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HomeMy WebLinkAboutCC PACKET 08261997 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102250 Box: 22 Folder: CC PACKETS 1994-1998 Document: CC PACKET 08261997 CITY OF ST. ANTHONY • CITY COUNCIL REGULAR MEETING AGENDA August 26, 1997 7:00 PM Council Chambers 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II ROLL CALL. III. APPROVAL OF AUGUST 26, 1997 REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF AUGUST 12, 1997 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. A. Hessian, McKasy & Soderberg (re: Schnitzer) - $3,000.00. B. Lund Martin Construction - $48,260.00. C. Rieke Carroll Muller - 1 . $3,215.21 . 2. $8,161 .05. D. Ramsey County - $46,110.00. • E. Superior Ford 1 : $19,289.00. 2. $19,289.00. F. Verified. VII. REPORTS. A. Planning Commission - August 19, 1997. 1 Rick Lorenz, for 3821 Foss Road; side yard setback variance. 2. Ordinance 1997-006, re: Signage for professional buildings (1 st reading). B. Councilmembers. C. Mayor. D. Acting City Manager. VIII. PUBLIC HEARINGS - None. IX. NEW BUSINESS - None. X. UNFINISHED BUSINESS. 1 . Ordinance 1997-005, re: Professional buildings as permitted conditional uses in commercial districts (3rd reading). 2. Ordinance 1997-007, re: Ground signs (3rd reading). XI. ADJOURNMENT. 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 AUGUST 12, 1997 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: City Manager Michael Morrison. 10 Councilmembers Absent: None. 11 III. APPROVAL OF AUGUST 12, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Wagner to approve the August 12, 1997 Regular Council 13 Meeting Agenda with the following changes: 14 Under VII. C. Mayor add: 1. Comments by Mary Bower. 15 Under VII. D. City Manager add: 1. Comments by Dennis Cavanaugh. 16 17 Motion carried unanimously. 0 IV. APPROVAL OF JULY 22, 1997 CITY COUNCIL REGULAR MEETING MINUTES. 19 Motion by Wagner, second by Enrooth to approve the July 22, 1997 City Council Regular 20 Meeting Minutes with the following change: 21 On page 5, Line 16: Replace "Hennepin" with "Ramsey". 22 Motion carried unanimously. 23 V. LICENSES/PERMITS/PETITIONS. 24 Motion by Enrooth, second by Marks to approve the following licenses: 25 Contractors License: 26. Floyd E. Anderson Cement Contractor, St. Paul, MN/no permit yet 27 Lund Martin Construction Inc., Minneapolis, MN/working at SAV II 28 Asphalt & Concrete Buy Knox, St. Anthony, MN/working at 3933 Silver Lake Road 29 Heating License: 30 Egan Mechanical Contractors Inc., Minneapolis, MN/renewal 31 Royalton Heating & Cooling Company, Brooklyn Park, MN/renewal 32 Kath Heating & A/C, Little Canada, MN/renewal 33 Suburban Air, 8419 Center Dr. NE/renewal 34 P. & H. Services Co., Brooklyn Center, MN/renewal DJ's Heating & Air Conditioning, Albertville, MN/renewal Heating & Cooling Two Inc., Maple Grove, MN/work at 2914-36th Avenue NE 37 St. Marie Sheet Metal Inc., Spring Lake Park, MN/renewal City Council Regular Meeting Minutes August 12, 1997 Page 2 • 1 Motion carried unanimously. 2 Motion by Wagner, second by Faust to approve the following permit: 3 Temporary 3.2 Beer Permit: 4 Central Park, August 21, 1997/Nationwide Paper (applicant Douglas Parker) 5 6 Vote on the motion: Ranallo, Faust, Enrooth and Wagner voted aye. Marks voted naye. 7 Motion carried. 8 VI. PRESENTATION OF CLAIMS. 9 Motion by Marks, second by Wagner to approve the following claims: 10 11 A. Dorsey & Whitney in the amount of$982.70 for legal services rendered through June 12 30, 1997. 13 B. Foster, Oiile, Wentzell & Brever in the amount of$3,000.00 for professional services 14 for August 1997. 15 . C. Northdale Construction in the amount of $167.183.58 for Payment Application #2 in 16 regard to 1997 Watermain, Street and Storm Sewer Improvements. 17 D. 7 pages of Verified Claims as presented by the Finance Director. 18 Motion carried unanimously. 19 VII. REPORTS. 20 B. Councilmembers. 21 Councilmember Wagner reported his attendance at a St. Anthony Merchants Association 22 Meeting. Their annual fair will be held on Saturday, August 16, 1997, and will include 23 kiddie rides and drawings. The Association also voted to move their lunch meetings from the 24 Stonehouse to the Great Dragon. Wagner noted that the Great Dragon is a member of the 25 Association. 26 Wagner noted a pin he was wearing for the ACTION group (previously known as the Healthy 27 Youth/Healthy Community group). He reported that over twenty people of this group walked 28 in the VillageFest parade and distributed buttons and t-shirts. There appeared to be a lot of 29 response and respect generated there. This group is working with the schools in St. Anthony 30 to distribute the ACTION materials. They are also sending a letter to the City to request the 31 funds the City has previously offered to donate. 32 Wagner reported his recent attendance at Trillium Park, where the Gardeners Club was 33 working to clean up. He noted there was more vandalism in the park. Three of the water 34 heads were unscrewed and thrown to the side of the road. Also the letters from the bulletin • 35 board, that is provided by the Kiwanis, were torn off and broken. Upon speaking with the City Council Regular Meeting Minutes August 12, 1997 • Page '3 1 Fire Department, they reported this is the second time this has happened in one week. 2 Wagner stressed the vandalism in City parks needs to be addressed. 3 Wagner reported his attendance at National Night Out sites with Police Chief Engstrom. 4 They visited a total of eight sites. Although attendance was good, Wagner stated it was 5 somewhat diminished by the rainfall. Despite the rainfall, it appeared to be a good chance for 6 neighbors to get out and know each other better. 7 A. Recognition of Police Officers Jack Christman and Ron Lehner For Their Actions in 8 the Apprehension of Suspects in a Recent Homicide. 9 Police Chief Richard Engstrom reported that on August 1, 1997, while on duty in the City of 10 Lauderdale, Officer Lehner spotted a young juvenile attempting to steal a car. When he 11 investigated the juvenile fled. After a brief chase on foot, assisted by Officer Christman, two 12 suspects were apprehended. This resulted in the clearing of a homicide which had occurred in 13 St. Paul hours before. All property was recovered, the two suspects and a third suspect were 14 charged. 15 Police Chief Engstrom presented a Letter of Commendation to Officers Ronald E. Lehner, a 16 four year veteran of the St. Anthony Police Department and Jack C. Christman, a six year 408 veteran. He congratulated both officers for excellent police work. Mayor Ranallo presented Officers Lehner and Christman with a plaque commending them for 19 outstanding community service. He complimented both officers on the outstanding work they 20 and the entire police department performs for the City of St. Anthony. He thanked them for 21 their service. 22 B. Councilmembers - Continued. 23 Councilmember Faust reported that he, Councilmember Enrooth and City Manager Morrison 24 had attended the first Storm Drainage Task Force meeting on July 30, 1997. The Task Force 25 is off to a good start and has good technical assistance that will help to provide a long term 26 solution to the problem. 27 Faust reported he will attend a League of Minnesota Cities meeting on Fiscal Futures on 28 Thursday, August 14, 1997 and will report back to the Council at the next meeting. 29 Councilmember Enrooth reported VillageFest went quite well in spite of the weather. A 30 wrap-up meeting will be held on Monday, August 18, 1997 and he will report back to the 31 Council at the next meeting. 32 C. Mayor. 33 Mayor Ranallo reported his attendance at the neighborhood meeting on storm water drainage 14 on August 4, 1997. He reported the meeting was well attended by approximately 85 people. 35 Mayor Ranallo reported Senator John Marty has sent a letter to Governor Carlson requesting 36 $1 million to help pay for damages to homes in the City of St. Anthony. Ranallo stated he City Council Regular Meeting Minutes August 12, 1997 Page 4 • 1 had called Marty's office today and was informed that a special session will be held on 2 August 19, 1997. 3 Mayor Ranallo reported that tomorrow he and City Manager Morrison will be meeting with 4 Hennepin County Commissioner Stenglein and Ramsey County Commissioner Weisner to 5 discuss funding possibilities. Ranallo also reported he had received a letter from Bruce Vento 6 which mentioned the use of CDBG Funds. Ranallo stated he was concerned that the CDBG 7 Funds would require too many restrictions to be useful. 8 Mayor Ranallo reported that VillageFest was a great success. The committee is in need of a 9 new chairperson for next year. Mr. Jacobs and Mr. Bartz have led the committee for the past 10 three years and have done an outstanding job but the job is quite tasking. Ranallo reported 11 that Friday, August 15, 1997, there will be a party for all the volunteers involved with 12 VillageFest. Councilmembers are also invited. 13 1. Mary Bower Comments. 14 Ms. Bower thanked City Manager Morrison for the efforts he made in resolving the problem 15 of the Wisconsin Central train stopping on the tracks across from Mirror Lake Manor and 16 leaving the engine run for hours. - She noted the problem did stop for awhile but started again 17 last Sunday. 18 D. City Manager. • 19 City Manager Mornson reported the Building Inspector process is more costly. There 20 normally are two fees charged by the Building Inspector and the current Inspector, Duane 21 Grace has only been charging one fee. The funds to pay this are structured into the fees 22 received from building permits. 23 Morrison reported the Public Works Director's last day is November 21, 1997. The ad for the 24 position will be in the Star Tribune and League of Minnesota Cities bulletin. The closing 25 date is September 9, 1997. 26 Morrison reported that due to recent legislation the levy can be increased from the projected 27 $36,000, a 2.4% increase, to $59,000, a 3.6% increase. Morrison suggested the City increase 28 the levy to the $59,000 figure as they can reduce it at a later date but cannot increase the 29 figure. He also reported the Truth in Taxation statements have been changed. They will now 30 include the 1997-98 budget, 1997 and 1998 taxes and percent of increase. 31 There was Council consensus to discuss the levy increase at the September work session. 32 Morrison reported he is still working with the contractor to have the City Hall project 33 completed. . He noted the second portion of that contract is the site preparation for the tennis 34 court area. Due to the leakage of an underground storage tank on that site, the excavation 35 costs have increased. The HRA will consider a change order tonight for an increase in cost • 36 for excavation in the amount of$3,850.00. The cost may increase even more. Morrison City Council Regular Meeting Minutes August 12, 1997 • Page 5 1 noted the City does have insurance through the League of Minnesota Cities which will 2 reimburse all costs of excavation related to this issue. 3 Momson reported the bond proceeds for the new Liquor Store will be issued on August 20, 4 1997. The steel for the project is on backload. This has not effected the schedule of the 5 project and opening of the store is still anticipated between October 21 and November 1, 6 1997. The Council will be considering several change orders at the September meeting. The 7 funds for the change orders were included in the budget but specific costs had not been 8 determined at that time. 9 Mornson reported he will be meeting with Hennepin and Ramsey Counties tomorrow in 10 regard to funding for the flood victims. He will also be talking with CDBG staff in regard to 11 potential funding. He reported he has also placed a call to the Metropolitan Council and 12 noted Senator Marty has sent a letter to Governor Carlson requesting $1 million in assistance 13 based on the surveys received by the City last month. 14 Momson reported Hennepin County will be performing the Silver Lake Road overlay 15 September 9 to September 18, 1997. 16 Mornson reported the Town and Country Grocery Store will be closing at the end of the 0 month. He stated he has received 12 to 24 calls from residents in the area asking if the City can do anything to get a new grocery store in the area. He noted this is a concern of the 19 population in that area. 20 Momson reported he has nominated Liquor Operation Manager Mike Larson as the Liquor 21 Manager of the Year. 22 Mornson reported a purchase agreement has been negotiated for the next house on Kenzie 23 Terrace. Today the City closed on the other house on Kenzie Terrace which was being 24 negotiated. Mornson reported the closing did include $2,500 down in an escrow account. 