HomeMy WebLinkAboutCC MINUTES 11291994 Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1994
Document: CC MINUTES 11291994
1 CITY OF ST. ANTHONY
CITY COUNCIL SPECIAL COUNCIL MEETING MINUTES
4 NOVEMBER 29, 1994
5
6
7 I. CALL TO ORDER/ROLL CALL.
8 The meeting was called to order at 6:30 P.M. by Mayor Ranallo.
9
10 II. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
12 Also Present: Michael Mornson, City Manager; City Attorney, William Soth; and Public
13 Works Director, Larry Hamer.
14
15 III. DISCUSSION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW).
16 Mayor Ranallo reported that the purpose of this special City Council meeting was to
17 decide if it is necessary to complete the Environmental Assessment Worksheet. He
18 stated that the City Attorney had been working on the issue since the last meeting of
19 November 22, 1994. He reported that residents on Silver Lake have proposed eleven
20 items which they would like resolved. He stated that there was a meeting held yesterday
21 between Dennis Cavanaugh, C. G. Rein, and the representatives of Silver Lake
22 Homeowners Association. Cavanaugh has agreed to a number of items on the list but
23 not all items were agreed upon. The city has been asking the Home Owners Association
to withdraw their petition. The next step in the process would be to go to the Rice
49 Creek Watershed District and ask for a ruling giving CUB Foods and Knox Lumber
26 permits to start construction.
27
28 Dennis Cavanaugh, C. G. Rein Co., thanked the City Council for having this special
29 meeting. He then introduced Bob Beduhn, Barr Engineering, to present the proposed
30 drainage plan that has been presented to the neighbors.
31
32 Bob Beduhn, Barr Engineering, presented a sketch of the original proposition of the
33 drainage plan for Apache Plaza. The original proposal was for a three pond system.
34 The first pond would treat the storm water in the area of the proposed CUB Foods
35 parking lot. The second pond would treat the storm water by New Market and the
36 employee parking lot and CUB Foods loading dock area. The third pond would treat
37 the run-off of Knox and Herbergers. In addition to the proposed ponds, there was a
38 supervised maintenance agreement. This agreement included sweeping of the parking
39 lot, maintenance of the ponds and daily inspection of the parking lot. The City of St.
40 Anthony will oversee the maintenance efforts. The proposal has since been tabled and
41 Barr Engineering was told to redevelop the plans to something that would be agreeable
42 with the residents on Silver Lake and the Rice Creek Watershed District.
43
44 Beduhn presented the alternative proposal for the drainage plan at Apache Plaza. The
45 main focus of the new plan was that 100% of the parking lot area of Apache Plaza would
receive some form of water quality treatment. The proposed pond by CUB Foods and
also by New Market would stay the same in this plan. The third proposed pond would
48 be increased in size and incorporate the same area. In addition to increasing the third
City Council Special Meeting Minutes
• November 29, 1994
Page 2
1 pond, this plan provides for several filter strips in the grassy areas by Silver Lake Road,
2 to further treat the run-off. The first filter strip, a small area, will route the run-off into
3 a catch basin where the large trash and sediments will be removed and the water will
4 then go into the storm sewer system. The second filter strip, a larger area, is equipped
5 with three water quality manholes. The trash, oil and large sediments will be removed
6 and the water will then go to the storm sewer system. The last filter strip will be located
7 by the bank. There is not much room in the area so they have installed an oil, grit
8 chamber to remove debris and coarse items. This is the best drainage plan possible due
9 to the site constraints. It provides a significant addition in water quality treatment in
10 comparison to the first proposed drainage plan. The drainage plan is of higher quality
11 than ever conceived when the project was started.
12
13 Jim McNulty, St. Anthony resident, asked what a filter strip was and how the trash, oils
14 and sediments are removed.
15
16 Beduhn explained that a filter strip is a wide flat area of medium length grass,
17 approximately six inches high and the strip is four to five feet wide. The strips are
18 designed to treat run-off from small storm events. The water flows over these areas and
19 the sediments are trapped.in-the grass. Filter.strips are similar to road side ditches that
0 are used in rural areas. -The-sediments accumulate and build.up in,-,the grass. When the
1 sediment reaches a certain percentage,-the area is then excavated and reseeded. It is
22 similar to the pondage system, whereas the ponds are allowed to fill up to 75% of
23 original volume and are then cleaned out. The developers have submitted a maintenance
24 agreement in which they will survey,the ponds.yearly and then report the status to the
25 city. Another addition to the new proposal is that the maintenance agreement has been
26 strengthened. It will now include weekly sweeping of the parking lot at Apache Plaza
27 and the developers will be required to report to the city on a quarterly basis.
