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HomeMy WebLinkAboutPL PACKET 08191997 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101475. Box: 20 Folder: PL PACKETS 1997 Document: PL PACKET 08191997 CITY OF ST.. ANTHONY PLANNING COMMISSION AGENDA AUGUST 19, 1997 7:00 PM COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF AUGUST 19, 1997 PLANNING COMMISSION AGENDA. IV. APPROVAL OF JULY 17, 1997 PLANNING COMMISSION MINUTES. V. PUBLIC HEARING. 1: 97-08 -- RICK LORENZ, 3821 Foss RD., SIDEYARD SETBACK VARIANCE REQUEST. VI. CONCEPT REVIEW. 1. ST. CHARLES BORROMEO CHURCH -- PROPOSED CONSTRUCTION OF A GATHERING PLACE. VII. . OTHER BUSINESS. _ 1. PROPOSED AMENDMENT TO SIGN ORDINANCE FOR PROFESSIONAL BUILDINGS. 2. COMPREHENSIVE PLAN UPDATE. VIII. COMMENTS. IX. ADJOURNMENT. 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 3 JULY 1.5, 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 7:07 P.M. 7 11. ROLL CALL. 8 Commissioners present: Chair Bergstrom; Commissioners Delmonico, Franzese, 9 Gondorchin, Horst, Makowske (arrived at 7:09 P.M.), and 10 Thompson. 1.1 Commissioners absent: None. 12 Also present: Kim Moore-Sykes, Management Assistant and Michael Mornson, 13 City Manager. 14 III. APPROVAL OF JULY 15, 1997 PLANNING COMMISSION AGENDA. 15 Motion by Thompson, seconded by Franzese, to approve the Planning Commission Agenda 16 for July 15, 1997 as presented. 17 Motion carried unanimously. 18 Commissioner Makowske arrived at 7:09 P.M. 19 IV. APPROVAL OF THE JUNE 17, 1997 PLANNING COMMISSION MEETING 20 MINUTES. 21 Motion by Makowske, seconded by Franzese, to approve the June 17, 1997 Planning 22 Commission Meeting minutes with the following changes: 23 Page 1, Line 22: Replace "Radman" with "Madden"; 24 Page 3, Line 24: Replace "apologized to Mr. Rosar for the deceptions he had faced" with 25 "felt badly that Mr. Rosar felt he had been deceived."; 26 Page 4, Line 25: Replace "Spanno" with "Spano"; 27 Page 5, Line 3: Replace "Spanno" with "Spano"; 28 Page 6, Line 17: Staff was asked to check if Sunday hours, of operation from 10:00 A.M. 29 to 4:00 P.M. was to be included in Condition #2. 30 Page 7, Line 5: Replace "City had not enforced the conditions of the conditional use 31 permit" with "conditions of the conditional use permit had not been 32 enforced". 33 Motion carried unanimously. 34 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE FOR JULY 22, 1997 35 COUNCIL MEETING. 36 Commissioner Horst was appointed as the Planning Commission representative for the 37 Tuesday, July 22, 1997, City Council meeting. t Planning Commission Regular Meeting Minutes July 15, 1997 Page 2 1 VI. PUBLIC HEARINGS. 2 1. 97-05, John Trautz, Freedom Gas Station, Lot 4 Apache Plaza - Conditional Use 3 Permit and Rear Yard Setback Variance Request. 4 Chair Bergstrom opened the public hearing at 7:12 P.M. 5 Ms. Moore-Sykes reported Mr. John Trautz, representing Reliance Development Company, 6 has submitted two applications, one for a conditional use permit and one for a 12 foot rear 7 yard setback variance, to the City for a proposed gas station and car wash on Lot 4, Block 1, 8 Apache Plaza. This location is between the Tires Plus building and the new Video Update 9 building and is part of the redevelopment plan for the Apache Plaza Shopping Center. 10 Minnesota Statutes and City Ordinances require that certain conditions be satisfied before a 11 conditional use permit may be granted. The first condition stipulates that the proposed use is 12 one which is specifically listed for the zoning district where the use will be located. The 13 proposed gas station and car wash are permitted uses for this Commercial District according 14 to the City's Zoning Code, Section 1635.05, Permitted Conditional Uses, (f) car washes and 15 (g) gasoline stations. 16 The next condition required in order to obtain a permit is that the proposed use will not be 17 detrimental to the health, safety, or general welfare of the persons residing or working in the 18 vicinity. Mr. Trautz stated in a written response that the operator runs over 55 stores in four 19 states and that it is a "high quality" operation. The building will be constructed to provide a 20 state-of-the-art fuel handling facility. 21 Finally, the last requirement that needs to be satisfied is for the proposed use to be considered 22 necessary or desirable at the above location to provide a service or a facility which is in the 23 interest of public convenience and will contribute to the general welfare of the neighborhood 24 community. Mr. Trautz states that the proposed development is designed to be convenient 25 and easy to use by the general public. The proximity of the proposed gas station/convenience 26 store/car wash to the current and proposed retail businesses makes it very accessible and 27 convenient to the Apache Plaza patrons and traffic on Silver Lake Road. 28 Other conditions that the Planning Commission and City Council may consider would be with 29 regard to lighting, landscaping, business hours, and signage. 30 Ms. Moore-Sykes noted the request for the 12 foot rear yard setback variance which was 31 initially requested by Mr. Trautz was determined not to be necessary by Staff and City 32 Attorney due to a change in the City's Ordinance 1635.05 with the addition of a new 33 Subdivision 8, and amending Section 1400.04, Subdivision 27, as adopted on February 25, 34 1997 and published on March 5, 1997. 35 Subdivision 8 states, "The minimum yards set forth in this Section 1635.05 will not apply to 36 any lot line of a lot in a shopping center if(I) the lot line adjoins either another lot within the 37 shopping center or a driveway or parking area within the shopping center, and (ii) the Council 38 has approved a site plan for a building to be constructed on the lot with a different setback Planning Commission Regular Meeting Minutes July 15, 1997 Page 3 1 from such lot line. In such cases, the setback approved by the Council shall apply so long as 2 the building exists on the lot." 3 "For purposes of this subdivision, a "shopping center" means any group of four or more retail 4 or service establishments totaling a minimum floor area of 75.000 square feet, on one or more 5 contiguous tracts of land in single ownership; or in multiple ownership but subject to a 6 reciprocal easement agreement governing common access and parking." 7 Ms. Moore-Sykes stated the situation in the City Ordinance, Section 1635.05 exists for 8 Apache Plaza and Mr. Trautz and he has requested that the request for the variance be 9 withdrawn. Ms. Moore-Sykes recommended the Planning Commission review the site plan 10 and make a recommendation to the City Council. 11 Mr. John Trautz, applicant, introduced Paul Struther, the architect, and Rick Rico, Erickson 12 Oil Company, operator of the facility. 13 Mr. Paul Struther, architect, displayed overheads of the proposed site plan. He explained the 14 site plan will realign the current sachet, maintain the drive aisle to Tires Plus, utilize 39th 15 Avenue as the primary access, and Silver Lake Road for access as well. An important 16 element of the site is the restriction on sight lines which precluded any development on the 17 north portion of the site. This provided an opportunity for green space and signage at the 18 north end. Mr. Struther noted one change since the proposed plan was submitted is the 19 addition of a retaining wall along Silver Lake Road. The nearest store is located in the City 20 of Fridley and is almost identical to the one being proposed. 21 Commissioner Franzese asked if the sachet which was referred to was two lanes. 22 Mr. Struther explained the site currently has parking islands which were part of the old 23 Apache Plaza layout. The proposal will remove the drive islands and straighten the lane out 24 to allow two way travel. 25 Commissioner Gondorchin expressed concern for emergency vehicle access near the pumps at 26 the end of the car wash while cars were parked in the available stalls. He stated he would 27 like this inspected by the Fire Chief. 28 Commissioner Horst asked if a canopy was proposed above the gas pumps and if it would 29 affect the sight line. 30 Mr. Struther stated a canopy is proposed. The end of the canopy is lined up on the edge of 31 the sight line and the rest of the project is located to the south. The proposal utilized the 32 same distances as the store in Fridley because the distances worked well there. 33 Chair Bergstrom asked what type of signage was proposed. 1 r Planning Commission Regular Meeting Minutes July 15, 1997 Page 4 1 Mr. Struther stated the signage will be addressed under a separate application. It will include 2 a ground sign identifying the store and the fuel prices with a brick tier on either side. There 3 will be signage on the fascia of the canopy and the building. The signs will be lit. The 4 canopy will include unpainted fascia with a six foot oval shaped Conoco sign. 5 Chair Bergstrom questioned the hours of operation of the facility. 6 Mr. Rico, operator of the facility, stated the hours of operation have not yet been determined. 7 50% of the metro stores are open 24 hours and 50% are open 17 hours. It will depend on 8 economics. 9 Chair Bergstrom asked if a landscape plan had been submitted. 10 Mr. Struther stated it had been.submitted with the application. 11 Commissioner Thompson asked if the property had been purchased. 12 Mr. Trautz stated it was under option. 13 Chair Bergstrom noted that in the past signage on canopies has not been allowed in the City 14 of St. Anthony. 15 Commissioner Horst noted that a condition of the conditional use permit was that the use will 16 contribute to the betterment of the community. He noted there were many gas stations and 17 car washes in the area and questioned what was unique about this proposal that would add to 18 the retail in this area. 19 Mr. Rico stated a feasibility study had been performed and the results were very good. He 20 stated he felt the store was unique and would be viable in this location. 21 Commissioner Franzese stated that she had no doubt that the operation would be successful as 22 a commercial business. She noted however that the community had been hoping to have a 23 family restaurant locate on this site and is very disappointed that it will now be the location of 24 a gas station. 25 Mr. Rico stated that this site would not be well suited for a family restaurant as there is not 26 enough traffic for a restaurant to be successful. 27 Chair Bergstrom closed the public hearing at 7:34 P.M. 28 Commissioner Makowske noted this site did not face a residential area. As there was no 29 conflict between zoning, he did not know if hours of operation would be of concern. He 30 stated he would like the approval of the Fire Chief in regard to emergency vehicle access as a 31 condition of approval or a prerequisite to building. Planning Commission Regular Meeting Minutes July 15, 1997 Page 5 1 Chair Bergstrom noted the Amoco Station was in the same situation and was allowed 24 hour 2 operation. It would not be right to allow one business 24 operation and not allow another the 3 same. 4 Commissioner Horst stated he agreed. 5 Commissioner Makowske stated he would also like a condition of approval or prerequisite to 6 building that the site be in conformance with regulations for drainage of hazardous chemicals. 7 Mr. Struther displayed and explained the landscape plan. The Plan included a collection of 8 shrubbery plantings on 39th Avenue with deciduous trees planted on the islands between the 9 site and Apache Plaza. Shrubs will be planted near the building and ornamental plantings are 10 included along the building. The balance of the green area will be lawn. 11 Commissioner Gondorchin stated he would vote against the conditional use permit as he did 12 not believe this would be a good addition to Apache Plaza. He noted the residents are 13 concerned with 24 hour operations in this area and this has the potential to become a 24 hour. 14 operation. 15 Motion by Bergstrom, seconded by Horst, to recommend approval of the conditional use 16 permit for operation of a Gas/Convenience Store with Car Wash for Reliance Development 17 Company, L.L.P. on Lot 4, Block 1, Apache Plaza as it meets the following conditions of the 18 conditional use permit: 19 1. The proposed use is one which is specifically listed for the zoning district where the 20 use will be located; 21 2. The proposed use will not be detrimental to the health, safety, or general welfare of 22 the persons residing or working in the vicinity; 23 3. The proposed use is desirable at the above location to provide a service and is in the 24 interest of public convenience and will contribute to the general welfare of the 25 neighborhood community; 26 Subject to the following conditions: 27 1. The proposed layout will be done in accordance with the drawings submitted to the 28 City as part of the approval; 29 2. The proposed layout be subject to approval of the Fire Chief for movement and access 30 of emergency vehicles; 31 3. Petroleum storage and drainage requirements conformity with local and state 32 requirement's. 33 Commissioner Franzese suggested addition of Condition #4, "No one present spoke against 34 the request". 