25 This is more than the typical amount down which is $500. 26 Mornson reported he will be providing a VillageFest cost summary of the cost of the time of 27 the Police, Fire and Public Works Departments. 28 Mornson reported he had met with Mike Peterson, President of the Sports Boosters, today and 29 Mr. Peterson presented the City with a $25,000 contribution. This brings their total 30 contribution to the City to $40,000. 31 Mornson reported the Brooklyn Center City Council presented the City of St. Anthony with a 32 Resolution of Appreciation for helping their City with the use of the wood chipper. 1. Dennis Cavanaugh Comments. 4 Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated he would like to narrow the focus of 35 the communities discussion of the recent flooding on July 1, 1997. He felt everyone has City Council Regular Meeting Minutes August 12, 1997 Page 6 • 1 treated all flooding on July 1, 1997 as equal, when in fact, a particular neighborhood was 2 impacted more severely because of a structural problem with the storm water sewer system in 3 that particular neighborhood. This neighborhood is District 6. He noted District 6 flooded 4 again on July 13, 1997. The problem is not just flooding on July 1, 1997 but is a long-term 5 embedded problem in District 6. 6 Mr. Cavanaugh stated the findings of fact of the Barr Engineering report of July 1992 7 included the following: City streets in District 6 flood with minor rainfall; Property-damage 8 has occurred; Flood damage can be reduced; City was developed without a comprehensive 9 drainage plan; and, City used a lower standard of design for storm sewers in District 6 than 10 those used today for storm sewers. 11 Mr. Cavanaugh stated the following three alternatives were proposed by Barr Engineering: 12 Non-structural alternative-building restrictions, flood protection, or flood plain evacuation - 13 cost $750,000; Improved Outlet Capacity - cost $16 million; or Ponding area construction - 14 cost $5.7 million. 15 Mr. Cavanaugh stated that based on the proposed alternatives, the Council felt the costs were 16 excessive and decided to adopt none of Barr's recommendations. The Council did establish a 17 $3.00 per quarter fee to develop a water fund to deal with the storm water sewer deficiency. 18 The fund today is $250,000. t 19 Mr. Cavanaugh stated that by the Council not adopting any of the three alternatives, a 20 decision was made. .The residents of District 6 have continued to be an integral part of the 21 City storm sewer system. Private property is being used at no cost to the other residents of 22 the City. The rest of the City residents benefit because (1) the ponding areas in District 6 23 serve as the storm water holding areas for the City and (2) all costs are avoided by the City. 24 Individual property owners in District 6 are expected to absorb the cost of the City storm 25 water surges. 26 Mr. Cavanaugh stated the impacted property in District 6 is being used for storm water 27 management without the just compensation that is required when private property is taken for 28 a public use. He suggested the following proposed action: 29 30 A. The City acknowledges that private residential property should not be a part of the 31 storm water management system in the City of St. Anthony without just compensation. 32 B. The City should immediately and formally accept liability for the property damage in 33 District 6 which resulted from the decision of the City not to implement any of the 34 recommendations in the Barr report. 35 C. Take immediate steps to reimburse residents of District 6 for out-of-pocket expenses 36 using the funds from the water fund. Purchase of the individual property may be 37 appropriate. • 38 D. Take necessary steps to increase the funding level of the water fund to cover any 39 additional out-of-pocket expenses and to provide adequate long-term storm water City Council Regular Meeting Minutes August 12, 1997 Page 7 1 management. Also short-term non-structural and structural alternatives should be 2 aggressively pursued, e.g., implement Alternative A of the Barr report. 3 Mr. Cavanaugh stated that personally it made him sick to watch the residents in District 6 4 struggle with this huge economic load. He believed that if the county, state or federal 5 governments can help the City recoup its cost and can assist in a long-term solution - great. 6 The important issue is the immediate and necessary relief of the impacted citizens in District 7 6 by the City of St. Anthony. 8 Councilmember Enrooth stated it was unfortunate to have to have the July 1; 1997 incident to 9 bring this issue to this point. He noted that a public hearing was held in 1992 to discuss the 10 options available. At that time it was suggested that Silver Point Park be used as a holding 11 pond and the residents were against that option. 12 Mr. Cavanaugh stated that public policy issues are decisions that the individual does not 13 make. Public policy issues are part of the big picture. If residents object to funding the 14 improvements they are being selfish. He stated he was not affected by the flooding but would 15 be willing to talk with residents and explain the impact and the necessity of the 16 improvements. Mayor Ranallo stated that if the City does not receive any aid from the county, state or qt federal sources, the issue of spending $16 million to make the improvements may be put to a 19 referendum. He noted that even with making the improvements of$16 million, there is no 20 guarantee the problem will be solved. 21 Faust noted the purpose of the Task Force is to determine the most viable long-term solution. 22 Mr. Cavanaugh stated he was looking at short-term relief in the form of reimbursement of the 23 out-of-pocket expenses of the residents of District 6. 24 Mayor Ranallo noted there are residents who were affected in other areas of the City. .25 Mr. Cavanaugh stated that if those residents passed the test of Barr Engineering for inadequate 26 storm sewer, they too should be covered. He noted this inadequacy is well documented in 27 District 6. 28 Morrison stated the City is attempting to obtain short-term relief for residents through the 29 special legislative session and also county, state and federal offices. The City and the Task 30 Force are trying to resolve the short-term problems first and then will address the long-term 31 problems. 2 Marks thanked Mr. Cavanaugh for helping to sharpen the public policy issue argument. 3 Anthony Kaczor, 3008-39th Avenue N., stated his frustration that Walt Sentryrz was moving 34 the Town and Country Grocery Store. He stated he felt it was the Quarry Center which put City Council Regular Meeting Minutes August 12, 1997 Page 8 1 the Town and Country out of business. He felt the City had only been concerned with 2 Apache and CUB Foods and had forgotten about the Village. He stated that as a community, 3 efforts should be made in the Village area of St. Anthony. 4 City Manager noted that over the years the City did offer the commercial owners in that area 5 assistance. 6 Mayor Ranallo noted it was the landlord which was forcing the Town and Country to close, 7 and not the City. 8 Mike Jacobs, 2914-29th Avenue N.E., stated the landlord should be kicked out. The elderly 9 of that neighborhood rely on shopping at that store. He noted the City controls how the 10 homes are maintained and asked why they can't control the businesses. 11 Mr. Kaczor suggested that the Quarry Center residents are already complaining of increased 12 traffic in that area. He felt signage could be utilized in the Quarry area to direct people to a 13 restaurant located in the Village area. He stated he did not consider the Stonehouse to be a 14 restaurant. He considered it a bar that serves.food. He felt the Council should address the 15 split liquor issue. 16 Wagner stated the Council has discussed the split liquor issue and are willing to change but • 17 need a restaurant owner who wants to operate in the City of St. Anthony. 18 Faust noted the restaurant owners look at the demographics and determine there is not enough 19 traffic. 20 Mayor Ranallo stated the City had offered $140,000 to assist the Village shopping center. 21 The Council would like to see the addition of a restaurant in the City. Ranallo noted he had 22 approached a number of restaurant owners and they had all stated they were not interested. 23 Mr. Jacobs suggested this information has to be made available to the public in some manner. 24 Mr. Kaczor stated that he has started to see graffiti in the City. There needs to be a stop put 25 on the vandalism in the City. He suggested the vandalism be listed in the Bulletin with the 26 police reports. 27 Marks stated that when the City started redevelopment in St. Anthony, they started in the 28 Village Shopping Center area. The City attempted to provide enough residents in that area to 29 make the businesses viable. The businesses in that area should be more capable of doing 30 business now than they were 17 years ago. He stated he did not know the solution in the 31 particular case of the Town and Country where the landlord is not being responsible. 32 Sue Kozarck, 4029 Shamrock, asked if there were inspections or rules imposed on the owners • 33 of the building. City Council Regular Meeting Minutes August 12, 1997 • Page 9 1 Mornson stated that the City can condemn the property but would still have to purchase the 2 property. The City cannot purchase property without a public purpose. The building code 3 only pertains to new construction, renovation and remodeling. 4 Mary Ann Kuharski, 2709 Pahl Avenue NE, questioned why the storm sewer improvements 5 would have to be put to a referendum. She stated residents in her area need assurance that 6 they will have a decent sewer system. She stated she had not been aware of the public 7 hearing in 1992 and questioned if this had been the last chance residents had for getting the 8 improvements. It was her understanding that St. Anthony could not have afforded the 9 solution even if the people had wanted it. 10 Enrooth stated there was a large public hearing held on the issue in 1992. It was not the last 11 chance for residents to get the improvements. 12 Mayor Ranallo stated the Council did not have the "guts" to spend $16 million of the tax 13 payers money without letting them know. 14 Ms. Kuharski stated she was offended because she paid taxes just like everyone else in the 15 City and she deserved good running water like the other residents. She stated she objected to 16 the referendum. She stated she needed to be assured that the improvements would be made and felt that the improvements were a matter of justice. 18 Faust noted the Task Force will provide direction and the opportunity for the City to 19 readdress the improvement issue. 20 Mr. Jacobs stated his neighborhood is considered a leper colony. Their homes are worthless. 21 He stated his neighborhood is entitled to clean water, a clean environment and not to have to 22 worry every time it rains. He stated he backs up what Ms. Kuharski has said. He stated no 23 one knows the trauma his neighborhood is going through. It is a day to day thing that is 24 unacceptable. The frustration just continues to mount. 25 John Kuharski, 2709 Pahl Avenue NE, asked if anyone attempted to obtain funds from the 26 legislature in' 1992. 27 Mayor Ranallo stated the City did attempt to obtain funds in 1992 but were told there was not 28 a big problem. 29 Faust stated a dialogue was needed on the forefront to convince all parties involved that these 30 improvements are necessary. 31 Jane Hintz, 3503 Maplewood Drive, stated she was not affected by the flooding but has been 32 talking about it non-stop. She has found support in areas she did not expect. She felt there is • more support than is thought. City Council Regular Meeting Minutes August 12, 1997 • Page 10 1 Ms. Kuharski stated the residents need to understand the severity of the issue. These 2 improvements are a basic need like the police and fire departments. The improvements will 3 be good for the reputation of the City and the resale of the property. She asked the Council 4 to have the guts and to go to bat for the effected residents. 