28
29 Greg Carluca, St. Anthony resident, asked what the additional cost of the alternative
30 proposed plan would be.
31
32 Beduhn reported that the water quality manholes would be an additional $40,000 to
33 $50,000. The expansion of the third pond would be an additional $35,000.
34
35 Councilmember Marks stated that it appeared in the report that Barr Engineering had
36 prepared for the City Council, that the phosphates going into Silver Lake from Apache
37 Plaza parking lot would actually be reduced from what they presently are. He asked if
38 there was an estimate of how much phosphate was actually being contributed into Silver
39 Lake from the Apache Plaza parking lot.
40
41 Beduhn reported that Terry Noonan had prepared a report on the load of phosphorous
402 that was going into Silver Lake from the Apache Center parking lot. According to
3 Noonan, Apache Plaza currently contributes 14% of the load of phosphorous into Silver
44 Lake per year. With the proposed drainage plan, that number will be reduced by 5%.
City Council Special Meeting Minutes
. November 29, 1994
Page 3
1 Apache Plaza will only contribute 9% of the phosphorous load into the lake. He stated
2 that this was a significant reduction.
3
4 Councilmember Enrooth noted that 91% of the phosphorous would still be coming from
5 other areas.
6
7 Bob Johnson, St. Anthony resident, commented that there are being improvements made
8 in other areas also, such as Wexfurd Heights and the Salvation Army Camp. He stated
9 that Ramsey and Anoka County were making improvements to the water quality of the
10 drainage into the lake.
11
12 Shirley Speka, St. Anthony resident, asked if the Apache Plaza project was indeed going
13 to go through. She commented on all the talk she has heard about Silver Lake. She
14 stated that she works for the Food and Drug Department and has seen some test results
15 that indicate that the water in the lake has a high level of phosphorous. She asked if the
16 project was going to start in the spring.
17
18 Ranallo stated that if the city is able to get the project going, there will be improvements
19 made to the water quality of Silver Lake.
0 City Attorney Soth stated that the_city has.to determine-whether to require an EAW to
22 be prepared or to deny the petition. He stated that.a_petition has been submitted
23 requesting an EAW. The City of St. Anthony has been appointed as the Responsible
24 Governing Unit by the Environmental Quality Board. It is now for the city to decide if
25 an EAW is required. -:The owners of Apache Plaza have submitted materials:to support
26 that an EAW is not necessary. This means that there are no significant environmental
27 effects due to the redevelopment and proposed drainage plan. Soth reported that he has
28 submitted a letter to the City of St. Anthony concerning these matters and that he
29 concludes that there is not a sufficient basis for the city to require that an EAW be
30 completed. He stated that he has prepared a resolution to that effect. He advised that
31 the Council pass the resolution with certain findings set forth in support of the
32 resolution. He stated that if the Council does not approve the resolution, they then need
33 to approve the EAW and begin the preparation.
34
35 Ranallo asked what the cost and amount of time would be involved in preparation of an
36 EAW.
37
38 City Manager Morrison reported that he had conferred with two engineering firms, Barr
39 Engineering and Rieke Carroll Muller Engineering. They both stated that the
40 preparation of the EAW itself was not costly. It is responding to the public questions
41 that is time consuming and costly. He reported that the process can take from 90 to 120
days. The cost can be as much as $40,000.
44 Marks stated that in trying to do this project, the city is not only trying to effectively
45 renovate Apache Plaza into a viable business place but also effectively take care of the
City Council Special Meeting Minutes
• November 29, 1994
Page 4
1 run-off from the parking lot. There has been substantial improvement made in the
2 drainage system proposed for this project. He determines from the literature he has
3 received from Barr Engineering and other sources that there is no significant impact to
4 the environment. He stated that there is in fact less ground cover now and that the
5 water quality of Silver,Lake would improve with the project.