35 Chair Bergstrom and Commissioner Horst accepted the amendment to the motion. 1 f Planning Commission Regular Meeting Minutes July 15, 1997 Page 6 1 Vote on the motion: Bergstrom, Delmonico, Franzese, Horst, and Makowske voted aye. 2 Gondorchin and Thompson voted naye. 3 Motion carried. 4 Chair Bergstrom noted this request will be considered by the City Council at their meeting on 5 July 22, 1997. 6 VII. OTHER BUSINESS. 7 1. Review of Draft Comprehensive Plan Update. 8 Chair Bergstrom thanked the members of the Task Force for being present. He stated that he 9 had observed a lot of detail and ideas from discussions at meetings in the Draft Plan was 10 quite pleased with the content. 11 Mr. Bill Weber, BRW, Inc., explained the Draft Plan included Introduction and Goals, 12 Community Profile, Land Use and Urban Design, Transportation Plan, Housing Plan, Park 13 and. Recreation Plan, Public Facilities Plan, and Implementation Program. He noted the 14 Appendix items were not included in the Draft Plan which was submitted this evening. 15 Mr. Weber explained that at the start of the Comprehensive Plan Update process, the City 16 stated it considered itself a "village" and that has been the driving force behind the 17 Comprehensive Plan. The town square is made up of Central Park and the civic element in 18 the middle of the City. There is an identifying main street and two or three identifying 19 crossroads. There is a commercial center on the north and south ends of town and there are 20 five or six very fine residential neighborhoods surrounding the core of the City. 21 There are opportunities to enhance this image with landscaping and other improvements on 22 Silver Lake Road, especially with the rebuilding of the bridge; opportunities for enhancements 23 by private entities with the redevelopment of Apache Plaza; opportunities for continued 24 enhancement in the Kenzie Terrace area as the City continues to acquire land in that area; and 25 the entrances and exits to the City can be marked clearly with defined landscaping. Another 26 possible improvement would be providing bike lanes and signage and tieing into the regional 27 bike parkways on St. Anthony Boulevard and possibly Stinson Boulevard. 28 Transportation improvements would occur primarily on Silver Lake Road with the possibility 29 of the addition of left turn lanes and enhanced appearance. Another possibility is replacement 30 of the stop sign at 29th Avenue NE with a small traffic circle. 31 Suzanne Rhees, BRW, Inc., noted there is a lot of interest in the City to improve and expand 32 the park system. There has been the creation of a Parks Advisory Task Force which is 33 investigating options for redesign of Central Park. Improvements could be made to the play 34 equipment at Silver Point Park and Emerald Park. Another-possible concept would be to 35 relocate the City's Public Works site and redevelop that property as a neighborhood park. Planning Commission Regular Meeting Minutes July 15, 1997 Page 7 1 Mr. Weber explained that moving the Public Works site and replacing it with a park would 2 solidify and stabilize the neighborhood south of the railroad tracks. There is currently an 3 uneasy mixture of residential and industrial in that area. He suggested the area move toward 4 the direction of residential as it is not a long-term strong industrial area. 5 Mr. Weber stated that monitoring of the St. Anthony Shopping Center should be included in 6 the Plan Update. He suggested the use of this site possibly should be changed over the next 7 decade. 8 City Manager Morrison clarified that a Parks Task Force is being developed, and that the 9 agencies currently running the park system will continue to do so. He also noted that while 10 moving the Public Works site does have merit, there is industry that is anxious to expand in 11 that area. 12 George Wagner, Task Force Member, suggested that the spelling of St. Anthony be kept 13 consistent with either "St." or "Saint". 14 Mornson noted that at the beginning of the Comprehensive Plan Update process, one of the 15 recommendations was potential suggestions of verbiage change to the ordinance. He noted 16 there were no changes recommended and asked if this meant there were no conflicts 17 discovered. 18 Ms. Rhees stated that detailed changes to the zoning ordinance text may not come up in a 19 Comprehensive Plan review. If there are future land use changes, they will result in changes 20 to the zoning map but this will depend on market forces and time. 21 It was noted that traffic circles require a lot of land. 22 Mr. Weber stated 29th Avenue was a broad intersection. He was not certain if any private 23 land would need to be acquired but if any was needed it would be a minimal amount. 24 Ms. Rhees explained the new design of traffic circles is smaller and designed more for use on 25 a local street. 26 Jerry Faust, Task Force Member, asked how a traffic circle would enhance traffic flow. 27 Ms. Rhees stated traffic circles are designed to keep traffic moving at a reasonable speed. 28 Traffic circles and neck-downs at corners slow traffic but traffic flows through more readily 29 than by use of a stop sign or traffic signal. 30 Chair Bergstrom stated he had spoken with a traffic engineer who drives 29th Avenue 31 everyday, and he stated that a traffic circle, with the proper design, in this area could control 32 the volume of traffic in the area even better than a traffic signal. The engineer stated he felt 33 that at that intersection a significant area of land would have to be removed to install a traffic Planning Commission Regular Meeting Minutes July 15, 1997 Page 8 1 circle but that it would have to be measured to be certain. He felt a traffic circle was a nice 2 idea for that intersection. 3 Mr. Faust questioned the location of the gateway site to the north and Chair Bergstrom 4 questioned placement at the south. 5 Ms. Rhees explained that the northern gateway site was in this location because this was the 6 first area where the City of St. Anthony was on both sides of the street. The southern 7 gateway site was located in its position as you came over the hill and the City was below. 8 Smaller gateway signs could be located at the true boundaries of the City. 9 Commissioner Horst stated he liked the idea of relocating the Public Works site but was 10 concerned with the elimination of industry. He questioned if BRW had accounted for the loss 11 of industry and the effect on the tax base. 12 Mr. Weber noted the only land use.change would occur on two small parcels and would result 13 in a minor impact to the tax base. 14 Ms. Rhees noted that the neighborhood in question is comprised largely of multi-family 15 housing with no play area in the yard. The children have to cross the railroad tracks or a 16 dangerous street to access play equipment. Conversion of the Public Works site to play 17 equipment would give the neighborhood a center and an amenity of their own. 18 Commissioner Horst questioned the suggested change to the St. Anthony Shopping Center 19 area. He felt that monitoring the area would not leave much room for future redevelopment. 20 Mr. Weber stated he was not suggesting the City hasten to change this area. He was only 21 suggesting the City monitor the area and see what may happen through private sources and be 22 prepared to respond. If the area becomes less commercially viable the City will then be 23 prepared. 24 Ms. Rhees suggested the area may be appropriate for mixed uses. 25 Chair Bergstrom questioned the Metropolitan Council's statistics in terms of employment, etc. 26 He noted that the City of St. Anthony already meets or exceeds some of the Metropolitan 27 Council's criteria in terms of the Livable Communities Act. 28 Mr. Weber explained the Metropolitan Council's latest Regional Plan published goals for 29 population and employment in each city. Some of the goals are policy driven. The numbers 30 for household and employment for St. Anthony appear to be a little higher than the City can 31 provide. The only minor opportunity is for an increase in employment. BRW has submitted 32 more information to the Metropolitan Council staff explaining that the goals are too high and 33 asking them to adjust their expectations. Planning Commission Regular Meeting Minutes July 15, 1997 Page 9 1 Chair Bergstrom asked if specific language needed to be incorporated into the Comprehensive 2 Plan Update to state the intentions of St. Anthony. He stated the current language appeared to 3 be fairly equivocal. 4. Ms. Rhees agreed that the language may need to be more definitive to express that St. 5 Anthony does not support the projections of the Metropolitan Council. 6 7 Commissioner Gondorchin stated the prospect of redesigning the southern area of the City to 8 include a combination of residential and commercial was attractive and desirable. He did not 9 believe that the gateways to the City had to be located exactly on the City boundaries. He 10 noted the industrial area on the southeast end of the City and asked if there were any changes 11 proposed for that area. He noted the area lacked identification. 12 Mr. Weber stated that area was stable and functioning well. He agreed that it is confusing 13 where City boundaries occur in that area. 14 When asked if a walking path was included in the redesign of Central Park. Mr. Wagner 15 responded that a walking path is on the agenda of the-Parks Task Force. -= 16 Mr. Weber stated he would present the Draft Plan to the City Council on July 22 with the 17 hope that the City Council will grant preliminary approval. The Draft Plan will then be 18 submitted to the Metropolitan Council for approval within 60 days. A Public Hearing will 19 then be held and the City Council will adopt the Comprehensive Plan Update. 20 Chair Bergstrom thanked Task Force members for all their efforts. 21 Commissioner Franzese asked when the appendix would be available. 22 Ms. Rhees stated the appendix would be mailed to the City Council within 3-4 weeks. 23 24 2. Amendment to the Zoning Ordinance re: Professional/Medical Buildings - Definition 25 and Allowable Uses, Si nage. 26 Ms. Moore-Sykes reported two proposed revisions to the City's Zoning Ordinance regarding 27 professional and medical buildings had been forwarded to City Attorney on June 25, 1997. 28 This issue came as a result of the Wirth Companies request to allow medical laboratories in 29 the Apache Medical building. The Ordinance states that labs are only allowed in the Light 30 Industrial Zoning District; the Apache Medical building is in the Commercial District. 31 Shortly after that request, the City received a request from the Wirth Companies to put several 32 wall signs on the south side of the building. Their attorney, Doug Berg, has drafted a sign 33 plan and a proposed sign ordinance for professional and medical buildings. 34 The current Ordinance has no definition or listed use for medical/professional buildings. 35 Several communities have addressed this situation as a permitted conditional use or an 36 allowed use in an industrial area. Planning Commission Regular Meeting Minutes July 15, 1997 Page 10 1 Staff has provided three possible amendments to the City's Zoning Ordinance, Commercial 2 Zoning District regarding uses allowable in Medical/Professional buildings: 3 Section 1635.01 Purpose. Add: 'It shall be the policy of the City Council to consider other 4 uses not listed in this section. Such other uses may be granted if, in the opinion of the City 5 Council, such use is not incompatible with other uses in this district. 6 Section 1635.02 Permitted Use., (eee) add: and medical laboratories that provide testing and 7 research services to health care professionals. 8 Section 1635.03 Permitted Conditional Uses., (u) Laboratories for medial research and testing 9 (except research and testing which use animals), that provide services to health care 10 providers., and (v) Computer research and program development. 11 City Attorney has suggested that the City consider the amendment to Section 1635.03, that 12 medical laboratories be included as a permitted condition use rather than a permitted use. 13 This would give the Planning Commission and City Council greater control over such uses.as 14 to any future medical laboratories in the commercial district, and would enable them to 15 impose conditions if necessary. City Attorney is also in favor of the comprehensive sign 16 package submitted by Doug Berg, attorney for Wirth Companies. 17 On behalf of the Planning Commission, Chair Bergstrom recommended City Council approval 18 to change the City Zoning Ordinance Section 1635.03 to that language indicated in Kim 19 Moore-Sykes memo of June 17, 1997. 20 Chair Bergstrom then asked the Commission how they would like to address signage for a 21 medical/professional building with multi-floors. He suggested a new category be created to 22 define multi-story buildings to allow them to be eligible for a comprehensive sign package. 