HomeMy WebLinkAboutPL PACKET 07151997 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
101474
Box: 20
Folder: PL PACKETS 1997
Document: PL PACKET 07151997
CITY OF ST. ANTHONY
PLANNING COMMISSION. AGENDA
JULY 15, 1997
7:00 PM
COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF JULY 15, 1997 PLANNING COMMISSION AGENDA.
IV. APPROVAL OF JUNE 171 1997 PLANNING. COMMISSION MINUTES.
V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE.
VI. PUBLIC HEARING.
97-05 JOHN TRAUTZ, FREEDOM GAS STATION, LOT 4 APACHE
PLAZA: CONDITIONAL USE PERMIT
REAR YARD SETBACK VARIANCE REQUEST
VI. OTHER BUSINESS.
1. REVIEW OF DRAFT COMPREHENSIVE PLAN UPDATE.
2. AMENDMENT TO THE ZONING ORDINANCE RE:
PROFESSIONAL/MEDICAL BUILDINGS.
DEFINITION & ALLOWABLE USES
SIGNAGE -. -
VII. COMMENTS.
VIII. ADJOURNMENT.
I CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING MINUTES
3 JUNE 17, 1997
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at
6 7:06 P.M.
7 II. ROLL CALL.
.8 Commissioners present: Chair Bergstrom; Commissioners Franzese, Gondorchin, Horst,
9 Makowske, and Thompson.
10 Commissioners absent: Commissioner Delmonico.
11 Also present: Kim Moore-Sykes, Management Assistant and Michael Mornson,
12 City Manager.
13 III. APPROVAL OF JUNE 17, 1997 PLANNING COMMISSION AGENDA.
14 Motion by Gondorchin, seconded by Franzese, to approve the Planning Commission Agenda
15 for June 17, 1997 as presented.
16 Motion carried unanimously.
17 IV. APPROVAL OF THE MAY 20, 1997 PLANNING COMMISSION MEETING
18 MINUTES.
19 Motion by Gondorchin, seconded by Makowske, to approve the May 20, 1997 Planning
20 Commission Meeting minutes with the following changes:
21 Page 2, Line 25: replace "Ripley" with "Lee";
22 Page 13, Line 29: replace "Radinor" with "Radman".
23
24 Motion carried unanimously.
25 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE FOR JUNE 24, 1997
26 COUNCIL MEETING.
27 Commissioner Gondorchin was-appointed as the Planning Commission representative for the
28 Tuesday, June 24, 1997, City Council meeting.
29 VI. PUBLIC HEARINGS.
30 1. 97-03, Exhaust Pros - Conditional Use Permit and Front Yard Variance Request.
31 Chair Bergstrom opened the public hearing at 7:11 P.M.
32 Ms. Moore-Sykes reported Mr. Phil Rosar, owner of Exhaust Pros at 4000 Silver Lake Road,
33 is planning to expand his business at the current site to include a car wash and extra bays for
34 auto muffler repair and oil change. Mr. Rosar currently has a conditional use permit for his
35 existing business.
r ;
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 2
1 The expansion proposal includes the addition of three auto repair bays; two bays will be
2 constructed on the south side of the existing building and one will be constructed on the north
3 side. The proposed car wash facility will be attached to the proposed auto bays to the south
4 of the existing building.
5 The car wash will require a front yard setback variance because it extends 24 feet beyond the
6 front of the existing building and the two adjacent buildings. The City Ordinance requires a
7 front yard setback equal to the greater of 35 feet or a distance equal to the average of the
8 front yard depths of the two adjacent lots.
9 Exhaust Pros is situated in the City's commercial zoning district. The proposed car wash is a
10 permitted use in the Commercial District according to the City's Zoning Code, Section
11 1635.05, Permitted Conditional Uses, (f) car washes. The proposed addition of auto bays to
12 the existing building, which is considered an expansion of a permitted use, also requires a
13 conditional use permit.
14 Conditions to be considered for this permit include hours of operation, landscaping, lighting
15 and signage. Exhaust Pros has residential areas to the west and east and the above-stated
16 factors may be of concern.
17 Ms. Moore-Sykes reported Staff is recommending approval of the conditional use permits on
18 conditions stipulated by the City.
19 Ms. Moore-Sykes reported the City did receive a letter from Mr. R.W. Morgan, 3935 Silver
20 Lake Road NE, in objection to the proposed project. It was also noted that he was writing as
21 an individual and not on behalf of the townhome association.
22 Mr. Phil Rosar, owner of Exhaust Pros, asked what Mr. Morgan's objections were.
23 Ms. Moore-Sykes read, "The Exhaust Pros facility is not well maintained with very poor
24 asphalt drive area, the grass and shrubbery is not cared for and general appearance is a
25 disgrace. We were advised when Exhaust Pros opened that there would be very little noise.
26 The noise is excessive and racing of engines is extremely loud. The exhaust work is with all
27 doors open in summer and the open doors face our houses. I see no need for a car wash there
28 in the immediate area. A car wash across from our homes will give additional traffic which
29 has also been increased on that corner by the cars from CUB Foods. We, Town Homes
30 owners, recognize that changes in our ecology do happen, but to add another unnecessary
31 expansion of Exhaust Pros is objectional to all of us and our ownership valuations."
32
33 Mr. Rosar stated the reason he was making the request for expansion was to remove the blight
34 in the area and dress it up. He was hard pressed to believe that his business was causing Mr.
35 Morgan distress. He noted the area is zoned commercial and another business could be
36 located there which would generate more traffic. The reason he had not cleaned the area up
37 sooner was that he was waiting to see if CUB Foods would locate in Apache Plaza. He stated
38 he was sorry to hear the objection because he had thought he was a good neighbor.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 3
1 Chair Bergstrom noted the Commission had reviewed the proposal at their May meeting as a
2 concept review and asked Mr. Rosar to explain the specifics of the proposal.
3 Mr. Rosar noted that all that was required of him by the conditional permit was to pave the
4 driveway and he could leave the building as it is. He felt the proposed expansion was much
5 better than what was currently there.
6 Mr. Rosar explained one bay will be added to the north side of the building and two bays and
7 a car wash on the south side of the building. A new roof will be constructed on the entire
8 building. The parking lot will be paved and a catch basin will be installed to address a
9 drainage problem.
10 Mr. David Darrell, Architect of the project, noted the proposed building will be 75% new.
11 The existing portion of the building will be remodeled, landscaping will be done and the
12 driveway will be paved. The proposal will replace an eyesore.
13 Commissioner Franzese asked if the doors would be closed with the addition of the bays.
14 Mr. Rosar stated that in the summer the business will generally operate with the doors open.
15 He noted Goodyear and Tires Plus operate with the doors open and again stated this is a
16 commercial area. He did not foresee much increase in the muffler business but only in the oil
17 change and car wash which are drive-through operations.
18 Commissioner Horst noted that the original proposal for this site had included landscaping and
19 the repair of the driveway. He asked why these items were not rectified then.
20 Mr. Rosar stated he had purchased the property from C.G. Rein and had been promised that
21 CUB and Knox would be locating in Apache Plaza. Those businesses did not come. Without
22 those businesses, he was considering selling the property. He stated he was willing to provide
23 the City with a security bond to guarantee the improvements.
24 Commissioner Horst stated he felt this-was the best use of the property and apologized to Mr.
25 Rosar for the deceptions he had faced.
26 Chair Bergstrom noted the conditional use permit which the Exhaust Pro was currently
27 operating under was granted in 1994 and included conditions as to landscaping, hours of
28 operation, signage, and outdoor vehicle storage limitations. He asked if the existing
29 conditions were acceptable for the proposed expansion.
30 Mrs. Karen Rosar stated the business was operating well within the established hours of
31 operation but expressed concern that it may be desirable for the car wash to be open on
32 Sunday as it would be fully automated.
33 Mr. Rosar stated it was hard to determine what the hours of operation would be because it
34 would be dependent on customer demand. He noted the oil change may be open on Sunday
r
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 4
1 from 11:00 to 4:00 P.M. and it could be feasible that the car, wash would be open 24 hours
2 per day.
3 Chair Bergstrom asked if building would be lit 24 hours per day.
4 Mr. Rosar stated it would only be lit during hours of operation.
5 Commissioner Gondorchin questioned the signage.
6 Mr. Rosar stated currently the signage would be on the front of the building. He noted
7 however, that he would like to maintain the option for a monument sign.
8 Commissioner Gondorchin noted he was on the Planning Commission when Exhaust Pros
9 originally applied for a conditional use permit. The residents at that time expressed concern
10 with the appearance of the business and the hours of operation. He stated personally, he
11 would not like to see the business open before 10:00 A.M. on Sunday.
12 Commissioner Makowske questioned the noise level comparison between the oil change and
13 car wash operation and the current muffler operation.
14 Mr. Rosar indicated an air impact wrench will be utilized to remove drain spouts. He noted
15 this is the same equipment used by Goodyear but Exhaust Pros will use it less frequently and
16 will also be performing the work in a pit rather than at ground level.
17 Chair Bergstrom noted one condition of the existing conditional use permit was that a
18 maximum of two vehicles be stored outside for a period of not longer than 72 hours. He
19 stated that personally, he did not want any vehicles stored outside. He stated the current
20 proposal was better for the City of St. Anthony.
21 Commissioner Franzese questioned if the 13th parking stall had been added to the plan and
22 the location of that stall.
23 Mr. Rosar stated the 13th parking stall would be located in the rear of the building behind the
24 dumpster.
25 Eileen Spanno, 4009 Silver Lake Road, stated she was concerned that the building would be
26 so close to the street. She stated the City did not need another car wash in this area. She
27 expressed concern with the amount of traffic this would generate.
28 Mr. Darrell stated this would not be a large car wash. It would be rare when even two cars
29 were lined up waiting to use the service.
30 Mr. Rosar stated most of the car wash business will be generated by the oil change customers.
31 He noted there are too many car washes in the area but none that are connected with an oil
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 5
1 change facility. He did not feel this expansion would generate more traffic. He was only
2 attempting to attract the traffic that was going to CUB Foods.
3 Ms. Spanno noted when the business was first proposed, the intent was to please the
4 townhome owners and the business. However, Mr. Rosar has not kept up to the stated
5 conditions. She also expressed concern that her townhome was being devaluated.
6 Chair Bergstrom noted it is the City's job to ensure that the conditions of the conditional use
7 permit are adhered to. He stated the property value would probably increase with the addition
8 of a new structure which was well maintained.
9 Ms. Arlie Dick stated Mr. Rosar had not kept to the conditions of the original proposal and
10 his promises did not mean anything.
11 Edward Metz, 3933 Silver Lake Road, stated that on a number of occasions there have been
12 car engines racing at 9:30 P.M. on the site and sledge hammers are pounding by 7:30 A.M.
13 He suggested if the owner wanted to expand, he consider moving to the area south of 39th
14 Avenue.
15 Mr. Rosar stated he had no problem with this is someone wanted to trade the property. He
16 stated he has had twenty offers on his property since CUB Foods located in Apache Plaza and
17 he did not believe the townhome owners would be happy with the businesses that were
18 interested. He acknowledged that he had not adhered to the conditions of the conditional use
19 permit but stated he had been lied to about CUB Foods. He stated he was trying to rectify a
20 wrong with the proposed expansion.
21 Mr. Rosar stated he did not believe the noise problem was from his employees but noted he
22 would look into it. He has never received a noise or an after hours use citation.
23 Mr. Metz objected to the building being so close to the street and suggested Mr. Rosar utilize
24 the area behind the car wash.
25 Mr. Rosar stated that due to the setback requirements and the easement behind the building
26 which is owned by Hardees, there is not enough land to move the building back. He would
27 prefer to locate the car wash flush with the building as it is more expensive to build it as
28 proposed.
29
30 Chair Bergstrom closed the public hearing at 7:55 P.M.
31 Commissioner Horst reiterated the point he made at the hearing in 1994, that it was difficult
32 for him as a Planning Commissioner to feel he should regulate the hours of operation of a
33 business. A business should be able to do business when they can do business in a
34 commercial zone. He stated he believed the property will be improved and the surrounding
35 property values will be improved with this proposal, just as the property values were
36 improved with the addition of the CUB Foods Store. He stated he is not insensitive to the
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 6
1 concerns of the neighbors but felt that Mr. Rosar could be a good neighbor. He stated he was
2 in support of granting the conditional use permit and letting Mr. Rosar do all the business he
3 can.
4 Commissioner Gondorchin stated he felt Mr. Rosar is the best judge of the possibility that
5 there are too many car washes in the area. It is his investment. He stated CUB Foods was
6 the generator of additional traffic and he did not feel this proposal would generate that much
7 more traffic. He stated he would like to revisit the restrictions of the conditional use permit .
8 and determine the hours of operation.
9 Motion by Chair Bergstrom to recommend approval of the conditional use permit for
10 operation of a car wash and for expansion of a permitted use for Exhaust Pros, 4000 Silver
11 Lake Road subject to the following conditions:
12 1. Submittal of a plan for aesthetic improvements to the structure including landscaping,
13 driveway, dumpster enclosure and signage plan to be implemented within six months
14 of plan approval;
15 2. Hours of operation for the Exhaust Pros shop (not including the car wash) be Monday
16 through Friday from 7:00 A.M. to 8:00 P.M. and Saturday from 7:00 A.M. to 5:00
17 P.M.;
18 3. That signage be limited to a monument sign and a pylon sign is not allowed; and,
19 4. Outdoor vehicle storage be limited to two vehicles for a period not to exceed 72 hours.
20
21 Commissioner Gondorchin asked if a condition had been put on the hours of operation for the
22 car wash.
23 Chair Bergstrom stated the car wash would be allowed to operate 24 hours per day.
24 Commissioner Franzese noted six months would be December. She questioned if the
25 landscaping should be required sooner.
26 Mr. Rosar stated he could not install the landscaping until construction was completed. He
27 stated he would be willing to post a cash escrow for twice the cost of the improvements.
28 Chair Bergstrom stated this was not a routine requirement of the City and he did not feel it
29 should be required of Mr. .Rosar.
30 Commissioner Franzese questioned the turn lanes, especially the one nearest to Silver Lake
31 Road. She asked that the City monitor this as it may have to be modified to a right turn only
32 exit.
33 Mr. Rosar noted this is a private driveway and cannot be regulated.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 7
1 Commissioner Horst stated he hoped Mr. Rosar had heard the concerns of the homeowners
2 and would bring the message to his employees. If the problem continues, the City may have
3 to look at stricter enforcement.
4 Commissioner Franzese stated she had viewed the pictures of Mr. Rosar's other sites and this
5 will be a great improvement over what is currently on the site. She noted that the City had
6 not enforced the conditions of the conditional use permit and everyone was waiting for CUB
7 Foods, while in the meantime, the neighbors were left to look an eyesore. She stated
8 everyone will be watching to see what Mr. Rosar does with the site.