6
7 Motion by Marks, second by Wagner to adopt Resolution 94-057, Denying the Petition
8 for Preparation of an Environmental Assessment Worksheet (EAW) for Renovation of
9 Apache Plaza.
10
11 Ranallo reported that only 35-37 residents had signed the petition that had been
12 presented. He then read aloud the resolution that had been prepared by the City
13 Attorney as follows:
14
15 Resolution Denying the Petition for Preparation of an Environmental Assessment
16 Worksheet (EAW) for Renovation of Apache Plaza.
17
18 WHEREAS, a,Petition-was duly filed on November.9, 1994,_with.the
19 Environmental Quality,-Board of the.State--of;Minnesota (EQB) by the required number
of petitioners requesting that.an environmental assessment-worksheet-(EAW) be
it prepared for the renovation,of-Apache--Plaza,proposed_as Rice lCreek Watershed District
22 permit application No. 93-32; and
23
24 WHEREAS, pursuant to Minnesota-Rules-.regarding the preparation of EAWs, by -
25 letter dated November 18, 1994 the EQB has appointed the City of St. Anthony as the
26 Responsible Governmental Unit (RGU) to determine the need for an EAW;--and
27
28 WHEREAS, the City Council of the City of St. Anthony, pursuant to Minnesota
29 Rules and the direction of the EQB, has as the duly appointed RGU, examined the
30 allegations set forth in the Petitioner's Petition; and
31
32 WHEREAS, the Apache Plaza project is not a new facility, and the renovation
33 and repairs of Apache Plaza will result in a reduction (not an expansion) of net floor
34 space of approximately 40,800 square feet, such that the project is below the thresholds
35 for the mandatory EAW and environmental impact statement (EIS) categories set forth
36 in Minn. R. 4410.4300, subpt 14(B) and 4410.4400, subpt. 11(B); and
37
38 WHEREAS, after consideration of evidence presented by the petitioners,
39 proposers, city staff, and other interested parties, together with the testimony presented
40 at the regularly scheduled City Planning Commission meeting of November 15, 1994 and
41 the City Council meetings of November 22, 1994 and a special meeting of November 29,
1994, the City Council has determined that the evidence presented does not demonstrate
10 that the Apache Plaza renovation may have the potential for significant environmental
44 effects; and
45
I
City Council Special Meeting Minutes
November 29, 1994
Page 5
1 WHEREAS, the City Council specifically finds that:
2
3 1. Apache Plaza has been present for more than twenty years;
4 2. No additional impervious surface area will be added as part of the
5 renovations;
6 3. The construction work itself is not expected to have an environmental
7 effect;
8 4. Stormwater run-off management efforts to be undertaken by the proposer
9 as part of the renovation will improve environmental quality in the vicinity
10 of the project as compared to the existing conditions, as described in the
11 November 28, 1994 Barr Engineering Co. Memorandum;
12 5. Any impacts are minimized by the limited degree of magnitude of the
13 project in that Apache Plaza will be reduced (not increased) in size by this
14 project;
15 6. Maintenance operations by Apache Plaza, Ltd. described in the Stormwater
16 System Maintenance Agreement will reduce or eliminate impacts:over time
17 during the life of the project;
18 7. Related future renovations or repairs have been taken into account and will
19 be mitigated by stormwater run-off management efforts described in the 'N=
November 28, 1994 Barr Engineering.Co. memorandum; other future
it projects are not currently anticipated; and
22 8. The City of St. Anthony, Rice Creek Watershed District, and the
23 Minnesota Pollution Control Agency will retain regulatory authority to
24 address any.future water quality issues in relation to Silver Lake and the - -
25 watershed associated with Apache Plaza.
26
27 As a record of its decision, the City Council includes the following information: this
28 resolution, the plans, the November 28, 1994 Barr Engineering Co. memorandum, the
29 Stormwater System Maintenance Agreement, the EAW petition, and all testimony and
30 materials submitted at the City Planning commission meeting of November 15, 1994 and
31 City Council meetings of November 22, 1994 and November 29, 1994.
32
33 WHEREAS, because the ordinances of the City of St. Anthony, together
34 with the required review and permitting processes of other agencies, including, but
35 not limited to the Rice Creek Watershed District, provide the necessary review
36 regulation and protection or mitigation measures to evaluate the appropriateness
37 of the proposed Apache Plaza renovation, the City Council has determined that
38 an EAW is unnecessary.
39
40 NOW THEREFORE, BE IT RESOLVED, that the City of St. Anthony,
41 Minnesota, acting as the duly appointed RGU, hereby denies the Petition of an
EAW for the Apache Plaza renovation and directs the City Clerk to notify in
writing the proposer, the EQB, and counsel for petitioners of this decision.