23 There was Commission consensus to direct Staff to create a new category to define 24 commercial/retail/office buildings to allow them to be eligible for a comprehensive sign 25 package. 26 Ms. Moore-Sykes stated she would draft such a change and submit it to City Attorney for 27 recommendation. 28 The Manager of the Apache Medical Building noted the types of businesses in the building 29 included medical, retail, laboratory facilities, professional, insurance, and financial. He also 30 stated that Wirth Companies also owns the St. Anthony Business Center. 31 Ms. Kim Flynn, Quiet Waters Salon, displayed the design of her proposed sign and noted it 32 was slightly different than the sign she had presented at the May 20 Commission meeting. Planning Commission Regular Meeting Minutes July 15, 1997 Page 11 1 There was Commission consensus that the individual signs included in the comprehensive sign 2 package must be consistent in height, length and whether lit or not lit. The fonts do not need 3 to be consistent as long as the sign fits within the designated area. 4 Ms. Moore-Sykes noted the letter of City Attorney dated July 15 which included his suggested 5 revisions to the sign ordinances regarding ground signs in residential districts. He suggested 6 paragraph (1) of Section 1400.12, Subd. 1 be amended to make it clear that the sign may 7 identify only the resident, not the resident's business. He also suggested other changes that 8 are simply clarifications and changes to make the language consistent with the rest of the 9 ordinances. He suggested the following: 10 1400.10 Ground Signs. Are permitted in all districts but only to the extent permitted in this 11 Section and in the District Schedules set forth in Section 1400.12. 12 1400.12, Subd 1.(1) is amended to read as follows: R-1, R-lA and R-2. One sign per 13 dwelling unit per right-of-way frontage stating the street address, which may also include the 14 name of the resident. Additionally, one address sign may be located on the curb in front of 15 each dwelling unit or on a freestanding mailbox. 16 1400.12, Subd.1 (4) add: Each of the following may erect and maintain one ground sign 17 subject to the provisions of Section 1400.10 on the property to which the sign pertains: (a) 18 Schools and publicly owned facilities listed in Sections 1615.02 (b) and (c) and 1616.02 (b) 19 and (c). (b) Churches, temples, synagogues and City buildings listed in Sections 1615.03 (a) 20 and (c) and 1616.03 (b). 21 There was Commission consensus to add "identification" to Section 1400.12, Subd. 1(1) 22 between "one" and "sign" in the first sentence. 23 Commissioner Gondorchin asked if placement of the signs should be restricted. 24 There was Commission consensus to address this issue separately. 25 Commissioner Makowske stated he was not in favor of Section 1400.12, Subd. 1 (1) requiring 26 that the street address be required on the identification sign. 27 There was Commission consensus to remove "which may include" and replace it with 28 "and/or". 29 There was direction for Staff to make the suggested changes and forward to the City Council 30 with the Planning Commission recommendation to incorporate into the City Ordinance. 31 32 VIII. CONIMENTS. 33 Commissioner Gondorchin asked when the pylon sign at Apache Plaza would be removed and 34 also if the name of the Shopping Center was being changed. Planning Commission Regular Meeting Minutes July 15, 1997 Page 12 1 Ms. Moore-Sykes stated she did not know when the pylon would be removed and that the 2 name of the Shopping Center would remain Apache Plaza as it has metro-wide recognition. 3 Commissioner Goindorchin noted there is a home on Silver Lane that has a lot of cars and 4 other junk and appears to be conducting business activity. He asked Staff to investigate this 5 issue. He also noted the letter presented to the City Council from the Commission in regard 6 to split liquor was warmly receivedwith no negative comments: There was no action taken. 7 Chair Bergstrom complimented Commissioner Thompson on his article on roses. 8 Commissioner Thompson stated he could not believe the amount of water problems in the 9 City. He also stated he hoped the Freedom gas station would not be approved by the City 10 Council. He felt it was a poor use of the site and a polluter. He had visited the Freedom gas 11 station in Fridley and it is beautiful in its place but it has no place in St. Anthony on Lot 4 of 12 Apache Plaza. 13 Commissioner Horst stated he was disappointed in the City Council in not granting the Rosar 14 request as they did not acknowledge a tangible hardship. It is not up to the Planning 15 Commission or City Council to decide if we want or need the business in the area. If it is a 16 permitted use that is not detrimental to the general populace, it should be allowed. He stated 17 it was discouraging sometimes as he felt the recommendations made by the Planning 18 Commission were not listened to. 19 Commissioner Gondorchin stated he felt the public had a great impact on the City Council 20 decision in regard to the Rosar request. He noted that the owner of Great Clips had basically 21 stated at the meeting that it was okay with him if he did not get the additional signage. 22 Commission consensus agreed with Chair Bergstrom suggestion that the Planning Commission 23 and City Council should meet jointly at work session on an annual basis. 24 Ms. Moore-Sykes reported she had received several calls.from Mr. Rosar over the past week 25 and he is intending to abide by the conditions of the conditional use permit. He is currently 26 in the process of working with the Rice Creek Watershed District to install a catch basin and 27 then intends to redo the parking lot. He will also be addressing the landscape issue. He is 28 very upset with the City Council decision. 29 30 IX. ADJOURNMENT. 31 Motion by Horst, seconded by Delmonico, to adjourn the meeting at 9:39 P.M. 32 Motion carried unanimously. 33 Respectfully submitted, 34 Lorri Kopischke 35 TimeSaver Off Site Secretarial STAFF REPORT DATE: August 19, 1997 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: 97-08 Side Yard Variance Request Rick Lorenz, 3821 Foss Road BACKGROUND: Mr. Rick Lorenz, property owner of 3821 Foss Road, submitted an application for a 10- foot Side Yard Variance Request to the City in order to construct an addition to the tri- plex, converting the building into a four plex with a double car tuck-under garage. Mr. Lorenz intends to live in this new addition. He is also planning to add a 10 x 20 storage room on the back of the proposed addition. The Certificate of Survey shows both the living space addition and the storage room to be 8 feet into the required 15- foot side yard setback. The proposed layout of the addition is configured to take advantage of the existing driveway. Mr. Lorenz is also proposing to remove an existing storage building to the east of the proposed addition, thereby reducing the reducing the lot coverage and getting rid of an old building to improve the storm water drainage of the property. This building appears to have been in the side yard as well. ANALYSIS: The property is zoned R-4 and the lot is approximately 37,206 square feet. The existing tri-plex building is 1,216 square feet. The proposed addition will be 928 square feet, increasing the foot print of the building to 2,144 square feet. The total lot coverage by impervious surfaces is 10% and the floor area ratio with the proposed additional living space is .06. With the.exception of side yard setback, the proposed addition meets the City's zoning and land use requirements. The owner of the property is proposing to build the addition as his own residence. He has indicated to Staff that the request for the variance is not based on economic considerations; since he will be living in the proposed unit, he will not be receiving additional rental income. The proposed project will not alter the essential character of the area as it is appropriately zoned for this use and other multi-family properties exist in the neighborhood. Staff has received two inquiries from residents; one was simply to better understand the project. He indicted that he was in favor of the project because it would "clean-up" the site with the removal of the existing storage building. The other caller was in opposition because of the potential to increase parking problems. that an additional unit may cause. I explained that the proposal includes a tuck under 2-car garage, which may alleviate some parking problems. The caller indicated that she was pleased to hear about the 2-car garage. Fee: /00.6 (R-1............$ 60.00 XOther.........$100.00) CITY OF ST. ANTHONY Petition for Variance Applicant: ; k Lr) r- P12 Address: 3,q -�2 dl Phone: -7.�s9 - YY S�1 Status of applicant (owner, buyer, renter, agent, etc.): d"v'9 P Street address and/or legal description of property petitioned for variance: S;4, � AW (- o/ v? .2 n a/c��Y`/:,to-7 Zoning district in which property is located: Request: e f /U s,,de Biu r d Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but'not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. _ l Signature of Applicant - :�'.r �; RiCk LUND 3821 Foss Rd St.Anthony,Mn.55421 Phone 7788-7889 Fax 788-7889-1 July 18, 1997 City of St. Anthony 3301 Silver Lake Rd. St. Anthony,Mn., 55418-1699 Attn. -City Planning Commission To Whom It May Concern, I am writing this letter concerning my Triplex located.at 3821 Foss Rd. There are two hardships which I would like to have addressed. The first being my need for a 2 car garage and the second being a substantial water drainage problem which has caused repeated problems on the property. Proposal-To remove a very old and unsightly storage building and build a new attached 2 car tuck under garage with a 2 bedroom apartment above it. I would also request a 10' x 20' storage locker as part of this structure. Response to City Concerns 1. How would this variance relieve an undue hardship? (a. )It would allow me to aquire some much needed garage space (b. )It would allow me to delete a unsightly gravel driveway on the North side of my home and replace it with a new asphalt driveway. (c. )Removing the old storage building would allow me to create a drainage area at an existing 6"P.V.C. drainage pipe which is was intended to carry water away from the house but currently cannot handle any substantial rain or spring thawing. With my proposal there would be a small flood plain created to hold the water until the pipe can carry away the excess water. (d. )I believe the asthetic value would be greatly improved. Thank you for your time and cosideration ! Sincerely, Rick Lorentz CERTIFICATE OF SURVEY KURTH SURVEYING. INC. FOR R � CK LORENZ DATE �-�Z--°t7 I FEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT �Cl�IC1�� 5 _ 0 IRON MONUMENT 4002 JEFFERSON ST. N.E. WAS PREPARED BY WE OR LANDER MY DIRECT SUPERVISION 1 `E � �(� PL► . FD55 (zp/�p m L 5t��{� X•-� COLUMBIA HEIGHTS. I�gl. 55421 AND THAT (I� DULYELICEµI� O SURVEYOR UVDEP. ANp CNAN�L�EZ Q-o/Sp -L,( �,�ag95 0 30 (612) 788-976£1 FAX t6IN. 788-7602 [za•o =q<(5TIWA CLEVATIo4 MINNESOTA L I .ENS N0 . 20270 SCALE IN FEET ctA0,N6cr0 9.0 F,EA-vca _ /K-cnti.` .�f'o rade, l�•c,t,c.Q dc� (�Z CONCRETE BLOCK BUILDING �Ny � R v c CN o� - - aa05 -- 36.o N 89048 ' 08 " E 298 . 84 r �QAG- - a, 2s' 04" w q�q,b1 eZ1 �!.L' �. DRIVEWAY SAND O o ttl P� O X< CD Z> � �� uDGA c� _ — r� colk '4 0� `30 ZQ D w 5 QEc'Ct� OUP- ,< N� J rx G u dry' LLI m C 0 r\ N 9. Lli J o o m *_9�� x (` OLLy C� J Cg1� r < N rr) Y �-;, �6 3 r a d co ,' 36" OAKcl) I'll ��z o C) 37.5+ [CONCRETE I o? 14LiP.1-9 -0.2 8,LL 00 o o S_ DRIVEWAY BLACKTOP I 0 to o Oro Z X q2.�,z i Q5�/ -33 N 89 " 4 ,9 ' 10 " E 298 . 95 LOT 19, BLOCK 2, MOUNDS VIEW ACRES 2ND ADDITION, RAMSEY COUNTY. STAFF REPORT DATE: August 19, 1997 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Addition for St. Charles Borromeo Catholic Church. BACKGROUND: Mr. Gerry DeZelar, architect for St. Charles Borromeo, will be presenting a proposal to the Planning Commission regarding the construction of an additional building on site to be used as a gathering place. They have the space for the building, but parking is and will be an issue for this project. Currently, the church has 200 parking spaces, including the spaces designated for the school. According to the City Ordinance and based on the current seating capacity of the church, they need 400 parking spaces. `. Mr. DeZelar has indicated that the proposed building will be used for a gathering place after services. He told Staff there will probably never be a time when the church will be holding services and another event will be going on at the same time in the proposed building. STAFF REPORT DATE: August 19, 1997 TO: Planning Commission FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Revision of the Sign Ordinance for Professional Buildings. The attached proposed amendment to Chapter 14, Signs, adds a definition of a Professional Building to the City's Ordinance and includes Professional Buildings in the requirements for a Comprehensive Sing Plan. Staff has submitted the proposed revision to the City Attorney for his comments. He indicated that the changes are acceptable and appropriate. Once the Planning Commission has reviewed this revision, the City Council will hold three public readings, commencing with the August 26, 1997 City Council meeting. Proposed Amendment to the Sign Ordinance (Chapter 14, Signs) 1400.04 Definitions. For the purposes of this Chapter, the following terms have the meanings given them in this Section: Subd. 36 Professional Building. Any multi-story building of 50,000 square feet or more occupied by professional service oriented businesses, such as legal, clinical or health care related retail or service establishments with parking provided on the tract of land for use in common by patrons and occupants. 