5 Marks stated he would feel awkward putting this issue to a referendum as it may tend to put 6 to the people in the low part of the City against the people in the high area. 7 Faust stated the Council was very supportive of the need for the improvement but are trying 8 to resolve a problem that has continued for more than 20 years. He noted the solution needed 9 to be done right so future generations will not have to deal with this issue again. 10 Mr. Kuharski stated he is a member of the task force. As a task force member, he asked if 11 the $250,000 in the Storm Sewer Fund.could be appropriated now or if it was regulated. He 12 noted it is almost winter and some of the effected people do not even have an operable 13 furnace. 14 Mornson stated the fund can be used but the City does not want to expend these funds 15 because the other governmental agencies may then say the City does not need any assistance. 16 The City Council has control over how the funds are allocated. M . Kuharski stated that in his response Representative Vento had stated he would support • 17 s p p pp ort the 18 effected residents in Ramsey County. She noted that he also represents residents in Hennepin 19 County and hoped that he realized this. 20 Mr. Jacobs noted he has been told that he earns too much money to qualify for low interest 21 loans. 22 Ms. Kozarck stated it is up to the residents to write to the agencies and say they have had 23 enough. They are tax payers too. She stated she has experienced a $50,000 loss and cannot 24 even get a contractor to come and fix the hole in her basement. 25 Mayor Ranallo stated it is the City's position that they do not want loans, they are requesting 26 outright funds. 27 28 VIII. PUBLIC HEARINGS - None. 29 IX. NEW BUSINESS. 30 A. Resolution 97-040 re: Receive Report and Order Plans and Specifications for 1998 31 Street and Water Main Improvement Project. 32 Mornson explained the project will include Harding Street from 34th Avenue NE to 36th 33 Avenue NE, Edward Street from 34th Avenue NE to 35th Avenue NE and Roosevelt Street • 34 from 34th Avenue NE to 35th Avenue NE. The projected 1999 improvements will include 35 these areas from 34th Avenue NE to 33rd Avenue NE to complete this section. The cost is ..• 36 estimated at $770,000.00 and will contain 2750 lineal feet. A $38.00 per foot assessment will City Council Regular Meeting Minutes August 12, 1997 • Page 11 1 be made to each property owner. If the Resolution is approved, the next action will be to 2 hold neighborhood meetings. These meetings are tentatively scheduled for October 21, 1997. 3 There is also an MSA project on 33rd Avenue scheduled for 1998 and this will also be 4 discussed at the neighborhood meetings. 5 6 Motion by Marks, second by Faust to approve Resolution 97-040, re: receiving report and 7 order plans and specifications for.1998 Street and Water Main Improvement Project. 8 Motion carried unanimously. 9 B. Resolution 97-041, re: Deferrals of 1997 Street and Water Main Improvement Project. 10 Morrison explained that pursuant to Minnesota Statute 5435.193 and the City of St. Anthony's 11 assessment policy, persons who can prove that an assessment to their property would cause a 12 hardship, can defer the assessment. To qualify the applicant must be 65 years old or over, be 13 permanently disabled or the annual assessment exceeds 1% of their adjusted gross income. 14 The Finance Director has reviewed the necessary tax records of the three property owners 15 listed on the Resolution and all qualify for deferment of their assessment. The deferment will 16 be filed with Hennepin County and remain in affect until such time that the property title 17 changes or that a hardship no longer exists. Motion by Marks, second by Enrooth to approve Resolution 97-041, re: deferring special 20 - assessments for 1997-street improvement projects, -- - . _ __ 21 Motion carried unanimously. 22 VII. UNFINISHED BUSINESS. 23 A. Ordinance 1997-005, re: Professional Buildings as Permitted Conditional Use in 24 Commercial Districts ( 2nd Reading.). 25 Motion by Marks, second by Wagner to approve the 2nd reading of Ordinance 1997-005, 26 relating to permitted conditional uses in a "C" Commercial District; amending Section 27 1635.03 of the 1993 St. Anthony Code of Ordinances by adding (u) and (v). 28 29 - Motion carried unanimously. 30 B. Ordinance 1997-007, re: Ground Signs ( 2nd Reading 31 Morrison explained this change is a recommendation of the Planning Commission. The 32 ordinance currently allows ground signs in residential areas and this was not the intent of the 33 ordinance when it was drafted. The proposed change will not allow ground signs in the R-1, 34 R-lA and R-2 districts with the exception of school, some publicly owned facilities, churches, 35 temples, synagogues and City buildings. 36 Motion by Marks, second by Faust to approve the 2nd reading of Ordinance 1997-007, relating to signs, amending Chapter 14 of the 1993 St. Anthony Code of Ordinances, Sections 39 1400.10 and 1400.12, Subd. 1(1) and 1400.12 by adding (4) (a) and (b). City Council Regular Meeting Minutes August 12, 1997 • Page 12 1 Motion carried unanimously. 2 XI. ADJOURNMENT. 3 Motion by Enrooth, second by Wagner to adjourn the meeting at-8:41 P.M. 4 Motion carried unanimously. 5 Respectfully submitted, 6 Lorri Kopischke 7 Timesaver Off Site Secretarial 8 9 Mayor 10 ATTEST: • 11 City Clerk _ • Saint Anthony Village • DATE: August 26, 1997 Approval: G TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval Contractors License: Regal Builders & Remodelers, Inc, Maplewood, MNJworking at 2827 Anthony Ln S Construction 70, Inc., St. Anthony, MN/working at 2808 Anthony Ln S Stewart J Construction, Hampton, MN/working at 2504-39`h Avenue NE Heating License: • Erickson PHC, Blaine, MN/no rmit pulled. P Wencl Service, Inc., Edina, MN.working at 2512 - 39°i Avenue NE LAW OFFICES HESSIAN, MCKASY & SODERBERG ., . PROFESSIONAL ASSOCIATION Minneapolis Saint Paul Washington,D.C. 4700 IDS Center 80 South Eighth Street Minneapolis,Minnesota 55402-2228 (612) 330-3000. Facsimile 371-0653 Joseph G. Maternowski (612) 330-3010 E-Mail:jmatemowsld hessian.com August 6, 1997 Ms. Kim Moore-Sykes Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Schnitzer Iron &Metal MERLA Site Group Dear Kim: I am writing to remind you that we have not yet received the Schnitzer Group assessment in the amount of$3,000.00 from the Village of St. Anthony. We would appreciate your assistance in obtaining this assessment from the Village of St. Anthony at your earliest convenience. Thank you for your consideration. oseph G. Maternowski JGM:mjy 508483\1 0626200-000100 APPLIC&N AND CERTIFICATE FOR PAYMEN%A DOCUMENT G702 (Instructions on reverse side) PAGI:ONE*AGES TO OWNER: Saint Anthony Village PROJECT: S A V Liquor APPLICATION NO.: 1 Distribution to: 3301 Siler Lake Road PERIOD TO: 7/31/97 ❑ OWNER St.Anthony ,MN 55418-1699 PROJECT NOS.: 97467 ❑MRCHITECT ARCH PROJ NO: 95-08-11790 CONTRACTOR FROM CONTRACTOR: Lund Martin Construction VIA ARCI-IITEC'1': K K E Architects. Inc. CONTRACT DATE: 6/24/97 ❑1 Accounting 3023 Randolph St N E 300 First Avenue North APPLICATION DATE: 8/1/97 ❑ Minneapolis,MN 55418 Minneapolis,MN 55401-168 INVOICE NO: CONTRACT FOR: General Construction CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- mation and belief the Work covered by this Application for Payment has been completed Application is made for payment, as shown below, in connection with the Contract, in accordance with the Contract Documents, that all amounts have been paid by the Continuation Sheet, AIA Document G703, is attached. Contractor for Work for which previous Certificates for Payment were issued and ply- 1. ORIGINAL CONTRACT SUM. . . . . . . . . . . . . . . . . .8 714,100.00 ments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: Lund Martin Construction 2. Net change by Change Orders . . . . . . . . . . . . . . .8 3. CONTRACT SUM TO DATE Line 1 t 2 g 714,100.00 By: Date: August 5, 1997 4. TOTAL COMPLETED & STORED TO DATE . . . . . .S 50,800.00 State of: MN Karl T. Hinkle (Column G on G703) County of: Subscribed and sworn to before E MARVIS M.HARO 5. RETAINAGE: a. 5 % of Completed Work f 2,540.00 me this 5 clay of August RY PUBLIC-MINNESOTA (Columns D + E on G703) mmission Expires Jan.31,2000 h. 5 '%� of Stored Material S 0.00 t Notary Public: (.�'�Q L/Lt I (Column 1' on G703) y / I . lbtal Retainage (Line 51 + 51) or 2,540.00 My Commission expires: f�� _a0 Mimi in Column I of G703) . . . . . . . . . . . . . . . . .R 6. TOTAL EARNED LESS RETAINAGE. . . . . . . . . . . .E 48,260.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) LESS OWNER P.O.'s...$ 0.00 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT In accordance with the Contract Documents,based on on-site observations and the data Line 6 from prior Certificate $ comprising this application, the Architect certifies to the Owner that to the best of the (Line ) Architect's knowledge, information and belief the Work has progressed as indicated,the 8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . .I E 48,260.00 quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. p, 9. BALANCE TO FINISH, INCLUDING RETAINAGE 665,840.00 (/ d (Line 3 less Line 6) 8 AMOUNT CERTIFIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S (Attach avplanalion if amount certified differs fron) the an)orrnl applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on t Apl icirtio)t a)c! on the Conlinualion Sheet that are changed to lbtal changes approved in confornI to 11 nc a erflfre previous months by Owner See Attached(Page )-Change Orders nRCHITECl 'li)tal approved this Month RY Date: TOTALS This Certificate is not negotiable. lie AMOUNT CERTIFIED is payable,only to the Con- NET CHANGES by Change Order tractor named herein. Issu. payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this Contract. l�0m AIA DOCUMENT G702 • APPLICATION AND CERTIFICNIT FOR PAYMENT • I')92 I:IATION • AIA"' 0l'P)2 •TlIt:AMERICAN INtirI'llI'll:OF ARCIII-I-Ii(,,IN, 1735 NEW YORK \\`1041 AVENUE. N.w., �'('ASIIINGIUN, 1).(:. 2(HX)6-5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. G702-1992 CAUTION:You should use an original AIA document which has this caution printed In red.An original assures that changes will not be obscured as mny occur when documents are reproduced. ORIGINAL CONTRACT PAGE 2.1 PAGE NO: 2.1 OF: 2 SUBMITTED FROM: Lund Martin Construction PROJECT: S A V Liquor 3023 Randolph St N E APPLICATION NUMBER: 1 Minneapolis,MN 55418 CONTRACTOR'S PROJECT NO: 97467 APPLICATION DATE: 8/1/97 CONTRACT FOR: General Construction ARCHITECTS PROJECT NO: 95-08-1179-25 PERIOD FROM: 6/24/97 TO: 7/31/97 A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE NO. VALUE --MIS-APPLICA11UN AND STORED % TO FINISH PREVIOUS STORED TO DATE G/C (C-G) APPLICATIONS WORK IN PLACE MATERIALS (D+E+F) Mobilization 22,800.00 22,800.00 0.00 22,800.00 100% 0.00 1,140.00 02070 Demolition 29,500.00 24,000.00 24,000.00 81% 5,500.00 1,200.00 02200 Earthwork 18,040.00 0% 18,040.00 0.00 02500 Paving 31,200.00 0% 31,200.00 0.00 02700 Site Utilities 42,250.00 0% 42,250.00 0.00 03300 Concrete&Masonry 140,115.00 0% 140,115.00 0.00 05100 Steel,Joist&Fabrications 22,417.00 0% 22,417.00 0.00 06100 Rough Carpentry 6,515.00 0% 6,515.00 0.00 06200 Finish Carpentry 8,330.00 0% 8,330.00 0.00 07500 Roofing 102,715.00 0% 102,715.00 0.00 07900 Sealants 450.00 0% 450.00 0.00 081100 H.M.Wood Doors,&Hardware 6,525.00 0% 6,525.00 0.00 08358 Double Acting Doors 1,364.00 0% 1,364.00 0.00 08362 Overhead Doors 955.00 0% 955.00 0.00 08410 Alum. Storefront&Enrties 25,400.00 0% 25,400.00 0.00 09250 Drywall&EIFS 42,600.00 0% 42,600.00 0.00 09300 Tile 3,109.00 0% 3,109.00 0.00 09500 Acoustical Ceilings 880.00 0% 880.00 0.00 09600 Flooring 6,780.00 0% 6,780.00 0.00 09900 Painting 9,740.00 0% 9,740.00 0.00 10520 Fire Extinguisher 135.00 0% 135.00 0.00 10800 Toilet Accessoies 544.00 0% 544.00 0.00 12392 Cabinets 2,836.00 0% 2,836.00 0.00 15100 Mechanical 40,000.00 0% 40,000.00 0.00 15300 Fire Protection 11,900.00 0% 11,900.00 0.00 15400 Plumbing 24,500.00 0% 24,500.00 0.00 16000 Elecrtical 57,500.00 0% 57,500.00 0.00 General Conditions 55,000.00 4,000.00 4,000.00 7% 51,000.00 200.00 Contract Page 2.1 Totals $714,100.00 $50,800.00 $0.00 $50,800.00 7% $663,300.00 $2,540.00 En Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E. MINNETONKA,MN 55343 GAYLORD,MN 55334 ST.CLOUD,MN 56301 GRAND RAPIDS,MN 55744 P.O.612 935-6901 (507)237-2924 [it (320)253-1000 218 326-4508 AUGUST 4 , 1997 INVOICE NO. 14237 PROJECT NO. 10367. 