9 Commissioner Horst seconded the motion on the floor.
10 Motion carried unanimously.
} 11 Chair Bergstrom stated the second issue to consider for the Exhaust Pro expansion is a
12 setback variance request because it extends 24 feet beyond the front of the existing building
13 and the two adjacent buildings. The building will be located well within the setback
14 requirements as it is located 49 feet from the property line. However, City Ordinance
15 requires a front yard setback equal to the greater of 35 feet or a distance equal to the average
16 of the front yard depths of the two adjacent lots.
17 Commissioner Makowske asked what constraints prevented the building from being placed
18 further back on the lot.
19 Mr. Darrell explained the exit of the car wash requires a 28 foot radius for cars to turn and
20 exit the lot.
21 Motion by Gondorchin, seconded by Horst, to recommend approval of the 25,foot front yard
22 setback variance for Phil Rosar, Exhaust Pros, 4000 Silver Lake Road as it meets the
23 following criteria of a variance request:
24 1. Strict enforcement would cause•a hardship due to the configuration of the structure and
25 existing traffic lanes;
26 2. The hardship was not created by the landowner but is unique to the individual and this
27 lot as this is a remodel/redevelopment; and,
28 3. This variance is within the spirit of the redevelopment of St. Anthony and economic
29 considerations are not the sole criteria.
30
31 Motion carried unanimously.
32 Chair Bergstrom noted this request will be considered by the City Council at their meeting on
33 June 24, 1997.
34 2. 97-04, John and Liesha Ingdahl - Lot Width Variance Request.
35 Chair Bergstrom opened the public hearing at 8:19 P.M.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 8
1 Ms. Moore-Sykes reported Mr. and Mrs. Ingdal are proposing to buy a vacant lot at 3613
2 Edward Street. The lot is 60 feet by 265 feet, giving it 15,900 square feet, which is more
3 area than is required for an interior R-1 lot. This R-1 designated lot is only 60 feet wide,
4 making it a non-buildable lot according to the City's Zoning Ordinance. The Zoning
5 Ordinance requires that all R-1 interior lots be 75 feet wide, so this lot width variance request
6 is for 15 feet.
7 Several lots in this residential neighborhood are only 60 feet wide or less and were developed
8 before the Ordinance was codified in 1976. The house on the property directly south of the
9 subject property, 3609 Edward Street, was constructed in 1964; the construction date of the
10 property north of the subject property was 1945.
11 When Mr. and Mrs. Ingdal met with Staff, there was some concern that,this lot had been
12 illegally subdivided from one of the adjacent properties. The City Zoning Code does not
13 allow for the subdivision of property that creates a lot that is smaller than the minimum lot
14 size required, (Section 1650.01, Subd. 1). But upon examining the tax records and speaking
15 to the Ingdals, City Staff determined that the platting of these lots had occurred prior to
16 August 18, 1976 and the subject lot was not and had not been owned by the owners of the
17 adjacent lots.
18 The Ingdals are proposing to construct their home on this lot, should their variance request be
19 approved. They have assured Staff that they will not require additional variances; the square
20 footage of the lot is sufficient to build a home on.
21 The hardship that this variance request seeks to mitigate is that the lot was platted and
22 recorded with Hennepin County before the City's Zoning Ordinance was codified. The
23 hardship is not of the applicant's making, but is unique to the area and this lot. The granting
24 of this variance request would be supportive of the City's commitment to the Livable
25 Communities Act and in agreement with St. Anthony's Housing Action Plan.
26 Ms. Moore-Sykes stated Staff is recommending approval of the lot width variance request for
27 15 feet. Mr. and Mrs. Ingdal are proposing to build their home on this site, which is one of
28 the few vacant lots remaining in the City.
29 Mr. Ingdal displayed a rough site plan of the home he and his wife are proposing. The house
30 will be 44 feet by 44 feet with 8 foot sideyard setbacks on both sides and a front yard setback
31 of 30 feet.
32 Commissioner Franzese questioned the steep elevation in the front of the property and asked
33 if the adjacent homes were setback 30 feet.
34 Mr. Ingdal stated he hoped to leave the elevation as is and save a tree located in that area.
35 He may need to shift the garage to the other side of the lot to accomplish this. He stated the
36 home to the north is located closer than 30 feet and the home on the south is setback about 30
37 feet.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 9
1 Commissioner Gondorchin asked if Mr. Ingdal's time frame for construction was still two
2 years.
3 Mr. Ingdal stated it was.
4 Theran Ernster, 3617 Edward Street, noted Mr. Ingdal was speaking of a tree which was
5 located on his property, not Mr. Ingdal's property. He asked why the code was changed to 75
6 feet.
7 Chair Bergstrom stated it had to do with the size of the home typically built increasing and
8 not fitting on a 65 foot wide lot.
9 Mr. Ernster stated Mr. Ingdal will be building right on top of where he lives. He stated if the
10 property is an unbuildable lot, it should be made available to him and the neighbor so they
11 can build and expand their lots.
12 Commissioner Gondorchin stated the Planning Commission is not able to address this issue.
13 It is a legal issue and does not have any bearing on the variance request. He suggested Mr.
14 Ernster contact the City of St. Anthony.
15 Commissioner Franzese stated the City Council has granted permission to build on a 60 foot
16 lot approximately 5 times in the past 10-15 years. This is not a unique situation.
17
18 Chair Bergstrom closed the public hearing at 8:30 P.M.
19 Motion by Gondorchin, seconded by Thompson, to recommend approval of the lot width
20 variance of 15 feet for 3613 Edward Street, John and Leisha Ingdal, buyers, as it meets the
21 following criteria of a variance request:
22 1. Strict enforcement would create undue hardship;
23 2. The hardship was not created by the landowner but is unique to the individual;
24 3. This lot could not be put to reasonable use in its current state without the variance;
25 and,
26 4. This variance is within the spirit of the redevelopment of St. Anthony and economic
27 considerations are not the sole criteria.
28
29 Motion carried unanimously.
30 Chair Bergstrom noted this request will be considered by the City Council at their meeting on
31 June 24, 1997.
32 3. 97-05, John Trautz, Gas Station/Car Wash on Lot 4, Apache Plaza - Conditional Use
33 Permit.
34 Ms. Moore-Sykes reported this request was withdrawn by request from the applicant. It will
35 be considered on the July 15, 1997 agenda.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 10
1 4. 97-06, Great Clips - Sign Variance Request.
2 Chair Bergstrom opened the public hearing at 8:33 P.M.
3 Ms. Moore-Sykes reported Roger Ledebuhr, of Great Clips has filed an application requesting
4 a sign variance for the Great Clips store on the north side of the Video Update building.
5 Great Clips has 19 feet of business frontage on Silver Lake Road that allows them to install a
6 38 square foot wall sign on the east side of the building; Great Clips has installed a wall sign
7 that is 30 square feet. Because Mr. Ledebuhr's shop is located between other tenants and has
8 limited business frontage, he is requesting an additional wall sign on the west side to give
9 Great Clips additional exposure to "walk-in" traffic from customers visiting Video Update,
10 Ames Photo, First Bank and CUB Foods.
11 According to the Sign Ordinance and based on their right-of-way frontage, Great Clips is
12 allowed 2 square feet for every lineal foot of business frontage, giving them 38 square feet of
13 signage for the east side. Since Great Clips is located in the north west side of the building
14 between Video Update and Ames Photo and has a limited visual exposure to the north, a sign
15 on the west wall of the building would provide additional exposure. The sign Mr. Ledebuhr
16 is proposing for the west side is 16.5 square feet.
17 The traffic patterns and service roads that provide visual exposure in the Apache Plaza
18 Shopping Center for Great Clips are not available or are limited from City streets. Such is
19 the case with several shopping centers in the metro-area. This limited visual exposure does
20 create a hardship for Great Clips in a commercial area that is expected to be extremely
21 successful. If the request for the additional wall sign is denied, Great Clips will be hampered
22 in their attempts to create a viable and successful business in the Apache Plaza Shopping
23 Center.
24 Ms. Moore-Sykes reported Staff is recommending approval of the applicants's request for a
25 sign variance to allow additional wall sign on the west elevation.
26 Commissioner Makowske noted St. Anthony Shopping Center may have a situation similar to
27 that of Great Clips. -
28 Commissioner Horst stated his recollection was that similar requests have been denied. He
29 questioned the hardship in this case.
30 Ms. Moore-Sykes stated the hardship was the restricted visibility of traffic in the interior of
31 the shopping center. She noted that most of Great Clip's business is "walk-in traffic". If
32 they are not visible to potential customers, they lose business and are not allowed the
33 opportunity to be as viable as the other businesses.
34 Mr. Ledebuhr, Great Clips, stated the business is located at a high elevation and they are the
35 middle tenant. A sign in the rear would be helpful to attract the CUB Foods patrons.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 11
1' Mr. Bob Bruber, Scenic Sign Corp., stated they were asking for the minimum necessary to be
2 visible. They are requesting 18 inch letters which will be mounted on a metal raceway which
3 will protrude six inches.
4 Commissioner Franzese asked if Ames Photo or Video Update would be requesting signage
5 on the back of the building.
6 Mr. Bruber stated he did not do their work. He noted they do have signs on the side of the
7 building as well as the front. Great Clips does not have that option as they are the middle
8 tenant.
9 Commissioner Makowske noted that in order to grant the variance, a hardship must be shown
10 and it must be unique to this property. He questioned what was different about this business
11 than businesses located in the St. Anthony Shopping Center.
'{ 12 Mr. Bruber stated that the hardship is that they are the middle tenant and are not allowed
13 signage on the end of the building.
14 Commissioner Franzese noted a difference between this and the St. Anthony Shopping Center
15 was that the St. Anthony Shopping Center has a sign package for the whole shopping center.
16 Chair Bergstrom closed the public hearing at 8:41 P.M.
17 Chair Bergstrom stated he understood the desire for the signage and felt it was well done but
18 he was concerned that granting this variance would set a precedent. He also stated his
19 concern that all the initial applications regarding signage at Apache Plaza have gone well
20 beyond the initial requests.
21 Commissioner Gondorchin noted the Great Clips facility is very small and hard to detect. He
22 noted the configuration of the store, the way it faced and the proximity to Apache Plaza made
23 it a unique situation. For this reason, he was in favor of the request.
24 Motion by Commissioner Makowske to recommend to the City Council that the request for
25 the sign variance for an additional wall sign on the west elevation for Great Clips, 2902 Silver
26 Lake Road, be denied based on the following:
27 1. This particular location while it may have some unique characteristics, does not appear
28 to be sufficiently unique compared to other areas of the cities which may have the
29 same difficulty; and,
30 2. The hardship appears to be more of an inconvenience which could possibly be
31 alleviated with the use of a monument sign or other type of sign in the front of the
32 building.
33 The motion failed for lack of a second.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 12
1 Motion by Chair Bergstrom to recommend approval of the request for the sign variance for an
2 additional wall sign on the west elevation for Great Clips, 2902 Silver Lake Road as it meets
3 the following criteria of a variance request:
4 1. Granting of the variance will not be detrimental to the public welfare or injurious to
5 other properties in the neighborhood or Village;
6 2. A particular hardship to the applicant would result if strict enforcement of the
7 Ordinance is adhered to; and,
8 3. The conditions upon which the variance are based are unique to the parcel of land as it
9 is inside the development of a shopping center and does not apply to other properties
10 with the same land use classification.
11 Commissioner Franzese stated the hardship in this case is that there are three businesses in
12 this building and Great Clips is located in the center. It is not like every other business in the
13 City where you can drive up to the building and see the sign and go in the door.
14 Commissioner Gondorchin stated he supported the issue as it is a non-injurious, non-intrusive
15 sign. He encouraged Commissioner Horst to abstain from the vote on this issue as he is a
16 shop owner in the Village.
17 Commissioner Gondorchin seconded the motion.
18 Voting on the motion: Bergstrom, Franzese, Gondorchin and Thompson voted aye. Makowske voted
19 naye. Horst abstained.
20
21 Motion carried.
22 Chair Bergstrom noted this request will be considered by the City Council at their meeting on
23 June 24, 1997.
24 5. 97-07, Preston Williams - Garage Permit.
25 Chair Bergstrom opened the public hearing at 8:49 P.M.
26 ' Ms. Moore-Sykes reported Preston Williams, owner of 2805 Pahl Avenue NE, is requesting a
27 Garage Setback Permit to allow for the reconstruction of a 40-year old garage. Dr. Williams
28 proposes to demolish the current garage and rebuild it in the same foot print. The proposed
29 garage will be visually identical to the existing garage, but will be more structurally sound
30 and built to meet contemporary building codes and standards.
31 The existing garage sits in the sideyard setback and is 2.89 feet from the property line on the
32 west side of the building. Section 1650.02, Accessory Buildings, Subd. 2, states that no
33 accessory building may be located within three feet of any property line. The Garage Setback
34 Permit allows for a garage to be located within the setback.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 13
1 The owner has indicated that the dimensions of the proposed garage will not be greater than
2 the 24 foot dimension allowed by the Garage Setback Permit. The existing garage does
3 exceed the 24 foot dimensions on three sides.
4 Ms. Moore-Sykes stated Staff is recommending approval of the Garage Setback Permit
5 application. The applicant plans to demolish the existing garage and replace it with a more
6 modern building, which will be smaller to conform with the City's Garage Setback Permit
7 size requirement and will comply with the current building codes and standards.
8 Mr. Preston Williams, 2805 Pahl Avenue NE, stated he intends to replace the existing
9 structure as nearly as possible in the footprint of the existing structure. The exterior will
10 blend in with the neighborhood and the line of sight to the adjoining and adjacent properties
r 11 will remain unchanged. He stated the slab and foundation of the existing structure are
12 deteriorating.
13 Commissioner Horst asked Mr. Williams if he had.spoken with his neighbors about the
14 proposal.
15 Mr. Williams stated he had spoken with the adjacent and adjoining property owners and they
16 did support the project.
17
18 Chair.Bergstrom closed the public hearing at 8:56 P.M.
19 Motion by Commissioner Makowske, seconded by Chair Bergstrom, to recommend approval
20 of the Garage Setback Permit for Preston Williams, 2805 Pahl Avenue NE, as it meets the
21 following criteria of a variance request:
22 1. This request is within the spirit of maintenance and improvements which the City has
23 previously followed;
24 2. It will comply with all current building codes and standards;
25 3. The proposed size will be almost exactly the same size as the existing building;
26 4. No one appeared to speak against this request;
27 5. There are no other buildings in close proximity to this building;
28 6. There will be no change in matters of fire safety; and,
29 7. There appear to be no other degrees of encroachments other than those stated in the
30 request.
