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HomeMy WebLinkAboutCC MINUTES 12031985 ;1 . 1 Meeting Sheet 101788 .t Box: 21 Folder: CC MINUTES AND AGENDAS 1985 Document: CC MINUTES 12031985 �f CITY OF ST. ANTHONY • COUNCIL MINUTES December 3, 1985 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Sundland, Marks, Ranallo, Enrooth, and Makowske. Also present: David Childs, City Manager. The November 26th Council minutes were deferred to their next meeting, December 17th, to give the Council members more time to read them. Motion by Councilmember Marks and seconded by Council member Enrooth to approve payment of the billing for' $26,813.15 from the Metropolitan Waste Control Commission. Motion carried unanimously. The Planning Commission' s regularly scheduled meeting on the 17th had been rescheduled to the previous evening in order that the Commissioners could act on the Arkell Development request for an amendment to the Development Concept Plan for the Kenzie Terrace Redevelopment Project under the P.U.D. Ordinance so Housing Redevelopment Bonds could be issued for the project before passage of federal legislation which, it was presumed, would alter the nature of the housing and tax increment bonds • deemed necessary to make the project economically feasible. Brad Bjorklund reported the summation of motions from the December 2nd meeting of the Planning Commission, indicating he perceived they accurately reflected the sense of the Commission pertaining to the Arkell request and, with some clarification in wording, the other matters the Commissioners had been requested to act on that evening. The amendment proposed for the final phases of the' Kenzie Terrace Project would allow the change of use from market rate condominiums to market rate elderly rental with the inclusion of resident service oriented commercial in the first phase. The Commission representative indicated that, with the exception of concerns he and Commissioner Madden had about inclusion of the commercial in the project, the general consensus of the Commission had been that the change in housing would be an accurate reflection of changes in the market since the original proposal had been approved several years ago. When their motion to eliminate the commercial failed, Commissioner Bjorklund indicated, he and Commissioner Madden had voted in the affirmative for the entire change because they were in agreement with the Planning Commission Chair's statement that the Commission would not want to hinder the developers' ability to proceed with the project, which would be good for both the City and that particular area. Steve Yurick and Gary Tushie of Arkell Development were present to discuss their request and Mr. Yurick indicated he agreed with Commissioner Bowerman 's suggestion the previous evening that the commercial , for which the developers only had tentative plans at this point, not become focal point of the project considerations because those amenities had been included in the project in response to suggestions from -2- persons looking at the Kenzington whose perception had been that the shopping center in that area did not provide enough services geared towards the older population • which would be living in that area when the housing redevelopment is completed. As he had told the Commissioners the previous evening, Mr. Yurick indicated. there had been some discussion about the possibility of the library relocating in the proposed commercial space and the developers had heard from prospective Kenzington buyers that they would like to see established in the area an eating place of the caliber some of them said was missing in St. Anthony. The developers themselves had perceived a card shop, a beauty salon, or general office space might provide for the residents' needs without their having to leave the premises, Mr. Yurick reported. Because Arkell 's experience had mainly been in housing, the developer told Councilmember Marks, they would never attempt the commercial themselves, but, rather, had four commercial contractors in mind who had indicated an' interest in developing that portion of the project. Mr. Yurick told Councilmember Ranallo it would not be economically feasible to split the commercial between the two buildings because financing to do so might be difficult to find. However, the developer indicated, Arkell would have no problem with the limiting of commercial to 33,000 square feet and he would not dispute the Councilmember's speculation that the final project might even have less than 300 units housing, even though Mr. Yurick said the demographics certainly supported that number of units at this time. Councilmember Ranallo indicated he perceived the developers would still retain the option of eliminating the commercial altogether and, with the 300 units proposed for these last two buildings, the 150 units in the Kenzington and 45 under construction • for Walker on Kenzie, the project total would remain at 495 units, as originally approved. The architect would be ascertaining whether Wilson Street was .a vacated street as had been assumed in the developers' sketch of the project site, Mr. Yurick said. He also told Councilmember Marks that, even though the focus of the market study for the Kenzie Terrace area had been for persons over 65, the 55 and over group had also been addressed and residents of that age would definitely be sought for ,this project. Councilmember Ranallo said the possibility that the market in ten years might have switched back to condominiums , should _pose no problem for this project since the developers have assured the City that the structural quality of the rental housing would be the same as had been proposed for the condominiums . In any event, the Mayor added, any further change in use would have to be returned for Council approval . Motion by Councilmember Marks and seconded by Councilmember Enrooth to accept the amendment to the Kenzie Terrace Redevelopment Concept Plan proposed by Arkell Development Company to allow the following changes in Phases IIB and III in accordance with plans filed with the City of St. Anthony: 1 . Change from condominiums Ca maximum of 300 units in 3 buildings ranging from 5-8 stories)_ to 55 and over senior market rental (.300 units in 2 buildings of 5 and 8 storiesl; and • 2. To include a maximum of 33,000 square feet of commercial space on the first floor of the first building. -3- In accepting these changes, the Council , as dial the Planning Commission, finds that : • 1 . The request for the change was precipitated by changing market conditions; 2. The information from the developers indicated there is a demographic market for rental property; 3. Requiring the developers to continue to be bound by the original P.U.D. Concept Development Plan would be burdensome and not in tune with today's market condi- tions, which could constitute a hardship for them; and 4. No member of the public, including the merchants from the adjacent shopping area, spoke against the changes during the December 2nd Planning Commission hearing, the Council consideration of the project, December 3rd, or to staff, prior to either meeting. Motion carried unanimously. As he read the Commission's motion recommending Council grant the variances necessary for META Operating Limited Partnership to proceed with their plans for remodeling and redeveloping the American Legion and gas station property adjacent to the Kenzington project, Commissioner Bjorklund suggested several changes in the wording of #2 pertaining to the expansion of non-conforming setback encroachment behind the gas station, which might better reflect the intent of the maker. These changes were accepted in the Council ' s motion of approval of the project. META's Vice President, Greg Gustafson, and the architect for the proposed project, • James R. Guttormson of Environmental Expressions, who had also attended the Com- mission hearing the previous evening, answered Council questions about their proposal . When Councilmember Makowske asked whether the Commission had taken any action related to the gas storage tanks, she had been told were still in the ground on the gas station property, Mr. Gustafson indicated his firm had made only a cursory inspection of the property they had acquired, but assured her that, if such tanks were in existence, they would be removed whether or not his firm was granted the variances for the project they had proposed. The developer also indicated META had only presumed that the walls of the existing Legion Club building could structurally support a third story, but, if the costs proved too prohibitive, a different decision might be necessary related to the development of that property. Mr. Gustafson discussed the drawings of th.e proposed project indicating the two buildings would be connected cosmetically with a roof architecturally similar to the Kenzington and a drive thru. He said the primary purpose for buying the two structures had been to clean up the area adjacent to the Kenzington and to provide ancillary and supportive services for the condominium project. No attempt had been made yet to find tenants for the new project, the developer indicated, but the first assumption had been that they might be professional offices because space would necessarily have to be quite expensive to offset META's costs of constructing a project as small as this one, which, Mr. Gustafson added, his firm would never have attempted if the property were not only 15 feet away from the Kenzington. Councilmember Ranallo commented, half in jest, that the City might even be able to use' the space. • Motion by Councilmember Ranallo and seconded by Councilmember Marks to grant the request from META Operating Limited Partnership, 7400 Metro Boulevard, Edina, for -4- the following variances in conjunction with the remodeling and redevelopment of the American Legion and gas station property at 2701-2709 Kenzie Terrace. • 1 . Parking space variance for no less than 48 parking spaces, to be provided no matter what future use develops on the site, in conjunction with the proposed commercial property being developed to use consistent with the approved ordinance uses for commercial property; and 2. To approve expansion of the existing non-conforming use with the setback encroach- ment behind the gas station property, recognizing that the proposed construction would not further aggravate that encroachment defined as the northwest corner of the existing service station building on said site. In granting these variances, the Council finds, as did the Planning Commission, that: 1 . The encroachment would be caused by the triangular dimensions_ of the site and it is perceived the owner should be given full consideration to properly develop this project within the confines of those difficult dimensions; 2. Structural difference of the portion of the building considered to be within the encroachment is vertical rather than horizontal ; 3. This request would be compatible with the previously approved Kenzington and Walker on Kenzie, as well as the upcoming senior rental project to be developed by Arkell , in the surrounding area; 4. It should be recognized that there is an alleged difficulty or hardship not created by persons presently having an interest in the parcel of land but rather • by the City Ordinance because the developers are ;attempting;to improve their property and to refuse their request to do so would impose an undue hardship on them; 5. By approving this request, the City would be eliminating excessive curb cuts to Kenzie Terrace; and "6. No one appeared in opposition to the variances at -either the December 2nd Planning Commission hearing or the December 3rd Council consideration of the matter. Motion carried unanimously. Commissioner Bjorklund read the Planning Commission's recommendation related to the change in signage requested for the Hardees Restaurant at 4000 Silver Lake Road, suggesting a few changes in wording as he read the motion. The Mayor congratulated the Commissioners on the thorough job they had done to assure that this sign would be constructed according to the Sign Ordinance which, he observed, had not always been the case with signage in that area. When Councilmember Enrooth questioned whether there might be a problem if the City granted an 11 -X 5 foot sign right next door to a Goodyear sign he perceived was "miniscule in comparison", Commissioner Bjorklund told him the question had also been raised during the hearing but the conclusion had been that a smaller, free standing sign might have been necessary to compensate for the amount of signage Goodyear had • on the building, which the Commissioner speculated might even have exceeded the '! -5- ordinance allowance. The Mayor recalled that had been the case because the store owners had been unwilling to reduce the signage on their building for a larger sign • in front. Charlene Johnson, a Hardees' owner, was present and indicated the franchise would be changing