02 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: LARRY HAMER FOR: 33RD AVENUE DESIGN I PROFESSIONAL SERVICES FROM JUNE 29, 1997 TO JULY 26, 1997 --------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS AMOUNT CIVIL ENGR 3 . 5 REG LAND SURVEYR 3 . 5 2-MAN SURV CREW 3�.'0 ,,..,Y.-. I SECRETARY TOTALS �" 37 2 1? 3, 140 . 21 TOTAL LABOR 3, 140. 21 REIMBURSABLE EXPENSES HIRED TRAVEL 75. 00 TOTAL REIMBURSABLES 75. 00 75. 00 TOTAL THIS INVOICE $ 3, 215. 21 I declare un er.t en Ities.o I tha thi accou ;claim'or-demand is just and orre �o/part o 't has/`Cl /� - SI&6ATURE OF CLAIMANT • August 8, 1997 Mr. Larry Hamer Public Works Director City of St.Anthony 3301 Silver Lake Road St.Anthony,MN 55418 RE: Invoice for Engineering Services June 29, 1997 to July 26, 1997 33rd Avenue Improvements Feasibility Study RCM No. 10367.01 rieke carroll Dear Lary: muller associates, inc. Please find enclosed Invoice No. 14237 for professional services performed in preparing a enggineers p p p p g arcY�itects feasibility report for the subject project. Services included report preparation,and estimation land surveyors of preliminary costs.The feasibility report was submitted for council approval at their August equal o ortunr 12, 1997 meeting. employerp ry If you have any questions,please call me. r'J Sincerely, w CARROLL MULLER ASSOCIATES,INC. _ Robert L. berg,P.. . Project Manager • RLM/ka Enclosure 10901 red circle dr. post office box 130 minnetonka, mn 55343-0130 (612)935-6901 fax(612)935-8814 www.rcm-assoc.com Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT P.O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 51h STREET N.E. MINNETONKA,MN 55343 El GAYLORD,MN 55334 ST.CLOUD,MN 56301 GRAND RAPIDS,MN 55744 612 935-6901 (507)237-2924 (320)253-1000 216 326-4508 AUGUST 4 , 1997 INVOICE NO. 14236 PROJECT NO. 10366 . 03 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN : LARRY HAMER FOR : 1997 STREET/WATERMAIN IMPROVEMENTS CONSTRUCTION PROFESSIONAL SERVICES FROM JUNE 29 , 1997 TO JULY 26, 1997 PROFESSIONAL PERSONNEL HOURS AMOUNT CIVIL ENGINEER 17. 5 CONST SERV ENGR 85. 5 2—MAN SURV CREW -9. 0 SECRETARY 2:. .3;1 ;i TOTALS 114 . 3 7, 809 . 80 TOTAL LABOR 71809 . 80 REIMBURSABLE EXPENSES HIRED TRAVEL 223 . 75 REPRODUCTION 2 . 04 MISC. REIMBURSABLE EXP . 125. 46 TOTAL REIMBURSABLES 351 . 25 351 . 25 TOTAL THIS INVOICE $ 81161 . 05 I declare nde a p, nalti aaw`:t at t s:account,•claim or demand' is just a co ct �nq/ipafl-'of It as'b en':pald S GNATU O IMANT "'1 - ',C" + August 8, 1997 Mr.Larry Hamer Public Works Director City of St.Anthony 3301 Silver Lake Road St.Anthony,MN 55418 RE: Invoice for Professional Services June 29, 1997 to July 26, 1997 1997 Street and Watermain Improvements St.Anthony,Minnesota RCM No. 10366.03 Dear Larry: The following is a list of personnel and tasks performed for the project during the month of June. rieke Civil Engineer carroll Bob Moberg 17.5 hours Project management and coordination, associates, inc. field visits,office support engineers architects Construction Services Engineer land surveyors Duane Cramer 85.5 hours Resident field observation,newsletters equal opportunity 2-Man Survey Crew employer Tom Zieglemeier 9.0 hours Survey crew-construction staking Joseph Heine Secretary/Reprographics Jennifer Kunz 2.3 hours Contractor correspondence,plan Barbara Miller reproduction,newsletters Karen Anderson Please call me if you have any questions. ° Sin el , Robert L.Mo erg,P.E. Project Manager RIEKE CARROLL MULLER A "' •� �" SSOCIATES,INC. RLM/ka Enclosure 10901 red circle dr. post office box 130 minnetonka, mn 55343-0130 (612)935-6901 fax(612)935-8814 www.rcm-assoc.com INVOICE NUMBER COUNTY OF RAMSEY pV8i[C W0RkS INVOICE DATE ' U��Q� VO@Y iU76E� 266-263O / ��o��m~ Mill xm|mwvwxvoxmmUxm|oU1uWUWV|U�|1N|1VUNN Item Dept. Rev. code Amount F-- --1 ST AN [H0NY ClTY 0F ::I:�01 SILVER LAxE K0 ST ANTH0NY MN 55418 | | �� MA«E CHECk PAYA8LE TU RAMSEY COUN}Y TOTAL �A[L T0 : 5O w KEii066 b,TF 83O T 31' # E-1000 01 L., MN 551n2-1696 IMPORTANT TO ENSURE PROPER CREDIT PLEASE WRITE INVOICE #ON CHECK IMPORTANT PLEASE DETACH AND RETURN THIS PORTION WITH PAYMENT '------'-------------------------------------------------------------------------------------------------------------' INVOICE DATE INVOICE NUMBER �0k ^S 1 07/01 /19 7 T;#Y iV [6EN 26�-2�3O DESCRIPTION QUANTITY UNIT PRICE AMOUNT PAG-E 01 cis: 01 White—Customer Copy Green—Department Copy Ponk—Rudapt A Aernunfina • s FORD INVOICE O_ FORD • 00 - 56th AVENUE NORTH MINNEAPO .. 559-9111 ► •• ► r SOURCE 0• 3301 SILVER LAKE ROAn CITY-STATE—ST ANTHONY Milo] NEW OR USED LICENSE NO. NEW TAK. H. PURCHASE ��Y�♦•rim�:.4��'i.w��• .mot •1.�..-r:i; ,•�,���. ORDER No. 4202 • �� �'•`�i%i:��^� •:•::fir ci PAYMENT DUE ON DELIVERY CAR DEAL NO. 977072 LICENSE&TITLE WARRANTY FEE Qn;�)�1.•�-+:ii•:i.,•mss. t�fir•-;, °1---:�C'�'�•� � \ } ?�s � 1 e ;..��cy/ ILti=.%��_�i:cam '`�f jtJ - .`--'�`�`.•• :1 y ® .K spa-, �:::,,'•:�� s/:i • �111;�� r�..�� fJ iil".•.�'I� � r�CY,�' ) _� •\t\r -�:1�`:/��.tii` r��,��������,'�-r r ti,��•���.�� t� � ;=� �y/ iii,'•.::cam • TOTAL 19-289.00 CASH ON 19,289.00 USED CAR ALLOWANCE !la Li �(�)lt4>j1�1. I :ii'.•i!`.�t`i7.`!r:r:`r•f.•+:�.�L.• .' 4 �<r:J'��.•:-S�• .::%�•:y':�•Y.�•.aq"cam '',��l1�il9L�l`ii6�(;;���, \��lit�Jc. •�h.l:,_,•,: :�...;:. %=f:.+r�•����:,_�!►`,-f: :•• COLOR ••• c 11 Its- • INVOICE �UOERIOR FORD INC. • •• NOIRTH '• YEARAIME 1846 .. [SOURCE 00 • 1 , 1 CROWN •r� ; ANTHONY SOLD TO CITY S'T . 3301 -SILVER LAKE ROAD M ADDRESS CITY-STATE. ST ANT14ONY MN NEW TRK HEAVY PURCHASE ORDER NO.: 4202 PAYMENT DUE ON DELIVERY CAR DEAL NO. dl.t- S -..� Fe .� ,. �� ri;Cyr � ::r♦:C� •4 �• I S 4�'�`.7� A"�r ,�,s � �-� �• �i:may 'I��� i�ci -•1:X57 t- 1` ��-�` IS S.,a""T�`i 1;.Y a t_ 977072 LICENSE&TITLE • • 19,289.00 . CASH ON \ 19,289.00 i USED CAR ALLOWANCE `. /"[�Sll�C.'-•. •J ,��zli 7.`11".:i[•:•�:mil•�:j•',! ���I�„�y 1°n%;1110 j/r .�..,.a :��:f�,,...�.,..�:�►`, f:i _• `l%/t!:'� / . � � / :5�_li: ':!G 1'`yam}„ �•V!°ti :•• /ice•••:•1�'}Z�I^.�i �':.h•}vital -.BRC-FINANCIAL-SYSTEM-.1111----.---- ------ --ST.-ANTHONY--VILLAGE 20/97 11 :40 Check Register GL540R-VO4 .40 PAGE 1 N_K VENDOR-- - CHECK# DA.T--E AMOUNT- FIRS FIRSTAR ST. ANTHONY CHECKING 008231 A T & T WIRELESS SERVICE . 4911 08/27/97 32.61 008227 AIRTOUCH CELLULAR 4912 08/27/97 203.45 007238-AMERICAN-EXPRESS -1-40-.84 1111-- 000120 AMERICAN LINEN 4914 08/27/97 ..15.00 000115 AMES PHOTO FINISH 4915 08/27/97 11 .31 _._._00001- AS IAN_AMERICAN--PRESS 1111._ -4.9.16-08/_2.7_/97 --60..00.--.----- 007322 BERGER TRANSFER & STORAG 4917 08/27/97 98.79 008153 BOB 'S PERSONAL COFFEE SE 4918 08/27/97., 75.97 00-7-L68 B_OYER_FORD__TRUC.K-S_,_I_N.L_ 491-9-08/_2 7 X08_-]-6-- 000535 BUREAU OF CRIMINAL APPRE 4920 08/27/97 400.00 008242 BUSINESS RECORDS CORP. 4921 08/27/97 1 ,592.44 _007164 _CARLSON__EQU.I.PMENT_CO- 4922-08/27_/-9.7 13__92.-__ 007363 , CCP INDUSTRIES INC. 4923 08/27/97 . 179.07 008275 CITY OF ST . PAUL 4924 08/27/97 104.00 -00.7218--COMPRESS-_AIR-..&-EQUI.PMEN_T - 4925-08/--27 9.7 --40...66--___.._. 007178 D-ROCK CENTER & SMALL EN 4926 08/27/97 491 .04 005048 DPC INDUSTRIES INC 4927 08/27/97 620.70 _.00002---EM ERG ENCY_..--- 1111- - -. .- -----------4.928 _0$/_27_/_97-----------38.-95 - - - .00002 ESS BROTHERS & SONS INC. 4929 08/27/97 1 ,709.33 000920 FEED RITE CONTROLS 4930 08/27/97 432.60 00004--F I R.E--CH.I-EFS__CON F ER EN C __4931_08/_2_7_/_9_7_ 135.-00--- 008265 FIRSTAR CORPORATE TRUST 4932 08/27/97 626.50 000980 FLEXIBLE PIPE TOOL CO 4933 08/27/97 200.96 ---00-1-025. -G.-&--K-SERVICES-----_-- -. 4934_08/2-7_/-9-7 --.--40-.-90---..---_-----.- 001030 G & K SERVICES 4935 08/27/97 186.97 001140 GENUINE PARTS COMPANY, 4936 08/27/97 14.90 -001230--GOPHER-STATE-ONE_CALL-- ---_4937 08/_2-7-/-97. --98_00. 001411 HARSTAD/D W 4938 08/27/97 195.00 008252 HOME DEPOT/THE 4939 08/27/97 245.27 000625 -IKON.--.OF-FICE--SOLUTIONS---------------4940-08/27/-97----.-------78.45- -- .00005 INSIGHT NEWS, INC 4941 08/27/97 68.30 001680 J C AUTO SUPPLY 4942 08/27/97 26.05 --001810---K.IWAN-IS-CLUB----..---. -------------1111--4943---08/27./-9-7----..---1111---187 .00----_ - 000742 KROEPLIN/CONNIE 4944 08/27/97 15.96 .00007 LA PRENSA DE MINNESOTA 4945 08/27/97 65.00 ____-__00.1-900------LAKE LAND._ENG.-&-EQUIPT.-CO-----.-.--._---..--4946--08/27/97----.1111.----.--101-.-18------.-- --.-... .00006 ' LEAGUE OF MINNESOTA 4947 08/27/97 5,934.54 000715 LEEF BROS 4948 08/27/97 43.24 - 00001- LINDA-GON-I-ER---- ---- 4949-08/-2.7-/-97 -----198-.-00------001981 LMCIT 4950 08/27/97 15,220. 50 002160 MARSHALL CONCRETE PROD 4951 08/27/97 23. 81 _____-_0081.97------MCI-T-ELECOMMUNICAT IONS---------------..-4952.-08/27-/-9.7 ----------11-.81.- ---. 007129 MEDTOX 4953 08/27/97 71 .00 008162 MEREDITH CABLE 4954 08/27/97 2.63 002240---ME-T-RO-COUNCIL-ENV-IRONMEN 4955-08/-2-7-/97 3.1-,931:00--.-1111-- 002280 MIDWEST ASPHALT CORP 4956 08/27/97 350. 76 007359 MIDWEST COCA-COLA BOTTLI 4957 08/27/97 50. 75 ---00.7-308----MIDWEST-SPECIALTY-SALES-.-- .- .----.----4-958.-08/27/9-7---------.-----66.-03 - - --BRC--FINANCIAL-SYSTEM--------- ------- ---------.------------------------ --ST--ANTHONY---VILLAGE 08/20/97 11 :40 Check Register GL540R-VO4.40 PAGE -BANK— —VENDOR----- - - CH-ECK# DA-T-E AMOUNT------- FIRS FIRSTAR ST . ANTHONY CHECKING 002320 MINAR FORD INC 4959 08/27/97 61 .60 007206 NORTHERN 4960 08/27/97 67 .06 .-00005---= FINANCIAL'8Y8TEM--- -------_--�------- 3/97 14 : 57 Check Register QL540R-VO4 '40 PAGE 1 8ANK------ -- VENDOR -- --------------------- - CHECK#- DATE--- '----- AMO[ N T' �--� LIQR LIQUOR CHECKING ACCOUNT ' 004225 ALLIANT FOODSERVICE 11632 08/14/97 680'71 004015 AMERICAN LINEN -SUPPLY CO 11633 08/14/97 847 '49 - ' -\0'0 42�'S'-- - 8ELLB'OY'lC0 R_P-------�------�------'-' ' 1'i.634 0871-4/97 ---- -'5-59�'5q '---- 004016 BERKLEY RISK SERVICES 11635 08/14/97 273'00 '00001 BUILDING FASTENERS 11636 08/14/97 10'92 -''--]6}00:2-----CARLSON -EQUIP - -------- `L l637 08/T�/97 ----- 004080 CHISAGO LAKES OIjST , CO' , 11638 08/14/97 7,384'20 004085 CITY OF ST ANTHONY - 11639 08/14/97 725' 11 ---lDO'#]87--�--CITY P-AGES----------------- ----- 1 164 OB/l_4­/97-'---'--- --462�50 ----- 004094 COAST TO COAST #997 11641 08/14/97 9'59 004095 COCA COLA BOTTLING 11642 08/14/97 1 ,908.73 --DATA�-TEL-COMM0N_I_CATION'--- ' 1�43 Q8/f4/97 -5-8��O- 004120 EAGLE WINE CO ' �` ` 11644 08/14/97 404'24 . 004125 EAST SIDE BEVERAGE CO 11645 08/14/97 71 ,597 'O1 - O04I3E- --ELECTRO-WA --- � 11846 OR/14797---- - �3 i�i'.'Q4[ --- 004411 FIRSTAR ST ANTHONY BANK 11647 08/14/97 15,000'00 004142 FOCUS NEWS 11648 08/14/97 717'65 - - 0C�41_41_ FFMZ COMPANY,-INC�-_--'-- 11649 08/1-4/97- -- - --1 ,487- 92 -- 04157 QETTMAN HOWIE, INC' 11650 08/14/97 76' 25 00003 GOLF SCORE CARDS 11651 08/14/97 386'00 �������75 - GRIGGS C[)OPER'/�CO- I�C� - 11�S52 �_08714y97 - --- 4 ,/R63-76 ----' 004199 HARKER 'S DIST' , INC' 11653 08/14/97 303'42 004202 HENN CTY SUPPORT & COLL 11654 08/14/97 lO5' 78 ' - �}�4�{J7 - HOHENSTEIN " ---' —' ' 11655O8/i4797--- - ---- 004205 HOME JUICE CO 11656 08/14/97 176'25 004208 I C M A RETIREMENT TRUS 11657 08/14/97 25'00. O0422D JOHNSON BROS�'-LI�.--- '- - 11658 O8�14�97-- - '3�537�2� --- 004218 JOHNSON PAPER & SUPPLY C 11659 08/14/97 518'00 '00004 LIGHT CYCLE, INC' 11660 08/14/97 360' 10 OO4241 LILLIE SU8URBAN-'NEWSPAPE 11681 O8/_1�797'--- - - - 37S�0O 004233 LMCIT 8ERKLEY RISK SE 11662 08/14/97 767'25 ` 004265 MARK VII SALES INC 11663 08/14/97 21 ,719'55 OO4266-- -MARKET MECH�\MICA[-------- - 116.64 UF�'14797------- -754. 3'' ---- 004271 MEREDITH CABLE 11665 08/14/97 143' 16 004272 METZ BAKING CO 11666 08/14/97 39' 15 004:275------ MID�IFF7TER�I-'----�-�'----'-- - ' '11��87- �lf/l���97--�--------15�.l3U-- 004390 MINMEGASCO 11688 08/14/97 249' 15 '00005 NATIONWIDE SEWING 'MACH ' 11669 08/14/97 117'60 ---00'4334 -- NORTH EASTER---~--�-�- - ------- -'11670 (J871��"�7-'--'---'-- �������}-'' ----- 004335 NORTHERN STATES POWER 11671 08/14/97 3,707'21 004274 OFFICE DEPOT 11672 08/14/97 383'27 '-- l3D4�4�- -'-'OLD-DUTCH- FOODS -IN��_-_------- -'-11673l3��/l��/�7-�----'----��5��J]-- -- .00006 OMEGA PUBLISHING, INC' 11674 08/14/97 135'00 004352 9ARADICE �' � � 11675 08/14/97 1 ,299' 11 - 4355 ---PEPSI---CO LA_ COM PAN Y------------- -11676--0R71_4_/97--------'�24�8g--'----- 04360 PHILLIPS WINE & SPIRITS 11677 08/14/97 1 ,676'46 �~-004381 PINNACLE DIST ' 11878 08/14/97 201 '70 ----DO4���6'--�PRIOR 'WINE'-CO----_�---�------ -' ---I�679 -O8/T4197---'-----73Q�48- -- ' B FINANCIAL-SYSTEM--------- ST:---ANTHONY VILLAGE- 0 3/97 14 :57 Check Register GL540R-VO4 .40 PAGE 2 BANK---- VENDOR-------- - CHECK#--DATE- -- - - AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004380 PUBLIC EMPLOYEE RETIREME 11680 08/14/97 48.00 .00007 R 8 D SALES 11681 08/14/97 72.00 -- .00008- --RAIRB OW-TAP E---ADV: - - 1-1682-_08/14/97----._ 500.00 004415 SAVOIE SUPPLY CO 11683 08/14/97 33. 