1400.09 Signs Requiring Permits. Subd. 5. Shopping Centers/Strip Mall/Professional Building Comprehensive Sign Plan. A comprehensive plan must be provided for the whole. of a shopping centers strip mall, or professional building development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive plan is presented, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission who will forward a recommendation to the Council on the appropriateness of the proposed plan. Proposed changes are double underlined. CITY PLANNING DEPARTMENT 350 South 5th Street-Room 210 minneapolis Minneapolis MN 55415-1385 city of lakes W. Paul Farmer,AICP Director Office (612) 673-2597 Fax 673-2728 TDD 673-2157 30 July 1997 Ms. Kim Moore-Sykes, Management Assistant Saint Anthony Village Administrative Offices 3301 Silver Lake Road Saint Anthony, Minnesota 55418-1699 Dear Ms. Moore-Sykes: We have examined the review draft of your comprehensive plan update. it is a professional document and appropriate for a fully developed first ring suburb. Your centralgoal of retaining the village-like character of Saint Anthony Village would appear to be a.sound one given the size and character of your community. We appreciated the opportunity of reviewing your draft plan. Sincerely, W. Pan! Farmner, AICP Planning.Director WPF/mm AFFIRMATIVE ACTION EMPLOYER Recycled paper 30%post consumer waste a 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JULY 22, 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, Enrooth, Wagner, and Faust. 9 Also Present: City Manager Michael Mornson. 10 Councilmembers Absent: Marks. 11 III. APPROVAL OF JULY 22, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Mayor Ranallo noted that several residents had contacted Staff in regard to the storm water 13 situation and would like to address the Council this evening. 14 15 Motion by Faust, second by Enrooth to approve the July 22, 1997 Regular Council Meeting 16 Agenda with the following change: 17 Under VIIA. Add: 4. Open Forum. 18 Motion carried unanimously. 19 IV. APPROVAL OF JULY 8, 1997 CITY COUNCIL REGULAR MEETING MINUTES. 20 Motion by Wagner, second by Enrooth to approve the July 8, 1997 City Council Regular 21 Meeting Minutes as presented. 22 Motion carried unanimously. 23 V. LICENSES/PERMITS/PETITIONS. 24 A. All. 25 Motion by Enrooth, second by Wagner to approve the following licenses: 26 Contractors License: 27 Roof Masters Inc., Forest Lake, MN/working at Equinox Apartments 28 A LaPointe Sign Company, St. Louis Park, MN/working at 2525-33rd Avenue 29 Heating License: 30 Minnegasco Inc., Mpls., MN/renewal 31 PRS Mechanical Inc., St. Anthony, MN/renewal 32 E.L.K. Mechanical Inc., Ramsey, MN/renewal 33 Blaine Heating and Air.Conditioning, Anoka, MN/renewal 34 Diamond Power Mech., Inc., Spring Lake Park, MN/renewal 35 Forrest Heating Inc., St. Paul, MN/renewal 36 3.2 Beer License: 37 CUB Foods/ Apache Plaza e , City Council Regular Meeting Minutes July 22, 1997 Page 2 1 Temporary 3.2 Beer License: 2 St. Charles Borromeo Fall Cookout/September 20, 1997/6:00 P.M. to 11:30 P.M. 3 Motion carried unanimously. 4 B. Consideration of a Petition for a "Watch for Children" Sign to be Located Along 5 Penrod Lane Between 39th Avenue NE and 40th Avenue NE. 6 Mayor Ranallo stated the City has received a petition signed by 17 people requesting that a 7 "Watch for Children' sign be located on Penrod Lane, between 39th and 40th Avenues NE. 8 Motion by Faust, second by Enrooth to approve a "Watch for Children' type sign to be 9 located on Penrod Lane, between 39th and 40th Avenues NE. 10 Motion carried unanimously. 11 12 VI. PRESENTATION OF CLAIMS. 13 Motion by Wagner, second by Enrooth to approve the following claims: 14 15 A. Braun Intertech in the amount of $1,992.10 for services rendered April 19, 1997 to 16 June 13, 1997 for 35th and Roosevelt Street construction testing services. 17 B. Dorsey & Whitney in the amount of$545.00 for legal services rendered through May 18 31, 1997. 19 C. Foster, Ojile, Wentzell & Brever in the amount of $3,000.00 for professional services 20 rendered for the month of July 1997. 21 D. Northdale Construction Co. in the amount of $332,450.13 for payment application No. 22 1 1997 Watermain, Street and Storm Sewer Improvements. 23 E. Rieke Carroll Muller Associates in the amount of $16,708.87 for professional services 24 rendered June 1 to June 28, 1997 for 1997 Street/Watermain Improvements. 25 F. WSB & Associates in the amount of$9,300.00 for professional services rendered June 26 1 through June 30, 1997 for Water Resource Management Plan. 27 G. 5 pages of Verified Claims as presented by the Finance Director. 28 Motion carried unanimously. 29 VII. REPORTS. 30 A. Planning Commission - July 15, 1997. 31 Planning Commissioner Richard Horst was present to report on the issues addressed at the 32 July 15, 1997 Planning Commission meeting. 33 1. John Trautz, Freedom Gas Station, Apache Plaza; Conditional Use Permit and 34 Rear Yard Setback Variance Request. 35 Commissioner Horst reported the Planning Commission held a public hearing on July 15 to 36 consider a conditional use permit for John Trautz, Freedom Gas Station, Lot 4, Apache Plaza. 37 The Planning Commission recommended approval of the conditional use permit with a 5/2 City Council Regular Meeting Minutes July 22, 1997 Page 3 1 vote (Gondorchin and Thompson voted naye) as it meets the following conditions of the 2 conditional use permit: 3 1. The proposed use is one which is specifically listed for the zoning district where the 4 use will be located; 5 2. The proposed use will not be detrimental to the health, safety, or general welfare of 6 the persons residing or working in the vicinity; 7 3. The proposed use is desirable at the above location to provide a service and is in the 8 interest of public convenience and will contribute to the general welfare of the 9 neighborhood community; 10 Subject to the following conditions: 11 1. The proposed layout will be done in accordance with the drawings submitted to the 12 City as part of the approval; 13 2. The proposed layout be subject to approval of the Fire Chief for movement and access 14 of emergency vehicles; 15 3. Petroleum storage and drainage requirements conformity with local and state 16_ requirements. 17 4. No one present.spoke against the request. 18 Motion by Wagner, second by Faust to approve the conditional use permit for John Trautz, _ 19 Freedom Gas Station, Lot 4, Apache Plaza based on the findings of the Planning Commission. 20 Motion carried unanimously. 21 Mayor Ranallo verified that the variance request was not required as the proposal was located 22 in the Apache Plaza and City Ordinance addressed this situation. 23 Morrison confirmed this was correct. He then asked when construction would begin. 24 John Trautz, applicant, stated construction would begin in mid August. 25 2. Ordinance 1997-005, re: Professional Buildings as Permitted Conditional Use in 26 Commercial Districts ( 1st Reading ). 27 City Manager Morrison reported the Planning Commission has recommended a proposed 28 ordinance amendment to the City's Zoning and Land Use Ordinance. It is recommended that 29 Chapter 16, Zoning and Land Use, Section 1635.03, Permitted Conditional Uses, be amended 30 to allow additional permitted uses in the Commercial District. These uses include laboratories 31 for medical research and testing (except research and testing which uses animals) that provides 32 services to health care providers, and computer research and program development. The City 33 Attorney has reviewed this proposed amendment and has agreed that the uses be included in 34' the Code as additional permitted uses. City Council Regular Meeting Minutes July 22, 1997 Page 4 1 Motion by Enrooth, second by Wagner to approve the l st reading of Ordinance 1997-005, 2 relating to permitted conditional uses in a "C" Commercial District; amending Section 3 1635.03 of the 1993 St. Anthony Code of Ordinances by adding (u) and (v). 4 5 Motion carried unanimously. 6 3. Ordinance 1997-007, re: Ground Signs ( 1st Reading ) 7 Morrison reported the Planning Commission is recommending approval of changes to the Sign 8 Ordinance Chapter 14, Signs, Sections 1400.10, Ground Signs, and 1400.12, Subd. 1, 9 Residential, to restrict the use of ground signs in the R-1, R-lA, and R-2 zoning districts. 10 This amendment will prohibit ground signs for residential use but will still allow ground signs 11 for schools and publicly owned facilities listed in Section 1615-02 (b) and (c); and Section 12 1616.02 (b) and © and churches, temples, synagogues, and City buildings listed in Section 13 1615.03 (a) and (c); and Section 1616.03 (b). 14 Motion by Faust, second by Wagner to approve the 1st reading of Ordinance 1997-007, 15 relating to signs, amending Chapter 14 of the 1993 St. Anthony Code of Ordinances, Sections 16 1400.10 and 1400.12, Subd. 1(1) and 1400.12 by adding (4) (a) and (b). 17 Motion carried unanimously. 18 19 4. Open Forum. 20 Mayor Ranallo reported the City has done the following in response to City Flood issues: 21 a. Called both Ramsey and Hennepin County Commissioners seeking any type of 22 assistance the City can get. Both Commissioners put the City in touch with grant staff 23 for the County. City Staff sent out a letter to the residents letting them know which 24 programs are available, etc. 25 b. On July 9-13th the City Staff went door to door to survey the community to get a 26 determination of the flood damage. 27 C. Called both Representative Mary Jo McGuire and Senator John Marty about the flood 28 damage. The City plans to hold a meeting with them in a week or two to assess 29 possible legislative support. In addition, Councilmembers Wagner and Faust met with 30 both McGuire and Marty to lobby for support. 31 Councilmember Faust reported that at that meeting, both Marty, McGuire, and Representative 32 Mindy Grieling, were sympathetic to the needs of St. Anthony. They will be seeking long- 33 term assistance from the Legislature and are doing all they can for short-term assistance with 34 the policies which are in place. He stated there are some funds available and he felt there 35 was a good chance that the City may receive some assistance. 36 Councilmember Wagner reported he felt a little optimistic about the possibility of funding as 37 other large cities including St. Paul and Minneapolis are faced with the same water situation 38 as St. Anthony. He stated he hoped that the Storm Drainage Task Force may discover a less 39 expensive means to solve the problem. City Council Regular Meeting Minutes July 22, 1997 Page 5 1 Councilmember Enrooth stated he had attended a meeting of the Middle Mississippi 2 Watershed District on July 10 and had brought up the concerns of St. Anthony at that 3 meeting. Joe Bermad, who is Chairman of the District, also serves on the Minneapolis City 4 Council and is well aware of the problem. This issue will be a topic of discussion at future 5 meetings. 6 Mayor Ranallo continued: 7 d. Called both Ramsey and Hennepin County assessors to determine whether or not they 8 can re-assess damaged property. They indicated they would do so. 9 e. Called the League of Minnesota Cities for lobby help with the Legislature. 10 f. The City will appoint a Task Force this evening to address this issue. The first 11 meeting will be next Wednesday, July 30, 1997 at 7:00 P.M. The Task Force will 12 work with Barr Engineering and WSB. 13 g. The City provided dumpsters and helped, if needed to clean up properties. 14 h. The City contacted Rice Creek and Middle Mississippi Watershed Districts. 15 Mayor Ranallo noted the water on Silver Lake has risen so high that it is beginning to wash 16 out the rip rap on Silver Lake Road. Staff was asked to contact Hennepin County and notify 17 them. 18 i. The City is currently working on a summary of the problems and costs to provide to 19 the Legislature. 20 Mayor Ranallo reported the City contacted Berkeley Administrators to see if they could 21 purchase a master flood policy for the City. Berkeley stated there was no such plan available. 22 Further investigation through Hennepin County resulted in the determination that the City 23 could only participate in such a policy if the County participated. Currently the County does 24 not participate. 25 Tom Hoban, 2705 Pahl Avenue NE, asked if it would be easier to work with the Minneapolis 26 City Council as St. Anthony's storm pipe feeds directly into their system. 