44
City Council Special Meeting Minutes
November 29, 1994
Page 6
1 Doug Jones, St. Anthony resident, commented that the resolution noted that testimony
2 had been presented at the Planning Commission meeting of November 15th and also at
3 the City Council meeting of November 22nd. He felt that the information being
4 presented at those meetings did not pertain to the proposed drainage plan but to the
5 primary development of the project. He stated that he had not had an opportunity to
6 present his objections to the storm drainage proposal.
7
8 Ranallo stated that there was opportunity at the Planning Commission meeting. The
9 drainage proposal was the last item on the agenda and was open to public discussion at
10 that time.
11
12 City Manager reported that no public hearing was required for the Apache Plaza
13 drainage plan but that the public had an opportunity to speak for or against it at the
14 aforementioned Planning Commission and City Council meetings. He advised that there
15 were minutes that reflected this.
16
17 Jones stated that he had not had time to prepare. He again stated that he had not had
18 an opportunity to present his objections to the proposed drainage plan.
19
Councilmember Fleming stated:that SilverLake will be cleaner.with the proposed
project. She reported of-her attendance at both of the aforementioned meetings and
22 stated that there was opportunity for the public to speak at both.
23
24 Bob Johnson, 28 year.St. Anthony resident, thanked the Mayor for_trying to resolve this
25 issue. He stated that he was a member of the Committee formed by the Silver Lake
26 Homeowners Association and that the entire Association would like to see the project go
27 forward. Their only concern is that they want a clean lake.
28
29 Charles Finn, 2709 Silver Lane, objected to the stated amount of net floor space as
30 presented in the resolution. The resolution states a net floor space of 40,800 square feet.
31 Finn stated that if Knox Lumber is included in the calculations, the net floor space would
32 be 205,000 square feet and would make an EAW mandatory. He stated that after
33 construction is completed Apache will be increased by 70% rather that the less than 50%
34 as stated in the resolution. He stated that the roof run-off and 70% of the parking lot
35 are still not being addressed in the drainage plan. He also stated that further projects
36 are a possibility and have even been discussed at prior meetings.
37
38 Jim McNulty thanked the city for their efforts at making this project a success. He feels
39 that without this project St. Anthony will have nothing. He believes that the project will
40 really help Silver Lake. He stated that he thinks that some people really don't care
41 about the quality of the lake, they only want to stop the project.
Ranallo stated that the city has been working on the Apache Plaza project for three
44 years now. When the project was started, the city was working under the regulations
45 which were in place at that time. He stated that without Apache Plaza, there would be
City Council Special Meeting Minutes
November 29, 1994
Page 7
1 no schools in St. Anthony, as the residents could not afford to fund the schools. When
2 the project started, Apache Plaza was valued at 6.1 million dollars. As of this date, the
3 value has dropped to 5 million dollars and will continue to drop until it reaches bottom.
4 If this would happen, it would be unsure, who would buy the property and what it would
5 be used for. He stated that there have been a lot of complaints that the city staff is not
6 doing anything for St. Anthony. The city is trying to do something now, but the residents
7 are stopping them. Ranallo stated that CUB Foods and Knox Lumber are Fortune 500
8 companies. He reported that CUB Foods and Knox Lumber have both expressed the
9 desire to begin construction on the project. He recommended that residents attend the
10 Rice Creek Watershed District meeting Wednesday, November 30th and support the
11 proposed Apache Plaza drainage system.
12
13 Geraldine Chanessey, St. Anthony resident, stated that she feels Apache Plaza, as it is
14 now, is an added crime area. She stated that she has tried to go shopping at Apache in
15 the evening and has seen as many as twelve teenagers loitering near the old Montgomery
16 Wards area. It has frightened her so, that she drives around to the other side of the mall
17 because she is afraid to get out of her car. She has experienced this at least six times.
18
19 Enrooth called for the question.
16 Motion carried unanimously.
22
23
24 V. ADJOURNMENT.
25
26 Motion by Marks, second by Enrooth to adjourn the meeting at 7:05 P.M.
27
28 Motion carried unanimously.
29
30
31 Respectfully submitted,
32
33 Lorri Kopischke
34 TimeSaver Off Site Secretarial
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39 Mayor
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4k ATTEST:
44 City Clerk
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