75 004419 SHUN/MATTHEW 11684 08/14/97 315.00 004285 - -- STAR -TRIBUNE- -- - - _ 11685--08/14/97 - 21 .90 -- .00009 STERLING 11686 08/14/97 232.00 004465 SURGE WATER CONDITIONING 11687 08/14/97 45.60 --- .-000-10- ---TRAD-ETOOLS - ---- -- -- - 11688-08/14/97-- 43.-13 004480 TWIN CITY FILTER SERVICE 11689 08/14/97 105.96 004492 U S WEST COMMUNICATIONS 11690 08/14/97 725. 19 - -- -004-491-- ­-UNITED - -- - --- - -WAY----- — 11691--08/1-4/97 10.00 004494 WASTE MANAGEMENT - BLAIN 11692 08/14/97 490.66 004500 ZEP MFG CO 11693 08/14/97 27.96 LIQUOR CHECKING ACCOUNT 152,861 .83 *** MEMORANDUM DATE: August 20, 1997 TO: Michael J. Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: August 19, 1997 Planning Commission Meeting Summary. 1. Designated Planning Commission Representative to the August 26, 1997 City Council Meeting will be Chris Makowske. 2. 97-08 Rick Lorenz, 3821 Foss Rd., Side Yard Setback Variance Request. The Planning Commission voted to deny (4 - 1; 2 commissioners were absent) Mr. Lorenz's request for a side yard setback variance. Gondorchin, Thompson, Makowske and Horst voted against; Franzese voted for; Bergstrom and Delmonico were absent. 3. Concept Review for St. Charles Borromeo Catholic Church Addition. Mr. Gerry DeZaler presented the proposed project for St. Charles. He indicated that he will require a conditional use permit as the church is in an_ R-1 zoning district and a variance for 200 parking spaces. The Planning Commission also asked Staff to verify lot coverage and to review the need for a backyard setback variance. 4. Proposed Amendment to Sign Ordinance for Professional Buildings. Staff reported that the City Attorney approved the language submitted as a revision to the Ordinance. The Planning Commission voted unanimously to recommend approval to the revision to the City Council. Staff reported that it will be on the next City Council meeting agenda for the first reading. 5. The Planning Commission adjourned its meeting at 8:45 p.m. AUG. -21' 91 (THU) 16: 19 TEL:612 421 9511 P. 001 CITY OF ST. ANTHONY DRAFT 2 PLANNING COMMISSION MEETING MINUTES 3 AUGUST 19, 199.7 4 L CALL TO ORDERIPLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Vice Chair Makowske at 6 7:04 P.M. 7 M ROLL CALL. 8 Commissioners present: Vice Chair Makowske; Commissioners Franzese, Gondorchin, 9 Horst, and Thompson. 10 Commissioners absent: Chair Bergstrom and Commissioner Delmonico. 11 Also present: Kim Moore-Sykes,Management Assistant. 12 III. APPROVAL OF AUGUST 19j 1997 PLANNING COMMISSION AGENDA. 13 Motion by Gondorchin, seconded by Horst, to approve the Planning Commission Agenda for 14 August 19, 1997 as presented. 15 Motion carried unanimously. IV. APPROVAL OF THE JULY 17, 1997 PLANNING COMMISSION MEETING M MUTES. - 18 Motion by Thompson, seconded by Franzese, to approve the July 17, 1997 Planning Commission 19 Meeting minutes as submitted. 20 Motion carried unanimously. 21 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE FOR AUGUST 26, 1997 22 COUNCIL_MEETING. 23 Vice Chair Makowske was appointed as the Planning Commission representative for the Tuesday, 24 August 26, 1997, City Council meeting. 25 VI. PUBLIC HEARINGS. 26 1. 7-08 Rick LoreaL 3821 Foss R oad - Sideyard Setback Variance Reguest, 27 Ms. Moore-Sykes reported Rick Lorenz, property owner of 3821 Foss Road, submitted an 28 application for a ten-foot side yard variance request to the City in order to construct an addition 29 to the tri-plea, converting the building into a four-plex with a double car tuck-under garage. Mr. 30 Lorenz intends to live in this new addition and is also planning to add a 10 x 20 storage room on 31 the back of the proposed addition. She advised the Certificate of Survey shows both the living 32 space addition and the storage room to be eight feet into the required 15-foot side yard setback. 33 The proposed layout of the addition is configured to take advantage of the existing driveway. Mr. 0 Lorenz is also proposing to remove an existing storage building to the east of the proposed addition, thereby reducing the lot coverage and getting rid of an old building to improve the storm 36 water drainage of the property, This building appears to have been in the side yard as well. AUG. -21' 91 (THU) 16:20 TEL:612 421 9511 P. 002 Planning Commission Regular Meeting Minutes August 19, 1997 Page 2 1 The property is zoned R-4 and the lot is approximately 37,206 square feet. The existing tri-plea 2 building is 1,216 square feet. The proposed addition will be 928 square feet, increasing the 3 footprint of the building to 2,144 square feet. The total lot coverage by impervious surfaces is 4 10%and the floor area ratio with the proposed additional living space is ,06. With the exception 5 of side yard setback, the proposed addition meets the City's zoning and land use requirements. 6 The owner of the property is proposing to build the addition as his own residence. He has 7 indicated to Staff that the request for the variance is not based on economic considerations; since 8 he will be living in the proposed unit, he will not be receiving additional rental income. The 9 proposed project will not alter the essential character of the area as it is appropriately zoned for 10 this use and other multi-family properties exist in the neighborhood. 11 Ms. Moore-Sykes advised that Staff has received two inquiries from residents; one was simply to 12 better understand the project and he indicated he was in favor of the project because it would 13 "clean-up" the site with the removal of the existing storage building. The other caller was in 14 opposition because of the potential to increase parking problems that the additional unit may 15 cause. Ms. Moore-Sykes advised she explained that the proposal includes a tuck under two-car 16 garage, which may alleviate some parking problems. 17 Commissioner Franzese asked why the plan identifies it as a tuck under garage and not storage. • 18 Ms. Moore-Sykes explained this is how it is indicated on the plan. 19 Chair Bergstrom opened the public hearing at 7:09 P.M. 20 Rick Lorenz, applicant, introduced Jack Kripentra(sp?), the builder of the project. Mr. Lorenz 21 explained he currently has a tri-plex without garage space and a storage building in the back 22 which is very old. He plans to construct a new garage and apartment to live in and will remove 23 the old storage building. He advised he has a problem with drainage during heavy rainfall. When 24 the old storage building is removed, it will create an area for a flood plain and reduce the flooding 25 problem. Mr. Kripentra explained this will be a walk-out type of unit. 26 Vice Chair Makowske stated he was not aware of the"gully"which exists. 27 Mr. Kripentra explained the drainage goes to the sedimentation pond by the lake and it is 28 imperative for this area to become cleared so the property drains properly. The current storage 29 building is quite large, very old, and is currently falling down. 30 Commissioner Thompson asked how long he has owned that property. Mr. Lorenz stated it has 31 been about three years and all tenants have cars but have to park on the driveways (one is asphalt 32 and the other is gravel). If approved, one of the tenants will have a garage to use. 33 Vice Chair Makowske inquired if the applicant is aware of the three conditions which the Planning 34 Commission is bound by the State to follow in recommending approval or denial of any variance. AUG. -21' 97 (THU) 16: 20 « $ ## ## # TEL:612 421 9511 P. 003 Planning Commission Regular Meeting Minutes August 19, 1997 Page 3 I He explained that one of these conditions relates to undue hardship. He asked the applicant to 2 address why this would be an undue hardship. 3 Mr. Lorenz explained that when he purchased the tri-plex there was no garage, yet the City has an 4 ordinance requiring garages. Parking and shelter is needed plus the flooding problem needs to be 5 corrected for the lower unit. Also, the gravel driveway is deteriorating and needs to be updated. b Commissioner Franzese complimented Mr. Lorenz on the improvements he has made to this. 7 property. She explained that some of the neighbors had questioned if the property had changed 8 hands because they saw remarkable upgrades on the property. 9 Vice Chair Makowske asked the audience to speak. 10 Bruce O'Brien, 3737 Foss Road and president of the Townhouse Association to the south of the 11 tri-plex, asked if this will remain a tri-plea, Mr. Lorenz explained it will change to a four-plex. 12 Mr. O'Brien asked if the driveways will all be asphalt. Mr Lorenz stated they will. Mr. O'Brien 13 stated the Townhomes (14 units) have also had drainage problems and he understands the need to correct this problem. He stated they have had engineers view the drainage situation but they were unable to find a solution. He stated his support for this request and stated he believes it will be a great improvement that will benefit the entire neighborhood. 17 Commissioner Horst asked how this project will alleviate the drainage problems experienced by 18 the Townhouses. Mr. O'Brien stated it will not alleviate that problem but will be an overall 19 aesthetic improvement to the neighborhood. 20 Joyce Graff 3824 Foss Road, asked if this will be an addition to the existing tri-plex and if the 21 existing shed will be removed. Mr. Lorenz stated it will be removed. 22 Ms. Graff asked If the additional living unit will result in a parking problem. Vice Chair 23 Makowske stated the plan meets the City's parking requirement. 24 Chair Bergstrom closed the public hearing at 7:19 P.M. 25 Commissioner Horst commented on the existing slope to this property and asked if a PVC pipe 26 will be installed. Mr. Kripentra stated the PVC pipe was installed years ago as a drainage pipe. 27 With the use of an overhead, he reviewed the alignment of the pipe and location where it drains 28 into Mirror Lake. 29 Mr. Lorenz explained when the storage building is removed, it will allow a larger ponding area 0 where the water can stay until it drains out through the pipe. 31 Mr. Kripentra stated it is a natural area and they will install some landscaping. AUG. -21' 91 (THU) 16:21 zx zz z: z TEL:612 421 9511 P. 004 planning Commission Regular Meeting Minutes August 19, 1997 Page 4 1 Commissioner Horst inquired regarding the history of this property to turn it into a tri-plex use. 2 Mr. Kripentra stated when the townhouses were constructed, the same people owned most of this 3 land and remodeled the building(which was originally an old farmhouse)into a tri-plex. He 4 commented this is one of the older buildings in the area and had been deteriorating. 5 Commissioner Horst asked if it was changed from a single-family residence to a tri-plex when the 6 townhomes were constructed. 7 Ms. Graff stated it has been a tri-plex for the last 19 years. 8 Mr. O'Brien stated they have lived in the Townhouses for 20 years and the original builder of the 9 Townhouses remodeled the building 20 years ago. He stated that 20 years ago, the building was a 10 tri-plex. 11 Commissioner Thompson asked if there is room for more development. Mr. Lorenz,stated it is a 12 possibility but he has no plans at this time. 13 Commissioner Horst stated in looking at the house, he would like to see improvement to the area. 14 He stated this property is in a tough spot in being close to industrial and a newer townhome 15 development. Commissioner Horst stated he would be interested in how the architecture would 16 fit in with the existing structure. 17 Mr. Lorenz stated they will use the same type of siding, windows, shingles, and pitch of roof. 18 Mr. Kripentra displayed a sketch of the proposed addition as it would be viewed from the road. 19 He explained it will be set back a little from the existing building and they are attempting to 20 provide the appearance of a house with a two-car garage. 21 Commissioner Horst stated he is having difficulty in answering the hardship requirement of the 22 variance and asked if there is a better way to do this. 23 Mr. Kripentra stated there,is no other way to build garages due to the drainage problems. 