3 individual property is negotiated separately from the others. City Council Regular Meeting Minutes June 27, 2000 ® Page 12 1 Mr. Willenbring.noted that the resolution included in the Council's packets did not 2 include.any language relating to condemnation proceedings. 3 Cavanaugh reviewed the issue by stating that the Council has been made aware of a 4 possible condemnation process if the "willing seller, willing buyer" approach would not 5 work. 6 Mr. Soth stated there was one way to avoid beginning the condemnation process, and that 7 is to postpone the project until the fall of 2001 (since fall is the best time to start). This 8 would allow for ample time to negotiate settlements with sellers of property. 9 Cavanaugh stated he would hope the City could settle with "willing buyer, willing seller," 10 but if not, the condemnation proceedings would be acted upon. It is a value to the 11 community to have a holding pond. Cavanaugh summed up by stating that if the 12 community wants quick construction of the pond,then condemnation is the best option 13 for uniform settlement. -14 Mr. Soth clarified that he stated that condemnation needed to be started, but it would be best for the City, and the residents if the negotiations never reached that point. In other 6 words, it would be to everyone's advantage to agree to a settlement, but condemnation 17 proceedings need to be started due to the time frame. 18 The other alternative about negotiating with residents over the fall and winter was 19 discussed, as opposed to beginning condemnation proceedings immediately and starting 20 construction in the fall of 2000. 21 Mr. Soth reminded the Council that there is one other option,which is to negotiate with 22 the residents, and begin the condemnation proceedings if necessary. 23 Mr. Willenbring reviewed that the residents had expressed an interest in beginning 24 construction right away; however,the residents were not aware at that time about the 25 possibility of condemnation proceedings. 26 27 A resident approached the Council and stated that delaying the project until the fall of 28 2001 makes sense because it would give the Council and residents time to negotiate. 29 Originally, he stated that the residents wanted the project to begin immediately; however, 30 none of the residents he rioted were aware of the condemnation process. 31 Another resident approached the Council and said that he had been told by the prior 40 2 Mayor that a fair settlement would be given. The resident was concerned that he would City Council Regular Meeting Minutes June 27, 2000 • Page 13 1 be forced to have out-of-pocket expenses and still would not be fairly compensated for 2 his property. Mr. Soth reassured the resident that he would be fairly compensated either 3 by an agreement between the resident and the City, and if the process went to Court,then 4 he would be fairly compensated by the Court. 5 Bob Strakoda, an appraiser and commissioner from the audience spoke to the Council and 6 explained the process of the appraisal process for these types of situations, and reassured 7 the residents in attendance that they would be fairly compensated for their property. 8 Jeff Winker, 2813 30th Avenue, approached the Council and presented a drawing that 9 was shown at the February 29, 2000 neighborhood meeting. 10 Motion by-Horst to approve Resolution 00-055, a Resolution Ordering Property 11 Appraisals, Purchase of Easements, and Preparation of Final Plans for Storm Water 12 Improvements at Harding Street, wherein the City Council of the City of St. Anthony 13 authorizes: 14 * The appraisal of affected properties for the purposes of acquiring drainage, 15 ponding, and utility easements; 06 City to acquire uire necessary easements for construction of storm water q 17 improvements; and 18 * WSB & Associates to prepare final plans and specifications for the proposed 19 improvements. 20 Motion carried unanimously. 21 Sparks mentioned that she would like to review any proposed maintenance agreements, 22 and she would like to ensure that high quality standards would be used in the construction 23 of the project. Sparks wished to recognize the sacrifice that the residents are making. 24 Motion by Horst to extend the meeting time past 10:30 p.m. 25 Motion carried unanimously. 26 2. Resolution 00-056 re: Order Feasibility Report on 2001 Street and Utility 27 Improvements. 28 Motion by Horst to approve Resolution 00-056, a Resolution Ordering Preparation of 29 Report on Improvement wherein the City Council of St. Anthony authorizes the proposed 0 improvement to be referred to WSB & Associates for study and that they are instructed to City Council Regular Meeting Minutes June 27, 2000 • Page 14 1 report to the Council with all convenient speed advising the Council in a preliminary way 2 as to whether the proposed improvement is necessary, cost-effective, and feasible and as 3 to whether it should best be made as proposed or in connection with some other 4 improvement, and the estimated cost of the improvement as recommended. 5 Motion carried unanimously. 6 Mr. Willenbring reviewed the remainder of the memorandum with the Council outlining 7 a list of projects that are currently ongoing within the City. 8 Mayor Cavanaugh thanked Mr. Willenbring for his presentation. 9 C. City Manager. 10 1. City Manager Michael Momson reported that a proposal would be received from 11 Mary Ann Jacobson regarding the grant proposal for Central Park. 12 2. The skate park proposal as submitted by the Parks Commission will be deferred to 13 the Council meeting on August 8, 2000. 04 3. There will be a survey in the Summer Newsletter regarding having one garbage 15 hauler for the City. . 16 4. The lighting proposal for 29th Avenue NE will be available July 19-25. 17 5. The current plan for the green space for the St. Anthony Shopping Center will be 18 presented by Dick Krier on July 11, 2000 at the City Council meeting. 19 6. Autumn Woods would be making a proposal for expansion of the facility on the 20 property. Updates would be forthcoming to the Councilmembers. 21 7. Mayor Cavanaugh and the St. Anthony Chamber of Commerce have sent letters to 22 Herbergers' corporate office regarding the redevelopment of Apache Plaza. 23 8. Evaluations regarding Silver Lake will be in the Council boxes soon. 24 9. Morrison reviewed the upcoming issues for the Planning Commission in July. 25 10. The City's Fire Chief is negotiating with the City of Roseville regarding an 26 Automatic Fire Response Contract. • City Council Regular Meeting Minutes June 27, 2000 • Page 15 1 XI. REPORTS FROM COUNCILMEMBERS. 2 Hodson met with the.Silver Lake Homeowners Association and the consensus to work with the 3 Council in establishing a long-term relationship.regarding water.quality. The Councilmembers 4 would be receiving a letter soon regarding the results of that meeting. 5 Horst wished to express his appreciation for the Planning Commission working late last week, 6 and to the Chamber of Commerce for writing the letter to Herbergers last week. Additionally, 7 Horst was planning on attending the Metropolitan Council breakfast. 8 Thuesen did not have a report. 9 Sparks noted that there is a VillageFest meeting at 6:30 p.m. on Thursday evening at City Hall. 10 Additionally, Sparks noted that there has been another complaint about speeders on 30th. 11 Apparently, a resident ran over a skateboard and, luckily,there was not a child on the skateboard. 12 However, it is about the third time that the resident has complained about speeding. A thought 13 was to put up the radar sign along that street so that residents could see the speeds. 