27 Mayor Ranallo stated that according to the Mississippi Watershed District, that is a State 28 project and has to be addressed to the State. If the State desires to enlarge the pipe, it would 29 then have to be approved by the Watershed District. 30 Enrooth noted the project would also require approval of MNDot. 31 Mr. Hoban noted a pamphlet he had received in 1992 which spoke of a fee to improve the 32 storm water drainage in the City. He asked where those funds have gone. 33 Mornson reported these fees have been placed in a fund having a balance of$250,000 as of 34 June 1997. The storm sewer systems are upgraded every time a street is reconstructed. L City Council Regular Meeting Minutes July 22, 1997 Page 6 1 Mr. Hoban stated he would like to see this money utilized for other projects, especially 2 creation of a retention pond. 3 Mary Ann Kuharski, 2709 Pahl Avenue NE, thanked the Council for allowing the residents 4 time to speak this evening. She noted a letter she had sent to a U.S. Senator, Congressman, 5 Hennepin County Commissioner, and State Senators. She felt it would be helpful if the 6 citizens are asking for attention and relief. She stated she held a meeting at her home last 7 evening and more than 60 residents were in attendance. 14 to 16 of those people were not 8 affected by the flooding but were in attendance out of concern for their neighbors. Another 9 meeting of this group has been scheduled for August 4, 1997 at the Community Center at 10 7:00 P.M. Ms. Kuharski invited the Council to attend this meeting and stated that she hoped 11 everyone could work together as a cohesive unit as this affects all properties in the City of St. 12 Anthony. 13 Mayor Ranallo stated this is the reason the City needs a Task Force. He also commented that 14 if the residents not affected by the flooding support the affected residents, it will help 15 enormously. 16 Faust stated it was always more effective to speak as a collective voice. He noted Ms. 17 Kuharski's group may be able to address more of the immediate emotional and basic needs 18 that government cannot address at this time. He stated letter writing is very effective 19 especially if handwritten and expressed from the heart. 20 Mayor Ranallo noted the City had asked for volunteers for the Task Force. The cut-off date 21 was July 21 and 9 applications have been received. 22 Ms. Kuharski stated her husband, John, was.intending to apply. 23 Don Troupe, 3213 Edward Street, stated he would like to volunteer and would submit a letter 24 of application tomorrow. 25 Councilmembers Enrooth and Faust volunteered to be members of the Storm Drainage Task 26 Force. 27 Bob Thistle, Springsted Co., reported that if the City provided $3 million in assistance, and 28 received no federal or state aid, the affect on a $100,000 market value home would be an 29 increase in taxes in the amount of$315 per year for 20 years. 30 Enrooth noted currently the least expensive estimate to eliminate the problem is $6 million. 31 Ms. Kuharski asked why the residents needed to be surveyed for approval of this project. 32 Mayor Ranallo explained that residents needed to be informed when a proposal will have a 33 major impact on them. City Council Regular Meeting Minutes July 22, 1997 Page 7 1 David Gotleib, 3307 Edward Street, stated he had spoken with Public Works Director and he 2 had explained that when the Johnson Addition was built, the back of his home had been 3 designed as a holding basin. Over the past few years, water has collected in the yard. This 4 year the water was over the basement windows and resulted in flooding of the basement. 5 Mayor Ranallo explained that the Council had addressed this issue at the time the homes were 6 built but the builders proceeded as it was their property and they stated they could do with it 7 as they pleased. 8 Mr. Gotleib stated the Public Works Director had suggested he build a dike in his backyard. 9 He noted this will only push the water into another yard. 10 Mayor Ranallo noted this is a problem all over the City. He thanked the residents for coming 11 this evening and stated the Council will keep them informed. 12 13 B. Update and Hear Comments and Questions Concerning the Metropolitan Council. 14 Rick Packer, Representative on the Metropolitan Council, introduced Guy Peterson, the Sector 15 Representative for St. Anthony. Mr. Packer explained the top 4 priorities of the Metropolitan 16 Council for the next 18 months. The first priority is to improve relationships with local 17 governmental units. The Council will attempt to stay in constant contact with cities to keep 18 abreast of the issues they are facing. The second priority is the Metro 2040 growth strategy. 19 The Council will work with cities to project how far they will grow out in the next 20 years, 20 project growth for the following 20 years, and reserve space for that urbanization. The third 21 priority of the Council is to continue to upgrade the transit system. The fourth priority of the 22 Council is to try to make their organization run as effectively as possible. This effort will 23 include the privatization of some aspects of their system. 24 Mr. Packer reported other current activities of the Council include assisting Cities to include 25 aspects of the 2040 Plan into their Comprehensive Plan Updates, monitoring activities of the 26 Advisory Council on Local and Regional Government, a Task Force on the sewer allocation 27 cost system, and revision to the sewer allocation cost structure. 28 Mayor Ranallo stated the Apache Plaza parking lot was previously being used as a park and 29 ride site. With the current redevelopment at Apache Plaza, there is no longer room for a park 30 and ride on this site. He stated approximately 75 to 100 people had been parking there daily. 31 Mr. Packer stated he would inform the Transit people of this issue. 32 Faust noted that surface water was currently a big issue and questioned if urban sprawl and 33 transit systems, with their effects on densities, would only add to this problem. He 34 acknowledged that transit is necessary and asked if the Metropolitan Council is the umbrella 35 organization to coordinate all these issues. 36 Mr. Packer stated the Metropolitan Council is aware of the issues and believes that they have 37 a realistic idea of the densities they can expect communities to achieve. City Council Regular Meeting Minutes July 22, 1997 Page 8 1 C. Discussion and Preliminary Approval of the Comprehensive Plan. 2 Mr. Bill Weber, BRW, Inc., explained he was here this evening to present the Draft Plan of 3 the Comprehensive Plan and request approval to send it to adjacent Cities and the 4 Metropolitan Council for comments. - A public hearing and City Council approval will be held 5 in the fall. The results of the Surface Water Management Plan will be folded into the Draft 6 Plan as well as any resulting land use issues. 7 Mr. Weber explained that at the start of the Comprehensive Plan Update process, the City. 8 stated it considered itself a "village" and that has been the driving force behind the 9 Comprehensive Plan. The town square is made up of Central Park and the civic element in 10 the middle of the City. There is an identifying main street and two or three identifying 11 crossroads. There is a commercial center on the north and south ends of town and there are 12 five or six very fine residential neighborhoods surrounding the core of the City. 13 Minor-changes have been suggested to the land use plan, as well as improvements to the street 14 systems. These include landscaping and other improvements on Silver Lake Road, especially 15 with the rebuilding of the bridge; enhancements by private entities with the redevelopment of 16 Apache Plaza; continued enhancement in the Kenzie Terrace area as the City continues to 17 acquire land in that area; and marking the entrances and exits to the City with clearly defined 18 landscaping. Another possible improvement would be providing bike lanes and signage and 19 tieing into the regional, bike parkways on St. Anthony Boulevard and possibly Stinson 20 Boulevard. Another possibility would be to relocate the Public Works site to a site southwest 21 of the Apache Plaza and replacing it with a park. This would support increased residential 22 activity in that part of the City. - There is currently an uneasy mixture of residential and 23 industrial in that area. He suggested the area move toward the direction of residential as it is 24 not a long-term strong industrial area. The City should also monitor the St. Anthony 25 Shopping Center site for an opportunity or need for change over the next decade. 26 Mayor Ranallo questioned the rationale in relocating the Public Works site to a location where 27 the property may cost as much as $1 million. 28 Mr. Weber stated the suggested area for relocation of the Public Works site could be obtained 29 at a marginal cost. He suggested that if the area were to remain industrial and residential, the 30 two uses should be segregated with the use of some type of buffer. 31 Motion by Faust, second by Enrooth for preliminary approval of the Comprehensive Plan 32 Update for the City of St. Anthony as submitted, to allow the process to move forward. 33 Motion carried unanimously. 34 D. Discussion and Preliminary Approval of the Comprehensive Water Resource Plan. 35 Mr. Peter Willenbring, WSB Associates, presented an abbreviated copy of the St. Anthony 36 Water Resource Management Plan to Councilmembers. He explained the items not included 37 were the appendix, background information, and general information available at the City. City Council Regular Meeting Minutes July 22, 1997 Page 9 1 Mr. Willenbring explained the table of contents outlines what the Plan covers. The 2 Establishment of Goals and Policies outlines how WSB thinks the City will want to react to 3 issues that arise. He stated he felt it was reasonably complete and in conformance with the 4 Rice Creek Watershed District requirements. He stated that essentially the Implementation 5 Portion of the Plan was complete with the exception of the most recent storm water issues 6 resulting from the July 1 storm. 7 Mr. Todd Hubmer, WSB Associates, stated the Plan would be submitted to both Watershed 8 Districts and the Metropolitan Council. It may also be a good idea to submit the Plan to the 9 surrounding cities as they are currently experiencing the same problems as the City of St. 10 Anthony. 11 Mr. Hubmer explained the Implementation Portion of the Plan included three sections. The 12 first table is Capital Improvements for Stormwater Drainage. This addresses the physical 13 changes the City requires to address the problems that have been brought forward. The two 14 projects which have been identified are as follows: That as part of the City's street 15 reconstruction efforts, the City will replace or repair all necessary components of the storm 16 water conveyance systems and investigate options to minimize existing street ponding efforts; 17 and Implementation of findings of the 1997 storm sewer/water management task force as 18 approved by the City Council. 19 The second table is Stormwater Management Programs. The efforts identified are as follows: 20 Street Sweeping; Implement Stormwater System Maintenance Plan; Public Education; Erosion 21 Control Ordinances; and Continue Catch Basin Stenciling Program at Silver Lake. 22 The third table is Stormwater Management Studies. The efforts identified are as follows: 23 Create Task Force to Investigate Flooding Problems Associated with the July 1, 1997 Storm; 24 Feasibility Study for Improving Water Quality in Silver Lake; and Feasibility Study fro 25 Reducing Drainage Impacts to Central Park Users.. 26 Mayor Ranallo asked Mr. Hubmer if he had any comments in regard to the surface storm 27 water situation in St. Anthony. 28 Mr. Hubmer stated he agreed with the findings of Barr Engineering and RCM Engineers. He 29 suggested however, there may be other avenues that could be explored. 30 Morrison noted that WSB worked with quite a few other communities which provided internal 31 funding. He asked if Mr. Willenbring had any suggestions in this area. 32 Mr. Willenbring stated the solutions of ponding and larger pipes are appropriate solutions, 33 however, there may be more innovative ways to solve the problem. He suggested the City 34 needs to define their level of liability. 35 Faust asked if Mr. Hubmer knew at what elevation erosion would occur in Silver Lake. City Council Regular Meeting Minutes July 22, 1997 Page 10 1 Mr. Hubmer stated these records are available through Ramsey County. He stated he would 2 contact the County and supply the City with the necessary information tomorrow. 3 Motion by Enrooth, second by Faust for preliminary approval of the Comprehensive Water 4 Resource Plan as submitted. 5 Motion carried unanimously. 6 IX. NEW BUSINESS. 7 A. Approve Sale of Bonds of SAV 2. 8 Mr. Bob Thistle, Sprinsted Inc., reported Springsted, Inc. had been authorized to negotiate 9 $940,000 in liquor revenue bonds for the City of St. Anthony. On July 8, he had indicated 10 that the projected interest rate of those bonds would be 5.986%. At 4:00 P.M. this afternoon, 11 final negotiations resulted in a rate of 5.81% or 5.82%. This will result in a savings of 12 $12,000 to $13,000. He stated the coverage of well over 2% was maintained. 13 Motion by Wagner, seconded by Faust to award the bid of Liquor Revenue Bonds for SAV 2 14 to Gordia Dawkins as per Springsted, Inc. 15 Motion carried unanimously. 16 VII. REPORTS - Continued. 17 E. Councilmembers. 18 Wagner reported his attendance at the first Parks Task Force Meeting. The members agreed 19 to survey Silver Point and Emerald Parks and discuss these parks at the next meeting. 20 Wagner stated it was a good meeting. 21 Mornson noted it.may be necessary for the Parks Task Force and the Storm Drainage Task 22 Force to have a joint meeting as some of the issues they are discussing are related. 23 Faust reported that he and Councilmember Wagner had attended an Open House in regard to 24 the Legislature which was given by Senator Marty, Representative McGuire and Roseville 25 Area Representative Mindy Grieling. The issues discussed included levy limits, property tax 26 reform, right-of-way issue, the 25 member County Roles and Responsibility Committee, and 27 the issue that schools and cities are a special interest group. Faust stated the three 28 Representatives seemed very receptive. 29 Faust reported the following Thursday he attended a League of Minnesota Cities Meeting on 30 Fiscal Futures. A need to pare down the issues which were supported and opposed to form a 31 more philosophical approach was discussed. 32 Faust reported he also attended the Planning Commission meeting on July 15 as a Task Force 33 Member to discuss the Comprehensive Plan Update. City Council Regular Meeting Minutes July 22, 1997 Page 11 1 Faust reported his attendance last Sunday at a Silver Lake Residents Association meeting. 2 The problems discussed were high water level and erosion. He noted that WSB had 3 mentioned an erosion ordinance. He questioned if this might be an appropriate solution. He 4 also noted the storm water drains need to be kept clear and open, the rip rap on the road on 5 Silver Lake has not yet been completed, and the outlet to the spring is full of stuff. Faust 6 noted a letter that Doug Jones had sent to the City of Columbia Heights which suggested a 7 cascade aerator and a fishing pier. 8 Mornson reported he had met with the Columbia Heights City Manager with regard to an 9 ordinance regulating the operation of watercraft on Silver Lake. Columbia Heights has 10 installed a sign asking boaters to slow down and is hoping to achieve results through 11 volunteer efforts. They feel if the City of St. Anthony feels strongly about the issue, they 12 should propose a solution. A permanent ordinance would not be permitted because the DNR 13 would not approve it. Mornson noted a Joint Powers Agreement would also be required. 14 Mornson suggested residents, and the City Managers of Columbia Heights and St. Anthony 15 should get together to discuss the issue. 16 Faust questioned what was so difficult about a joint powers agreement or an ordinance. 17 Mornson stated Columbia Heights had questioned who would enforce an ordinance and stated 18 that they do not feel it is a big problem as there are not a lot of boats on the lake. 19 There was Council consensus to continue to pursue this issue with the City of Columbia 20 Heights and the DNR. 21 Faust reported that Representative McGuire had suggested the possibility that flood expenses 22 could exceed the levy limits if necessary. 23 Enrooth reported his attendance at a meeting of the Middle Mississippi Watershed District on 24 July 10. Enrooth also reported his attendance at a Villagefest meeting last evening. He stated 25 the planning is proceeding and the group will run the activities on August 2 and also the 26 parade but he is not sure what will exist after that. He stated he was concerned with the 27 burnout of the group. 28 F. Mayor. 29 Mayor Ranallo stated he had also attended the Villagefest Meeting. He asked that City 30 Manager provide a means for members of the festivity to gain entrance to the City Hall 31 during that event. 32 Mayor Ranallo also noted he had spoken to City Manager regarding the rip rap on Silver 33 Lake. 34 G. City Manager. 35 1. Liquor Store Update City Council Regular Meeting Minutes July 22, 1997 Page 12 1 Mornson reported the contractor anticipates starting on July 14 with a completion date of 2 October 20. There has been more asbestos discovered on the site and this has been removed 3 at a cost of $4,700. There is a tire conveyor belt which needs to be relocated. The 4 possibility of demolishing it in its current location-and building another is being considered. 5 This will be discussed at the next Council meeting. 6 2. City Hall Update. 7 Mornson reported the parking lot has been completed. He will be meeting with the contractor 8 and the HVAC installer who will be bringing manuals and working with the Public Works 9 Department to iron out all the problems. 10 Mornson reported three tanks were discovered at the Parkview building. One tank had been 11 leaking contamination 20 feet deep. This will delay the demolition by approximately two 12 weeks. It is Braun's opinion that it may be possible to leave the contamination on the site 13 and place the tennis courts over the area. This would require PCA approval. If it has to be 14 hauled away it will result in additional expense. 15 3. Silver Lake Bridge Update. 16 Mornson reported Dan Solar and the engineer from TKDA will be present at the September 9 17 Council meeting to discuss this project. In conjunction with this project the City will replace 18 the sidewalk on the west side of the street at City cost. The City will also relocate the water 19 line to the west side of the road. It currently sits down the middle of the road and presents a 20 maintenance difficulty. This is a 100% City cost and would be funded by the Water Fund. 21 The Council needs to consider if they want a sidewalk on the east side, the design of the 22 bridge railing, and any other items they would like added to the project, such as lighting, 23 landscaping, and decorative medium. 24 Mornson reported the City has $100,000 set aside in the TIF budget for infrastructure 25 improvements, such as landscaping, lighting, etc. In addition, there is $140,000 in MSA 26 funds for the sidewalk, etc. The water main replacement will come out of the Water Fund. 27 The engineer has stated that this budget is adequate for the project. 28 4. Quarterly Police Meeting with Falcon Heights and Lauderdale. 29 Mornson reported the meeting went well. Mornson noted he will soon be considering the 30 May 1 proposal for the next contract. 31 5. Meet with School Tech Coordinator. 32 Mornson reported he, Management Assistant and Finance Director will be meeting with the 33 School Tech Coordinator to obtain his consultant assistance on the computer system city-wide 34 to provide a network system. Mornson reported he is also consulting the League of 35 Minnesota Cities in regard to this issue. City Council Regular Meeting Minutes July 22, 1997 Page 13 1 6. Staffing Issues. 2 Mornson reported the Building Inspector deadline was July 25. There are three candidates, 3 two are individuals and the third is the City of New Brighton. A recommendation will be 4 made at the September 2 work session. The Public Works position deadline is September 9. 5 The first session of union negotiations for police, fire, and public works will be held in 6 August. 7 7. Sunset Memorial Cemetery Request. 8 Mornson reported Sunset Memorial Cemetery has expressed an interest in constructing a 9 funeral home on their site. The cemetery is located in a residential district and currently is 10 non-conforming. City Attorney has recommended that they petition the City to rezone the 11 area to recreational open space and change the verbiage to permit funeral homes provided 12 they are attached to the cemetery. 13 Mornson noted a memo from Liquor Operations Manager, Michael Larson in regard to the 14 purchase of a cash machine for the Stonehouse. A low bid of$7,495 has been received. This' 15 would require a cash outlay of$3,000 and the remaining balance would be paid through 16 transaction fees. Mr. Larson has stated the addition of the cash machine would result in a 17 gross profit of $2,100 per month. Mornson noted the authorization to proceed is needed from 18 the Council as it is necessary to sign a lease. 19 There was Council consensus for Liquor Operations Manager to proceed with the purchase of 20 a cash machine for the Stonehouse. 21- 22 VIII. PUBLIC HEARINGS - None. 23 IX. NEW BUSINESS - Continued. 24 B. Appoint Members and Council Representative to the Storm Drainage Task Force. 25 Motion by Enrooth, second by Faust to appoint the residents who volunteered to the Storm 26 Drainage Task Force, including the two volunteered this evening and Councilmembers 27 Enrooth and Faust. 28 Mayor Ranallo noted he would attend the meetings if either Councilmember was unavailable. 29 Motion carried unanimously. 30 C. Discussion of First Meeting Agenda of the Storm Drainage Task Force. 31 Mornson noted a proposed agenda for the first meeting of the Storm Drainage Task Force. 32 He stated it would be appropriate for the Task Force to develop their own Mission Statement 33 and that the facilitator will be determined at the first meeting. Mornson noted he will forward 34 all information available to Task Force members prior to the meeting. 35 Mornson reported he will be meeting with Barr Engineering and WSB on Tuesday, July 29 36 from 11:00 A.M. to 1:30 P.M. City Council Regular Meeting Minutes July 22, 1997 Page 14 1 Morrison reminded Council of the Joint Work Session with Staff on July 29 at 5:30 P.M. 2 Mayor Ranallo stated he will attend the meeting on August 4 mentioned by Mary Ann 3 Kuharski earlier this evening. 4 X. UNFINISHED BUSINESS - None. 5 XI. ADJOURNMENT. 6 Motion by Enrooth, second by Faust to adjourn the meeting at 10:02 P.M. 7 Motion carried unanimously. 8 Respectfully submitted, 9 Lorri Kopischke 10 TimeSaver Off Site Secretarial 11 12 13 Mayor 14 ATTEST: 15 City Clerk r- I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 AUGUST 12, 1997 4 I. CALL TO ORDER/ROLL CALL. - 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: City Manager Michael Mornson. 10 Councilmembers Absent: None. 11 III. APPROVAL OF AUGUST 12, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Wagner to approve the August 12, 1.997 Regular Council 13 Meeting Agenda with the following changes: 14 Under VII. C. Mayor add: 1. Comments by Mary Bower. 15 Under VII. D. City Manager add: 1. Comments by Dennis Cavanaugh. 16 17 Motion carried unanimously. 18 IV. APPROVAL OF JULY 22, 1997 CITY COUNCIL REGULAR MEETING MINUTES. 19 Motion by Wagner, second by Enrooth to approve the July 22, 1997 City Council Regular 20 Meeting Minutes with the following change: 21 On page 5, Line 16: Replace "Hennepin" with "Ramsey". 22 Motion carried unanimously. 23 V. LICENSES/PERMITS/PETITIONS. 24 Motion by Enrooth, second by Marks to approve the following licenses: 25 Contractors License: 26 Floyd E. Anderson Cement Contractor, St. Paul, MN/no permit yet 27 Lund Martin Construction Inc., Minneapolis, MN/working at SAV II 28 Asphalt & Concrete Buy Knox, St. Anthony, MN/working at 3933 Silver Lake Road 29 Heating License: 30 - Egan Mechanical Contractors Inc., Minneapolis, MN/renewal 31 Royalton Heating & Cooling Company, Brooklyn Park, MN/renewal 32 Kath Heating & A/C, Little Canada, MN/renewal 33 Suburban Air, 8419 Center Dr. NE/renewal 34 P. & H. Services Co., Brooklyn Center, MN/renewal 35 DJ's Heating & Air Conditioning, Albertville, MN/renewal 36 Heating & Cooling Two Inc., Maple Grove, MN/work at 2914-36th Avenue NE 37 St. Marie Sheet Metal Inc., Spring Lake Park, MN/renewal i r City Council Regular Meeting Minutes August 12, 1997 Page 2 1 Motion carried unanimously. 2 Motion by Wagner, second by Faust to approve the following permit: 3 Temporary 3.2 Beer Permit: 4 Central Park, August 21, 1997/Nationwide Paper (applicant Douglas Parker) 5 6 Vote on the motion: Ranallo, Faust, Enrooth and Wagner voted aye. Marks voted naye. 7 Motion carried. 8 VI. PRESENTATION OF CLAIMS. 9 Motion by Marks, second by Wagner to approve the following claims: 10 11 A. Dorsey & Whitney in the amount of$982.70 for legal services rendered through June 12 30, 1997. 13 B. Foster, Oiile, Wentzell & Brever in the amount of$3,000.00 for professional services 14 for August 1997. 15 C. Northdale Construction in the amount of $167.183.58 for Payment.Application #2 in 16 regard to 1997 Watermain, Street and Storm Sewer Improvements. 17 D. 7 pages of Verified Claims as presented by the Finance Director. 18 Motion carried unanimously. 19 VII. REPORTS. 20 B. Councilmembers. 21 Councilmember Wagner reported his attendance at a St. Anthonyerchants Association g p Y 22 Meeting. Their annual fair will be held on Saturday, August 16, 1997, and will include 23 kiddie rides and drawings. The Association also voted to move their lunch meetings from the 24 Stonehouse to the Great Dragon. Wagner noted that the Great Dragon is a member of the 25 Association. 