24 Mr_ Lorenz explained the south end of the property is low. 25 Commissioner Horst asked if the lower unit is having drainage problems. Mr. Lorenz stated it is 26 and has become intolerable. 27 Commissioner Horst asked if this is the hardship resulting in the need to develop this addition. 28 Mr. Lorenz stated it is as well as the need for garage space, S 29 Commissioner Horst stated while this may be a problem, it may not be considered a hardship. AUG. -21' 91 (THU) 16 :21 $$# # TEL:612 421 9511 P. 005 Planning Commission Regular Meeting Minutes - - - - - - — - -- — -- - -- -- - August 19, 1997 Page 5 1 Mr. Kripentra stated it is hardship when heavy rains are received. 2 Commissioner Franzese stated she can reconcile the hardship requirement because of the way the 3 property is configured on three sides. She pointed out that with water draining on the south side 4 and removing the barn, it will create a holding pond and alleviate the drainage problem. She 5 noted there is no other location to build because of the topography of the property. 6 Commissioner Franzese stated she clearly sees a hardship. 7 Commissioner Gondorchin asked how this addition alleviates the water problem. Mr. Lorenz 8 explained that in July,when heavy rains were received, it created a stream through his back yard. 9 He thought perhaps the pipe was plugged but it was not and was taking as much water as it could. 10 Commissioner Gondorchin asked if an engineer has made the finding about alleviating the 11 drainage problem. 12 Mr. Lorenz stated he has not had an engineer study the drainage. Commissioner Gondorchin stated he is having difficulty in finding a hardship and believes it is more of a convenience than relieving a hardship. He stated he believes there is also an economic benefit either now or when the units are sold. Commissioner Gondorchin stated the property is 16 set as it is unless the applicant changes its configuration. In addition, he would like expert 17 testimony that this addition will alleviate the drainage problem. is Mr. Kripentra stated the storage building is currently acting like a dam in not allowing water to 19 drain properly. 20 Mr. Lorenz stated if the storage building is removed, he needs a place to store his equipment. 21 Commissioner Horst stated he understands that when the storage shed is removed, another 22 location is needed for storage and the applicant has indicated it will also eliminate the drainage 23 problem, and the hardship. 24 Commissioner Franzese stated the goal is to build a living quarters for the owner to occupy. 25 Commissioner Gondorchin stated it does not matter who occupies this unit, the owner or a tenant. 26 Commissioner Franzese stated there is no other location where Mr.Lorenz can build due to the 27 topography of the lot and water drainage to the south. This is the only place on the property that 28 is buildable. Commissioner Franzese reviewed a comment made at a meeting with the City's residents about the recent flooding where the engineers indicated there is really no guarantee that If it will not flood again. She inquired whether the applicant can be asked if they are sure it would not flood again since,just recently, the City's engineers indicated there is no guarantee to 32 absolutely prevent flooding in the future. AUG. -21' 91 (THU) 16: 22 TEL:612 421 9511 P. 006 Planning Commission Regular Meeting Minutes August 19, 1997 Page 6 1 Commissioner Gondorchin stated there have been no engineering study done on this parcel of 2 land. 3 Mr. Lorenz indicated that is correct. 4 Commissioner Gondorchin noted there is an opportunity to move earth to change the topography, 5 although that may be quite expensive. He stated he is having a difficult time, in his mind, to see a 6 clear cut hardship. 7 Motion by Franzese to recommend approval of Case 97-08, side yard setback variance request for 8 Rick Lorenz, 3821 Foss Road, to build an addition creating a four-plex with tuck under garage 9 and 10 foot side yard variance based on the following rationale: 10 1. The physical topography of the lot can be likened to a"three-sided meatloaf pan" and this 11 is the only buildable place on the lot;the north side of the current structure. 12 2. Removing the barn/accessory building will create more room on the lot to collect water as 13 a holding pond and help alleviate drainage problems. 14 3. The PVC pipe was installed by City but the water is not pooling properly to take 15 advantage of it but removing the barn should achieve that. ' 16 4. This is a unique piece of property which will satisfy requirement 92. 17 5. The hardship (requirement#3) is caused by the City Ordinance for a side yard variance. 18 6. No one is speaking against the request but, rather, have affirmed it will enhance the 19 neighborhood. 20 There being no second to the motion, Vice Chair Makowske declared the motion out of order. 21 Motion.by Gondorchin, seconded by Horst, to recommend denial of Case 97-08, side yard 22 setback variance request for Rick Lorenz, 3821 Foss Road, based on the rationale that the request 23 does not satisfy the three conditions of hardship as required by the State of Minnesota. 24 Voting in favor: Commissioners Gondorchin, Horst, and Vice Chair Makowske. Voting against: 25 Commissioners Franzese and Thompson. 26 Motion carried. 27 Chair Bergstrom noted this request will be considered by the City Council at their meeting on 28 August 26, 1997, 29 VII. CONCEPT REVIEW 30 1. St. Charles Borromeo Church -Proposed Construction of a Gathedne Place 31 Ms. Moore-Sykes reported that Gerry DeZelar, architect for St. Charles Borromeo, is in 32 attendance to present a proposal to the Planning Commission regarding the construction of an 33 additional building on site to be used as a gathering place. They have the space for the building, 34 but parking is and will be an issue for this project. AUG. -21' 97 (THU) 16: 22 TEL:612 421 9511 P. 007 Planning Commission Regular Meeting Minutes August 19, 1997 Page 7 1 Currently,the church has 200 parking spaces, including the spaces designated for the school. 2 According to the City Ordinance and based on the current seating capacity of the church,they 3 need 400 parking spaces. 4 Gerry DeZelar, architect for the applicant, explained the proposed building will be used for a 5 gathering place after services and there will probably never be a time when the church will be 6 holding services and another event in the proposed building at the same time. Mr. DeZelar used 7 and overhead to identify the location of the current building, existing landscaping, convent, 8 proposed structure, and areas for removal of bituminous and concrete to provide a location of 9 new landscaping. He noted the proposal results in 65%building or a 2.2% increase in the amount 10 of structure. 11 Commissioner Franzese asked if the 2.2%increase in structure on the ground takes into account 12 they are adding more green space. I&. DeZelar stated it takes into account that they are adding 13 more"green." He explained that impervious areas are considered in the City's calculation of 14 structures. Mr. DeZelar noted there will be 12,000 square feet of building but it is calculated as only 5,000 square feet since they are also removing blacktop and asphalt. 17 Commissioner Gondorchin asked if this is the area where parking will be lost. 18 Mr. DeZelar stated it is not and reviewed the site plan to identify the areas where parking exists 19 and locations where several parking stalls will be lost due to the building's configuration. He 20 explained how they will use the level of the building to become handicap accessible. 21 1Vis. Moore-Sykes explained the Church has always been short of parking spaces. Thus, the 22 requirement for a parking variance. 23 Mr. DeZelar reviewed the floor plan of the proposed building and noted the location of the 24 entrance, atrium lobby, multipurpose hall which can seat 300 for a banquet, catering kitchen, and 25 the chapel which will be open 24-hours a day. 26 Vice Chair Makowske asked what type of events they see happening in the proposed addition. 27 Mr. DeZelar explained gathering areas have become an important aspect of church services in 28 welcoming and greeting people. He stated other uses could be to hold a wake, a seminar, or 29 lecture area for the school. He stated there are no plans for allowing wedding receptions due to 30 the potential of deterioration. With regard to banquet seating, it could be used after funerals for 41 lunches or for boy scout banquets. Mr. DeZelar described the elevations of the proposed addition and current buildings. He stated it 33 will be surfaced in stone and brick that matches the other buildings and will result in combining 34 the look of the structures. AUG. -21' 91 (THU) 16:23 TEL;612 421 9511 P. 008 Planning Commission Regular Meeting Minutes August 19, 1997 Page 8 1 Commissioner Gondorchin noted most of these activities currently take place at the convent and 2 inquired regarding the parish's position on the convent. 3 Mr. DeZelar explained that only four to five nuns are in residence and, in the future, the convent 4 may become administrative offices. 5 Commissioner Gondorchin asked if the Church is already 200 parking spaces short. Ms. Moore- 6 Sykes stated this is correct. 7 Mr. DeZelar reported the current church capacity is 1,000 seats but they are in the process of 8 removing the pews and respacing them. He explained the pews are being respaced because the 9 current configuration is too tight. The reconfiguration will eliminate 100 seats. He stated he 10 believes the parking will be adequate and noted the ordinance was adopted in the mid-1970's after 11 the Church was built (1958). 12 In response to Vice Chair Makowske, Mr. DeZelar stated they have found that the parking spaces 13 (in the parking lot) fill up but there is also parking on neighborhood streets and no one has 14 _ complained. 15 Commissioner Gondorchin pointed ' Co p out the Church is not proposing to add a lot of impervious 16 surface, but some. He inquired regarding the drainage impact to residents. 17 Mr. DeZelar stated drainage is an issue since there is no storm drainage in the immediate vicinity. is He pointed out the location of the nearest catch basin on 27th Avenue which is part of the 19 Minneapolis system. Mr. DeZelar explained the water is currently directed into dry wells and 20 allowed to percolate into the ground. He noted the location of a large drywell which will be 21 disturbed due to the addition. He explained their intention to install a rainwater line on the east 22 side of the Church, route it under the building and parallel to the walk, and then day lighting it 23 onto the ground to allow the water to fall into the dry well or be routed to the catch basin on 27th 24 Avenue. 25 Commissioner Gondorchin inquired regarding what type of storm event this is forecasted to 26 handle. 27 Mr.DeZelar stated he is unable to answer that question but this is how the storm water is 28 currently being handled. 29 Commissioner Horst asked if the Church and grounds are not in compliance regarding ground 30 coverage. Mr. DeZelar stated the ordinance says a 37%maximum and their proposal is to 31 increase to 65%. 32 Commissioner Horst asked if this is part of the issue. Ms. Moore-Sykes stated she will research 33 that aspect. AUG. -21' 91 (THU) 16:23 # TEL:612 421 9511 P. 009 ® Planning Commission Regular Meeting Minutes August 19, 1997 Page 9 1 Commissioner Horst stated the Planning Commission had debated other.applications that were 2 only two parking spaces short. He asked how the Planning Commission would consider this and 3 what rationale could be cited. 4 Ms. Moore-Sykes stated she contacted other churches in the area and had responses from three of 5 the five. The other two churches have similar problems with having to use off-street parking and 6 several have problems with lot coverage as well due to parking areas. She reported several are 7 well beyond the 35% required in R-1 districts. However, churches are conditional uses in 8 Residential Districts and may be exempt from that lot coverage requirement. 9 Mr. DeZelar advised that in order to comply with 200 more parking spots they would need an 10 additional 2.5 acres of land which would displace homes and residents. 11 Commissioner Franzese stated there is no lot coverage requirement for Commercial, only R-1 and 12 R-2 Residential. 13 Commissioner Gondorchin concurred that parking is a self-limiting aspect. Vice Chair Makowske recapped that parking and Iot coverage may be issues to address. 