14 Cavanaugh acknowledged that the golf notice has been mailed and he said that it looks like a 05 great outing. In connection with The National Night Out, Cavanaugh mentioned that 16 Councilmembers have, in the past, agreed to sign up for specific blocks. 17 XII. INFORMATION AND ANNOUNCEMENTS. 18 None. 19 XIII. ADJOURNMENT. 20 Motion by Horst to adjourn the meeting at 10:52 p.m. 21 Respectfully submitted, 22 Sue Selseth 23 Timesaver Off Site Secretarial, Inc. 24 25 Mayor 26 ATTEST: 0aw 4"-Z2 27 City Clerk 28 • I CITY OF ST. ANTHONY DRAFT 2 PARKS COMMISSION MEETING MINUTES 3 JULY 10, 2000 4 7:00 p.m. 5 I. CALL TO ORDER. 6 Chair Jindra called the meeting to order at 7:12 p.m. and welcomed everyone in attendance. 7 II. ROLL CALL. 8 Present: Chair Carol Jindra, Commissioners George Wagner, Julie Gebhardt, 9 Colleen Hallada, Daniel Ganley,.and Jan Jenson. 10 Absent: None. 11 Also Present: Public Works Director Jay Hartman, Representative from School 12 Board Denise Dunn, Representative from Community Services Diane 13 Skrivseth; Representative from Sports Boosters George Zurbey; City 14 Council Liaison Amy Sparks. 15 III. APPROVE JUNE 12,2000 PARKS COMMISSION MINUTES. •16 Motion by Zurbey, second by Hallada, to approve the June 12, 2000'Parks Commission 17 Meeting Minutes with the following changes: 18 Page 1, Line 22, change "baseball" to "soccer" 19 Page 4, Line 9, change "July" to "June" 20 Motion carried unanimously. 21 IV. DISCUSS CENTRAL PARK REDEVELOPMENT,WATER TOWER PARK AND 22 SILVER POINT PARK PUNCH LIST ITEMS. 23 Chair Jindra introduced Mr. Bob Kost, BRW, and invited him to address the Commission. 24 Mr. Kost stated he would begin the discussion with Central Park redevelopment, and in that 25 respect, drew the Commission's attention to a handout,which depicted the design de- 26 velopment cost estimate of the Park. Mr. Kost stated that some retaining walls have been 27 determined to be needed due to the sloping of the land. This will help with maintenance and 28 with part of the trail system. Upon discussions with the engineer, some mill and overlay 29 work were being considered for the existing park parking lot. Curb repair will be part of the 30 project as well. 31 Mr. Kost continued his report by stating that, since the last meeting, a prefabricated restroom 32 and concessions facility had been considered-- as opposed to the building discussed at an •33 earlier meeting-- and a copy of the photographs for such facility were presented to the 34 Commissioners. The prefabricated facility depicted in the photographs would be installed 35 and plumbed,together with electricity. Parks Commission Meeting Minutes July 10, 2000 Page 2 l In response to Chair Jindra's question regarding the difference between the prefabricated 2 building as opposed to what was considered before, Mr. Kost stated that difference is that the 3 prefabricated building has smaller space requirements and is not custom built. It allows for 4 additional flexibility. 5 Mr. Kost mentioned that the trails would be constructed so that maintenance vehicles would 6 be able to drive on the trail as necessary. Jenson mentioned the importance of vehicles being 7 able to have access to the trails for deliveries to the concession stand, among other things. 8 In response to some concern regarding the estimated cost of the redevelopment, Mr. Kost 9 stated that many items on the cost estimate were optional; however, BRW wished to present 10 the Commissioners with the best possible scenario for the Park and allow for reductions from 11 that point. 12 In response to an inquiry by Hallada regarding the cost of the building considered prior to 13 this meeting, Mr. Kost stated that the cost of the custom bathroom/concession stand would 14 have been approximately $50,000 once the fixtures were added. The prefabricated 15 bathroom/concession stand is estimated at$80,000; however Mr. Kost stated that a goal was •16 to.have a building that would have an attractive appearance, durability, and easily 17 maintained. 18 Mr. Kost and the Commission reviewed a sketch of a floor plan for the bathroom facility and 19 various discussion ensued regarding potential modifications of the floor plan and bathroom. 20 Lighting of the park was discussed, and Koehntop mentioned the possibility that lighting 21 would not be needed on a regular basis due to Daylight Savings Time. He mentioned the 22 potential cost of the lighting as well. Sports Boosters Representative George Zurbey 23 mentioned that most parks are utilized until approximately 10:00 p.m., and due to the fact 24 that it starts to get dark by 9:00 p.m., lights could be an important feature. Jenson agreed, 25 particularly due to the fact that lighting requirements would be needed into the fall as 26 Daylight Savings Time decreases. 27 The location-- and the amount of lights--was discussed, bearing in mind the close proximity 28 of the surrounding residents. 29 Jenson mentioned that he would like to particularly discuss lighting on two fields, which 30 would result in a figure of$160,000, as opposed to a figure of$280,000 which was 31 mentioned on the redevelopment cost estimate. •32 Mr. Kost mentioned that the Commission had previously discussed lighting the hockey rink, 33 and additionally inquired of the Commissioners if lighting on the trail would be considered. Parks Commission Meeting Minutes DRAFT July 10, 2000 • Page 3 1 Various options for lighting of the hockey rink were discussed, as well as the time of day 2 when the Park would close-and the lights turned off. 3 Jindra inquired about some potential solar lighting for the trails. Mr. Kost stated that the 4 problem with that type of system is due to the unpredictable weather of Minnesota. It would 5 confuse residents to have lighting at some times, and not others. 6 To review, Mr. Kost confirmed that two fields would utilize lighting, as well as the hockey 7 rink. 8 Mr. Ted Severson, 2504 33rd Avenue NE, was in the audience and noted that he has had 9 difficulty obtaining satisfactory results to his concerns about obtaining the soccer fields that - 10 the soccer program needs. He stated that he has talked with City Hall, many residents, and 11 the Parks Commission and is frustrated by the lack of results. 12 Chair Jindra wished to clarify that Mr. Severson has attended meetings of the Parks 13 Commission and has been allowed to speak substantially about his concerns and the issues 14 surrounding the lack of field space. However, all programs have had to make concessions 15 due to the lack of space and the Commission is working diligently to provide the City with �6 the maximum amount of space possible and accommodate both the baseball and soccer 17 programs as well. 18 Jenson wished to clarify that, particularly in connection with Silver Point Park, that a lot of 19 the capacity for the in-house program has been lost. Baseball has had to make concessions, 20 along with the soccer program. 21 Mr. Severson stated that he wanted to be guaranteed a soccer field in order to schedule the 22 appropriate games and practices. Jindra stated that this plan is still in the process of being 23 created and his concerns and communications are being considered, along with other issues. 24 Ganley mentioned that trust and communication must be relied upon, and he felt that both 25 have been provided. Additionally,he stated that cooperation must be implemented in order 26 for trust and communication to continue. 