26 Wagner noted a pin he was.wearing for the ACTION group (previously known as the Healthy 27 Youth/Healthy Community group). He reported that over twenty people of this group walked 28 in the VillageFest parade and distributed buttons and t-shirts. There appeared to be a lot of 29 response and respect generated there. This group is working with the schools in St. Anthony 30 to distribute the ACTION materials. They are also sending a letter to the City to request the 31 funds the City has previously offered to'donate. 32 Wagner reported his recent attendance at Trillium Park, where the Gardeners Club was 33 working to clean up. He noted there was more vandalism in the park. Three of the water 34 heads were unscrewed and thrown to the side of the road. Also the letters from the bulletin 35 board, that is provided by the Kiwanis, were torn off and broken. Upon speaking with the City Council Regular Meeting Minutes August 12, 1997 Page 3 1 Fire Department, they reported this is the second time this has happened in one week. 2 Wagner stressed the vandalism in City parks needs to be addressed. 3 Wagner reported his attendance at National Night Out sites with Police Chief Engstrom. 4 They visited a total of eight sites. Although attendance was good, Wagner stated it was 5 somewhat diminished by the rainfall. Despite the rainfall, it appeared to be a good chance for 6 neighbors to get out and know each other better. 7 A. Recognition of Police Officers Jack Christman and Ron Lehner For Their Actions in 8 the Apprehension of Suspects in a Recent Homicide. 9 Police Chief Richard Engstrom reported that on August 1, 1997, while on duty in the City of 10 Lauderdale, Officer Lehner spotted a young juvenile attempting to steal a car. When he 11 investigated the juvenile fled. After a brief chase on foot, assisted by Officer Christman, two 12 suspects were apprehended. This resulted in the clearing of a homicide which had occurred in 13 St. Paul hours before. All property was recovered, the two suspects and a third suspect were 14 charged. 15 Police Chief Engstrom presented a Letter of Commendation to Officers Ronald E. Lehner, a 16 four year veteran of the St. Anthony Police Department and Jack C. Christman, a six year 17 veteran. He congratulated both officers for excellent police work. 18 . Mayor Ranallo presented Officers Lehner and Christman with a plague commending them for 19 outstanding community service. He complimented both officers on the outstanding work they 20 and the entire police department performs for the City of St. Anthony. He thanked them for 21 their service. 22 B. Councilmembers - Continued. 23 Councilmember Faust reported that he, Councilmember Enrooth and City Manager Morrison 24 had attended the first Storm Drainage Task Force meeting on July 30, 1997. The Task Force ' 25 is off to a good start and has good technical assistance that will help to provide a long term 26 solution to the problem. 27 Faust reported he will attend a League of Minnesota Cities meeting on Fiscal Futures on 28 Thursday, August 14, 1997 and will report back to the Council at the next meeting. 29 Councilmember Enrooth reported VillageFest went quite well in spite of the weather. A 30 wrap-up meeting will be held on Monday, August 18, 1997 and he will report back to the 31 Council at the next meeting. 32 C. Mayor. 33 Mayor Ranallo reported his attendance at the neighborhood meeting on storm water drainage 34 on August 4, 1997. He reported the meeting was well attended by approximately 85 people. 35 Mayor Ranallo reported Senator John Marty has ,sent a letter to Governor Carlson requesting 36 $1 million to help pay for damages to homes in the City of St. Anthony. Ranallo stated he City Council Regular Meeting Minutes August 12, 1.997 Page 4 1 had called Marty's office today and was informed that a special session will be held on 2 August 19, 1997. 3 Mayor Ranallo reported that tomorrow he and City Manager Morrison will be meeting with 4 Hennepin County Commissioner Stenglein and Ramsey County Commissioner Weisner to 5 discuss funding possibilities. Ranallo also reported he had received a letter from Bruce Vento 6 which mentioned the use of CDBG Funds. Ranallo stated he was concerned that the CDBG 7 Funds would require too many restrictions to be useful. 8 Mayor Ranallo reported that VillageFest was a great success. The committee is in need of a 9 new chairperson for next year. Mr. Jacobs and Mr. Bartz have led the committee for the past 10 three years and have done an outstanding job but the job is quite tasking. Ranallo reported 11 that Friday, August 15, 1997, there will be a party for all the volunteers involved with 12 VillageFest. Councilmembers are also invited. 13 1. Mary Bower Comments. 14 Ms. Bower thanked City Manager Morrison for the efforts he made in resolving the problem 15 of the Wisconsin Central train stopping on the tracks across from Mirror Lake Manor and 16 leaving the engine run for hours. She noted the problem did stop for awhile but started again 17 last Sunday. 18 D. City Manager.. 19 City Manager Morrison reported the Building Inspector process is more costly. There 20 normally are two fees charged by the Building Inspector and the current Inspector, Duane 21 Grace has only been charging one fee. The funds to pay this are structured into the fees 22 received from building permits. 23 Morrison reported the Public Works Director's last day is November 21, 1997. The ad for the 24 position will be in the Star Tribune and League of Minnesota Cities bulletin. The closing 25 date is September 9, 1997. 26 Morrison reported that due to recent legislation the levy can be increased from the projected 27 $36,000, a 2.4% increase, to $59,000, a 3.6% increase. Morrison suggested the City increase 28 the levy to the $59,000 figure as they can reduce it at a later date but cannot increase the 29 figure. He also reported the Truth in Taxation statements have been changed. They will now 30 include the 1997-98 budget, 1997 and 1998 taxes and percent of increase. 31 There was Council consensus to discuss the levy increase at the September work session. 32 Morrison reported he is still working with the contractor to have the City Hall project 33 completed. He noted the second portion of that contract is the site preparation for the tennis 34 court area. Due to the leakage of an underground storage tank on that site, the excavation 35 costs have increased. The HRA will consider a change order tonight for an increase in cost 36 for excavation in the amount of$3,850.00. The cost may increase even more. Mornson City Council Regular Meeting Minutes August 12, 1997 Page 5 1 noted the City does have insurance through the League of Minnesota Cities which will 2 reimburse all costs of excavation related to this issue. 3 Morrison reported the bond proceeds for the new Liquor Store will be issued on August 20, 4 1997. The steel for the project is on backload. This has not effected the schedule of the 5 project and opening of the store is still anticipated between October 21 and November 1, 6 1997. The Council will be considering several change orders at the September meeting. The 7 funds for the change orders were included in the budget but specific costs had not been 8 determined at that time. 9 Morrison reported he will be meeting with Hennepin and Ramsey Counties tomorrow in 10 regard to funding for the flood victims. He will also be talking with CDBG staff in regard to 11 potential funding. He reported he has also placed a call to the Metropolitan Council and 12 noted Senator Marty has sent a letter to Governor Carlson requesting $1 million in assistance 13 based on the surveys received by the City last month. 14 Morrison reported Hennepin County will be performing the Silver Lake Road overlay 15 September 9 to September 18, 1997. 16 Morrison reported the Town and Country Grocery Store will be closing at the end of the 17 month. He stated he has received 12 to 24 calls from residents in the area asking if,the City 18 can do anything to get a new grocery store in the area. He noted this is a concern of the 19 population in that area. 20 Morrison reported he has nominated Liquor Operation Manager Mike Larson as the Liquor 21 Manager of the Year. 22 Morrison reported a purchase agreement has been negotiated for the next house on Kenzie 23 Terrace. Today the City closed on the other house on Kenzie Terrace which was being 24 negotiated. Morrison reported the closing did include $2,500 down in an escrow account. 25 This is more than-the typical amount down which is $500. 26 Morrison reported he will be providing a VillageFest cost summary of the cost of the time of 27 the Police, Fire and Public Works Departments. 28 Morrison reported he had met with Mike Peterson, President of the Sports Boosters, today and 29 Mr. Peterson presented the City with a $25,000 contribution. This brings their total 30 contribution to the City to $40,000. 31 Morrison reported the Brooklyn Center City Council presented the City of St. Anthony with a 32 Resolution of Appreciation for helping their City with the use of the wood chipper. 33 1. Dennis Cavanaugh Comments. 34 Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated he would like to narrow the focus of 35 the communities discussion of the recent flooding on July 1, 1997. He felt everyone has � r City Council Regular Meeting Minutes August 12, 1997 Page 6 1 treated all flooding on July 1, 1997 as equal, when in fact, a particular neighborhood was 2 impacted more severely because of a structural problem with the storm water sewer system in 3 that particular neighborhood. This neighborhood is District 6. He noted District 6.flooded 4 again on July 13, 1997. The problem is not just flooding on July 1, 1997 but is a long-term 5 embedded problem in District 6. 6 Mr. Cavanaugh stated the findings of fact of the Barr Engineering report of July 1992 7 included the following: City streets in District 6 flood with minor rainfall; Property damage 8 has occurred; Flood damage can be reduced; City was developed without a comprehensive 9 drainage plan; and, City used a lower standard of design for storm sewers in District 6 than 10 those used today for storm sewers. 11 Mr. Cavanaugh stated the following three alternatives were proposed by Barr Engineering: 12 Non-structural alternative-building restrictions, flood protection, or flood plain evacuation - 13 cost $750,000; Improved Outlet Capacity - cost $16 million; or Ponding area construction - 14 cost $5.7 million. 15 Mr. Cavanaugh stated that based on the proposed alternatives, the Council felt the costs were 16 excessive and decided to adopt none of Barr's recommendations. The Council did establish a 17 $3.00 per quarter fee to develop a water fund to deal with the storm water sewer deficiency. 18 The fund today is $250,000. 19 Mr. Cavanaugh stated that by the Council not adopting any of the three alternatives, a 20 decision was made. The residents of District 6 have continued to be an integral part of the 21 City storm sewer system. Private property is being used at no cost to the other residents of 22 the City. The rest of the City residents benefit because (1) the ponding areas in District 6 23 serve as the storm water holding areas for the City and (2) all costs are avoided by the City. 24 Individual property owners in District 6 are expected to absorb the cost of the City storm 25 water surges. 26 Mr. Cavanaugh stated the impacted property in District 6 is being used for storm water 27 management without the just compensation that is required when private property is taken for '28 a public use. He suggested the following proposed action: 29 30 A. The City acknowledges that private residential property should not be a part of the 31 storm water management system in the City of St. Anthony without just compensation. 32 B. The City should immediately and formally accept liability for the property damage in 33 District 6 which resulted from the decision of the City not to implement any of the 34 recommendations in the Barr report. 35 C. Take immediate steps to reimburse residents of District 6 for out-of-pocket expenses 36 using the funds from the water fund. Purchase of the individual property may be 37 appropriate. 38 D. Take necessary steps to increase the funding level of the water fund to cover any 39 additional out-of-pocket expenses and to provide adequate long-term storm water t. v City Council Regular Meeting Minutes August 12, 1997 Page 7 1 management. Also short-term non-structural and structural alternatives should be 2 aggressively pursued, e.g., implement Alternative A of the Barr report. 3 Mr. Cavanaugh stated that personally it made him sick to watch the residents in District 6 4 struggle with this huge economic load. He believed that if the county, state or federal 5 governments can help the City recoup its cost and can assist in a long-term solution - great. 6 The important issue is the immediate and necessary relief of the impacted citizens in District 7 6 by the City of St. Anthony. 8 Councilmember Enrooth stated it was unfortunate to have to have the July 1, 1997 incident to 9 bring this issue to this point. He noted that a public hearing was held.in 1992 to discuss the 10 options available. At that time it was suggested that Silver Point Park be used as a holding 1.1 pond and the residents were against that option. 12 Mr. Cavanaugh stated that public policy issues are decisions that the individual does not 13 make. Public policy issues are part of the big picture. If residents object to funding the 14 improvements they are being selfish. He stated he was not affected by the flooding but would 15 be willing to talk with residents and explain the impact and the necessity of the 16 improvements. 17 Mayor Ranallo stated that if the City does not receive any aid from the county, state or 18 federal sources, the issue of spending $16 million to make the improvements may be put to a 19 referendum. He noted that even with making the improvements of$16 million, there is no 20 guarantee the problem will be solved. 21 Faust noted the purpose of the Task Force is to determine the most viable long-term solution. 22 Mr. Cavanaugh stated he was looking at short-term relief in the form of reimbursement of the 23 out-of-pocket expenses of the residents of District 6. 24 Mayor Ranallo noted there are residents who were affected in other areas of the City. 25 Mr. Cavanaugh stated that if those residents passed the test of Barr Engineering for inadequate 26 storm sewer, they too should be covered. He noted this inadequacy is well documented in 27 District 6. 28 Mornson stated the City is attempting to obtain short-term relief for residents through the 29 special legislative session and also county, state and federal offices. The City and the Task 30 Force are trying to resolve the short-term problems first and then will address the long-term 31 problems. 32 Marks thanked Mr. Cavanaugh for helping-to sharpen the public policy issue argument. 33 Anthony Kaczor, 3008-39th Avenue N., stated his frustration that Walt Sentryrz was moving 34 the Town and Country Grocery Store. He stated he felt it was the Quarry Center which put City Council Regular Meeting Minutes August 12, 1997 Page 8 I the Town and Country out of business. He felt the City had only been concerned with 2 Apache and CUB Foods and had forgotten about the Village. He stated that as a community, 3 efforts should be made in the Village area of St. Anthony. 4 City Manager noted that over the years the City did offer the commercial owners in that area 5 assistance. 6 Mayor Ranallo noted it was the landlord which was forcing the Town and Country to close, 7 and not the City. 8 Mike Jacobs, 2914-29th Avenue N.E., stated the landlord should be kicked out. The elderly 9 of that neighborhood rely on shopping at that store. He noted the City controls how the 10 homes are maintained and asked why they can't control the businesses. 11 Mr. Kaczor suggested that the Quarry Center residents are already complaining of increased 12 traffic in that area. He felt signage could be utilized in the Quarry area to direct people to a 13 restaurant located in the Village area. He stated he did not consider the Stonehouse to be a 14 restaurant. He considered it a bar that serves food. He felt the Council should address the 15 split liquor issue. 16 Wagner stated the Council has discussed the split liquor issue and are willing to change but 17 need.a restaurant owner who wants to operate in the City of St. Anthony. 18 Faust noted the restaurant owners look at the demographics and determine there is not enough 19 traffic. 20 Mayor Ranallo stated the City had offered $140,000 to assist the Village shopping center. 21 The Council would like to see the addition of a restaurant in the City. Ranallo noted he had 22 approached a number of restaurant owners and they had all stated they were not interested. 23 Mr. Jacobs suggested this information has to be made available to the public in some manner. 24 Mr. Kaczor stated that he has started to see graffiti in the City. There needs to be a stop put 25 on the vandalism in the City. He suggested the vandalism be listed in the Bulletin with the 26 police reports. 27 Marks stated that when the City started redevelopment in St. Anthony, they started in the 28 Village Shopping Center area. The City attempted to provide enough residents in that area to 29 make the businesses viable. The businesses in that area should be more capable of doing 30 business now than they were 17 years ago. He stated he did not know the solution in the 31 particular case of the Town and Country where the landlord is not being responsible. 32 Sue Kozarck, 4029 Shamrock, asked if there were inspections or rules imposed on the owners 33 of the building. City Council Regular Meeting Minutes August 12, 1997 Page 9 1 Morrison stated that the City can condemn the property but would still have to purchase the 2 property. The City cannot purchase property without a public purpose. The building code 3 only pertains to new construction, renovation and remodeling. 4 Mary Ann Kuharski, 2709 Pahl Avenue NE, questioned why the storm sewer improvements 5 would have to be put to a referendum. She stated residents in her area need assurance that 6 . they will have a decent sewer system. She stated she had not been aware of the public 7 hearing in 1992 and questioned if this had been the last chance residents had for getting the 8 improvements. It was her understanding that St. Anthony could not have afforded the 9 solution even if the people had wanted it. 10 Enrooth stated there was a large public hearing held on the issue in 1992. It was not the last 11 chance for residents to get the improvements. 12 Mayor Ranallo stated the Council did not have the "guts" to spend $16 million of the tax 13 payers money without letting them know. 14 Ms. Kuharski stated she was offended because she paid taxes just like everyone else in the 15 City and she deserved good running water like the other residents. She stated she objected to 16 the referendum. She stated she needed to be assured that the improvements would be made 17 and felt that the improvements were a matter of justice. 18 Faust noted the Task Force will provide direction and the opportunity for the City to 19 readdress the improvement issue. 20 Mr. Jacobs stated his neighborhood is considered a leper colony. Their homes are worthless. 21 He stated his neighborhood is entitled to clean water, a clean environment and not to have to 22 worry every time it rains. He stated he backs up what Ms. Kuharski has said. He stated no 23 one knows the trauma his neighborhood is going through. It is a day to day thing that is 24 unacceptable. The frustration just.continues to mount. 25 John Kuharski, 2709 Pahl Avenue NE, asked if anyone attempted to obtain funds from the 26 legislature in 1992. 27 Mayor Ranallo stated the City did attempt to obtain funds in 1992 but were told there was not 28 a big problem. 29 Faust stated a dialogue was needed on the forefront to convince all parties involved that these 30 improvements are necessary. 31 Jane Hintz, 3503 Maplewood Drive, stated she was not affected by the flooding but has been 32 talking about it non-stop. She has found support in areas she did not expect. She felt there is 33 more support than is thought. City Council Regular Meeting Minutes August 12, 1997 Page 10 1 Ms. Kuharski stated the residents need to understand the severity of the issue. These 2 improvements are a basic need like the police and fire departments. The improvements will 3 be good for the reputation of the City and the resale of the property. She asked the Council 4 to have the guts and to go to bat for the effected residents. 5 Marks stated he would feel awkward putting this issue to a referendum as it may tend to put 6 to the people in the low part of the City against the people in the high area. 7 Faust stated the Council was very supportive of the need for the improvement but are trying 8 to resolve a problem that has continued for more than 20 years. He noted the solution needed 9 to be done right so future generations will not have to deal with this issue again. 10 Mr. Kuharski stated he is a member of the task force. As a task force member, he asked if 11 the $250,000 in the Storm Sewer Fund could be appropriated now or if it was regulated. He 12 noted it is almost winter and some of the effected people do not even have an operable 13 furnace. 14 Mornson stated the fund can be used but the City does not want to expend these funds 15 because the other governmental agencies may then say the City does not need any assistance. 16 The City Council has control over how the funds are allocated. 17 Ms. Kuharski stated that in his response Representative Vento had stated he would support the 18 effected residents in Ramsey County. She noted that he also represents residents in Hennepin 19 County and hoped that he realized this. 20 Mr. Jacobs noted he has been told that he earns too much money to qualify for low interest 21 loans. 22 Ms. Kozarck stated it is up to the residents to write to the agencies and say they have had 23 enough. They are tax payers too. She stated she has experienced a $50,000 loss and cannot 24 even get a contractor to come and fix the hole in her basement. 25 Mayor Ranallo stated it is the City's position that they do not want loans, they are requesting 26 outright funds. 27 28 VIII. PUBLIC HEARINGS - None. 29 IX. NEW BUSINESS. 30 A. Resolution 97-040, re: Receive Report and Order Plans and Specifications for 1998 31 Street and Water Main Improvement Project. 32 Mornson explained the project will include Harding Street from 34th Avenue NE to 36th 33 Avenue NE, Edward Street from 34th Avenue NE to 35th Avenue NE and Roosevelt Street 34 from 34th Avenue NE to 35th Avenue NE. The projected 1999 improvements will include 35 these areas from 34th Avenue NE to 33rd Avenue NE to complete this section. The cost is 36 estimated at $770,000.00 and will contain 2750 lineal feet. A $38.00 per foot assessment will City Council Regular Meeting Minutes August 12, 1997 Page 11 1 be made to each property owner. If the Resolution is approved, the next action will be to 2 hold neighborhood meetings. These meetings are tentatively scheduled for October 21, 1997. 3 There is also an MSA project on 33rd Avenue scheduled for ,1998 and this will also be 4 discussed at the neighborhood meetings. 5 6 Motion by Marks, second by Faust to approve Resolution 97-040, re: receiving report and 7 order plans and specifications for 1998 Street and Water Main Improvement Project. 8 Motion carried unanimously. 9 B. Resolution 97-041, re: Deferrals of 1997 Street and Water Main Improvement Project. 10 Mornson explained that pursuant to Minnesota Statute S435.193 and the City of St. Anthony's 11 assessment policy, persons who can prove that an assessment to their property would cause a 12 hardship, can defer the assessment. To qualify the applicant must be 65 years old or over, be 13 permanently disabled or the annual assessment exceeds 1% of their adjusted gross income. 14 The Finance Director has reviewed the necessary tax records of the three property owners 15 listed on the Resolution and all qualify for deferment of their assessment. The deferment will 16 be filed with Hennepin County and remain in affect until such time that the property title 17 changes or that a hardship no longer exists. 18 19 Motion by Marks, second by Enrooth to approve Resolution 97-041, re: deferring special 20 assessments for 1997 street improvement projects. 21 Motion carried unanimously. 22 VIL UNFINISHED BUSINESS. 23 A. Ordinance 1997-005, re: Professional Buildings as Permitted Conditional Use in 24 Commercial Districts ( 2nd Reading_). 25 Motion by Marks, second by Wagner to approve the 2nd reading of Ordinance 1997-005, 26 relating to permitted conditional uses in a "C" Commercial District; amending Section 27 1635.03 of the 1993 St. Anthony Code of Ordinances by adding (u) and (v). 28 29 Motion carried unanimously. 30 B. Ordinance 1997-007, re: Ground Signs ( 2nd Reading_). 31 Morrison explained this change is a recommendation of the Planning Commission. The 32 ordinance currently allows ground signs in residential areas and this was not the intent of the 33 ordinance when it was drafted. The proposed change will not allow ground signs in the R-1, 34 R-IA and R-2 districts with the exception of school, some publicly owned facilities, churches, 35 temples, synagogues and City buildings. 36 37 Motion by Marks, second by Faust to approve the 2nd reading of Ordinance 1997-007, 38 relating to signs, amending Chapter 14 of the 1993 St. Anthony Code of Ordinances, Sections 39 1400.10 and 1400.12, Subd. 1(1) and 1400.12 by adding (4) (a) and (b). City Council Regular Meeting Minutes August 12, 1997 Page 12 1 Motion carried unanimously. 2 XI. ADJOURNMENT. 3 Motion by Enrooth, second by Wagner to adjourn the meeting at 8:41 P.M. 4 Motion carried unanimously. 5 Respectfully submitted, 6 Lorri Kopischke 7 TimeSaver Off Site Secretarial 8 9 Mayor 10 ATTEST: 11 City Clerk