31
32 Motion carried unanimously.
33 Chair Bergstrom noted this request will be considered by the City Council at their meeting on
34 June 24, 1997.
35 VII. OTHER BUSINESS.
36 1. Signage for Apache Medical Building - Status.
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 14
1 Chair Bergstrom noted Mr. Wirth has been in contact with the City and asked them to
2 consider additional signage for the Apache Medical and Professional Center that is not
3 currently allowed under City Code. At the last meeting, the Planning Commission asked Mr.
4 Wirth to work with Staff to derive a language change for the Code.
5 Ms. Moore-Sykes stated the proposed change was located on page 8 of the packet submitted
6 by the Wirth Companies. Staff has worked with Mr. Berg the Attorney for Wirth Cos. and
7 the Shoreview Ordinance was utilized in conjunction. The language does address the
8 concerns expressed by the Commission in regard to standardized letter height, color, lighting,
9 and logos. It also states that administration and conformity with the sign plan shall be the
10 responsibility of the building owner. Revisions per the Commission would be included with
11 this draft language and it will then be forwarded to the City Attorney.
12 Chair Bergstrom asked if a professional medical building was defined in City Code.
13 Ms. Moore-Sykes stated it is not and that three alternatives for resolution of that issue are
14 included in her Staff report.
15 Chair Bergstrom proposed that a volunteer from the Planning Commission work with Staff,
16 Wirth Cos. and the attorneys to adjust the proposed changes so they will be acceptable to all
17 involved.
18 Commissioner Makowske volunteered to perform this task.
19 Mr. Wirth stated he would like to reserve the top eighth spot on the proposed signage to be
20 used as the building identification sign. The name of the building would be located in this
21 area and would be moved to the left and lit.
22 Commissioner Franzese stated she felt it was important to have the number of the building
23 largely displayed on the building. It allows for easy identification of the building.
24 2. Comprehensive Plan Task Force Update.
25 Report on Public Information Meeting, Parks -- June 2, 1997 by Staff.
26 Ms. Moore-Sykes reported the agenda packet which was used for this meeting was included in
27 the Commissioner's packets. She stated Bob Koss, BRW, Inc., presented all the options for
28 the baseball diamond fields and also discussed the other parks. As a result of that meeting,
29 the City Council has put together a Park Task Force to investigate the issues and bring a
30 recommendation to the City Council.
31 Commissioner Gondorchin volunteered to be the Planning Commission representative for the
32 Park Task Force.
33 City Manager Morrison explained the Task Force will consist of six residents-at-large, one
34 Community Service representative, one School Board representative, one Sports Booster
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 15
1 representative, one member of the City Council, one member of the Planning Commission and
2 one youth member. Bob Koss will facilitate the meetings.
3 Commissioner Franzese asked if the Task Force would be working from the three plans
4 submitted for the parks.
5 Morrison confirmed they would.
6 Commissioner Franzese stated she felt all three plans had something to offer but she was
7 disappointed that they were not implementable, where items could be phased in as the City
8 could afford them.
9
10 Draft Review of Comprehensive Plan -- July 16, 1997
11 Submit Draft Plan to Metropolitan Council -- July/August
12 Public Hearing, October -- City Council
13 Chair Bergstrom asked if a redevelopment plan had been submitted by BRW, Inc. He stated
14 he was displeased with the general tone and feel of the document and the process.
15 VIII. COMMENTS.
16 Commissioner Gondorchin distributed copies of a letter addressed to the City Council which
17 he had drafted in response to discussion of split liquor in the City of St. Anthony at the
18 previous meeting.
19 Chair Bergstrom noted the letter should be "cc" to.City Manager and City Liquor Operations
20 Manager.
21 Commissioner Horst stated he was in favor of the concept.
22 City Manager suggested the word "bar" be removed from the first sentence of the second
23 paragraph, as the City does have a profitable bar operation.
24 Commissioner Gondorchin stated the idea is to get a combination. The food portion of the
25 City's establishments always fail. The Commission's goal was to attract establishments
26 which focus on dining with liquor, not burgers and beer.
27
28 Mornson noted this is a very complicated issue. He suggested the Council will probably take
29 this under advisement and address it at a goal setting session.
30 Chair Bergstrom noted there is a timing issue involved. He stated there is a small window of
31 opportunity available with the redevelopment of Apache Shopping Center.
32 Commissioner Horst noted that all business is not good business. Since the addition of the
33 Family Deals Store in the St. Anthony Shopping Center, his bad checks have increased by
34 300% and the shoplifting has also increased. He encouraged the addition of fine dining
Planning Commission Regular Meeting Minutes
June 17, 1997
Page 16
1 establishments in the City as he felt that type of business would help the City more than
2 others.
3
4 IX. ADJOURNMENT.
5 Motion by Gondorchin, seconded by Makowske, to adjourn the meeting at 9:59 P.M.
6 Motion carried unanimously.
7 Respectfully submitted,
8 Lorri Kopischke
9 TimeSaver Off Site Secretarial
STAFF REPORT
DATE: July 15, 1997
TO: Planning Commission Members
FROM: Kim Moore-Sykes, Management Assistant
ITEM: 97-05 Conditional Use Permit --
Reliance Development Company, L.L.P.
Gas/Convenience Store with Car Wash
BACKGROUND:
Mr. John Trautz, representing Reliance Development Company, submitted an application
for a Conditional Use Permit to the City for a proposed gas station and car wash on Lot 4,
Block 1, Apache Plaza. This location is between the Tires Plus building and the new
Video Update building and is part of the redevelopment plan for the Apache Plaza
Shopping Center.
ANALYSIS:
Minnesota Statutes and City Ordinances require that certain conditions be satisfied before a
conditional use permit may be granted. The first condition stipulates that the proposed use
is one which is specifically listed for the zoning district where the-use will be located. The
proposed gas station and car wash are permitted uses for this Commercial-District
according to the City's Zoning Code, Section 1635.05, Permitted Conditional Uses, (f) car
washes and (g) gasoline stations.
The next condition required in order to obtain a permit is that the proposed use will not
be detrimental to the health, safety, or general welfare of the persons residing or working
in the vicinity. Mr. Trautz stated in a written response that the operator runs over 55
stores in four states and that it is a "high_ quality" operation. The building will be
constructed to provide a state-of-the-art fuel handling facility.
Finally, the last requirement that needs to be satisfied is for the proposed use to be
considered necessary or desirable at the above location to provide a service or a facility
which is in the interest of public convenience and will contribute to the general welfare of
the neighborhood community. Mr. Trautz states that the proposed development is
designed to be convenient and easy to use by the general public. The proximity of the
proposed gas station/convenience store/car wash to the current and proposed retail
businesses makes it very accessible and convenient to the Apache Plaza patrons and traffic
on Silver Lake Road.
Other conditions that the Planning Commission and City Council may consider would be
with regard to lighting, landscaping, business hours, and signage.
,&WReliance Development Company, L.L.P.
,/Thursday, June 05, 1997
Ms. Kim Moore-Sykes
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Proposed Gas/Convenience Store
Lot 4, Block 1, Silver Lake Center
Dear Kim:
Reliance Development Company, LLP is proposing to develop a
gas/convenience store with a car wash on the above referenced property. My
understanding is that this is an allowable use under the current zoning.
However, because of the sale of gasoline a conditional use permit is required.
I am enclosing with this letter an Application for Conditional Use Permit as well
as site and landscape plans for our proposed gas/convenience store. I have
included the number of each plan size as we had discussed on the telephone.
Please call me if I have missed anything.
look forward to working with you and the staff at Saint Anthony Village.
Sincerely,
fohn C. Trautz
c. David Erickson, Erickson Oil Co.
Dan Wozniak, Reliance Development
Paul Strother, Clutz O'Brien Strother Architects
Rand Tower• 527 Marquette Avenue South Minneapolis, MN 55402-1301
(612) 338-1000 • Fax (612) 338-8971
Date: 6/5/97 Fee: $130.00
CITY OF ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant: Reliance Development Company, L.L.P. Phone: (61n i3s-1 oon
Address: 527 Marquette Avenue South, #400, Minneapolis, MN 55402
Status of applicant (owner, buyer, renter, agent, etc.):
Street address and/or legal description of property in question:
Lot 4, Block 1, Silver Lake Center
Zoning district in which property is located:
Conditional use proposed: Gas/convenience store with car wash.
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
'additional sheets, if necessary.
1 ) The proposed conditional use is one of the conditional uses specifically listed for the
zoning district in which it is to be located.
Yes
2) The proposed conditional use will not be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity or incurious to property values or
improvements in the vicinity. This building .is for a high quality gas/convenience store
operator that operates over 55 stores in 4- states. State-of-the-art fuel handling
facilities will be used. The building is_ uniquely designed with the building skin
primarily brick.
3) The proposed conditional use is necessary or desirable at the above location to
provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare of the neighborhood or community. The proposed development
is designed to be convenient and easy to use by the ,general public. Its proximity to
current retail businesses (primarily Cub)
will make it very accessible to patrons
Signature of applicant:
of the overall shopping center. -
06 - 18 -97A * 150 . 0a
STAFF REPORT
DATE: July 15,"1997
TO: Planning Commission Members
FROM: Kim Moore-Sykes, Management Assistant
ITEM: 97-05 Rear Yard Variance Request
Reliance Development Company, L.L.P.
Gas/Convenience Store with Car Wash
BACKGROUND:
Mr. John Trautz, representing Reliance Development Company, submitted an application
for a 12 foot Rear Yard Variance Request to he City in order to construct a gas
station/convenience store/car wash on Lot 4, Block 1, Apache Plaza. This variance request
was published in the local newspaper and neighboring property owners were notified of
the request as required by law.
Mr. Trautz is now requesting that his 12 foot variance request be withdrawn and instead, is
seeking site plan approval from the Planning Commission and the City Council of his
proposed gas station/convenience store and car wash as allowed by the amendment to the
City Ordinance relating to the Minimum Setbacks and Signs in Shopping Centers,, Section
1635.05 with the addition of a new Subdivision 8, and amending Section 1400.04,
Subdivision 27, as adopted on February 25, 1997 and published on March 5, 1997.
Subdivision 8 states, "The minimum yards set forih in this Section 1635.05 will not
apply to any lot line of a lot in a shopping center if (i) the lot line adjoins either
-another lot within the shipping center or a driveway.or parking area within the
shipping center, and (ii) the Council has approved a site plan for a building to be
constructed on the lot with a different setback from such lot line. In such cases,
the setback approved by the Council shall apply so long as the building exists on
the lot."
"For purposes of this subdivision, a "shopping center" means any group of four or
more retail or service establishments totaling a minimum floor area of 75,000 square
feet, on one or more contiguous tracts of land in single ownership, or in multiple
ownership but subject to a reciprocal easement agreement governing common access
and parking."
SENT BY:RELIANCE R.E. SERVICES; 7-10-97 ; 3:09PM ; (612) 338-8971-{ 612 781 93234 2/ 2 -
AAIF reliance Development Company, L.L.P.
VIA FAX 781-9323
Thursday, July 10, 1997
Mr. Mike Mornson
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Petition for Variance
Lot 4, Block 1 Silver Lake Center
Erickson Oil
Dear Mike:
On or about June 18, 1997 Reliance Development Company, LLP applied for a
rear yard setback variance for the above referenced project. After reviewing City
of St. Anthony Ordinance 1997-001 and after discussion with you, Reliance
Development Company, LLP has determined that no variance will be needed.
This letter shall serve as formal notice to remove the Petition for Variance from
consideration by the City of St. Anthony Planning Commission and City Council.
Please call me if you have any questions or concerns.
Sincerely,
J hn C. Trautz
Rand Tower• 527 Marquette Avenue South Minneapolis, MN 55402-1301
(612) 338-1000 • Fax (612) 338-8971
Reliance y
Development Company, L.L.P.
r r
Tuesday, June 17, 1997
Ms. Kim Sykes
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Proposed Development
Lot 4, Block 1, Silver Lake Center
St. Anthony, MN
Dear Kim:
Please find enclosed a "Petition for Variance" for the above referenced property.
Reliance Development Company, LLP is requesting a rear yard setback variance
from 20 feet to 8 feet. I have also enclosed three blueline and nine 81/2 x 11
sized site plans showing the proposed setback. I have not sent a new
landscape plan since it'would change very little. A check for $230.00 is included
for the Conditional Use Permit (previously submitted) and for this Petition for
Variance.
This variance is necessary because of a private building envelope that has been
placed on the property presents an undue hardship. Essentially, no building can
be constructed on the north 50% of Lot 4. 1 have enclosed portions of the
"Reciprocal Easement Agreement" dated May 6, 1996 that was recorded
against title for Lot 4 on May 10, 1996 that imposes this restriction. I have
attached a diagram showing where the,north building envelope line is located.
have asked my architect to squeeze the north - south dimension of our project
as much as possible. I am told that any more reduction in this north - south
dimension will hinder proper circulation. As a result, only a setback variance
can solve this problem.
It is important to note that this variance will not alter the character of the property
and we will still relate well with the property to the south (City Liquor Store).
Si erely,
hn C. Trautz
Rand Tower• 527 Marquette Avenue South Minneapolis, MN 55402-1301
(612) 338-1000 • Fax (612) 338-8971
....... ---
r -- ----- ------- ` -------- � \ -'— Clu'I ITTU -ts
•
----�� \ ---- �, i O'Brien
-------- Strother
ARCIMCTS
i n n n i I o
I 3 � L i . n • n • n . i I I
i
I p
—sroau SIM
LLJ
ru
• ---- ---
y
II I
I I I I I FREEDOM
J.9a2 SF
DODGM oL
sr.xm w
1 ,
I---------F '
—I SF_ + -----
--- -----r ------ -1� '
r--- ---------------------
--�
I FIT
11 I
I I
0 8 10 R ..._...__• C
i :..
PlC i)Gl,illt.(Ul:(!I rAXc:. ( i :.Unrrf} NN
ANDTRANC=Fq ENTEREL• i �cF(.Il(IMUED ON
MAY
<<, I �r L0 It
;17 1 J G .o3
LtlUh1:..cnJ��,u�nr.CfOH LOU >ktiENHA —
,,.�,y,r�... ,c. �. COUNTY RECORDER
EASEMENT ACR F F. G% DEPm —
�"'v
ao -
_.._._...,.( St. Anthony. Minnesota
r'
_ between _
Pr; b/il,111 ._
SUPERVALU INC.
and
STE. MARIE COMPANY
Dated ,1996
zrR"%C xuwnNA-V0CVdKW Aoawuojxoce v
saiae _
2927183
attractive condition. Such Owner shall have the option to choose which of the
foregoing alternatives to perform,but such Owner shall be obligated to perform one
of such alternatives.
7.3 Building ny loo a The Owners hereby agree that all buildings and other above-
grade structures(exclusive of signs)on the Developer Tract,Lot 2,Lot 3,Lot 4,
Lot 5,Lot 6, and/or the SUPERVALU Tract may be located only within the Building
Envelopes designated on Building Envelope Site Plan 1 attached hereto as Exhibit ,
(the'Building Site Plan 1')or on Building Envelope Site Plan 2 attached hereto as
EshihjLtl(the'Building Site Plan 2'). The purpose of having two separate exhibits
with two separate descriptions of Building Envelopes is to allow the Owners of each
Tract some flexibility in changing the location of buildings and other above-grade
structures(exclusive of signs)in the future. Buildings and other above-grade
structures(exclusive of signs)on the Developer Tract,Lot 2,Lot 3, Lot 4,Lot 5,and
Lot 6 shall be deemed properly located within the Building Envelopes if all such
buildings and other above-grade structures(exclusive of signs)on all such Tracts at
any time fit within the Building Envelopes on either the Building Site Plan 1 or the
Building Site Plan 2;only one of such site plans shall be used at any given time to
determine if buildings and other above grade structures(exclusive of signs)on the
Developer Tract,Lot 2, Lot 3, Lot 4,Lot 5,and/or Lot 6 are properly located within the
Building Envelopes. In addition to the cther restrictions contained in this
subsection 7.3,no more than 50%of the area marked on Building Site Plan 2 as
Building Envelopes-50%Buildable Area shall contain buildings or other above-grade
structures(exclusive of signs)at any given time. Nothing in this subsection shall
apply to or restrict buildings or other structures on the New Market Lot or the Theater
Area of the Developer Tract.
The Owners acknowledge that the Building Envelopes designated on both Building
Site Plan 1 and Building Site Plan 2 are subject to the following: (a)the Building _
Envelope shown on Lot 6.'s the same as the location of the building on such lot
existing on the Execution Date plus a five-foot perimeter area around such building;
(b)the Building Envelope shown on Lot 2 is the same as the location of the existing
building on such lot on the Execution Date,plus a five-foot perimeter area around
such building,and plus an area for a canopy to be located to the west of such —
existing building in the location shown on Building Site Plan 1 and Building Site
Plan 2;(c) the Building Envelope shown on Lot 5 is the same as the location of the _
building on such lot existing on the Execution Date,plus a 5,000 square foot _
expansion area to the west of such building, and plus a five-foot perimeter area
around such building and expansion area;and(d)the Building Envelope shown on
the SUPERVALU Tract is the same as the proposed location of the supermarket
building to be constructed on such Tract,plus an expansion area to the south of such
building running to the property tine, and plus a five-foot perimeter area around such
building and expansion area(except to the extent such rive-foot perimeter area is not
located on the SUPERVALU Tract).
7.4 Mall B,ildina
7.4.1 The Owners acknowledge that,as of the Execution Date,there is a building
on the Developer Tract(the'Mall Building')which encroaches onto the
¢wvaIXDW Page 17 of 34 /
ssva
j
l
,Ja
L�
r-
1;.
� . :1 6 1 �' y 11 � ►
-- /
Xmi T .:/a,ice.
cli
Eli
I�j
� � �/'✓./ ��''^�� •i,• :..:.. ....... .. .�, aC�''L`��:', it h:
�� 'ice ' `•/',',.� "i./:/:;. I/�7 ,� _._ _ M '
...�.,._..._ / I�':" ;,,•,..'��i�•�i/"/•� �' �'ii�%"� ..is :� 6[iG11H7 BWRAR'E3
' BLOCK
I_� _ -•� °Lr C'.VC^:.!LG'CS S-I•L ^LL•.'CC'•7
.vSNS�GV AS NCTC rAc,ar L•".T.
MEMORANDUM
DATE: June 19, 1997
TO: Mike Morrison, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Comprehensive Plan Update Status
I.talked with Bill Weber this afternoon regarding the status of the Comprehensive Plan
Update. He indicated that Suzanne is putting the finishing touches on the draft and that
the draft copy will be ready for mailing to the task force members the week of 6/30.
I requested 10 extra copies to be distributed to the remaining Planning Commission
members who are not on the task force, the City Council, you, and me. He said that he
will also be sending copies to the adjacent cities of Columbia Heights, Roseville, New
Brighton and Minneapolis for their comment. They will have 2 - 3 months to comment
on the proposed update.*
After these cities have reviewed the update, it can be sent to the Met Council. But, before
it goes to the Met Council, he felt that the City Council should tentatively approve it.
I will send a letter out to the task force members reminding them of the draft review
scheduled for July 15th at the Planning Commission meeting. Bill Weber indicated this
will be their opportunity to propose revisions.
*The Met Council normally requires that adjacent cities have 6 months to review
Comprehensive Plans and Updates. In speaking with Guy Peterson of the Met Council
and Bill Weber, who also spoke to the Met Council, they are allowing 2 months for review
where the community is completely developed. This is obviously the case with St.
Anthony.
ain thop
illa e
Administrative Offices
3301 Silver Lake Road, St. Anthony; Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
June 25, 1997
Mr. William Soth
Attorney at Law
DORSEY & WHITNEY
Pillsbury Center South
220 South Sixth Street
Minneapolis, MN .55402-1498
Dear Bill:
Enclosed please find for your review copies of two proposed revisions to the City's Zoning
Ordinance regarding professional and medical buildings. This issue came up as the result of
the Wirth Companies request to allow medical laboratories in the Apache Medical
building. The Ordinance states that labs are only allowed in the Light Industrial Zoning
District; the Apache Medical building is in the Commercial District.
Shortly after that request, the City received a request from the Wirth" Companies to put
several wall signs on the south side of the building. Their attorney, Doug Berg, has drafted
a sign plan and a proposed sign ordinance for professional and medical buildings.
Please review these proposals and let me know what you think about them. Jeff Wirth,
Wirth Companies, would like the Planning Commission to review them at the July 15th
Planning Commission meeting and the first reading of the revisions at the July 22nd
Council Meeting.
Also, I have enclosed a proposed revision to the City's Sign Ordinance regarding ground
signs. This Spring we had a resident erect a ground sign in front of his home advertising
his family daycare. Larry asked him to remove the sign; the resident refused stating that
the City Ordinance allows ground signs in all districts. The Planning Commission would
like to restrict ground signs in the residential districts.
Page 2
Please review these proposed revisions and send me a written opinion to give back to the
Planning Commission. If there is anything else that you need or questions that you have,
please let me know. Thanks, Bill.
Sincerely,
Kim N�oore-Sykes,
Management Assistant
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
JULY 8, 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 Mornson and City Attorney William Soth.
10 Councilmembers Absent: None.
11 III. APPROVAL OF JULY 8, 1997 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Wagner, second by Enrooth to approve the July 8, 1997 Regular Council Meeting
13 Agenda with the following changes:
14 After VI. Presentation of Claims add: VI.1. Open Forum.
15 Under VII. Reports add: Proclamation National Night Out.
16
17 Motion carried unanimously.
IV. APPROVAL OF JUNE 24, 1997 CITY COUNCIL REGULAR MEETING MINUTES.
Motion by Marks, second by Wagner to approve the June 24, 1997 City Council Regular
20 Meeting Minutes with the following changes:
21 Page 13, Line 30, replace "Brehmer with "Eric Brever".
22 Page 14, Line 7, replace "has" with "will".
23 Page 14, Line 15, replace "do need to" with "may".
24 Page 17, Line 3, replace "himself' with "he".
25 Motion carried unanimously.
26 V. LICENSES/PERMITS/PETITIONS.
27 Motion by Marks, second by Wagner to approve the following licenses:
28 Contractors License:
29 Kleinman Realty Company, Mpls., MN/renewal
30 Kihle Construction, Inc., Medicine Lake, MN/working at Marshall Manufacturing
31 Heating License:
32 Centraire Heating & Air Conditioning, Eden Prairie, MN/renewal
33 Ray N. Welter Heating Company, Mpls., MN/renewal
34 Home Energy Center, Plymouth, MN/renewal
5 Del-Mar Furnace Exchange, Inc., Brooklyn Park, MN/renewal
G R Mechanical Plumbing & Heating Contractor, Rogers, MN/renewal
7 Preferred Mechanical Services, Inc., Richfield, MN/renewal
City Council Regular Meeting Minutes
• July 8, 1997
Page 2
1 Yale Incorporated, Bloomington, MN/renewal
2 Krinkie Heating & Air Conditioning, St. Paul, MN/renewal
3 R & S Heating & Air Conditioning, Burnsville, MN/renewal
4 Sharp Heating & Air Conditioning, Mpls., MN/renewal
5 Superior Contractors, Inc., Mpls., MN/renewal
6 Twin City Furnace Co., Inc., St. Paul, MN/renewal
7 Owens Services Corporation, Bloomington, MN/renewal
8 Golden Valley Heating & Air Conditioning, Crystal, MN/renewal
9 Market Mechanical, Brooklyn Park, MN/renewal
10 Metropolitan Mechanical Contractors, Inc., Eden.Prairie, MN/renewal
11 Gilbert Mechanical Contractors, Inc., Edina, MN/renewal
12 Standard Heating & Air Conditioning Co., Mpls., MN/renewal
13 Sedgwick Heating & Air Conditioning Co., Mpls., MN/renewal
14 -Maple Grove Heating & Air Conditioning Co., Maple Grove, MN/renewal
15 Motion carried unanimously.
16 Motion by Faust, second by Wagner to approve the following permits:
41 Temporary 3.2 Beer Permit:
July 30, 1997, Honeywell Picnic/Central Park
19 August 23, 1997, Lucking Machine/Central Park
20
21 Vote on the motion: Ranallo, Faust,-Enrooth and Wagner voted aye. Marks voted naye.
22 Motion carried.
23 VI. PRESENTATION OF CLAIMS.
24 Motion by Marks, second by Enrooth to approve the following claims:
25
26 A. Firstar
27 1. In the amount of$9,461.25 for interest payable for St. Anthony MN 93A GO
28 Improvement Bond dated August 1, 1993 for 1993A Road Project.
29 2. In the amount of$13,372.50 for interest payable for St. Anthony MN 1994B
30 GO Improvement Bond dated June 1, 1994 for 1994B Road Project.
31 3. In the amount of$22,657.50 for St. Anthony MN GO Improvement Bond dated
32 March 1, 1995 for 1995A Road Project.
33 B. 3 pages of Verified Claims as presented by the Finance Director.
34 Motion carried unanimously.
k VI.1. OPEN FORUM.
Mayor Ranallo reported he had received numerous calls over the past week and this portion of
37 the meeting was to give residents the opportunity to voice their opinions to the Council.
City Council Regular Meeting Minutes
July 8, 1997 •
Page 3
1 Norine Lockrem, 2716 St. Anthony Boulevard, presented a letter she had drafted to the Mayor
2 and City Council and noted the key points. She stated that due to the extreme water problems
3 on St. Anthony Boulevard, she is requesting that the City of St. Anthony purchase the
4 property at 2716 St. Anthony Boulevard and in addition reimburse her family for personal
5 property loss. She asked that the City consider this request and advise within 60 days of their
6 decision, recognizing that the City may need to collaborate this effort with other governmental
7 jurisdictions.
8 Ms. Lockrem stated that on July 1, 1997, the water level on St. Anthony Boulevard rose to
9 approximately 8 feet, which made water come through her front door. Water also crashed
10 though the basement window and filled the basement completely and on through the ceiling
11 into the first floor. She stated her home is unlivable.
12 Ms. Lockrem stated in July 1987 water came into the basement. The news media deemed this
13 to be the storm of the century. Following that storm, federal aid in the form of small
14 business loans was offered to storm victims. The federal government estimated the damage
15 on her home at $38,000. Her family obtained a small business loan in the amount of
16 $20,000, in the form of a second mortgage and rebuilt the home. She stated she cannot
17 afford a third mortgage.
18 Ms. Lockrem noted there has been controversy of who is at fault. She suggested that all the •
19 governing agencies need to get involved and work together. For that reason she has copied
20 this letter to State Senator Marty, State Representative McGuire, City of Minneapolis Mayor
21 Sayles-Belton, Hennepin County Commissioner Stenglein, and U.S. Senator Wellstone. She
22 noted St. Anthony is a small community and she felt St. Anthony was being ignored.
23 Sandra Rose, 2709 St. Anthony Boulevard, stated she and her husband, at their own expense,
24 have done everything possible to repair and fix their home to keep it from being jeopardized
25 by water. They have installed block windows in the basement, installed a retaining wall and
26 high vents for their appliances. This has all been done to no avail. She stated she felt the
27 City should purchase her property to use as a holding pond. Her property is unlivable. She
28 stated she lives hostage as a result of this situation as she cannot leave the property. Her
29 husband is a senior citizen and they do not want to have to start all over. She noted this issue
30 was discussed in 1992 and the Mayor stated that one option would be that this area could be
31 designated as a flood area. Without this designation, flood insurance is not available. She
32 cannot, in good faith, sell her home to anyone else. She stated this is a problem of the
33 community and the community needs to stand up for one another.
34 Mary Ann Kuharski, 2709 Pahl Avenue, stated she had lived in her home for 20 years. Due
35 to the storm, she experienced water damage in the garage as well as the basement which
36 served as her son's bedroom. She has lost household items, toys and games and her sons are
.37 sleeping on cushions on the main floor area. She stated that worse than the flooding, the •
38 mess, and the clean up, is that fact that this has happened before and no action was taken, and
City Council Regular Meeting Minutes
• July 8, 1997
Page 4
1 now it has happened again. She stated the north area of the City was assured protection with
2 the addition of three holding ponds. She asked that the south side be given the same protection.
3 Ms. Kuharski stated that in 1987, she was told that they had experienced a 100 year storm
4 and the flooding would not happen again. The storm this year was far worse than the storm
5 in 1987. She stated the neighborhood needs help now. St. Anthony is a first-ring suburb and
6 it would be a shame to lose good residents not due to crime and violence but due to unsafe
7 conditions due to flooding.
8 Sue Kozarek, 4029 Shamrock, stated she had previously lived on 29th Avenue and West
9 Armour Terrace but moved to get away from the water. During the recent storm, the storm
10 sewer system backed up and resulted in 7.5 feet of water in her basement. The force of the
11 water was so strong from the storm sewer that it burst through the downstairs doors and
12 flooded her basement which included a bedroom, an office and a work space. The storm
13 sewer cannot handle the water and the result is devastating. She asked that the City please
14 look at the storm sewer system.
15 Ms. Kozarek stated.she was also upset that she had not received any help from the City. If it
16 were not for friends and co-workers, she did not know how she would have gotten by. She
stated all her food had to be thrown away due to the threat of hepatitis and all her pictures
and her wedding dress are gone.
19 Linda Gonier, 351.6 Skycroft Drive, stated the park is behind her house. As a result of the
20 storm, there is 15 inches of water in her basement. The neighbors to the east and west of her
21 are dry. Her basement has become an emergency holding pond for the park. She stated that
22 at the meeting six years ago, the neighbors asked that a berm be installed around the park to
23 offer them protection. She asked that this option be reconsidered. She stated that her home
24 is in a low area and she has had problems previously, as had the previous owner. She is in
25 the process of trying to improve the sump pump situation and has installed tubing with drains
26 in the yard to take the water to the park. She again asked that the installation of the berm be
27 reconsidered.
28 Joe Bredemus, 2705 St. Anthony Boulevard, stated the City had built new streets with bigger
29 pipes which go into smaller drains that cannot handle the water. The,City of Minneapolis has
30 a big pipe which St. Anthony could tie into but it was determined that this was too expensive
31 and this was not done. He suggested the City obtain some type of federal aid funds.
32 Tom Hoban, 2705 Pahl Avenue N.E., stated that the last time he spoke to the Council it was
33 in regard to this same issue. At that time the City stated they would do a study and then
34 assessed a $3.00 fee on the sewer and water. He asked that the City consider building another
35 holding pond or put a building moratorium in effect. He stated he was tired of seeing 82 year
0 old men having to be rescued because the water is too deep.
37 Mike Jacobs, 2914-29th Avenue N.E., stated it was hard not to get emotional when this
38 happens as many times as it has. He stated he did not feel he had it in him to go through this
City Council Regular Meeting Minutes
July 8, 1997 •
Page 5
1 again. The storm resulted in two feet of water in his basement. His appliances were replaced
2 two years ago and they are ruined. He asked the whole community to pull together to resolve
3 this problem.
4 Mayor Ranallo noted that, although not nearly as much as other residents, he too had water in
5 his basement as a result of the storm. He was surprised that there were problems on the north
6 side of St. Anthony. He noted that this issue was looked at ten years ago, eight years ago and
7 two years ago. The cost of correcting this problem was $10 million. Two to three years ago
8 the City began assessing an additional $3.00 per quarter to develop a water fund to deal with
9 this issue. Currently that fund. has a balance of approximately $140,000. Mayor stated two
10 years ago it was suggested that a holding pond be constructed in the park and no one wanted
11 that.
12 Mayor-Ranallo noted that the storm on July 1 resulted in 3.5 inches of rain in 28 minutes.
13 The City lost power and was busy trying to keep the sewer pumps operating. The City sent a
14 police car to the area to provide assistance and the squad was flooded and ruined.
15 Sandra Maxwell, 3504 Skycroft Drive, suggested the City ask outside agencies for help. She
16 suggested a task force be established and everyone work together as a community. She stated
17 she sells real estate and noted that none of these residents will be able to sell their property.
18 The residents pay high taxes.and should not.have water in their homes.
19 Bob Lohmar, 2512 St. Anthony Road, stated that luckily he had experienced no real problems
20 due to the storm. 25 years ago a Sewer System Commission was appointed and resulted in a
21 lot of suggestions but nothing has been done. He felt it is time to take the "bulls by the
22 horn" and do everything possible to find a solution. He stated he did not believe that the
23 ordinance in regard to lock valves is being enforced.
24 Jane Hintz, 3503 Maplewood Drive, stated she has not experienced damage from the storm.
25 She provided an article which was published in the Northeaster on February 12, 1992, that
26 stated a study in regard to this problem had been done for $25,000. She suggested the results
27 of that study be utilized rather than initiating a new study. She also suggested this issue be
28 considered in collaboration with the update to the park system. .
29 Mayor Ranallo noted Dennis Palmer of Barr Engineering was present this evening to explain
30 the results of the 1992 study. Mayor noted that residents have been informed that they have
31 to install lock valves and pumps, but that many residents do not do it.
32 Ms. Rose stated she has a lock valve and pumps. She even has a retaining wall but these
33 things do not keep the water out. She felt that $10 million was an outrageous amount for
34 residents to absorb in their taxes. She suggested that if some homes were purchased in the
35 area and used for land for a holding pond, it would not cost near $10 million. She stated she •
36 would sell the City her home as she was too tired to go through this again.
City Council Regular Meeting Minutes
• July 8, 1997
Page 6
1 Dennis Palmer, Barr Engineering, stated the City had hired him in 1992 to perform a study of
2 surface water drainage problems in district #6 of St. Anthony. Based on his experience and
3 data supplied by the City, a computer model was formed. Different solutions were then
4 applied-to the model. This resulted in three options. The first option was to do nothing in
5 terms of structure but to react in terms of moratoriums and zoning. This was the cheapest
6 alternative. The second alternative was to increase the capacity of the outlet trunk in New
7 Brighton Boulevard. This was not possible as it was determined that there is no capacity
8 available for the City of St. Anthony as it is being used to capacity by other cities. It was
9 then determined to build a new pipe from Lowry Avenue and Highway 88 down to the
10 freeway to augment the capacity of the pipe. This option would cost $12 to $16 million. The
11 third option was to build a storage pond to hold the water until the capacity is available in the
12 pipe. The combination of a storage pond and selective pipe capacity increase would allow for
13 an increase in capacity to handle a 100 year storm event.
14 These three options were then presented and at that time several citizens came forward and
15 stated they felt the City could not afford the dollar amounts. They felt the City needed to
16 deal with the issue in the form of a non-structural solution. It has been suggested that the
17 area be declared a flood hazard zone to enable residents to purchase flood insurance. The
18 FEMA has stated it is not possible to declare an area a flood zone when the flooding is
occurring due'to inadequate storm sewer capacity.
20 Mr. Palmer stated that he had been asked to attend the meeting this evening to explain the
21 results of the 1992 study and also to answer questions. He was not here to defend the City.
22 The City is concerned and frustrated with the situation. He suggested a consensus process is
23 needed to help people understand what alternatives are available and to provide feedback to
24 the City of what solution is acceptable. He suggested that if it were necessary to purchase 10
25 to 18 homes, it may be as expensive as $10 million and it will also affect the tax base. He
26 also noted that based on the United States Weather Bureau Chart, a 100 year storm event
27 would occur if 3.5 inches of rain were received in two hours. In this storm 3.5 inches of rain
28 were received in just 28 minutes. He stated that even if the $6 million solution had been in
29 place, the July 1, 1997 storm would have exceeded the storm water capacity.
30 Mayor Ranallo noted all the homes on 34th Avenue and Edward Street have sump pumps and
31 valves and have done what they could to keep the water out of their basements but this sends
32 all the water to the other end.of town.
33 Mr. Jacobs stated this was a Band-Aid for the problem and not a solution.' He felt the entire
34 community needed to work together.
35 Mr. Lohmar noted these remedies solve the issue of the storm sewer backing up but do not
36 resolve the issue of the surface water.
Ms. Kuharski stated she was grateful for the 1992 study. She stated she did not agree with
38 the taking of 11 to 18 homes in the area, as many good residents would be lost as well as
39 effects on the tax base. She stated she would be willing to give up the baseball field, where
City Council Regular Meeting Minutes
July 8, 1997 •
Page 7
1 her children are playing right now, if it would keep the water down. She did not see the
2 necessity of a neighborhood survey. She stated she would like to leave this evening knowing
3 that something would be done.
4 Kim Bloom stated she lives by the park and all the water from the football area comes into
5 her yard. Her backyard and garage are flooded. This happened in the fall of last year, the
6 spring of this year and again on July 1.
7 Mayor Ranallo suggested a task force be organized to include residents of different sectors of
8 the City. He also explained that the ponds at Apache Plaza are not holding ponds, they
9 merely filter the water before it drains to Silver Lake.
10 Wagner asked if the solution of holding ponds could be accomplished in different areas of the
11 City with the removal of only a few homes in each area.of the City.
12 Mr. Palmer stated the 1992 study focused on the problem south of 33rd Avenue, district #6.
13 That solution did not include removal of any homes but did include the removal of a small
14 shopping center for location of one pond and also a significant portion of the trailer park
15 property for a second pond. The large pond in the trailer court would be 14 acre foot of
16 storage or approximately 5 acres of land. •
17 Morrison stated that the City would be required to relocate residents of the trailer park if a
18 pond was put in the trailer park.
19 Mr. Palmer stated the residents would have to be relocated and that cost was not included in
20 his cost figure.
21 William Soth, City Attorney, stated there could be relocation payment costs involved as well
22 as the costs of purchasing the homes.
23 Ms. Maxwell asked what the plans were for the property that was being purchased by the City
24 on Kenzie Terrace. She suggested that other cities have water problems and they work them
25 out. Action is needed on this issue because this could wipe out the City of St. Anthony.
26 Faust noted that Mr. Palmer had stated that even the $6 million plan would not have
27 alleviated some of the problems which resulted from the 3.5 inch rain. This issue needs to be
28 thought through so the money is well spent. He agreed that a task force was needed to
29 address this situation.
30 Mr. Jacobs stated that a lot of residents do not understand what a big problem this is.
31 Faust agreed that it will require an education process. It may be difficult to convince others •
32 who are not affected.
City Council Regular Meeting Minutes
• July 8, 1997
Page 8
1 Ms. Lockrem stated that her family has been devastated by this storm. She realizes that $6
2 million is a lot of money for the City of St. Anthony but that it was just a "drop in the
3 bucket" when you look at the budget of the City of Minneapolis, Hennepin County, or the
4 _State of Minnesota. She felt the City had to go beyond and get the other governmental
5 agencies involved to obtain the necessary funds. She publicly thanked her neighbors for their
6 help and stated she couldn't ask for a better neighborhood and community.
7 Mayor Ranallo suggested a committee by organized consisting of 10-12 people from different
8 areas of the community. He felt another study on the south end may not be necessary but a
9 study on the north end would be beneficial.
10 Marks stated that years ago the area on which these homes are located was swamp and
11 wetlands. He stated it may be worth purchasing these homes and returning the area to its
12 natural state. This would also enhance the look of St. Anthony Boulevard. He also suggested
13 that it may be appropriate to install a berm around Central Park with a walking trail on the
= 14 top of it. He stated this was worth investigating.
15 Enrooth stated the comments this evening were very upsetting. He noted this affects 20 to 50
16 homes of the 2,000 single family homes in the City. The City Council is not in the position
to convince 1,950 families that this is a community issue. In regard to the berm around the
park, Enrooth questioned where the water would go. He noted if this could hold the water, it
19 may be of assistance.
20 Faust stated that he lives on Silver Lake and his home is located on high ground. Due to the
21 storm he had 1.5 inches of rain in his basement and the lake rose by two feet.
22 Ms. Hintz stated the task force would need more representation than one or two
23 councilmembers.
24 Mayor Ranallo explained the open meeting law. He stated the task force needed to reach a
25 consensus and then report to the Council. He asked City Manager to pass around a notebook
26 and collect names and addresses of all in attendance. Mayor noted that if there was not
27 representation in a specific area of the City, Staff will contact anyone in attendance this
28 evening from that area.
29 Ms. Kuharski suggested a time limit be set for a report from the task force. She also
30 suggested'City Manager research the options available through the county,'state and federal
31 government and provide that information to the task force.
32 Morrison stated he would speak with Mr. Palmer and also with City Attorney Soth. He
33 suggested the sooner a report is received from the task force the better as there may be a
special legislative session this fall to address flooding.
City Council Regular Meeting Minutes
July 8, 1997 •
Page 9
1 Faust noted the results of the task force will be long range and will not provide immediate
2 assistance. He questioned what the City could do today for those in need. He asked residents
3 to express their ideas to City. Councilmembers or the City Manager.
4 A resident suggested the City conduct a survey to determine how many residents have been
5 affected and to what extent.
6 Ms. Kozarek stated this needed to be calculated to determine if any county, state or federal
7 aid was available. She suggested that residents contact Kim Moore-Sykes at City Hall with
8 this information.
9 Ms. Rose noted there were no phone numbers to call for help with the clean up. There was
10 supposed to be disinfectant available but it was not clear where to obtain it. She suggested
11 literature should be available for people in this situation.
12 City Attorney William Soth excused himself from the meeting at 8:52 p.m.
13 Mayor Ranallo asked Mr. Palmer to contact City Manager in regard to a study of surface
14 water in the northern area of the City.
15 Ms. Kuharski thanked the Council for listening and empathizing with the residents. •
16 Mayor Ranallo thanked the residents for attending the meeting.
IT VII. REPORTS.
18 Proclamation National Night Out.
19 Motion by Marks, second by Enrooth to approve a:Proclamation declaring Tuesday, August 5,
20 1997 as "National Night Out" in the City of St. Anthony.
21 Motion carried unanimously.
22
23 A. Councilmembers.
24 Wagner reported his attendance at a recent Merchants Association Meeting. The primary
25 discussion was in regard to the closing of the parking lot of Custom Liquidators. There was
26 consensus of the merchants that it would not affect their business if the parking lot was
27 closed.
28 Morrison confirmed that the Council's opinion was that the Custom Liquidator parking lot was
29 a private drive so there is no public issue involved.
30 The Council confirmed this was correct.
31 Faust reported the Anoka County Parks have a virtually indestructible picnic table and bench. •
32 They are heavy and hard to move. He suggested these might be appropriate for St. Anthony
33 parks.
City Council Regular Meeting Minutes
• July 8, 1997
Page 10
1 Faust reported his attendance at the Association of Metropolitan Municipalities breakfast
2 meeting. The three issues addressed were the Local Government Advisory Council Study,
3 transportation funding, and dispelling the myth that cities are just another special interest
4 group.
5 Enrooth reported he was unable to attend the recent VillageFest meeting as he was out of
6 town. He stated he will be attending the Middle Mississippi Watershed District meeting on
7 July 10 and suggested this may be a body who can address the flooding issue.
8 Marks reported he had toured the entire City of St. Anthony yesterday with City Manager and
9 the Public Works Director.
10 B. Mayor.
11 Mayor Ranallo reported he had attended the recent VillageFest meeting and all was
12 proceeding well. Councilmembers riding in the parade are required to provide their own
13 vehicle and sign.
14 Mayor Ranallo reported he had received a call from Shawn, Salvation Army, requesting
15 volunteers for a focus group.
46 Marks stated he had been contacted and had volunteered. Wagner stated he would be happy
17 to volunteer but had not been contacted.
18 Mayor Ranallo stated a group of people had met last evening to discuss the group home
19 which will be located at 3500 Coolidge. He had suggested that they meet with the people
20 who are purchasing the home and that meeting will take place tomorrow night.
21 C. City Manager.
22 Mornson asked if the Council would like him to utilize the same process for applicants of the
23 Water Task Force as was used for the Parks Task Force. He noted that he had the list of the
24 persons in attendance this evening and would forward a letter to them. He suggested the City
25 put a flyer together and go into the neighborhoods to determine who was affected.by the
26 flooding. Mornson noted that Thursday he and the Public Works Director will be meeting
27 with WSB. He felt it may be appropriate to include WSB in the Water Task Force process as
28 they are preparing the water management plan for the City. Mornson recommended that more
29 than one City Councilmember be included on the Water Task Force as this is a large issue.
30 Mornson reported that he had been on vacation when the storm hit the City on July 1. He
31 thanked Kim Moore-Sykes for the wonderful job that she did of handling the situation and of
32 lending a sympathetic ear. He also thanked the entire City staff for their efforts. . Mornson
33 noted that the City does not have any literature available for flood victims and this may be
something they will work on.
35 Wagner suggested it could be included as part of the Civil Defense Plan.
City Council Regular Meeting Minutes
July 8, 1997 •
Page 11
1 1. Liquor Store Update.
2 Morrison reported closing was completed on June 27 and pre-construction is scheduled for
3 July 7. The contractor anticipates a starting date of July 14 and completion date of October
4 20. The bond sale approval in the approximate amount of$900,000, is scheduled for July 22.
5 Morrison noted that many things had occurred during this process which resulted in the City
6 saving money. Ste. Marie allowed the City to pay month-to-month on August 30, 1996 for
7 SAV 2. Ste. Marie agreed to terminate the remaining 42 months of an Apache Wells lease
8 resulting in a savings of $200,000. Ste. Marie agreed on a purchase price of$200,000 under
9 the appraisal. Ste. Marie reduced the rent by $1,250 a month on SAV 2, effective June 1,
10 1997 to assist with the additional electrical cost.
11 2. City Hall Update.
12 Morrison reported there is a leak in the ceiling of the City Hall due to Tuesday's rain which is
13 currently being analyzed by the inspector.
14 On July 1, 1997 the paving contract was terminated. The City has received a letter from
15 Northwest Bituminous that they will consider doing the paving if the City agrees to do the
16 testing. Morrison reported he, Jim O'Brien and Public Works Director will meet with Graus
17 Construction in an attempt to get the building finished. Morrison noted the main goal is to
18 get the driveway paved.and the area behind the police department lowered so that water can •
19 go where it is supposed to.
20 Mike Peterson contacted the City to obtain a letter verifying the Sports Boosters contributions.
21 The Sports Boosters have committed to $60,000 and have already paid $15,000. Another
22 contribution of$25,000 will be made by the end of July.
23 3. Comprehensive Plan Update.
24 The Comprehensive Plan Update will be reviewed at the July 15 Planning Commission
25 meeting and members of the task force are invited. If the task force is satisfied with the
26 update, it will be forwarded to the City Council and then submitted to all governing agencies.
27 The public hearing in regard to the update will be held in the fall.
28 4. Silver Lake Bridge.
29 A meeting has been scheduled on July 9 with Ramsey County's Dan Solar to discuss how
30 much money the county will provide for the Silver Lake bridge project. This may be on the
31 Council's July 22 agenda.
32 5. Meeting with WSB
33 WSB, engineering consultant, will hold a meeting on July 10 relating to their draft report on
34 the water management plan. This may be on the Council's July 22 agenda.
35 6. MFRS Affirmative Action Plan •
36 A meeting is scheduled on July 11 in Fridley regarding the draft of the MPRS affirmative
37 action plan.
City Council Regular Meeting Minutes
• July 8, 1997
Page 12
1 Mornson reported he has been contacted by Hey Co., an interior design construction company,
2 who was hired by Sunset Cemetery to construct a funeral home across from the golf course.
3 The Cemetery is located in an area zoned single-family residential. Staff is determining
4 whether this needs to be rezoned or requires a change to the district.
5
6 VIII. PUBLIC HEARINGS - None.
7 IX. NEW BUSINESS.
8 A. Appointment of Parks Task Force Members.
9 Mornson reported 13 people had applied for this task force.
10 George Marks and George Wagner,volunteered to be the Council representation on the Parks
11 Task Force.
12 Motion by Marks, second by Faust to approve the appointment of Parks Task Force members
13 as recommended by Staff.
14 Motion carried unanimously.
Mornson stated he would be including the memo dated June 24, 1997 provided by George
Marks, in the mailing to newly appointed Task Force members.
17 There was Council to consensus change that memo to indicate that these are only guidelines
18 for the task force to consider. The memo will also be changed to indicate that the Task Force
19 recommendation may result in one of the proposed plans or it may result in a different plan.
20 B. Consider Contract Addition with Bob Kost of BRW, Inc.
21 Motion by Marks, second by Enrooth to approve the Contract Addition with Bob Kost of
22 BRW, Inc. in regard to the Parks Task Force.
23 Motion carried unanimously.
24 C. Consider Feasibility for Sidewalk Improvements to St. Anthony Boulevard.
25 Motion by Marks, second by Enrooth to table consideration of a feasibility study for sidewalk
26 improvements to St. Anthony Boulevard.
27 Motion carried unanimously.
28 Mornson noted that the Assessment Policy and the Ordinance related to this issue were
29 inconsistent and that he may propose a change at a future meeting.
30
•
City Council Regular Meeting Minutes
July 8, 1997 •
Page 13
1 VII. UNFINISHED BUSINESS.
2 A. Ordinance 1997-004, re: Mayor and Councilmembers' Salaries ( 3rd Reading 1.
3 Motion by Marks, second by Faust to accept the 3rd reading and adopt Ordinance 1997-004,
4 relating to Mayor and Councilmembers salaries; amending Chapter 2, Section 200.12, Subds.
5 1 and 2 of the 1993 St. Anthony Code of Ordinances.
6 Motion carried unanimously.
7
8 XI. ADJOURNMENT.
9 Motion by Marks, second by Wagner to adjourn the meeting at 9:37 P.M.
10 Motion carried unanimously.
11 Respectfully submitted,
12 Lorri Kopischke
13 Timesaver Off Site Secretarial
14
15 Mayon
16 ATTEST:
17 City Clerk
•
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 JUNE 24, 1997
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:01 P.M. followed by the Pledge of Allegiance led by
6 Mayor Ranallo.
7 H. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust.
9 Also Present: City Manager Michael Morrison and City Attorney William Soth.
10 Councilmembers Absent: None.
11 III. APPROVAL OF JUNE 24, 1997 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Marks, second by Wagner to approve the June 24, 1997 Regular Council Meeting
13 Agenda with the following change:
14 Under V. Licenses/Permits/Petitions add: A. Kimberly Caplan, Paint House Numbers on
15 Curb.
16
17 Motion carried unanimously.
18 IV. APPROVAL OF JUNE 9, 1997 CITY COUNCIL REGULAR MEETING MINUTES.
19 Motion by Marks, second by Enrooth to approve the June 9, 1997 City Council Regular
20 Meeting Minutes as presented.
21 Motion carried unanimously.
22 V. LICENSES/PERMITS/PETITIONS.
23 Motion by Marks, second by Enrooth to approve the following licenses:
24 Contractors License:
25 The Material Handling Group, Inc., Savage, MN/Process Label Systems Inc.
26 RAK Construction Inc.; Ham Lake, MN/High School
27 Dalbec Roofing, Inc., Long Lake, MN/1st Bank of Apache
28 Heating License:
29 Westair Inc., Hanover, MN/Larry Beach's Townhomes
30 Master Mechanical, Inc., Bloomington, MN/St. Anthony Health Center
31 Multiple Dwelling License:
32 Walker on Kenzie, Walker Senior Housing Corp. 1 /45 Units
33 Motion carried unanimously.
34 Motion by Wagner, second by Faust to approve the following permit:
I r
City Council Regular Meeting Minutes
June 24, 1997
Page 2
1 Temporary 3.2 Beer Permit:
2 August 24, 1997/Family Picnic/Roxanne Stark Family/Central Park
3 Vote on the motion: Ranallo, Enrooth, Faust, and Wagner voted aye. Marks voted naye.
4 Motion carried.
5 A. Kimberly Caplan, Permit to Paint House Numbers on Curbs.
6 Kimberly Caplan, 3405 31st Avenue NE, stated she was an undergraduate student at the
7 University of Colorado who was home for the summer and was trying to find work to help
8 pay for school. She noted she has diminished hearing on the left and none on the right and is
9 seeking a job that requires a minimal amount of communication. She then gave Mayor
10 Ranallo the flyer she was planning to distribute.
11 Mayor Ranallo noted the flyer advertised the painting of five inch tall black letters on a white
12 background for $5.00. This numbering would allow easy viewing of an address by police and
13 fire vehicles. If the customer is not satisfied, the painting will be redone. The flyer asked
14 that if interested, the homeowner fill out the flyer and tape it on their door the next day.
15 Marks noted that in the past the.City has encouraged this identification on the street so
16 emergency vehicles can get to problems as quickly as possible.
17 Wagner noted there are a lot of existing street identification numbers which need repainting.
18 Faust asked if Ms. Caplan was aware of the size requirements for the numbering per the City
19 Ordinance.
20 Mayor Ranallo stated the Public Works Director had explained the requirements to Ms.
21 Caplan.
22 Motion by Marks, second by Wagner to approve a permit to allow Kimberly Caplan to solicit
23 and paint house numbers on the curbs.in the City of St. Anthony.
24 Motion carried unanimously.
25 VI. PRESENTATION OF CLAIMS.
26 Motion by Enrooth, second by Marks to approve the following claims:
27
28 A. Foster, Oiile, Wentzell & Brever in the amount of$3,000.00 for professional services
29 rendered for June 1997.
30 B. Rieke Carroll Muller Associates in the amount of$4,500.00 for professional services
31. rendered from May 1 to May 31, 1997 in regard to the 33rd Avenue Improvements
32 Feasibility Study and in the amount of $7,408.25 for professional services rendered
33 April 27 to May 31 in regard to 1997 Street/Watermain Improvements Construction.
City Council Regular Meeting Minutes
June 24, 1997
Page 3
1 C. WSB & Associates, Inc. in the amount of$9,300.00 for professional services rendered
2 May 1 through May 31, 1997 in regard to Water Resource Management Plan.
3 D. 4 pages of Verified Claims as presented by the Finance Director.
4 Motion carried unanimously.
5 VII. REPORTS.
6 A. Planning Commission - June 17, 1997.
7 Planning Commissioner James Gondorchin was present to report on the issues addressed at the
8 June 17, 1997 Planning Commission meeting.
9 1. Phil Rosar, Exhaust Pros, 4000 Silver Lake Road; Conditional Use Permit and
10 Front Yard Variance.
11 Commissioner Gondorchin reported the Planning Commission held a public hearing to
12 consider a request for a conditional use permit to add a car wash and additional bays and a
13 variance request of 25 feet to accommodate the expansion for Exhaust Pros, 4000 Silver Lake
14 Road. The Commission voted unanimously to approve both requests. Gondorchin reported
15 there was an omission in the minutes for that meeting in regard to operating hours. The
16 Commission had included hours of operation for the business on Sunday from 10:00.A.M. to
17 4:00 P.M.
18 The City received one letter in opposition to the request, complaining of the noise and the
19 appearance of the site. This was further emphasized by testimony of residents at the meeting,
20 objecting to the noise and appearance of the site.
21 The Planning Commission felt this would be a nice upgrade to the site as it would include
22 75% new construction and would replace an obsolete building. The way'the building is laid
23 out on the lot, granting of the variance will not cause an encroachment and is appropriate.
24 The Planning Commission recommended approval of the conditional use permit based on the
25 following conditions:
26 1. Submittal of a plan for aesthetic improvements to the structure including landscaping,
27 driveway, dumpster enclosure and signage plan to be implemented within six months
28 of plan approval;
29 2. Hours of operation for the Exhaust Pros shop (not including the car wash) be Monday
30 through Friday from 7:00 A.M. to 8:00 P.M., Saturday from 7:00 A.M. to 5:00 P.M.,
31 and Sunday from 10:00 A.M. to 4:00 P.M.;
32 3. That signage be limited to a monument sign and a pylon sign is not allowed; and,
33 4. Outdoor vehicle storage be limited to two vehicles for a period not to exceed 72 hours.
34
35 The Planning Commission recommended approval of the variance request based on the
36 following conditions:
37
r ,
City Council Regular Meeting Minutes
June 24, 1997
Page 4
1 1. Strict enforcement would cause a hardship due to the configuration of the structure and
2 existing traffic lanes;
3 2. The hardship was not created by the landowner but. is unique to the individual and this
4 lot as.this is a remodel/redevelopment; and,
5 3. This variance is within the spirit of the redevelopment of St. Anthony and economic
6 considerations are not the sole criteria.
7 Marks questioned landscaping on the site.
8 Commissioner Gondorchin stated this is included in condition #1 of the conditional use
9 permit.
10 Wagner noted this was a condition of the original conditional use permit and was never
11 completed.
12 Commissioner Gondorchin agreed with this statement. He explained Mr. Rosar felt he had
g P
13 been lied to in regard to the development of Apache Plaza and did not feel it was
14 economically feasible to improve the site prior to CUB Foods locating at Apache Plaza.
15 Mayor Ranallo questioned the rationale for approval of the requests and noted that CUB
16 Foods has been in the process of locating at Apache Plaza for eighteen months.
17 Commissioner Gondorchin stated the basis for approval is that the addition will result in 75%
18 new construction and will be an aesthetic improvement. If the requests are not granted, the
19 business can continue to operate in its current state under the conditions of the original
20 conditional use permit. He noted another factor was that Mr. Rosar could renovate the
21 building without granting of the variance or the conditional use permit.
22 Faust noted condition #2 for granting a variance which states, "The purpose of the proposed
23 variance is not based exclusively on the desire to increase the value or income potential of the
24 parcel of land but would correct extraordinary circumstances applicable to this property but
25 not applicable to other property in the-City or zoning district". He then questioned how the
26 Planning Commission answered this condition.
27 Commissioner Gondorchin acknowledged that Mr. Rosar was performing the addition for
28 economic reasons. The Planning Commission considered this as a redevelopment and keeping
29 in the spirit of redevelopment of the entire area. Also aesthetically, the addition will be much
30 better than what is currently located on the site.
31 Marks noted granting of a variance requires that the physical shape of the property causes a
32 hardship. He questioned what physical conditions were taken into account for this variance.
33 Commissioner Gondorchin indicated the position of the lot to the road and the area around the
34 building including the portion in the back of the building which is an easement belonging to
City Council Regular Meeting Minutes
June 24, 1997
Page 5
1 Hardees. Also the entrance and exit to the site. The proposal makes sense for traffic flow
2 and public safety.
3 Marks asked if the lot was substandard.
4 Gondorchin indicated the lot was not substandard. If the variance were denied, the car wash
5 could still be located on the site. This position on the site is a result of traffic flow.
6 Mr. Rosar, 10640 Mississippi, owner of the property, stated when he bought the property he
7 was told that CUB Foods would be locating in.Apache Plaza. He did not improve the site
8 because he was waiting to see if CUB was actually going to be built. When CUB did come
9 to Apache, he was busy with other projects and has been unable to update the site until now.
10 Mr. Rosar apologized for this.
11 Mr. Rosar noted there have been complaints in regard to the noise from Exhaust Pros. He has
12 checked into the noise and it is not coming from Exhaust Pros but rather is from race cars at
13 Goodyear being worked on without exhaust.
14 Mr. Rosar.agreed that the Exhaust Pros site is a mess but rioted the purpose of his request is
15 to bring the site up to code. .It is also to make money, as the two go hand in hand. He stated
16 if he is not allowed to construct the proposal, he will meet the conditions of the conditional
17 use permit and continue to operate with the business as-is. He noted however, if he lived
18 across the street from the site, he would want the addition as it is an upgrade. He stated he
19 will provide the requested landscaping and was willing to provide the City with a cash escrow
20 to guarantee.this.
21 Wagner stated he understood why the tow nhome owners were upset. Mr. Rosar had not kept
22 his word in regard to the promises he made originally. How does anyone know he will keep
23 his word this time.
24 Mr. Rosar noted they don't but what is on the site now is not good. He reiterated that he was
25 told CUB Foods and Knox would be located in Apache. He stated he will provide the
26 landscaping whether the request is granted or not.
27 Mayor Ranallo noted that CUB did locate in Apache and still nothing was done. The City
28 wrote letters to Mr. Rosar in regard to the requirements of the existing conditional use permit
29 and Mr. Rosar did not even respond.
30 Mr. Rosar stated if the request is not granted, he will operate the business as-is, although this
31 does not make sense to him. He will fix the parking lot and meet the aesthetic requirements.
32
33 Marks stated he did not see a hardship in this case.
City Council Regular Meeting Minutes
June 24, 1997
Page 6
1 Mr. Rosar stated his building will be 49 feet from the street. Most cities only require a 50
2 foot setback. He stated he will gladly take one foot off his proposal.
3 Enrooth stated the City had never made any promises in regard to CUB or Knox. They had
4 only discussed what may take place.
5 Mr. Rosar stated the developer, C.G. Rein, had made the promises.
6 Faust noted a condition of the current conditional use permit is that no more than two vehicles
7 can be stored on the site for a period of no more than 72 hours. He stated he has driven by
8 the site many times and seen more than two vehicles. He noted that this past Sunday there
9 was even a boat for sale on the site..
10 Mr. Rosar stated he has also driven by on Sundays and there have been boats and cars for
11 sale on the site. The boats and cars do not belong to him or his employees but belong to
12 residents in the area. The only solution would be to chain the parking lot. He acknowledged
13 that there are some items on the site which he has requested be removed.
14 Wagner noted the original use of the site was for brake and exhaust repair. He asked if the
15 brake repair was being discontinued due to the addition of the oil change and the car wash.
16 Mr. Rosar explained that when he originally purchased the property he owned Fast Glass,
17 Glass Company and the business was to be a combination glass and muffler shop. . He has
18 since sold the glass business due to a change in the industry and therefore looked for another
19 compatible business as it is too costly to run only the exhaust shop. He noted the business
20 has always included brake repair. He has been made aware of a customer complaint in regard
21 to the brake service and is trying_to locate the complaint. He has never told a customer that
22 the business does not perform brake service and neither has any of his current employees.
23 Exhaust Pros is a franchise which currently is in turmoil due to a physical injury of the
24 owner.
25 Mr. Rosar noted the proposed improvements will cost $400,000 and will include a new hip
26 roof around,the entire building with panels.
27 Faust asked if the Planning Commission had seen a site plan or elevation of the proposal.
28 Commissioner Gondorchin indicated this was presented at the concept review and a sketch
29 was included in the Commissioner's packet.
30 Mr. Edward Mattson, 3933 Silver Lake Road, indicated he lives in the townhomes across the
31 street from Exhaust Pros. He stated that all the residents in the townhomes object to the noise
32 emanating from the shop and feel it is more than was expected. The anticipated noise
33 associated with the addition will make the business even more objectional to the residents
34 across the street.
City Council Regular Meeting Minutes
June 24, 1997
Page 7
1 Ms. Eileen Spano, 4009 Silver Lake Road, asked if the improvements could be made without
2 the car wash. She felt the car wash would cause a traffic problem. With CUB located at
3 Apache, the traffic has increased, making it difficult for the townhome owners to cross over
4 Silver Lake Road or to make a left hand turn. She reported people are using their private
5 roadway to turn around and questioned how much more the residents were to be
6 inconvenienced. She asked how late the car wash would be open.
7 Commissioner Gondorchin stated the car wash will be open 24 hours per day as it will be
8 robotically operated.
9 Mr. Rosar stated he would like the business portion of the site to be open for operation on
10 Sunday from 10:00 A.M. to 4:00 P.M.
11 Ms. Spano asked if the car wash would be supervised.
12 Mr. Rosar indicated the car wash.will not be supervised and will be similar to the car wash at
13 the Amoco. The concept is that the husband and wife will come to Apache and the wife will
14 shop while the husband washes the car. He noted there are many car washes located in this
15 confined area and he did not feel this proposal would generate a significant amount of traffic.
16 Marks asked what could be included in the conditional use permit to ensure the landscaping
17 would be done.
18 City Attorney Soth stated that the requirements should be expressly stated, in detail, as
19 conditions of the conditional use permit'. If the conditions are not met, there would not be a
20 conditional use permit and the business could be closed down.
21 Wagner noted the conditions were included in the previous conditional use permit and they
22 were not met.
23 Soth stated the Council needed to be careful how the conditions were numerated and worded
24 to obtain the desired results.
25 Morrison confirmed that if the conditions were not met, the business owner would have to be
26 cited and taken.to court before the business could be shut down.
27 Soth confirmed this was correct.
28 Morrison noted Staff has addressed the non-compliance of the original conditional use permit
29 administratively via letters and visits to the site.
30 Enrooth noted Mr. Rosar had stated at the Planning Commission meeting that there are people
31 interested in purchasing the site.
City Council Regular Meeting Minutes
June 24, 1997
Page 8
1 Mr. Rosar stated he is fielding approximately one inquiry per week for the site. Some of the
2 businesses inquiring are not very good in his opinion. He stated he could sell the site if that
3 is what he is economically forced.to do. CUB is a big generator of business and that is why
4 he originally acquired the site.
5 Motion by Marks, second by Enrooth to approve the 25 foot variance request to the front yard
6 setback requirement for Exhaust Pros, 4000 Silver Lake Road.
7 Marks stated he would not vote in favor of this request as he saw no valid hardship
8 whatsoever.
9 Mayor Ranallo stated he had spoken with Mr. Morgan, 3933 Silver Lake Road and
10 acknowledged receipt of his letter of complaint to the proposal. Mr. Morgan was not able to
11 attend the meeting this evening but stated he is still in opposition to the request.
12 Vote on the motion: Ranallo, Enrooth, Faust, Marks and Wagner voted naye.
13 Motion failed.
14 Marks suggested the City Attorney draft the conditions for approval of the conditional use
15 permit to ensure the City obtain the desired results.
16 Mayor Ranallo questioned if the conditional use permit request was still valid due to the
17 denial of the variance request. The entire layout of the proposal may need to be changed.
18 Soth questioned if the applicant would want to proceed without the car wash.
19 Faust suggested consideration of the conditional use permit be tabled to allow the applicant to
20 make these decisions.
21 Motion by Enrooth, second by Marks to table consideration of the conditional use permit for
22 Exhaust Pros, 4000 Silver Lake Road,.pending if the applicant still-desired the conditional use
23 permit.
24 Motion carried unanimously.
25 Morrison noted Mr. Rosar has offered to present the City with a cash escrow to guarantee the
26 improvements. The Planning Commission was not comfortable as they have not required this
27 in the past.
28 Soth stated this could be a condition of the conditional use permit. He also reiterated if the
29 conditions of the conditional use permit are not met, the business is in violation of the permit.
30
31 2. John and Leisha Ingdal, for 3613 Edward Street; Lot Width Variance.
City Council Regular Meeting Minutes
June 24, 1997
Page 9
1 Commissioner Gondorchin reported a public hearing was held for consideration of a 15 foot
2 lot width variance for 3613 Edward Street. This is a vacant lot which is 60 foot wide. The
3 Ingdals would like to place a single family home on this lot and City Ordinance requires a lot
4 width of 75 feet. A preliminary plan of the proposed home was presented which would
5 require no variances of any kind.
6 The Planning Commission unanimously recommended approval of the lot width variance of
7 15 feet based on the following:
8 1. Strict enforcement would create undue hardship;
9 2. The hardship was not created by the landowner but is unique to the individual;
10 3. This lot could not be put to reasonable use in its current state without the variance;
11 and,
12 4. This variance is within the spirit of the redevelopment of St. Anthony and economic
13 considerations are not the sole criteria.
14 Commissioner Gondorchin reported one resident-spoke in opposition to the variance request.
15 He challenged that if the City Ordinance requires 75 feet, how could the Commission accept
16 60 feet. His intention at that meeting was to challenge the City.
17 Marks noted this is a classic case where a variance is necessitated by a change in the
18 Ordinance.
19 Mayor Ranallo noted that every lot on that street is only 60 feet wide.
20 Faust remarked that the land could not be put to any other good use.
21 Motion by Marks, second by Wagner to approve the 15 foot variance to the lot width
22 requirement for 3613 Edward Street based on the findings of the Planning Commission.
23
24 Motion carried unanimously.
25 3. Roger Ledebuhr, Great Clips, 2902.Silver Lake Road; Sign Variance.
26 Commissioner Gondorchin reported a public hearing was held to consider a sign variance for
27 Great Clips, 2902 Silver Lake Road.
28 The Planning Commission voted unanimously to recommend approval of the sign variance
29 based on the following:
30 1. Granting of the variance will not be detrimental to the public welfare or injurious to
31 other properties in the neighborhood or Village;
32 2. A particular hardship to the applicant would result if strict enforcement of the
33 Ordinance is adhered to; and,
City Council Regular Meeting Minutes
June 24, 1997
Page 10
1 3. The conditions upon which the variance are based are unique to the parcel of land as it
2 is inside the development of a shopping center and does not apply to other properties
3 with the same land use classification.
4 Marks asked what makes this property unique.
5 Commissioner Gondorchin explained Great Clips is barely visible from the street. Their main
6 clientele is "walk-in" traffic. The Commission felt this was an opportunity to provide a small
7 business in St. Anthony with visibility without any inconvenience.
8 Marks asked what Ordinance has caused the hardship in this instance.
9 Commissioner Gondorchin stated the hardship was due to the sight line and the position of the
10 business in the building.
11 Wagner noted this was a decision Great Clips made when they located in this building. They
12 performed a market survey and were aware of the issue then.
13 Faust questioned the difference between the back wall of.Great Clips and the rear side of
14 CUB Foods. He asked what made this unique from other shopping centers.
15 Commissioner Gondorchin stated that he could foresee a pylonr or some type of identification
16 sign for CUB on Stinson Boulevard in the future. The sign may also include other names.
17 He also stated that he thought St. Anthony Shopping Center would be a good candidate for
18 rear wall signage on the area that faces Kenzie Terrace. The Planning Commission did not
19 feel granting of the variance would set an extraordinary precedent.
20 Faust questioned the amount of signage Great Clips currently had on the building.
21 Mr. Roger Ledebuhr, Great Clips stated he had 19 feet of signage.
22 Mr. Gondorchin stated another-reason for granting this variance was that Great Clips did not
23 have two signs as Ames Photo and Video Update have.
24 Wagner noted there is no rear entrance to the business. If this variance was granted, many
25 other businesses, such as the library and St. Anthony Shopping Center, would be requesting
26 the same.
27 Faust noted Great Clips could have a sign on the north wall with Ames Photo. He stated
28 Ames Photo and Video Update are also "walk-in" businesses.
29 Mayor Ranallo noted that previously Dick Horst, owner of Coast to Coast, had requested rear
30 signage and was denied.
City Council Regular Meeting Minutes
June 24, 1997
Page 11
1 Commissioner Gondorchin indicated that whoever occupies this portion of the building will
2 have a problem with signage because of the location in the building. This issue is intensified
3 in this.instance as this is a "walk-in" business. Gondorchin stated he is in favor of the
4 signage on the rear of the stores in St. Anthony Shopping Center as it is a commercial
5 corridor. He felt that signage on the back of the building could be aesthetically pleasing if it
6 was well done.
7 Faust noted that he did not believe condition #3 of the Planning Commission's motion was
8 correct. He stated this property was not unique as there are other properties with the same
9 land use classification with this same desire for signage.
10 Wagner noted a statement in the Staff report which indicated that "if the request...is denied,
11 Great Clips will be hampered in their attempts to create a viable and successful business in
12 the Apache Plaza Shopping Center". He stated the owner should have requested the signage
13 before he purchased the property.
14 Mr. Ledebuhr stated he will still operate in this location and be successful without the
15 variance. The sign would be to his advantage. The uniqueness of the situation is that the
16 business sits up on a hill and is the center tenant in an area where the traffic is either funneled
17 to the north or south of them providing no direct access. A sign in the back of the building
18 would be good for customers and good for Great Clips.
19 Wagner felt the business was easy to see. There is clear vision.
20 Marks stated this should have been brought up earlier in the development of the northern part
21 of Apache Plaza. A consolidated sign system could have been designed for that entrance.
22 Commissioner Gondorchin noted a motion to deny the variance at the Planning Commission
23 meeting failed. The Commissioners"did not feel strongly enough to say no. He stated he did
24 not feel the visibility was that great for this site.
25 Motion by Marks, second by Wagner to deny the sign variance for Roger Ledebuhr, Great
26 Clips, 2902 Silver Lake Road, as it did not meet the conditions of granting a variance.
27 Vote on the motion: Ranallo, Faust, Marks, and Wagner voted aye. Enrooth voted naye.
28 Motion carried.
29 4. Preston Williams, 2805 Pahl Avenue; Garage Setback Variance.
30 Commissioner Gondorchin reported a public hearing had been held to consider a garage
31 setback variance for Preston Williams, 2805 Pahl Avenue. Gondorchin stated he had visited
32 the site and this was a straight garage replacement.
33 The Planning Commission voted unanimously to approve the request for the garage setback
34 variance based on the following:
City Council Regular Meeting Minutes
June 24, 1997
Page 12
1 1. This request is within the spirit of maintenance and improvements which the City has
2 previously followed;
3 2. It will comply with all current building codes and standards;
4 3. The proposed size will be almost exactly the same size as the existing building;
5 4. No one appeared to speak against this request;
6 5. There are no other buildings in close proximity to this building;
7 6. -There will be no change in matters of fire safety; and,
8 7. There appear to be no other degrees of encroachments other than those stated in the
9 request.
10
11 Wagner stated he appreciated the applicant requesting the setback variance before he built the
12 structure. He felt this was a justifiable request.
13 Motion by Marks, second by Enrooth to approve the garage setback variance for Preston
14 Williams, 2805 Pahl Avenue based on the findings of the Planning Commission.
15 Motion carried unanimously.
16 5. Review Letter from Planning Commission.
17 Commissioner Gondorchin noted a letter he had written which was included in the
18 Councilmember's packet. He noted the point of the letter was the feeling that the time was
19 right with the development of Apache Plaza, for the opportunity to change City policy and
20 consider relinquishing the rights or partial rights of on-sale liquor and granting them to a
21 private party. This proposal would be for a dinner establishment which served liquor, not for
22 a bar. This would not impact the City of St. Anthony off-sale liquor operations as it would
23 draw from different demographics. It would attract families and would give an opportunity to
24 people who live in St. Anthony to support an establishment in the City. He suggested a
25 professional make a financial assessment of the area to see if this type of establishment would
26 be feasible in the City.
27 Wagner stated he agreed that it was time for the City to consider this.issue.
28 Faust asked if the Planning Commission or City Manager had received any inquiries from
29 such an establishment.
30 Mayor Ranallo stated that from time to time there have been inquiries. OPUS has always left
31 the door open for establishments such as this. He stated however, he did not believe the
32 residents would vote in favor of a referendum to support split liquor if it would result in the
33 addition of a bar.
34 Commissioner Gondorchin stated he was not in favor of the addition of a bar. He would like
35 a fine dining establishment that served liquor. Possibly there could be some language in the
36 referendum to stipulate this.
City Council Regular Meeting Minutes
June 24, 1997
Page 13
1 Marks stated this was good to know and that the Council could further study the issue in a
2 work session.
3 Faust stated he was glad the Planning Commission was looking into issues such as this.
4 B. Update on the 1997 Street and Utility Project.
5 Bob Moberg, RCM Inc., reported the water main improvements have been installed, the
6 facilities have been tested and passed. Some final disconnections of the old systems were to
7 be completed today. There is still some storm sewer work to be completed on Roosevelt and
8 that was delayed due to the rain today. The intent is to finish that work by the end of this
9 week. The sub-grading has been completed and the contractor anticipates the grading on
10 Roosevelt Street will be completed by July 3. The curb and gutter will be installed after the
11 4th of July weekend and completion of the project is anticipated by mid July. There have
12 been some minimal complaints from residents and the contractor has responded and resolved
13 the issues very quickly.
14
15 C. Councilmembers.
16 Enrooth reported VillageFest continues to look at other items to include in this event. One
17 consideration is a tethered hot air balloon.
18 Enrooth also complimented the brochure of the City of Salo, Finland.
19 The Council then gave a round of applause to the Committee and George Marks for the
20 wonderful work they had done to put together the visit of the Fire Brigade Band from Salo,
21 Finland.
22 Marks thanked all the volunteers who had helped with,the event from the planning stage to
23 the transportation. The highlight of the visit was the flag raising ceremony and concert on
24 Thursday. The playing of Finlandia by the combined group was wonderful.
25 Marks noted this trip has provided insights for the upcoming visit of the other band next
.26 April. This fall the Committee will begin the teacher exchange program and will begin
27 promotion of a trip for the St. Anthony Orchestra and some of City Staff.
28 Marks distributed a copy of the new symbol for the St. Anthony High School which included
29 the American and Finnish flag. This design was created by a student by the name of
30 Brehmer.
31 Marks also distributed his suggestions for the Park ad hoc Committee to be discussed further
32 at a work session.
33 Mayor Ranallo noted that according to both band leaders, the acoustics in the great hall of the
34 City Hall were fantastic during the concert.
City Council Regular Meeting Minutes
June 24, 1997
Page 14
1 Faust reported he and George Wagner had attended the League of Minnesota Cities
2 conference in St. Cloud. He had spoken with the Park Director for St. Cloud and he had
3 suggested the City think of a place for skateboarding in the design of the park system. Faust
4 also noted there are innovative yet inexpensive computer generated GIS systems available that
5 may be useful to the City.
6 Faust reported he had spoken with Sergeant Tom Minkensie of Edina, regarding mounted bike
7 patrol. He has provided a document and start up information for the St. Anthony Police Chief
8 to look at. Sgt. Minkensie stated that the bike patrol even stops vehicles and issues citations.
9 The bike patrol has been very successful in Edina in the summer.
10 Faust recommended that next summer the City hire an intern to interview and collect
11 historical data on the City of St. Anthony, as the City is 51 years old and this information
12 may be lost over time.
13 Wagner reported his attendance at the League of Minnesota Cities conference in St. Cloud.
14 He attended a session on Legislative Updates and was informed that new levy limits do not
15 have to be met the first year but do need to include the full amount in the second year.
16 Wagner reported he attended a session on the City's Role on Youth Development. Three
17 youths were in attendance. One youth was a voting member on a Waste Management
18 Committee in the city where he lived. One youth was a non-voting member on a Planning
19 Commission. All three youths expressed that they would like to have more city interaction
20 with the school and youth. They also noted in planning parks that not all students want to be
21 on the school teams but they still want to carry on activities. They all recommended a zero
22 tolerance for drugs and guns. The youth encouraged adults to let kids help do things and
23 provide a place for kids to hang out that is monitored. They also suggested a teen court.
24 Wagner reported he attended a session in regard to cities with municipal liquor. It was
25 suggested that promotion of the liquor operation include where the liquor profits go. He
26 suggested St. Anthony could put some of their profits toward the parks. They also
27 recommended an inventory turnover of seven to nine times per year.
28 Wagner reported attendance at a session on public and private partners. The topic was the
29 city working with corporations to redevelop an area outside of town.
30 Wagner reported his attendance at a session regarding the Council's role in working with
31 advisory groups. It was suggested that the Council meet with the Planning Commission at
32 least once per year and also to maintain contact with other advisory groups. They suggested a
33 goal and mission statement that is clearly stated be developed before a committee is opened.
34 There should also be a closing date for committees. The solicitation of members of
35 committees should include people who are committed to do a good job for the community,
36 have the ability to communicate, are willing to let others participate and there should be two
37 representations (male and female). A schedule for the committees should be developed and
38 maintained.
City Council Regular Meeting Minutes
June 24, 1997
Page 15
1 Mayor Ranallo noted that in regard to the Historical Society, Kim Johnson and Judy
2 Makowske have gathered a lot of information but this job cannot be left up to volunteers.
3 Enrooth suggested this material be gathered and someone from the City Council should
4 maintain it until someone is committed to this specific purpose.
5 Mayor Ranallo noted the City does have funds for purchase of a bike for use with a bike
6 patrol.
7 Mayor Ranallo asked that item X.A. Resolution 97-036 be considered now.
8
9 X. UNFINISHED BUSINESS.
10 A. Resolution 97-036, Re: Award Bid for Construction of SAV 2 Liquor Store.
11 Morrison referred to a financial summary for the construction of SAV 2 Liquor Store which
12 was included in the Councilmember's packet. The bond issue was originally $800,000 but
13 has been increased to $900,000. This includes the base bid of$634,800; Addendum #2 in the
14 amount of$2,500, Electrical in the amount of$9,000, Alternate #1 - roof in the amount of
15 $39,800, upgraded roof in the amount of$37,000, additional equipment in the amount of
16 $60,300, architect/legal in the amount of $50,000 and contingency in the amount of$66,600.
17 Morrison noted the amount stated in the resolution should be changed to include the first five
18 items listed on the financial summary.
19 Morrison noted the tank has been removed from the site and the site has been tested. All the
20 results of contamination are negative. The proposed closing date is Friday, June 27 at the
21 Briggs and Morgan Office. Morrison recommended approval of the resolution with the cost
22 number contingent upon closing. Once the agreement has been closed, Bob Thistle will start
23 negotiation of the sale of the bond. He will bring the results for Council consideration on
24 July 8 or 22.
25 Soth recommended two changes to the resolution. In the paragraph, "Now, therefore" after
26 the word "construction" add "and authorize execution of the contract". In the same paragraph
27 after the base bid amount add "conditioned upon closing the purchase of the property to
28 which the contract applies".
29 Tom Gerster, representing KKE Architects, suggested all the costs be included in the initial
30 contract except the costs for additional equipment and architect/legal. This will eliminate the
31 necessity of change orders. He noted the $634,800 base bid includes a performance bond.
32 Soth suggested it be made clear in the contract that there is an absolute requirement that there
33 is a payment performance bond.
34 Morrison reported that First Bank will not be paying half of the electrical fees but will instead
35 provide a $1,250 reduction in rent on the existing lease starting in June. This will be an
36 additional savings of$6,250.
City Council Regular Meeting Minutes
June 24, 1997
Page 16
1 Mornson reported a pre-construction conference is scheduled for July 7 with the owner of
2 Tires Plus, the contractor, sub-contractors and KKE Architects. A 16 week construction
3 period is anticipated.
4 Motion by Marks, second by Enrooth to approve Resolution 97-036, awarding the bid for
5 construction of SAV 2, a Municipal Off Sale Liquor Store to Lund-Martin Construction,
6 including the changes as stated by City Attorney Soth in the third paragraph, in the amount of
7 $723,100.
8 Motion carried unanimously.
9 D. Mayor.
10 1. Invitation from Senator John Marty and Representative Mary Jo McGuire, re: A
11 Meeting Regarding 1997 Legislative Issues Affecting Local Governments.
12 Mayor Ranallo noted an invitation to a meeting to discuss the 1997 legislative issues and
13 issues affecting local governments to be held at the State Capitol at 6:30 P.M. on July 9th in
14 Room 107. He urged any available Councilmembers to attend.
15 Mayor Ranallo asked who had the design for the City flag. Marks stated he had the design
16 and would make a final decision and pass it on the next Councilmember.
17 Mayor Ranallo reported he has received several calls in the past couple days regarding
18 vandalism in the parks. He also received a call that the wading pool was not open due to
19 vandalism. He suggested some type of park patrol may need to be initiated with the park
20 plan. Mayor asked parents who are at the parks to become more pro-active in stopping
21 vandalism when they see it happening.
22 E. City Manager.
23 Mornson noted a memo from the Public Works Director that stated the wading pool is over
24 30 years old and needs to be replaced.
25 Mornson reported the deadline-.for application to the Parks Task Force is Wednesday, June 25.
26 As of today, six at-large-residents have applied. If more than six applications are received,
27 the names will be brought before the Council for consideration at the July 8' Council meeting.
28 Kathy Wolff has been appointed as the Schoolboard representative, Kathy Knapp will
29 represent Community Services, and Jim Gondorchin will represent the Planning Commission.
30 A Councilmember and a Sports Booster member have not yet been appointed.
31 The first meeting of the Park Committee will be held on July 21, with monthly meetings on
32 the third Monday of the month. Bob Kost has provided an estimated cost of$960.00 to
33 facilitate six meetings. After further consideration, it was determined that Mr. Kost may not
34 only be needed to facilitate meetings but also to draft another park plan. Therefore, Mr. Kost
35 has proposed services at a rate not to exceed $2,500. Mornson stated he will provide a full
36 report at the July 21 meeting.
City Council Regular Meeting Minutes
June 24, 1997
Page 17
1 Morrison reported his attendance at the League of Minnesota Cities conference in St. Cloud.
2 He stated he spent a lot of time in the exhibit area getting information in regard to parks and
3 computers. He noted Finance Director, Management Assistant and himself will be meeting
4 with John See to discuss a City web page. They will also be asking him to analyze the
5 existing computer system and make recommendations for upgrades.
6 Morrison reported he and the Police Chief will be attending a MTRS meeting on July 11 to
7 update the affirmative action goals. Morrison reported there is one officer position vacant on
8 the Police Force and it is believed that another officer will be taking a position with the St.
9 Paul Police Department. The City will then begin testing through a testing agency.
10 Morrison reported there is an AMM breakfast meeting on Tuesday, July 8, and all
11 Councilmembers are welcome to attend.
12 Morrison reminded there is no work session scheduled for July 1. There will however, be a
13 Staff meeting on July 7 and Council regular meeting on July 8.
14 Morrison noted the memo from the Public Works Director in regard to sidewalk repair on St.
15 Anthony Boulevard, in response to a resident complaint. Morrison asked what position
16 previously has been taken by the Council in regard to sidewalk repair.
17 Enrooth noted that on St. Anthony Boulevard, the sidewalks were done at the same time as
18 the street. If the residents wanted their sidewalk done and it was necessary, the work was
19 completed at the cost of the resident.
20 Morrison noted two people have tripped on the sidewalk and the sidewalks are in need of
21 repair. The Public Works Director has recommended that the unsafe conditions be protected
22 with asphalt and plans and specifications for a bid be prepared at the same time that 33rd
23 Avenue is done. Morrison questioned if the assessments for sidewalks are handled in the
24 same manner as street improvements.
25 Mayor Ranallo noted that previously residents have been assessed for 100% of the sidewalk
26 costs.
27 Morrison stated he would check the sidewalk policy for assessment and report back to
28 Council.
29 VIII. PUBLIC HEARINGS - None.
30 IX. NEW BUSINESS.
31 A. Approval of Certification of Local Performance Measures.
32 Motion by Marks, second by Faust to approve the Certification for Local Performance
33 Measures for Local Performance Aid Payables in' 1998.
34 Motion carried unanimously.
City Council Regular Meeting Minutes
June 24, 1997
.Page 18
1
2 X. UNFINISHED BUSINESS - continued.
3 B. Ordinance 1997-004, re: Mayor and Councilmembers' Salaries ( 2nd Reading l
4 Motion by Marks, second by Wagner to accept the 2nd reading of Ordinance 1997-004,
5, relating to Mayor and Councilmembers salaries; amending Chapter 2, Section 200.12, Subds.
6 1 and 2 of the 1993 St. Anthony Code of Ordinances.
7 Motion carried unanimously.
8 XI. ADJOURNMENT.
9 Motion by Marks, second by Enrooth to adjourn the meeting at 9:23 P.M.
10 Mornson questioned if the Council would like to recommend a ban on watering and if this
11 had been done in previous years.
12 Enrooth questioned what constitutes the necessity of placing a ban on watering.
13 Faust suggested a policy should be put in place to establish when a watering ban should
14 automatically nto lace.
Yg o P
15 Vote on the motion: Ranallo, Enrooth, Faust, Marks, and Wagner voted aye.
16 Motion carried unanimously.
17 Respectfully submitted,
18 Lorri Kopischke
19 Timesaver Off Site Secretarial.
20 _
21
22 Mayor
23 ATTEST:
24 City Clerk