15 Mr. DeZelar added that setback may be another issue. According to ordinance, the building needs 16 a 25 foot rear setback or 20% of the depth of the lot. He explained that in this case, 20%would 17 be 73.5 feet from the property line which means the corner is nine feet into the setback. 18 Commissioner Horst stated this may require the need to request a variance. With regard to the 19 parking situation, he stated there is a problem getting down St. Anthony Boulevard when cars are 20 parked on both sides. He stated he would like to see the parking issue addressed by the architect 21 as well as reasoning for a setback variance. 22 Commissioner Franzese asked staff to obtain a ruling from the City Attorney whether the parking 23 issue is grandfathered in since the church was built 20 years prior to adoption of the Parking 24 Ordinance. She noted that a conditional use permit is not lost in this type of situation where an 25 addition is being proposed. 26 Vice Chair Makowske stated the use is non-confirming currently so if left, no adjustments would 27 be required. However,with an addition, it could be required to be brought up to Code. 28 Commissioner Franzese stated she does not know if this will be an issue. Ms. Moore-Sykes stated the City Attorney has indicated it needs to be dealt with by either considering a variance or changing the Ordinance, 31 Commissioner Gondorchin inquired regarding the potential for a conflict of interest with Planning 32 Commissioners who are members of St. Charles. AUG. -21' 91 (THU) 16: 24 # $ TEL;612 421 9511 P. 010 Planning Commission Regular Meeting Minutes August 19, 1997 Page 10 1 Vice Chair Makowske stated this was checked and the City Attorney indicated there is only a 2 conflict of interest if the Planning Commissioner will derive direct economic benefit by the way 3 they vote on the proposed project. He explained the need for the Planning Commission to find a 4 hardship when considering a variance request. Vice Chair Makowske encouraged the applicant to 5 make creative use of the property. 6 Mr. DeZelar stated the City's ordinances create the hardship and to fulfill the required parking 7 spaces it will create a hardship because they will need to displace homes and families. If not 8 approved, it will pull away from the worship functions which go on in today's churches. 9 Vice Chair Makowske suggested when the formal application is presented to the Planning 10 . Commission, that the applicant be prepared to speak to the hardship issue, the parking shortage, 11 the lot coverage issue, and landscaping. 12 Commissioner Horst stated he believes it will be difficult to find a hardship or to determine there 13 is no other building which could be built. He stated he would like to find a way, if possible, for 14 the project to be exempted from that setback requirement without the need for a variance. 15 Mr. DeZelar noted the garage is also within the setback. ' 16 Commissioner Horst stated he would have a hard time recommending a variance be granted for 17 the setback. 18 Vice Chair Makowske stated this is an R-1 zone so the requirements to be met would be those of 19 an R-1 single family dwelling. He stated if there are several other churches with these identical 20 problems, perhaps the Planning Commission should revisit that issue on a larger basis (rather than 21 just an individual variance). 22 Chair Makowske noted this will be presented formally and a public hearing held on this 23 application at the September 16, 1997, meeting. 24 VIM OT +R BUSINESS. 25 1. Proposed Amendment to Sign Ordinance for Professional Buildings 26 Ms. Moore-Sykes reviewed the proposed amendment to Chapter 14, Signs, which adds a 27 definition of a Professional Building to the City's Ordinances and includes Professional Buildings 28 in the requirements for a Comprehensive Sign Plan. She advised staff submitted the proposed 29 revision to the City Attorney for his comments and he indicated that the changes are acceptable 30 and appropriate. Once the Planning Commission has reviewed this revision, the City Council will 31 hold three public readings, commencing with the August 26, 1997 City Council meeting. 32 Vice Chair Makowske stated it appears this meets what the Planning Commission was attempting ` 33 to accomplish. AUG. -21' 97 (THU) 16:24 #x TEL:612 421 9511 P. 011 ® Planning Commission Regular Meeting Minutes August 19, 1997 Page 11 1 Motion by Horst, seconded by Franzese,to recommend approval of the proposed revision of the 2 Sign Ordinance, Chapter 14, Signs, as presented by staff and the City Attorney. . 3 In response to Gondorchin, Ms. Moore-Sykes explained how the square footage was determined. 4 Motion carried unanimously. 5 Mce Chair Makowske noted this request will be considered by the City Council at their meeting 6 on August 26, 1997. 7 2. Comprehensive Plan Update. 8 Ms. Moore-Sykes noted the July 30, 1997, letter received from W. Paul Farmer, the City of 9 Minneapolis Planning Director, indicating he has examined the review draft of the Comprehensive 10 Plan update and found it to be a professional document,'appropriate for a fully-developed first- 11 ring suburb and meeting the central goal of retaining the village-like character of St. Anthony 12 Village. She reviewed the number of agencies which were sent a copy of the Comprehensive Plan 13 after it was adopted by the City Council. All of those entities have 60 days to respond but so far this is the only response. 40 In response to Commissioner Horst, Ms. Moore-Sykes explained the purpose is to mitigate 16 incompatible land uses between bordering cities. She advised this process is on schedule. 17 IX. COMMENTS 18 Commissioner Horst reported the City is losing Town& Country Foods and commented this may 19 be the start of erosion of the south end as the Comprehensive Plan predicted. He stated this may 20 not impact the tax base but is something to be aware of 21 Commissioner Thompson stated he drove by the Lorenz property and was amazed and impressed 22 with the mini-storage business located to the north. He stated this looked like a super business. 23 Commissioner Franzese asked Staff for an update on Apache Plaza and if Staff had been able to 24 research the commercial lot coverage requirement used by other cities. 25 Ms. Moore-Sykes provided a brief update on Apache Plaza and explained she only had a chance 26 to call one community which had no lot coverage requirement. 27 Commissioner Gondorchin asked about a property on Stinson Boulevard and whether different 28 conditions exist for the fenced portion versus open portion relative to storage of vehicles. He 29 reported the area outside of the fenced area has many totaled out vehicles with no salvage value. 0 Commissioner Gondorchin stated this is very unsightly. 31 Ms. Moore-Sykes stated she will check with Staff to determine whether this is a violation of City 32 Code. AUG. -21' 91 (THU) 16:25 # # TEL:612 421 9511 P. 012 Planning Commission Regular Meeting Minutes August 19, 1997 Page 12 1 Commissioner Gondorchin stated there has been talk about more enforcement of the Housing 2 Code. 3 Commissioner Gondorchin asked if the shopping center on the south side of St. Anthony still has 4 a foreign owner. Ms. Moore-Sykes answered affirmatively. 5 Commissioner Horst reported the owner visited the property last year for first time in 15 years. 6 Commissioner Gondorchin inquired regarding the owner's intent. Commissioner Horst stated it is 7 to sell the center. He commented on the difficulty of getting a timely response to repairs when the 8 building is not locally-owned. 9 Vice Chair Makowske stated he attended the resident's flood meeting and was amazed by the high 10 attendance. He named the elected officials who were either in attendance or represented at this 11 meeting. 12 Ms. Moore-Sykes advised that City Staff has met with all of these representatives and is 13 attempting to find short-term financial assistance for these residents. However, this may not 14 happen due to focus on the major flooding of Bast Grand Forks by the Red River. She reported 15 Staff did attempt to provide testimony before the legislative committee but were unable to since 16 their focus was East Grand Forks. Ms. Moore-Sykes advised the question is what the City can do 17 in the future to alleviate this from happening again. She noted the City's water engineers said that 18 even if the City had spent money on a drainage system in 1982 it would not have prevented the 19 flooding in 1997 since it was caused when the rain fell too fast for any system to keep up with it. 20 Vice Chair Makowske announced that the next flood meeting will be held on Wednesday, August 21 27, 1997, at City Hall. 22 X. ADJOURNMENT. 23 Motion by Horst, seconded by Franzese, to adjourn the meeting at 8:44 P.M. 24 Motion conried unanimously, 25 Respectfully submitted, 26 Carla Wirth 27 TimeSaver Off Site Secreorial STAFF REPORT DATE: August 19, 1997 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: 97-08 Side Yard Variance Request Rick Lorenz, 3821 Foss Road BACKGROUND: Mr. Rick Lorenz, property owner of 3821 Foss Road, submitted an application for a 10- foot Side Yard Variance Request to the City in order to construct an addition to the tri- plex, converting the building into a four plex with a double car tuck-under garage. Mr. ' Lorenz intends to live in this new addition. He is also planning to add a 10 x 20 storage room on the back of the proposed addition that will house equipment that is currently stored in an existing storage building. The Certificate of Survey shows both the proposed apartment addition and the storage room to be 8 feet into the required 15 foot side yard setback. The proposed layout of the addition is configured to take advantage of the existing driveway. Mr. Lorenz is also proposing to remove the existing storage building to the east of the proposed addition, thereby reducing the lot coverage and getting rid of an old building which will improve the storm water drainage of the property. This building appears to have been in the side yard as well. ANALYSIS: The property is zoned R-4 and the lot is approximately 37,206 square feet. The existing tri-plex building is 1,216 square feet. The proposed addition will be 928 square feet, increasing the foot print of the building to 2,144 square feet. The total lot coverage by impery ious surfaces is 10% and the floor area ratio with the proposed additional living space is .06. With the exception of side yard setback, the proposed addition meets the City's zoning and land use requirements. While these dimensions indicate that there is enough land to build the addition so that it would not encroach into the side yard, the topography of the site makes an alternative plan difficult because of existing berms on three sides of the lot and the naturally occurring slopping of the area to the south. The owner of the property is proposing to build the addition as his own residence. He has indicated to Staff that the request for the variance is not based on economic considerations; since he will be living in the proposed unit, he will not be receiving additional rental income. The proposed project will not alter the essential character of the area as it is appropriately zoned for this use and other multi-family properties exist in the neighborhood. Staff has received two inquiries from residents; one was simply to better understand the project. He indicted that he was in favor of the project because it would "clean-up" the ' site with the removal of the existing storage building. The other caller was in opposition because of the potential to increase parking problems that an additional unit may cause.• I explained that the proposal includes a tuck under 2-car' garage, which may alleviate some parking problems. The caller indicated that she was pleased to hear about the 2-car garage. I' Fee: ' IOU Co (R-1............$ 60.00 xOth e r.........