their signage to a more compact, narrower image which, hopefully, would be smaller than the sign she and her husband were now requesting to be erected in the spring. Motion by Councilmember Marks and seconded by Councilmember Ranallo to accept the Planning Commission's recommendation to grant Mr. and Mrs. Kenneth Johnson, 1927 Simpson Street, Roseville, a variance to the City Sign Ordinance which would allow the. construction of a 55 square foot per side, free standing, ground-hugging, monument type sign in lieu of the existing pylon roof sign of the same size on the Hardees Restaurant at 4000 Silver Lake Road. The sign, to be constructed on a two foot planter of masonry grade construction, with less than a foot of empty space between the planter and the sign for greenery; with the total sign height no more than 8 feet above grade.; and to be located east ofthe existing Hardees Restaurant building, as indicated on the site plan provided by the petitioners, which should also become part of this motion. In granting the variance to allow a commercial free standing sign, the Council finds, as did the Planning Commission, that: 1 . Precedents for granting similar variances for monument type signs had been established in the immediate vicinity for the St. Anthony Townhomes, Goodyear Tire Center, and Cadwallader.-.Realty, etc. ; 2. No significant opposition to the sign was expressed during the December 2nd • Planning Commission hearing, the Council 's December 3rd consideration, or to staff prior to .either meeting; and 3. The applicants have consistently f ol,lowed up on-earlier agreements they had with the City related to this property. Motion carried unanimously. Mr. Childs reported the owner of the Standard Station at 2812-27th.Avenue N.E. had contacted him to indicate,, '_�he had gotten dates mixed for the hearing on his request for a setback variance and subdivision without platting, which would enable him to make improvements he proposed to his property, which had been tabled by the Commission the previous evening. The Manager indicated Mr. Bona understood the matter would be brought up again in January. Commissioner Bjorklund concluded his report by addressing his own departure from the Planning Commission after seven or eight years of service on that board, which he indicated he had enjoyed very much. The Commissioner thanked the Council for the opportunity to serve-.and indicated that he "sees no major problems at all in the Council/Commission relationships" . As he had stated the previous evening, Commissioner Bjorklund reiterated that it had been his own personal observation that "the greatest competency exists -at the lowest local governmental level ", and, he noted, "conversely, the higher the level of government, the more incompetency seemed to be demonstrated" . The departing Commissioner said he perceived, "a great degree of competency" in the six members remaining on the Planning Commission which led him to expect, "things would go very well next year". The only criticism Commissioner Bjorklund said he had • over the years he had served, was that he would have preferred to see better staff enforcement, particularly .in regard to signage, policing of fences, building inspections -b- and maintenance, etc. , and problems with dogs" . However, -the Commissioner added, he realized "that type of enforcement costs a lot of money and the wishes of the • taxpayers have prevailed in that regard". In conclusion, Commissioner Bjorklund told the Council he would be glad to serve anytime he might be needed "on a spot basis". Mayor Sundland responded on behalf of the Council and the residents of St. Anthony by telling the Commissioner that the efforts and time he had put in during the time he served had not gone unnoticed but had been appreciated very much. The Mayor said the dedication all the Commission members had demonstrated over the years had been of great benefit to the Council and, he told Commissioner Bjorklund, "you have been a big part of that process because of your concern for your home and City". The Mayor added that the Council 's appreciation would be expressed in a more tangible manner in the spring. ' The Secretary indicated the Commissioners had the previous evening made a similar statement related to Commissioner Bjorklund's service which she had not included in the Summation containing only the motions she had perceived might require Council action. Councilmember Makowske reminded the Council that the Ramsey County League of Local Government's holiday banquet had been scheduled for December 18th. She also indi- cated she would be unable to attend .the planning meeting of the RCLLG Board of Directors where topics would be selected for 1986 meetings but would be happy to relay any suggestions the other Councilmembers might have in that regard. The general consensus was that a recent meeting devoted to the DWI laws and process had been excellent and one related to sentencing guidelines might be desirable. Councilmember Marks reported he had participated in government training sessions in Owatonna and at the University St. Paul campus and would be going to Brainerd the following day with a return to the St. Paul campus after that. The -Manager had distributed, as a point of information, copies of a November 27th request from the homeowners on County Road D, whose access to that roadway had been curtailed by the rebuilding project, to name the temporary frontage road the County had provided in front of their homes ANDANWAG STREET (first letters of those home- owners' namesl and for the City-to provide normal street maintenance for their new street. Mr. Childs indicated the matter had been taken care of. He. then confirmed that the Council would be meeting at 5:30 P.M. the next day for the purpose of selling the bonds for the Arkell senior rental housing project and again on December 17th for a regular Council meeting, followed by a_ short Housing-land Redevelopment Authority meeting. Motion by Councilmember Marks and seconded by Councilmember Makowske to adopt the resolution authorizing the agreement under which the City would provide winter maintenance on Hennepin County State Aid streets. RESOLUTION 85-052 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. . ANTHONY FOR ROAD MAINTENANCE • Motion carried unanimously. -7- Motion by Councilmember Ranallo and seconded by Councilmember Marks to adjourn the meeting at 8:20 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary y o r ATTEST: City Clerk •