27 Mr. Kost clarified that the discussion taking place surrounded a field management issue and 28 was not the issue intended to be discussed at the meeting regarding redevelopment of Central 29 Park. 30 It was determined to continue with the discussion of Central Park redevelopment, and Mr. 31 Kost continued by reviewing the'punch list items with the Commissioners. These items 0 2 included-a review of the aggressive skate facility,high school soccer fields, softball fields, 3 sledding hill, and other issues. Parks Commission Meeting Minutes D L�1 11 July 10, 2000 • Page 4 1 The implementation of horseshoe pits as noted on the cost estimate was discussed because 2 horseshoe pits already exist at another park. Other options were considered instead of 3 horseshoe pits. 4 The Commissioners held a discussion regarding the turf to be implemented on the fields. 5 Additionally, Mr. Kost pointed out that the old wading pool would be demolished and a new 6 one built. Furthermore, sand volleyball was discussed for the Park as noted on the cost 7 estimate, as well as shuffleboard. 8 Specific details were discussed and reviewed, such as drinking fountain(s),benches, litter 9 receptacles, bike racks, and park signs. 10 Zurbey inquired if the Commission was being asked to approve the Central Park plan as pre- 11 sented. Mr. Kost mentioned that it would be beneficial to have the plan approved so that it 12 could be presented as sort of an unveiling at the VillageFest celebration. 13 Zurbey noted that he planned on taking the plan presented by BRW to the Sports Boosters 14 with the understanding that there would be some field rotation and some scheduling 15 information. 01.6 Jindra wished to state that she a reciated Mr. Severson's attendance and input. She did wish PP P 17 to clarify, however, that the Parks Commission was not involved in field management and 18 field scheduling. 19 Mr. Severson agreed and noted that he wanted to work together with the residents and the 20 Parks Commission in making Central Park successful. 21 Mr. Kost said that a laminated board with the proposed Central Park redevelopment plan 22 would be made up to place at VillageFest. Comment cards were suggested to be placed 23 appropriately so that residents could make comments about the proposed plan. 24 Jindra mentioned that the timeframe question has been mentioned repeatedly by residents 25 regarding the park. Discussion ensured regarding the best time to close the park in order to 26 begin reconstruction and it was mentioned that possibly sometime in June 2001. 27 Jenson recommended that Zurbey discuss possible funding issues with the Sports Boosters 28 and the level of commitment of funding in which the organization is interested. 29 Jindra reviewed that the Commission would approve the plan as presented with changes as 30 discussed at the meeting, and that a laminated board would be presented at VillageFest 1 depicting the proposed plan. Wagner and Jenson agreed that the City Council should review 2 the Plan prior to presenting it as a proposal at VillageFest. Parks Commission Meeting Minutes July 10, 2000 Page 5 1 It was noted that a City Council meeting was scheduled for Tuesday, July 11, and it was sug- 2 gested that City Council liaison Amy Sparks bring the issue to the Council at that meeting. 3 Ganley mentioned that this was only a proposed plan. However, Wagner expressed his 4 opinion that the City Council should be aware of the plan prior to presentation at VillageFest. 5 Discussion ensued about the issue of presenting the plan at the VillageFest celebration, and it 6 was determined that it must be clearly stated that the plan was simply a "proposed" plan. 7 Amy Sparks mentioned that she would announce to the City Council at the meeting on July 8 11, 2000 that the Parks Commission was planning on posting the proposed plan at 9 VillageFest. Mr. Kost noted that he and his associate, Augie Wong, would be willing to 10 attend a City Council meeting and explain the plan and developments of Central Park. 11 Jindra noted that Silver Point Park and Water Tower Park were both on the agenda. Mr. Kost 12 noted that WSB & Associates was in charge of Silver Point Park, and that issue would be 13 tabled. � 4 Augie Wong, BRW, noted some punch list items of Water Tower Park that required the 15 Commission's attention. He reviewed a list with the Commissioners and provided an update 16 to outstanding issues. Details such as raising the basketball hoop, and some restriping, 17 bathroom repaving, were discussed. Mr. Wong noted some minor issues that needed to be 18 reviewed for the playground area.. 19 Jindra noted that on May 20, 1999, the remaining play equipment was ordered and is yet to 20 be received. Mr. Wong stated that he has determined that the company is awaiting a safety 21 approval of the remaining equipment. Mr. Wong stated that he planned on meeting with 22 Flannigans (the company from which the equipment was ordered), and with Public Works 23 Director Jay Hartman. 24 Mi. Wong stated he would work with Flannigans to ensure a satisfactory resolution. 25 V. REPORTS. 26 A. Community Services. 27 Diane Skrivseth stated that Community Services does not meet during the summer. 28 B. School Board. 29 Denise Dunn will be attending.a meeting on Tuesday, July 11,2000 and will report back to 30 the Commission at the Commission's next meeting. •31 C. worts Boosters. Parks Commission Meeting Minutes DRAFT July 10, 2000 •. Page 6 4 l George Zurbey will be meeting with the Sports Boosters,will present the proposed plan, and 2 report back to the Commission at the next meeting. 3 4 VI.' OTHER BUSINESS. 5 Jindra noted that the Parks Commission's next meeting was scheduled for August 14, 2000. 6 Ganley noted that Hennepin County Parks would occupy a trailer for the VillageFest 7 celebration. He suggested that the Parks Commission coordinate an effort with the Hennepin 8 County Parks for VillageFest. 9 VIII. ADJOURNMENT. 10 Motion by Ganley, second by Hallada, to adjourn the meeting at 9:10 p.m. 11 Motion carried unanimously. 12 Respectfully submitted, 13 Sue Selseth 14 Timesaver Off Site Secretarial, Inc. • • 1 MEMORANDUM • DATE: 7/12/00 MEETING DATE: 7/18/00 TO: Planning Commission FROM: Assistant.City Manager Isom RE: Request to postpone public hearing for Hillcrest Development's preliminary and final development plans. Hillcrest Development's preliminary development plan for the Apache Plaza that includes a rezoning from "C" district to a PUD. The applicant has requested this hearing be postponed until after a special meeting of the Planning Commission can be held in either the City Hall conference or multi-purpose room. The Commission, at said special meeting, will also hear Hillcrest's final development plan for the Apache Plaza. Therefore, the Development Review Committee asks that the Commission move to accept this request, thus scheduling said Special meeting for August 1, 2000 or at such time thereafter as deemed appropriate by the Development Review Committee. Action required. Staff Recommendation: Staff recommends the Commission make a motion to accept the request and schedule a special meeting Tuesday, August 1, 2000 at 7:00pm. Cc: ' City Clerk Kroeplin • • MEMORANDUM DATE: 7/11/00 TO: City Manager Mornson FROM: Assistant City Manager Isom�/1- RE: UPDATE OF THE CRITICAL PATH FOR PLANNED UNIT DEVELOPMENT,(PUD) ORDINANCE/PROCESS AND HIL7.[WST DEVELOPMENT'S REDEVELOPMENT OF APACHE PLAZA PROPERTY To date the"Critical Path"is amended as follows: Critical Path/Important Dates DEW Complete Task 4/18/00 4118/00 Planning Commission meeting. Commission approved an amendment-to. the Comprehensive Plan. Commission to ask Hillcrest to withdraw their request for zoning map change and zoning code amendment. 4/25100 4/25/00 City Council meeting. Council to consider an amendment to the Comprehensive Plan. 4/27100 4/26/00 Planning Consultant. Consultant to submit"Application for Comprehensive Plan • Amendment"to Metropolitan Council. Planning Consultant to facilitate the approval of said amendment. 5/2/00 5/2/00 Planning Commission work session. Commission to hold work session with Planning Consultant,sta$and Hillcrest to discuss the draft PUD ordinance and process. 5/9100 5/10100 Planning Consultant Consultant to submit final PUD ordinance and related forms applications,etc.to staff Said ordinance and related documents shall be"approved as to form"by City Attorney Soth. Additionally,Consultant to work with Hillcrest to prepare them for the PUD process. 5/15/00 5/15/00 City Council work session. Council to hold work session with Planning Commission Representative,Planning Consultant,staff and Hillcrest to discuss PUD ordinance and process. 5116/00 5/16/00 Planning Commission meeting. Commission to hear PUD ordinance. Commission, Consultant,and staff to hold/hear Hillcrest Development's"Application Conference' and"Sketch Plan: 5123/00 5/23/00 City Council meeting. City Council to hear the PUD ordinance(one reading). 616100 6/6/00 Planning Commission work session. Commission to hold work session with Planning Consultant,sta$and Bllcrest. • 3 2 6/20100 6/20/00 Planning Commission meeting. Commission to hear(Public Hearing)"Preliminary Development Plan"(PUD/site specific)and make recommendations for approval or denial of said plan. Commission also to hear(Public Hearing)plan for Tax Increment Financing(TIF). 6/27/00 . 6/27100 City Council meetin& Council to hear Preliminary Development Plan (PUD/site specific). NOTE. Council referred Preliminary Plan back to the Planning Commission. 7/19100 ---- Planning Commission meeting. Applicant will request that the Commission hold a special meeting August 1, 2000 to re visit, via public hearing, the Preliminary Development Plan(PUD/site specific)to include rezoning of the Apache Plaza from "C'district to PUD designation. The applicant also requests that the Commission also review the Final Development Plan during said special meeting. 8/1= ---- Planning Commission"special"meeting. Commission to hold public hearing on the Preliminary and Final Development Plans to include rezoning of the Apache.Plaza from"C"district to PUD designation. &/8100 --- City Council meeting. Council to rehear Preliminary Development Plan(PUD/site specific) to include rezoning of the Apache Plaza from "C" district to PUD designation. 8//22/00 -- City Council meeting. Council to hear Final Development Plan(building specific), • findings of fact consistent with approvall denial,and final PUD.agreement. . The Development Review Committee for this project has been expanded to include:Mayor Cavanaugh,Mike Morrison, Doug Bergstrom,John Shardlow,Bill Soth and me. John Shardlow is the point of contact for this project and is working with City Attorney Soth,Hillcrest,and staff to meet all target dates. It should be noted that the"Critical Path/Important Dates"may change depending on the outcomes of the Council and Commission meetings. Cc: City Clerk Kroeplin Planning Consultant Shardlow City Attorney Soth MEMORANDUM DATE: 7/11/00 MEETING DATE: 7/18/00 TO: Planning Commission / FROM: Assistant City Manager Isom f. 1 RE: Public Hearing. Frontline Church and Outreach Center. Petition for Amendment to Zoning Ordinance. Pastor Bill Arrigoni, representing the Frontline Church and Outreach Center, is asking the City to consider adding a "Church" as a conditional use in a commercial district. Presently "Churches" are a permitted conditional use in all R1, R2, R3, and R4 districts citywide. If this petition is approved/accepted, then "Churches" will also be a permitted conditional use in "C" districts citywide. The Frontline Church has entered into a purchase agreement for the property located at 2654 Kenzie Terrace in the City of St. Anthony. If this petition is approved, the Frontline Church will subsequently submit an "Application for Conditional Use Permit." Staff Recommendasion: A completed "Petition for Amendment to Zoning Ordinance" has been received by the City. .Staff recommends the Commission either approves or denies the petition. If approved, then Staff will draft the necessary Ordinance in preparation for the next City Council meeting. Cc: City Clerk Kroeplin 5 Date: Fee: $100.00 CITY OF ST. ANTHONY Petition for Amendment to Zoning Ordinance Applicant: �r"o.Z�ki Ne C:c. r-r- . -r O wA r ca-c-� -•'�c Address: 7 R 1°� o�.���� 1 �oa��� �1 e , 11ti1� Phone: (6,S 3�- 5914 9" 55113 Request for change regarding: (check appropriate item(s)) Restrictions upon buildings, structures, or amenities Permitted uses — P,'**- Conditional uses Affected zoning district: /��.�.� Izala _.5 as cow �1 1 r1 • Proposed change(s) and reason(s) therefor: (`A ►n0.; �'! o a r c— C�Lkrc \ a Imp 1 !4 ca..-, bc.s'r— wee-%+ '-a l use. oss ' it (x c 91 e C o 16 31 � t (use additional sheet, if necessary) • Signature of pplic . 6 FRONTLINE CHURCH & OUTREACH 75-562'/960- 6279 PH.651-636-2594 2007.182 2819 N.HAMLINE AVE. Ryy1�OSEVILLE,MN 55113 $ PAY TO TH � -- ' o fir; �G11N11[l/lfi Nati Wil 631-1-040 onal Bank 7 1501 YAW candy R.W C.R°n°Qc nw 55113 memo 1:0960056 241: 200748 2((' 06 279 ru NA[ N2 34656 St. Anthony, Minnesota 55418 RECEIVED OF /� • - �`�/ Dollars o CASH W v CHECK A I O CITY OF ST.ANTHONY 3301 Iv Lake Rd. Phone(612)-789-6661 By THANK YOU • • June 29, 2000 Frontline Church and Outreach Center Spencer Isom Assistant City Manager 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Spencer, We are submitting this letter in preparation for concept review and public hearing. Frontline Church& Outreach Center has signed a purchase agreement for the property located at 2654 Kenzie Terrace in St. Anthony Village. We are aware that it is zoned commercial and requires a petition for amendment to zoning ordinance and permit for conditional use in a commercial district for the building to be used as a church. If the City Council would be so gracious as to accept us in to the community of St. Anthony, we would like to use the facility for the purpose of church assembly on the main floor and we would lease the basement level to a storage company. • We established this church in March of 1994 and we have been leasing from Krause Anderson at the Hamline Shopping Center for over five years. It has always been our desire to remain close to the heart of the city since so many churches have moved out into the suburbs because of the necessity growth brings. This facility would work well for us and we feel that we could be a very positive addition to your fine community. Our plans for this facility would be to make a complete renovation on the interior and exterior before occupancy would take place. Our goal is to close November 1, 2000 and move in on February 1, 2001. We will submit plans for new sidewalks,handicap ramp,parking lot resurfacing, new signage, and beautiful landscaping that will compliment the St. Anthony "Green-space Plan." We plan to spend approximately$75,000 on the exterior and$180,000 on the interior. _ I would like to thank you and the Committee Members for the time and consideration that you afforded us at the Planning Committee meeting on June 20, 2000. Enclosed you will find more detailed information on our organization and our plans. Thank you once again for your consideration. Sincerely, • Bill Arrigoni, for Frontline Church&Outreach Center 2819 Hamline Avenue.Roseville MN 55113 Frontline Church & Outreach Center 651.636.2594 Frontline Midway Church&Outreach Center 1571 University Avenue.St Paul MN 55104 651.659.0151 Narrative I. Profile of Frontline Church Senior Pastor: Bill Arrigoni graduate of Rhema Bible Training Center Tulsa, OK, licensed and ordained with World Revival Network Kansas City; MO. Pastor for six years, associate youth Pastor at Living Word Christian Center Brooklyn Park five years. Staff. Two full-time and six part-time employees Established: March 15` 1994 Membership: 150 people (45 families) Socioeconomic: Primarily middle to upper middle class, racially mixed, per capita giving is 50% above national average. Demographic: Majority of adults 25-60, married with 3 children, youth group of 25, residing in suburbs (Maplewood, Blaine, Ham Lake, Hastings, Champlin, Brooklyn Park, Ramsey, Savage, Woodbury). Subsequent Establishments: We established Frontline Midway Church and Outreach Center on University Avenue in St. Paul January of 1999. This Outreach Center was established as a church and a place of humanitarian activity for our entire organization. Many of those whom we have helped are now faithful members of our Midway church. II. Activities on site at 2654 Kenzie Terrace General Services: Fridays at 7:00 pm & Sundays at 10:00 am We would use this facility for church assembly, this would include music in the main sanctuary where adults would assemble followed by a Biblical message. We simultaneously provide ministry for all other ages (infants, toddlers, children,pre-teens, and teens) in different meeting rooms throughout the facility. Prayer Services: Thursdays at 7:00 pm The whole congregation assembles together in the main sanctuary for corporate prayer where we pray for our cities, nation, leaders as well as prayer requests from anyone in the community. 1 • Youth Meetings (ages 13-18): Friday evenings at 7:00 and one Saturday per month at 7:00 pm Youth participate in worship and then hear a gospel message. Vacation Bible.School: Usually in June or August forages 7-12 Children are invited from the community as well as our church and they join many fun Bible oriented activities which teach them about God and how to live right. This is a five day program which inspires children to follow the Lord and live godly lives. Daily: Office hours are from 9:00 am to 5:00 pm We normally staff the church offices Monday through Friday with two to three people throughout the day to take care of general church business as well as ministry work. III. Community Outreaches Picnics: We would like to do concerts in the park if permissible as well as open house picnics for the Village of St. Anthony residents. ® Thanksgiving & Christmas: We have had the privilege to spread good will to those in need on these special Holidays by giving them plentiful food baskets which have been provided by our church, community businesses and other churches. Last year we distributed 200 food baskets at Thanksgiving and Christmas. We were also a Toys For Tots distributor at Christmas time for families in need, many of which were local residents. Helping Hands: This ministry is somewhat of a spiritual S.W.A.T. Team. When someone in our community informs us that they need any kind of help, spiritual or practical (food, transportation, shelter, clothing, ect.) our team springs into action immediately to help and to pray with people whether or not they have even visited our church. Last year this ministry spent over$1000.00 in meeting.these types of needs throughout Roseville and St. Paul, yet we plan to further expand this ministry. This type of work usually takes place at the recipient's home or apartment, hospitals and nursing homes. Community Involvement: We are very interested in getting involved in community events since we consider community relations to be a very important part of our purpose as a church. 2 10 IV. Organizational Vision Church Planting: We plan to continue to plant more pew churches in areas where they needed throughout the Twin City Metropolitan area. Our motto is `Bring the church to the people Evangelistic: We have been very active in making a difference in our communities in which we have been located. It is not our goal to transplant people but as I said"bring the church to the people"to those who need or want a church. We do not believe in a style of outreach which"outreaches its welcome". We seem to have plenty,of God's work coming to us and we simply respond. Our outreaches in St. Paul have brought us before thugs, drug addicts, alcoholics, prostitutes and some very moral people. We have worked with other ministries, one of which is a ministry to prostitutes in St. Paul (Breaking Free) and we have seen some phenomenal results. Our ministry in St. Anthony Village will take on a flavor and form of its own, because we will simply respond to the needs of this community. Frontline has no interest in drawing any of those whom we have and are helping in the Midway area to the St. Anthony Village. We simply would like to have the opportunity to be accepted into this great community where we can take our place as a beacon for hope and good for all to see. Missions: We have been heavily involved in oversees missions work. We have brought three teams to India during the last fifteen months,we ministered to children,pastors, and thousands of people. The mission activities consisted of conducting meeting and distributing to the needs of the people. We intend to continue to maintain and increase our missionary activities. Stated Purpose: The purpose of the church as we see it, is to first minister to the spiritual and if necessary physical needs of the membership, to bring them to a place of maturity in Christ Jesus. Secondly we must provide the inspiration, training, and means to reach out to others. This is the heart of the Gospel of Jesus Christ. 3 11 V. Site Plan Storm Water retention and drainage: Although we will be doing quite extensive work on the exterior.of the building we will not be affecting the grade of the lot. The site has very adequate storm sewer access at the south side of the property as indicated on the site plan. The property has a steep grade which will carry water swiftly to the storm sewer. The north side of the lot drains towards Kenzie Terrace. We have no intention of introducing any new elements which would encumber the flow of drainage water. Demolition: We intend to remove the following items from the property. 1. Sign and pole near front entrance. 2. Sign pole at north west corn_ er of building 3. Sign and pole at southwest corner near the rear of site. 4. Awning above front entrance. Materials: 1. New awning made of canvas (color yet to be determined) • 2. Parking lot resurfaced in asphalt. 3. Fence at rear southwest wood split rail. 4. Dumpster enclosure brown treated wood with colored fence gate. 5. Signage brick base identical to brick on front of building, letters metal (color to be determined). Logo Flame& Sword sculpted metal. 6. Diamond shaped accents to soldier course in brickwork,metal (color to be determined). 7. Additional brickwork on northwest corner of building brick identical to.existing on front. 8. Sidewalks made of cement. 9. Landscaping walls on various planting beds constructed of landscaping block in Buff color matching that in the rear of the property on truck ramp. 10. Foliage for_planting beds will be a variety of shrubs plants flowers and ornamental trees which will blend nicely with the existing landscaping of adjacent properties and the St. Anthony"Green-space Plan". Easements: Frontline Church is willing to offer the city of St. Anthony an easement for a four-foot walking path running down the westerly side of the property adjacent to the apartment building. • 4 07/11/2000 16:20 2225341 VK ARRIGONI PAS 12 COMMERCIAL-INDUSTRIAL PURCUASE AGREEMENT • pam; Mgy 30 2000 RECY✓NED OF Frontline Church and Outreach Ce ter the sum of onethousand 654 Kenzie Terra e DOLLARS as earnest money and in part payment for the'. purchase of property situated in the County of Hennepin, State of Minnesota, ad legally described as follows: 1&t-002 Block 002 St. Anthony.VillaPrP CMRI GTR Addn No. 1 Pro ID: 0702923240020 and 0702923240021 together with the following personal property: NIA all of which property the.undersigned has this day sold to the Buyer for the sum of: Six hundred and twent -five thousand dollars ($625.000.M DOLLARS, which the Buyer agrees to pay in the following manner: Barnest money herein paid as 11,000.00 upon lease signature and V,000.000 ,upon removal of contingency#3 (See Addendum#1) as additibnal earnest money and J57.000.00, cash on ur bcfoie Scvtembcr 1, 2001, the date of closing and the balance of$5583000.00 by financing as shown on the attached addendum. 1. DEEDINURKETABLE TITLE: Subject to performance by the Buyer, the Seller agrees to execute and deliver a general/marketahle Warranty Deed conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of the premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and .drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: **See Attached Addendum 2. REAL, ESTATE TAXES. Real estate taxes due and payable in the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this Agreement. Real estate taxes payable in the years prior to closing shall be paid by Seller. Real estate taxes payable in the years subsequent to closing shall be paid by Buyer. 3. P 1 w SSESSNIENTS. r . efte.] ur THE P AWE 9SIN6ISELbER �bL PAY en-the date-a€610sir+g fig-iestdiffieFfts ,.f Weal assessfnsets-�ed for pttyineat with#te real estme taxes due-and payubje in awyeef ef elesing. r special assessme Seller-shall pay eft date of 0094fig any defefFed-real-estme A i.srequiredar, of dais GAb- • 4. PROBATIONS. All items customarily prorated and adjusted in connection with the closing of the sale of the property herein including but not limited to rents, operating expenses, interest on any d 07/11/2000 16:20 2225341 VK ARRIGDNI P4 13 commERcuL.IND'USTRIAL PURCHASE AGREEMENT • 2654 Kenzie Terrace Page 2 of 5 assumed by Buyer, shall be prorated as of the date of closing. It shall be assumed that the Buyer will own the property for the entire date of the closing, 5. DAMAGES TO REAL PROPERTY. If there is any loss or to the the Seller. If the property is hercuf and the date of closing, for any reason, the risk of loss shad be destroyed or substantially damaged before the closing, this Purchase Agreement shall become null and void, at Buyer's option. Buyer shall have the right to terminate this Purchase Agreement within 30 days after Seller notifies Buyer of such damage. Upon said termination, the earnest money shall be refunded to Buyer and Buyer and Seller agree to sign a cancellation of Purchase Agreement. . 6. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering bankruptcies and State and Federal judgments, liens and levied and pending Special absebslllonts. Buyer shall have 10 business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objections or, at Buyers own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have 10 business days after receipt of the commitment for title insurance to provide seller with a copy of the commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable 10-day period set forth above, except that this shall not operate as a waiver of Seller's covenant to deliver a Warranty Deed, • unless a Warranty Deed is not specified above. If any objection is so made, Seller shall have 10 business days from receipt of Buyer's written title objections to notify Buyer*of Seller's intention to make title marketable within 120 dayb fruiu Seller's receipt of such written objection. If notice is given,payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Purchase Agreement According td its terms. If no such notice is given or if notice is given but title is not corrected within the time provided forth, this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement. If title to the property to be found marketable or be so made within said time, and Buyer shall default in any of the agreements and continue in default for a period of 10 days. Then and in that case the Seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by Seller as liquidatOd tlauiagcs, tiII1e being of the essence. This provision shall not deprive either party of the right to enforce the specific performance of this contract provided this contract has not been terminated and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. 7. POSSESSION.Seller shall deliver possession of the property on the date of closing. 8. REPRESENTATIONS AND WARRANTIES. See attached addendum. 9. .TIME IS OF THE E85 NC E FOR ALL PROVISIONS OF THIS CONTRACT. 10. WELL DISCLOSURE STATEMENT. There are no wells. BUYER AND SELLER INITIAL: • Buyer(s)�,. Seller(s) 11. ADDENDA.Attached are(2)addenda,which are made a part of this Agreement. 07/11/2000 16:20 2225341 VK ARRIGONI P 14 COMMERCIAL-INDUS'T'RIAL PURCHASE AGREEMENT • 2654 Kenzie Terrace page 3 of S 12241SCELLANEOUS PROVISIONS: (a) Survival. All of the warranties, representations, and covenants of this Agreement shall survive and be t;ttfon,eable after the closing. (b) Entire Agreement; Modification. This Agreement constitutes the complete agreement between the and supercedes any prior oral or written agreements between the parties regarding the property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. (c) Succesbors tend Assigns. If this Agreement is assigned, all provisions of this Agreement shall be binding on successors and assigns. 13.ACCEPTANCE DEADLINE.This offer to purchase,unless accepted sooner, shall be null and void at 11:59 PM June 5-400 and in such event all earnest money shall be refunded to Buyer. NOTICE Jim Stimmler Kraus-Anderson Realty Represents Seller (Agent) (Company Name) Represents (Agent) (Cumtnu,y Nuroe) • THLS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD,SEEK COMPETENT ADVICE. Dated:�� . Dated: to SELLER BUYER SELLER BUYER Selling Agent • 07/11/2000 16:20 2225341 VK ARRIGONI P 15 C0M1»RCLkL- DUSTRIAL PURCHASE AGREFZVMNT 2654 Kenzie Terrace • Pagel of 5 ADDENDUM TO PUKCTHASE AGREEMENT 41 Dated: .May 30,2000 property Addrebb: 2654 Kenzie Terrace Property ID: 0702923240020 and 07 240021 OFFER SUBJECT TO: 1. Obtaining successful bank tinancinga r-c e?�Alt ° t¢,.�•.l« 2. Building appraises for purchase price. 3. Obtaining special use permit for buyer's use; church and storage on bottom floor, as lease space. 4. Inspection by qualified professional on roof,foundation, mechanicals, electrical and plumbing. Seller will bring into satisfactory working condition if any repaim are needed to comply with all local codes and ordinances. 5. Subject to Buyer's and Seller's attorney's approval of purchase agreement within 10 days after Buyer's and Seller's signatures of Purchase Agreement. 6. Buyer's review and acceptance of a well.disclosure statement. t 7. Upon removal of Contingency#3 (obtaining a special use permit from the city of SL. Auttiony for said use)Buyer will deposit ail additional$9,000.00 earnest money in a Kraus-Anderson trust account within 10 business days of completion. Said trust account shall be an interest bearing account. 8. Upon signatures of Buyers and Sellers of this Purchase Agreement dated May 30, 2000, shall void Purchase Agreement between same Buyer and Seller dated April 7,2000, A.Y+ril 1 R, 2000, and May 4, 2000, and earnest money of Purchase Agreement dated April 7,2000 shall be applied to purchase agreement dated May 30, 2000. 9. Property shall remain on the market for sale until all contingencies have been removed. However, any or all subsequent offers or purchase agreements shall be subject to cancellation of this agreement agreed up on by the buyer. 10. Seller shall grant buyer the first right of first refusal on the sale of the second mortgage on the same terms as acceptable to other purchaser. 11. Buyer will indemnify Seller for any costs/assessments to Seller related to the application to the City for a special use permit. 4Q�(�'s- 12. First Right of Refusal: ForM&ys after the date of this agreement,Seller_will not enter into another purchase agreement that activates Buyer's fiat right of refusal before September 1, 2000. Thereafter, upon written notification to buyer that seller has received another acceptable offer,buyer shall remove all contingencies(within 5 business days) and proceed to closing within 60 days or this purchase agreement shall become null and void and all earnest money shall be returned to buyer with any accumulated interest. The above closing date of 60 days after notification is contingent upon buyer being released from its present lease at the Hamline Shopping Center, otherwise clusing date shall occur September 1,2001. Seller shall pay all special assessments levied and including or payable prior to September 1, 2000. Buyer shall Y&ly all special assessments levied or pending after September 1, • 2000 as ordered by the City Council or other governmental assessing authorities. Buyer and Seller shall prorate as of date of closing,real estate taxes due and rayshle in the year of closing. 07/11/2000 16:20 2225341 VK ARRIGONI PA 16 COMMERCIAIrINDUSTRIAL PURCHASE AGREEMENT • 2654 Kenzie Terrace Page 5 of 5 ADDENDUM TO PURCHASE AGREEMENT#2 Dated: May 30,2000 Property Adthess: 1,654 Kenzie Terrace Property ID: _ 070292'i24(1n20 and 0702923240021 FINANCIAL ADDENDUM: Purchase Price: $625,000.00 Cash at Closing: . -57,000-00 Bank Financing: 41 9,M)Q_00 Seller Financing: 150,000.00 by second mortgage, 5 year term. 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QE9TwRANT 1300 SEATS) ya,+)�. s• edo M DAIRT gIEEH f71P416101 LWILpN-i AREA I4O0 S.F. - marM/SCLI N RETAIL PARKING 40 9PKF5 gr a. I '. (4.3 SPACEW=9f.OF RETAIL AREA) t�"' p WEST RErAR mm.DMG 16,700 5 F. - DATCARE SPACE 10.000 S.F i 5T.ANTHONY FIRE STAnd 5(SPACES - PARKWG SPACES (4.6 SPACES/10W 31 SSf.; IL.RETA AREA) HRGIK POST 9UILPNi 6d SPACES ' �� ?ti I - PARRRIG SPACF9 �s V (73 Sl1000 SPACE S F OF R 4 ETAM1 AI�FA��'• L.3M •� _ !F I I I I ne yt�pM F I ; ;,���uy�,���. ��iIIIIIIIIIIIIIIIIILII_I_LL� `y ��3+�.'v�X•�� 1R AA» J ILL III' �" �-� °.°mr •}G°I>I I I I I I I I I I I I I I I I I I I I I�� - AnaAwa� F r SAINT ANTHONY I , 9.j VrL o SHOPPING ` + CENTER SAINT ANTHONY,MINNESOTA PREPARED TOR REPUBLIC lNVEgn+tXTCOMPANY �• ` nd' `9 Tush;e Monlgomcry AS00CIOteB K. Inc. ..+^ +3Y,Zf.l�f I PROPOS M ST RP AN - OPTI ' KkA r-aor A4.Iw 0eA�•.saa w... 3300 Edeea.0'eM• *6M A6e4maN.AfA..em 95439 • • 25 MEMORANDUM DATE: 6/13/00 MEETING DATE: 6/20/00 TO: Planning Commission FROM: Assistant City Manager Isom RE: Concept .Review. Frontline Church and Outreach Center. Petition for Amendment to Zoning Ordinance and Concurrent Conditional Use Permit. James Abbott, Associate Pastor has submitted the attached June 12 communication for locating the Frontline Church and Outreach Center in the commercial property at 2654 Kenzie Terrace. Requires a petition for amendment to zoning ordinance(adding a church as a conditional use in a C district) and permit for conditional use. 'The Church does not own the property. Therefore they can not serve, without written permission from the owner, as the applicant. Staff Recommendation: Since this is a Concept Review, staff has no recommendation at this time. Cc: City Clerk Kroeplin • • 26 Frontline Church -and Outreach Center June 12,2000 Spencer Isom Assistant City Manager 3301 Silver Lake Road St.?.nthony,MN 55418-1699 - Dear Spencer, - We are submitting this letter in preparation for concept review and subsequent public hearing. Frontline Church and Outreach Center has recently signed a purchase agreement for the property located at 2654 Kenzie Terrace in St.Anthony Village. We are aware that it is zoned commercial and would require a - • petition for amendment to zoning ordinance and permit for conditional use in a commercial district to allow the building to be used as a church. If the City Council would be so gracious as to accept us into the.' community of Saint Anthony Village we would like to use this facility for the purpose of church assembly on the main floor and we would lease the basement to a storage company. We established this church in March of 1994 and we have been leasing from Krause Anderson at the Han-dine Shopping Center in Roseville for over five years. It has always been our desire to keep our church in the city since so many churches have moved out of the cities for necessity of growth. This facility would work well for us and we feel we could be a very positive addition to your fine community. Our plans for this facility would be to make a complete renovation on the inside and exterior before occupancy would take place. We will submit plans for new sidewalks,handicap ramp at entrance, resurface parking lot,signage(within city codes)and beautiful landscaping which will be complimentary to the city's plan for the area. We have had to do quite an extensive renovation at the Hamline Center space in order to make the space acceptable for assembly and through it all we have had a very good working relationship with the city of Roseville. I hope that you will give our application your most serious consideration as I think churches are a very important part of a strong and healthy community.. Thank you for your consideration. Sincerely, - James Abbott,Associate Pator_ := • Frontline Church&Outreach Center i Frontline Church&Outreach Center 2819 Hamline Avenue.Roseville MN 55113 - 651.636.2594 Frontline Midway Church&Outreach Center 1571 University Avenue.5t Paul MN 55104 27 • St. Anthony Planning Committee We would like to thank the members of the planning committee for considering our possible membership to the community of St. Anthony. It is our,hope that you will grant us the zoning variance we require to bring our church family into this neighborhood. Front line Church & Outreach Center; ❖ FCOC established in Mauch of 1994. ❖ Our vision is to stay close to the heart of the city and to be a light to those in need of help and hope. ❖ We are very outreach oriented; we are heavily involved in mission work and have been involved in several community outreaches. ❖ We have a full compliment of ministries including nursery, toddlers, children, pre-teen, and youth. ❖ Our membership is at 150 including children. 2654 Kenzie Terrace ❖ As you can see by our architectural rendering that this property has wonderful potential to suit our purposes as well as complimenting the aesthetics of the area. ❖ We intend to invest $75,000.00 on exterior improvements and $185,000.00 on the interior. ❖ The exterior accoutrements will include extensive landscaping, brick - base signage with flood lighting, handicap ramp & parking, newly surfaced parking lot, new window treatments and a beautiful walkway awning. • a�g rl ► J� �i05�d1 i • �,aZ�� Tt`�1S '�I�S.•13 1�1Wlpn rniry y'vli -uv aarvn a fiZmI YOO • fir► � � ` � • 6% 69I v It A 1 t v r 79 I1• . 410, • � • �t „ Nh �I i p � e o • �! *a,�q:;'----- - `P+ ;' •• B I•PA2KI Ll Co S PA CA-=S TcFrAL o� ► e / 3•NAurmcOPPEO seb -Es � . 1n T i , r db N •1' �. V� •1 4b 5 3 =1 rr �l l '. t: a.. 6•F. slam At 1IIIJ • �' 31 MEMORANDUM • DATE: 7/12/00 MEETING DATE: 7/18/00 TO: Planning Commission FROM: Assistant City Manager Isom, RE: Public Hearing. Application for Conditional Use Permit for a Fuel Mart Car Wash on the Commercial Property at 3813 Stinson Blvd. NE. The applicants, Hadi and Roger Abou-Mourad, seek to build a Fuel Mart Car Wash on their property at 3813 Stinson Blvd. NE zoned C. According to City Code their project requires a permit for conditional use. A concept review was held before the Commission on 6/20/00. The applicants have taken the Commission's comments into consideration and resubmitted a complete application to staff. Staff Recommendation: Staff recommends that the Commission review the minutes from 6/20/00 and the application found in the Commission's packet and either approve or deny said application. Please note, when making a decision, that a conditional use, for practical purposes, is the same as a permitted use. However, the City can require the applicant to construct according to reasonable conditions placed upon said applicant by the City Council. Cc: City Clerk Kroeplin • 32 late: 2C60 Fee: $130.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT Applicant: �� ' 1`"0 Phone: W� �� ` �p Address: Status of applicant (owner, buyer, renter, agent, etc.): Street address and/or legal description of property in question: M500 13LV D>1 A Zoning district in which property is located: [ f �� al proposed: Conditional use Minnesota Statutes and City Ordinances require that the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if necessary. 1) The p roposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. Lim 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of Rersons residing or working in the vicinity or injurious to property values,or improvements in the vicinity. K 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare �t��eig boyhood or munity._ � �y e�Lit)s`y- Yes `moo ' �'� lU I Signature of applicant: - - - - i ;� 33 APPLICANTS, PLEASE NOTE: All developers or property owners must submit the following information to the City of St. Anthony Village by the Tuesday that is 30 days.prior to the meeting of.the Planning Commission or City Council meeting at which the request will be heard at a public hearing. 1. Complete application for specific request and pay fee. 2. Complete survey and site plans (including measurements), showing building, driveways, curb cuts, ingress, egress, etc. on the property and in relation to adjacent sites. I Explanation of materials used, and plans for screening, landscaping, fencing and dumpster enclosures. 4. Drawings of completed buildings, if appropriate to the project, and materials used. 5. Storm water retention and drainage plans. The appropriate water shed district or water management organization are required to be notified of the project. 6. A letter explaining the reason for the variance or conditional use. In the letter, please describe that the undue hardship is and have all the questions from the previous side answered completely. An incomplete application will not be scheduled before the Planning Commission or City Council. A 34 N° 34655 St. Anthony, Minnesota 55418 RECEIVED OF 4 'r o CASH / `�. •,� % P CHECK 1 CITY OF ST.ANTHONY 3301 S'lvor Lake Rd. Phone(612)-7894881 By THANK YOUI IT7 TH18 CHECK IS DEUVEREO FOF PAYMENT ON THE FOLLOWING ACCOUNTS. 1� DATE AMOUNT 7133 IE FUEL MART, INC. 3813 STINSON BLVD., NE PH. 612-788-2609 ST. ANTHONY, MN 55421 56-15222501 _ �1 S cy 910 DATE �C i IF TOTAL OF INVOICES PAY LESS-%DISCOUNT THE < OPRER OF- $ 1.3o LESS FREIGHT LESS C N �• A� t DOLLARS �.,a� I. TOTAL DEDUCTIONS , AMOUNT OF CHECK *RRSARSa�k,N.A.NA. !FFE Balk Without Bolmdades h L MP 11300 ? 133um -1:09 10 IS 2 241: B46301 19 • CIVEL ENGLNEERING LANDSCAPE ARCHITECTURE ENVIRONMENTAL SERVICES 35 URBAN PLANNING CONSTRUCTION SERVICES PROJECT NARRATIVE: June 30, 2000 On behave of Hadi & Roger Abou-Mourad,the owners,they respectfully request that the City of St. Anthony grants a Conditional Use Permit to construct an automated tunnel car wash on the property site at 3801 Stinson Boulevard Northeast, St. Anthony, Minnesota 55421. PROPERTY ZONING: The property is currently zoned Commercial and all surrounding adjacent property is also zoned Commercial. Automotive uses are permitted as a Conditional Use under this zoning classification. SITE AREA AND EXISTING CONDITIONS: The site is 28,143.64 square feet or .646 acres in area. The site currently has a freestanding fast food restaurant building located on it, which would be demolished, and all other site improvements removed if approval is received from the City. LANDSCAPING: The existing over-story boulevard trees surrounding the site are proposed to remain. Additional landscaping is proposed as screening and enhancements in the islands at each end of the car wash building, along the north foundation of the car wash building, along Stinson • boulevard, and several over-story trees at the north west edge of the site. FUTURE EXPANSION: The owners will request approval from the City next year to construct a 30 foot wide by 109 foot long, 6 bay service facility attached to the south of the car wash structure. PROPOSED NEW DEVELOPMENT: The Owners propose to construct a 108' — 8" long by 30 foot 8 inch wide car wash structure totaling 3,343 square feet. The proposed height of the .- structure v6ll be 14 feet 8 inches. It is proposed that a 55 gal. Trash cart will be stored inside the electrical service room and only placed outside for weekly pick-ups. OPERATION: The operation of the convenience car wash will be in conjunction with the owner's existing Conoco service station & convenience store business located on the adjacent property immediately to the north of this site. It is proposed to construct an internal connection between the two sites to facilitate vehicular circulation from the gas station to the car wash facility. It is proposed that the car wash will have the same hours of operation as the Conoco fuel mart. The facility will be fully automated with out the need for on-site employees. HI+S ASSOCIATES INC • 831 RAYMOND AVENUE SUITE 100 ST.PAUL,M11N 55114 PHONE 651/659-973'- FA-\651/659-0891 E-Mail:info®hksassocia[es-com • ARCHITECTURAL FINISHES: The building is proposed to be constructed with brick and `rock face' unit masonry facade, a 4 foot high pre-finished metal facia and cap flashing. Colors of the metal facia and cap flashing will be copper.The owners plan to upgrade the facade of their existing building; in conjunction with several other improvements to their existing building, with a new pre-finished metal canopy of the same color. The `rock face' unit masonry will be tan in color at the base 4 courses and alternate with a dark brown brick coursing. Refer to Architectural drawing A-2 for detail of the proposed coursing. SIGNAGE: The Owners propose to install signage at the north and south facades of the building with the text to read"CAR WASH". Refer to Architectural sheet A-2 for specific locations. There will be two monument directional signs located on the site for traffic flow and signage on each end of the building designating entrance and exit for customer information. PARKING: It is proposed to pave the lot excluding the future expansion area. 9 parking stalls are proposed to service the car wash facility including one Handicap stall. • •