$100.00) CITY OF ST. ANTHONY Petition for Variance Applicant: RIC / / Address: A, , 9,,f S� Status of applicant (owner, buyer, renter, agent, etc.): D cv,g P c Street address and/or legal description of property petitioned for variance: S/, A4 7�i'du ✓ ��/�� L o?4 /9 . R/rr Zoning district in which property is located: Request: 1/a - e e y F /U o s.'We lip r W s e IKG cK Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed,variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Signature of Applicant •.i F• • 'fl Rick Lorentz 3821 Foss Rd St.Anthony,Mn.55321 Phone 7788-7889 • Fax 788-7889-1 July 18, 1997 City of St. Anthony 3301 Silver Lake Rd. St. Anthony, Mn., 55418-1699 Attn. -City Planning Commission I To Whom It May Concern, I am writing this letter concerning my Triplex located at 3821 Foss Rd. There are two hardships which I would like to have addressed. The first being my need for a 2 car garage and the second being a substantial water drainage problem which has caused repeated problems on the property. Proposal-To remove a very old and unsightly storage building and build a new attached 2 car tuck under garage with a 2 bedroom apartment above it. I would also request a 10'x 20' storage locker as part of this structure. Response to City Concerns 1. How would this variance relieve an undue hardship? a. It would allow me to aquire some much needed garage space (b. )It would allow me to delete a unsightly gravel driveway on the North side of my home and replace it with a new asphalt driveway. (c. )Removing the.old storage building would allow me to.create a drainage area at an existing 6"P.V.C. drainage pipe which is was intended to carry water away from the house but currently cannot handle any substantial rain or spring thawing. With my proposal there would be a small flood plain created to hold the water until the pipe can carry away the excess water. (d. )I believe the asthetic value would be greatly improved. Thank you for your time and cosideration Sincerely, Rick Lorentz CERTIFICATE OF SURVEY L- ' FOR R i CK LORENZ DATE �'IZ-'�L�I KURTH SURVEYING. ING'. I FERERY CEPTI;Y THAT THIS SURVEY. PLAN OR REPORT BCNGHt'�ARY.= InIV- `��tJ\TA2 O IRON MONUMENT -4002 .1EFFERSON Si. N.E. WAS PR-PARED 6Y LIE OR lM1ER MY DIRECT SUPERVISION �( •O N•l FD55 RDaD m t Sqt« � COLUMBIA HEIGHTS. A4J AND THAT I AM SA DULY LICENSED SURVEYOR lND`_P. AN(J CHArtpl.�P 4�op 0 (6121 788-9769 FAX (612) 884 7602 T E u 1 N�so t-.r-C�L.=8g9.5 310 7, (1 �,vt r � [t�.o(=eX(5T11�C�CLC-Vrl71o�4 MIIJNESOTA LICENSE NO. 20270 SCALE IN.FEET Rc:ulsL-Ip z-)0-97 `, Flu' u ,• cH4N6L o YRO?%T>LOCQ CONCRETE BLOCK BUILDING 1 r J 40,3 aa05 -- 5zs% N 89 ° 48 ' 08 "E 298 . 84 ry _ 9 36.0 -7 tic lam' V C- -:Z:' DRIVEWAY °' Q'2 O� rc�< J \�\'h5 'I %-oc-N oN- rn SAND N�r X<o ZJrZ�' l_ f-Q X0'w ;L ui} r- D Q .8 o s � 9r'(.� nr N ° a LL x °� r� Of 3 r� co "�' 36" OAK o 0 37.5± CUNCRETE 104140P,yg20.2 o o S. DRIVEWAY BLACKTOP I O /\1v ti N 89 ° 49 ' 10 -E 298 . 95 �I ` LOT 19. BLOCK 2, MOUNDS VIEW ACRES 2ND ADDITION, RAMSEY COUNTY. MINNESOTA. STAFF REPORT DATE: August 19, 1997 TO: Planning Commission FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Revision of the Sign Ordinance for Professional Buildings. The attached proposed amendment to Chapter 14, Signs, adds a definition of a Professional Building to the City's Ordinance and includes Professional Buildings in the requirements for a Comprehensive Sing Plan. Staff has submitted the proposed revision to the City Attorney for his comments. He indicated that the changes are acceptable and appropriate. Once the Planning Commission has reviewed this revision, the City Council will hold three public readings, commencing with the August 26, 1997 City Council meeting. • CITY OF ST. ANTHONY ORDINANCE 1997-006 AN ORDINANCE RELATING TO SIGNS; AMENDING CHAPTER 14 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES, BY ADDING SUBD. 36 TO SECTION 1400.04; AND, BY AMENDING SECTION 1400.09, SUBD. 5 The City Council of the City of St. Anthony hereby ordains: Section 1. Chapter 14, Section 1400.04 of the City Code is amended to add the following: 1400.04 Definitions. For the purposes of this Chapter, the following terms have the meanings given them in this Section: l?c «36>::<: rofss�ona :<:Bu�ldng:::<:>:>ln:::>naulti.;:sto<:.<::<buid�n >>:of::5t}:Q00:<:s. uare::::f#et<:or .::..:....... ::.::::::::::::::::.:: .::.::::::::::::::: ................t:::::::::::::::: ::: .................. :::::::::.::::::::::::::rY.::::::::::::::::::: .>:.;:.::.::.::.;:.;::.;:::::::::::::::q............::: ::::.. ce: cp :::::byxaessQaz sevc „ te btes ::such: ._ gI,., ; ......... :.:: lfih eare? elated refail �r service establtshmets with parkin prQV�ded on t e and; or us�:,tn? mrzrnb €r ns azld attpts, i . ..... ......... Section 2. Chapter 14, Section 1400.09, Subd. 5 of the City Code is amended as follows: 1400.09 Signs Requiring Permits. Subd. 5. Shopping Centers/Strip Mall/I?rafessaial<Biteliri Comprehensive Sign Plan. A comprehensive plan must be provided for the whole of a shopping center develo ment. This plan includes the location, :::;:P::>::»::;»::>........................ » P P size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive plan is presented, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission which will forward a recommendation to the Council on the appropriateness of the proposed plan. Section 3. This ordinance will be in effect as of the date of its publication. Ordinance 1997-006 • Page 2 First Reading: August 26, 1997 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin • STAFF REPORT . DATE: July 16, 1997 TO: Michael J. Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant Vz ITEM: Proposed Amendment to Chapter 16, Zoning and Land Use Ordinance The Planning Commission has reviewed the following proposed amendment to the Zoning and Land Use Ordinance and is recommending approval to the City Council of this change to the Zoning Code. It is recommended that Chapter 16, Zoning and Land Use, Section 1635.03, Permitted Uses, be amended to allow additional permitted uses in the Commercial District. The City Attorney has reviewed this proposed amendment and has agreed that the • additional uses be included in the Code as additional permitted uses. 07/15/97 TUE 15:22 FAX 6123407800 DORSEY WHITNEY 0 004 DORSEY & WHITNEY LLP MtNNEAP('1LIY - PILLS(IUIRY C:f NTER SOUTH NI W YCILt Lc WAFII1NCTON.U.C. 220 SOUTH SIk'iH STRhF,T LOND(IN NGNVER MINNEAPOLIS.MINNESOTA 55402-149M LRUSSELY TELePNONE: (612)'340.2600 �V.A•TLE HONCICONC FAx: (612) 340_2868 FAKCO DES MOINES William R.loth BILLINGS AL1l;HESTFq (612)340-2969 COSTA MISYA F (612)34a7WO MIAAUVLA auth.WiUlam@doreeylaw.com GREAT PALLS July 15, 1997 Ms. Kim Moore-Sykes Management Assistant City of St. Anthony 3301 Silver Lake Road St. Anthony,.MN 55418 Re: Proposed amendments to Zoning Ordinances regarding medical laboratories iDear Kim: I have reviewed your memo of June 17 regarding the above. I am afraid the language that is proposed. to be added at the end of Section 1635.01 presents a number of problems. What this would do is open up the entire.list of permitted uses to any other uses which an individual might claim are "compatible" with the enumerated uses. I do not think this is a good idea, and it might even be challenged as being unconstitutionally vague. By being very specific about the uses, someone with a new uses that is not covered by one of the permitted uses needs to seek an amendment'to the zoning ordinance. If the suggested language were used, such new uses could be approved without notice, without a hearing and without any amendment of the zoning ordinance. I think residents and city officials might be uncomfortable with any such provision. In addition, there would be no standards set forth in the ordinance as to what is or is not compatible. This would leave open the question of who would make this determination. If nothing else was specified, the zoning official would need to make the determination. This could put the zoning official in a very difficult position. . As we discussed by telephone, I agree with your suggestion that the medical laboratories be included as a permitted conditional use rather than a permitted use. This would give the Planning Commission and Council greater control over such 07/15/87 TUE 15:22 FAX 8123407800 DORSEY WHITNEY [a 005 DORSEY & WHITNEY LLP Ms. Kim Moore-Sykes July 15, 1997 Page.2 This would give the Planning Commission and Council greater control over such uses as to any future medical laboratories u1 the commercial district, and would enable them to impose conditions if necessary. this. Please let me la-.ow whether you have any further questions or comments on Very t y yours, William R. Soth WRS/ms • . CITY OF ST. ANTHONY ORDINANCE 1997-005 AN ORDINANCE RELATING TO PERMITTED CONDITIONAL USES IN_ A "C", COMMERCIAL DISTRICT; AMENDING SECTION 1635.03 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES BY ADDING (u) and (v) The City Council of the City of St. Anthony hereby ordains: Section 1. Chapter 16, Section 1635.03, of the City Code is amended to add the following: 1635.03 Permitted Conditional Uses. The following uses are permitted in the C District only by Conditional Use Permit issued by the Council: (u) Laboratories for medical research and testing (except research and testing which uses animals) that provide services to health care providers. (v) Computer research and program development. Section 2. This ordinance will be in effect as of the date of its publication. First Reading: July 22, 1997 Second Reading: August 12, 1997 Adopted: August 26, 1997 Mayor ATTEST: City Clerk Publish: St.. Anthony Bulletin STAFF REPORT DATE: July 16, 1997 TO: Michael J. Mornson, City Manager FROM: Kim Moore-Sykes, Management Assistant V;� ITEM: Proposed Amendments to Chapter 14, Sign Ordinance The Planning Commission has reviewed the following proposed amendment to the Sign Ordinance is recommending approval to the City Council of these changes to the Sign Ordinance. It is recommended that Chapter 14, Signs, Sections 1400.10, Ground Signs, and 1400.12, Subd. 1, Residential, be amended to restrict the use of ground signs in the R-1, R-1A, and R-2 zoning districts. The City Attorney has reviewed these proposed amendments to the Sign Ordinance and • has approved the language restricting ground sign usage in the residential districts. • 07/15/97 TUE 15:22 FAX 6123407800 DORSEY WHITNEY 0 002 DORS EY & WHITNEY L L P 0 - PILLSBURY CENTEK SOUTH NF.W YORK wASHINdTON.DXt 220 SOUTH SIXTH STRCCT LONDON UINVER MINNCAPQLt5, MINNESOTA 5$402-1498 UKUSSF.1$ TL•LR• HONE: (612) 340-2600 %EATTI.P.. HONG KANti FAX: (612) 340-2868 I'A0.CO UES MOIIVt;,j BILUNCS William IL Soth aoCHRS'rllK (612)340-2989 MISNOVLA COSTA MESA F=(612)340.7WO sot>:,wiliiam�Odorseyll�v,com GREAT PALLY July 15, 1997 Sy Fax Ms. Kim Moore-Sykes Management Assistant City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Proposed sign ordinance amendments• . Dear Kim: Enclosed are my suggested revisions to the sign ordinances regarding ground signs in residential districts. I think we should amend paragraph (1) of Section 1400.12, Subd. 1 to make it clear that the sign may identify only the resident, not the resident's business. The other changes are simply clarifications and changes to make the language consistent with the rest of the ordinances. If you have any further questions on this, or need anything further, please let me know. Very y ours, tC� William R. Soth WRS/ms Enclosure • CITY OF ST. ANTHONY ORDINANCE 1997-007 • AN ORDINANCE RELATING TO SIGNS, AMENDING CHAPTER 14 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES, .SECTIONS 1400.10 AND�4400.12, SUBD. 1 (1) AND 1400.12 BY ADDING (4) (a) AND (b) i The City Council of the City of St. Anthony hereby ordains: i Section 1. Chapter 14, Section 1400.10 is hereby amended as follows: 1400.10. Ground Signs. Are permitted in all districts but only to the extent permitted in this Section and in the District Schedules set forth in Section 1400.12. 1400.12 District Schedules. Signs shall be permitted as set forth in the following provisions: Subd. 1. Residential. The following signs are permitted in a residential district: (1) R-1, R-IA & R-2. One identification sign per dwelling unit per right- of-way frontage stating the street address, and/or the name of the resident. Additionally, one address sign may be located on the curb in front of each dwelling unit or on a freestanding mailbox. (4) Each of the following may erect and maintain one ground sign subject to the provisions of Section 1400.10 on the property to which the sign pertains: (a) Schools and publicly owned facilities listed in Section 1615.02 (b) and (c); and Section 1616.02 (b) and (c). (b) Churches, temples, synagogues, and City buildings listed in Section 1615.03 (a) and (c); and Section 1616.03 (b). Section 2. This ordinance shall be effective as of the date of its publication. First Reading: July 22, 1997 Second Reading: August 12, 1997 Adopted: August 26, 1997 Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin •