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HomeMy WebLinkAboutCC MINUTES 08271996 Meeting Sheet ' IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioiooi Box: 19 Folder: CC MINUTES AND AGENDAS 1996 Document: CC MINUTES 08271996 J CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 AUGUST 27, 1996 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 Mayor 6 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 27, 1996 COUNCIL AGENDA. 12 Motion by Marks, second by Wagner to approve the August 27, 1996 Council Agenda as 1.3 presented. 4 Motion carried unanimously. 15 IV. APPROVAL OF AUGUST 13, 1996 COUNCIL MINUTES. 16 Motion by Marks, second by Wagner,to approve the August 13, 1996 Council minutes as 17 presented. 18 Motion carried unanimously. 19 V. LICENSES/PERMITS/PETITIONS. 20 Motion by Marks, second by Wagner, to approve the following licenses: 21 Heating License: 22 Riverside Mechanical, Spring Lake Park, MN/renewal .23 P.R.S. Mechanical, Inc., Minneapolis, MN/renewal 24 Green Mechanical, Inc.,New Hope/working at High School 25 General Heating &Air.Conditioning, Shakopee, MN/working at Arbors 26 Contractors License: 27 J.P. Sheehan Contracting, St. Paul,MN/working at Tires Plus 28 Frey Development, Inc., Minneapolis, MN working at Unocal 29 Adolfson& Peterson, Inc., St. Louis Park, MN/Cub Foods 30 Floyd E. Anderson Cement Contractor, St. Paul, MN/working at 2836 Roosevelt Street 40i NE 33 Motion carried unanimously. City Council Regular Meeting Minutes August 27, 1996 Page 2 1 Temporary 3.2 Beer Park Permit: 2 Motion by Wagner, seconded by Faust to approve temporary 3.2 Beer Permits for the following: 3 Central Park/Luckling Family Picnic/September 1, 1996 4 Central Park/Douglas Parker, Company Picnic/September 5, 1996 5 Voting on the Motion: 6 Aye: Enrooth, Faust, Wagner and Ranallo 7. Nay: Marks 8 Motion carried. 9 lo VI. PRESENTATION OF CLAIMS. 11 Motion by Marks second by Enrooth to approve the following claims: 12 A. Insituform Central. Inc. in the amount of$24,500.00. 13 B. Midwest Asphalt Corporation in the amount of$64,972.90 for final payment on 1995 14 street and watermain improvement project. 15 C. Rieke Carroll Muller Associates. Inc. in the amount of$4,000.00 for 1997 street and 16 watermain improvement feasibility report and in the amount of$2,270.39 for 1997 street '108 and watermain improvement project during the month of July. D. 4 pages of Verified Claims asresented b the Finance Director. P Y 19 Motion carried unanimously. 20 Councilmember Wagner asked where Instituform Central, Inc. was used. Mr. Morrison replied 21 on 36th Avenue 22 VII. REPORTS. 23 A. Planning Commission-August 20, 1996 24 25 1. Arnold Gregory (The Arbors). Old Highway 8: subdivision of property and 26 replatting request 96-12) 27 Planning Commission Chair Bergstrom was present representing the Planning 28 Commission. Mr. Bergstrom reported that the petitioner requested that Block 2 and 4 of 29 Auditor's Subdivision 377 be subdivided in order to replat. The replatting would 30 accommodate revised construction plans to build six townhomes with master bedrooms 31 on the main floor. In order to accomplish this, the revised master bedroom plans require 32 additional floor area on the lower level that eliminating one unit in each of the two 33 buildings would provide. If the request is approved, it would lessen the density of the 34 project which would reduce traffic and noise in the development. The petitioner feels this reduction in the density would be a benefit to neighboring properties. Staff recommends approval. The Planning Commission recommends Council approve the request for the City Council Regular Meeting Minutes August 27, 1996 Page 3 subdivision with a change in the configuration of Building 2 and Building 4 from four 2 units to three units, the footprint of Building 3, and reconfiguration of the parking. 3 Mr. Arnold Gregory was present to address questions of the Council. Council is 4 requested to approve preliminary and final plat this evening. 5 Motion by Marks, second by Enrooth to approve the preliminary plat for subdivision of 6 property for Arnold Gregory,Arnold Development, Auditors Subdivision 377, Blocks 2 7 and 4, Old Highway 8, changing the configuration of Building 2 and Building 4 from four 8 units to three units,the footprint of Building 3, and reconfiguration of parking. 9 10 Motion carried unanimously. 11 Motion by Marks, second by Enrooth to approve the final plat for subdivision of property 12 for Arnold Gregory, Arnold Development, Auditors Subdivision 377, Blocks 2 and 4, 13 Old Highway 8, changing the configuration of Building 2 and Building 4 from four units 14 to three units, the footprint of Building 3, and reconfiguration of parking. 15 Motion carried unanimously. 2. Bruce Nedegaard. for lot on Fordham Drive,• variance request for non-conforming 17 R-1 lot(96-13) 18 Mr. Bergstrom reported that the Petitioner is requesting a variance for lot area and size 19 for his property located at Outlot C, Fordham Drive. Originally, this property was to be 20 replatted along with the property at 3929 Fordham Drive owned by Tom and Diane 21 Schroeder in order to make both properties conforming residential lots. As a result of the 22 City amending its lot coverage ordinance, Mr. and Mrs. Schroeder later decided to 23 remodel their current residence, leaving Mr. Nedegaard with a residential lot that is not 24 buildable because it does not meet the City's ordinance regarding lot size and area. 25 Currently the lot is 67.51 feet in width and 8,766.3 square feet. The City's ordinance 26 requires that a buildable residential interior lot be 75 feet wide and 9,000 square feet. 2 7 Outlot C requires a variance of 7.49 feet in width and 223.7 square feet. 28 29 Staff recommends that this request for a lot area and size variance be approved. It is the 30 Staff s opinion but for the untimely amendment to the lot coverage ordinance, Mr. 31 Nedegaard would have had a conforming residential lot. The amending of this ordinance 32 caused Mr.Nedegaard an unforeseen hardship by limiting his ability to develop this lot. 3.3 The Planning Commission recommends Council approve the request for a lot area and size variance of 7.49 feet in width and 223.7 square feet for Bruce Nedegaad,Nedegaard Construction, Outlot C, Fordham Drive as amended to include, "Strict enforcement 36 would cause undue hardship not created by the landowner due to the lot size and the City Council Regular Meeting Minutes • August 27, 1996 Page 4 1 City's change in Code contributed to the cause of not being able to build using a 2 conforming lot." 3 Motion by Marks, second by Enrooth to approve the variance request for a non- 4 conforming lot on Fordham Drive, for 7.49 feet in width and 223.7 square feet(96-13) 5 applied for by Bruce Nedegaard,Nedegaard Construction. 6 Motion carried unanimously. 7 3. William Hedberg for 2509-30th Avenue NE. variance requests for side yard 8 setback(96-11) 9 Mr. Bergstrom reported that the Petitioner has submitted an application for a side yard 10 setback variance of 5 feet in order to construct a 20 foot by 24 foot 2-car garage that will 11 be attached to the east side of their home. Currently the owners have a single car garage 12 that sets back from the house and five feet from the property line. The proposed attached 13 2-car garage would sit in front of the existing single car garage. The variance is needed 14 because the west side of the house sits five feet from the property line as well. The 15 combined side yard setbacks for this property is 10 feet; the City Ordinance requires a 16 combined total of 15 feet for side yard setbacks. 17 The owners have indicated that they had a need for the additional garage space and that 18 attaching it to their home would provide security to them both from the weather and 19 possible criminal activity that might be directed at them because of their age. Their 20 proposed attached double car garage would have two doors, one in front and the other in 21 the back so that they would have access to the existing garage that will sit behind the 22 proposed garage. The existing garage will.be used to store equipment. 23 Staff has received several telephone calls and a signed petition from neighbors in 24 opposition to the proposed construction. A letter from the owner's immediate neighbor to 25 the east was also received stating they are concerned with the potential loss of visibility 26 as a result of this project. Many were also concerned about what it would look like with 27 two garages on the same property. They felt something could be constructed that would 28 meet the owner's needs and be acceptable to the neighbors. 29 Staff recommends the request for a five foot variance to the side yard setback be denied 30 based on the amount of neighbor opposition presented. 31 The Planning Commission recommends denial of the request for a setback as the 32 Commission is unable to demonstrate an undue hardship, there are no physical 33 characteristics of the land, no extraordinary circumstances exist and the City Ordinance for this lot pertains to all other lots in the area and does not cause the problem. City Council Regular Meeting Minutes • August 27, 1996 Page 5 1 Mrs. Evelyn Hedberg, 2509 30th Avenue, stated her husband is a certified handicapped 2 person by the State and he may require a wheelchair in the future. They need the attached 3 garage to make moving him around easier. She stated many of the people who signed the 4 petition already have attached garages and don't understand the lack of security the 5 Hedberg's are feeling. 6 Councilmember Marks stated the Council cannot approve the variance unless a hardship 7 is determined. He asked if a garage could be built without a variance. Mrs. Hedberg 8 stated a two car garage cannot be built without a variance and they need the two car 9 space. She-stated she pays taxes and should be able to have a double garage like 10 everyone else. 11 . 12 Motion by Faust, second by Wagner to deny the request for variance request for side yard 13 setback at 2509-30th Avenue NE, applied for by William and Evelyn Hedberg, based on 14 the inability of the Council to demonstrate an undue hardship,there are no unusual 15 physical characteristics of the land, no extraordinary circumstances exist, and the City 16 Ordinance for this lot pertains to all other lots in the area and does not cause the problem. 17 Motion carried unanimously. • 4. Michael Miller, for St. AnthonyHealth Care Center: requests for the followin 19 96-10 20 a. Conditional Use; 21 Mr. Bergstrom reported that the Petitioner has filed an application for a Conditional Use 22 Permit in order to build an addition to the St. Anthony Health Care Center that will 23 expand the size of the nursing home and assisted living health care center. The proposed 24 addition will have two floors which will add 16,000 square feet for the nursing home and 25 another 16,000 on the second floor for assisted living units. The proposed conditional 26 use is a use that is specifically listed in the City's Zoning Ordinance as permitted in this 27 zoning district. 28 The owners recently received approval from the State of Minnesota to expand the size of 29 the facility so as to accommodate the construction of 2-bed rooms that will replace the 30 current 4-bed rooms. The approval is required before any nursing home facility can 31 expand and it was determined by the State that St. Anthony Health Care Center was most 32 in need of expanding by assigning their application first priority. The facility will not be 33 increasing the number of beds, only the number of rooms, which will provide more 34 livable space and privacy to the residents of the facility. The Planning Commission recommends approval of the Conditional Use Permit. City Council Regular Meeting Minutes August 27, 1996 Page 6 1 Motion by Marks, second by Wagner to approve the Conditional Use Permit request for 2 expansion of use of the St. Anthony Health Care Center contingent upon obtaining 3 approval of the parking setback variance, lot coverage variance, rear yard setback 4 variance, and side yard setback variance. 5 Motion carried unanimously. 6 b. Parking Setback Variance 7 C. Lot Coverage Variance 8 d. Rear Yard Setback Variance 9 e. Side Yard Setback Variance 10 . Mr. Bergstrom reviewed the Petitioner has filed an application for a 15 foot variance to 11 park in the sideyard setbacks at Foss Road and Chandler Drive. The ordinance requires a 12 30 foot setback when the sideyard is adjacent to the public right-of-way. Parking plans 13 have been submitted that show four parking spaces in the parking setbacks of Chandler 14 Place on Chandler Drive side and St. Anthony Care Center on the Foss Road side. The 15 Petitioner is requesting this variance because the expansion of the St. Anthony Health 16 Care Center will need a minimum of 144 parking spaces on site as required by the City's 17 parking ordinance. Showing parking spaces in the setback allows him to meet the 18 required number of spaces for his facility and proposed addition. The Petitioner feels that getting the variance to park in the setback is a better solution to the parking situation than asking for a variance that forgives the eight parking spaces. 21 Staff and the Planning Commission recommend the parking setback variance request of 22 15 feet be approved. 23 Mr. Bergstrom further reviewed the Petitioner has filed an application for a 25 foot 24 variance to the City's Rear Yard Setback Ordinance requirement. The variance to the rear 25 yard setback and side yard setback are necessary in order to complete the proposed 26 addition. If the variance requests are not approved, the St. Anthony-Health Care facility 27 will not be able to alleviate the crowding conditions that four beds to a room creates, 28 thereby causing an undue hardship to continue to exist. 29 Staff and the Planning Commission recommend approval of the variances. 30 31 Motion by Marks, seconded by Faust,to approve the parking setback variance request of 32 15 feet. 33 Motion carried unanimously. 34 Motion by Faust, seconded by Enrooth, to approve the lot coverage variance to allow 56% lot coverage for the St. Anthony Health Care Center. 36 Motion carried unanimously. 37 Motion by Enrooth, seconded by Wagner, to approve the rear yard setback variance 38 request of 25 feet. City Council Regular Meeting Minutes August 27, 1996 • Page.7 1 Motion carried unanimously. 2 Motion by Wagner, seconded by Enrooth,to approve the side yard setback variance 3 request 7 feet for the SW corner as it meets the following variance criteria: 4 1. Strict enforcement of the ordinances would cause undue hardship as the facility is 5 landlocked. 6 2. Unique circumstances as the expansion plan is designed to meet the existing 7 changing health care needs. 8 3. The lot coverage is not detrimental as long as it received approval of the Rice 9 Creek Watershed District. 10 4. Granting of the variance will keep the spirit of the zoning process to help 11 redevelopment of the community,create jobs and keep St. Anthony vigorous. 12 5. Granting of the variance will not alter the character of the area. 13 Motion carried unanimously. 14 Mr. Bergstrom stated four bids have been received and the Planning Commission is in the 15 process of interviewing for a consultant for the Comprehensive Plan. 16 Mr. Bergstrom stated the Planning Commission would like to encourage the Council to work with Ramsey County on updating the bridge over the railroad tracks. He hopes the City has the opportunity to participate in the design enhancement of the bridge. Councilmember Enrooth 19 stated if the City participates it will also include financial participation. Mayor Ranallo noted the 20 County has been very easy to work with on other projects. 21 Faust thanked the Planning Commission for its hard work. 22 Mike Miller thanked the Council for consideration of his requests for the St. Anthony Health 23 Care Center. He stated they will hopefully receive Rice Creek Watershed approval soon and 24 should be applying for a building permit within 6 weeks. They are hoping to get a HUD 25 guaranteed loan on this project also. 26 B. City Councilmembers -None. .27 C. Mayor 28 Mayor Ranallo stated he attended a wrap-up meeting on Village Fest. He stated both Co-chairs 29 feel they should step down. The question was raised if the City could help a little more as it is a 30 burden for volunteers to take off work on Friday and work all day on Saturday and Sunday. The 31 next Village Fest is scheduled for August 2, 1997. 32 Councilmember Enrooth stated the biggest issue is for additional assistance from the City in setup and take-down. It may be something the City maintenance department could assist with. 16 Councilmember Enrooth suggested the survey of participation be updated for Village Fest. 35 Mayor Ranallo stated the volunteers would continue to help with set-up and take-down but they 36 would like a city employee to provide continuity. City Council Regular Meeting Minutes August 27, 1996 Page 8 • D. Ci y Manager 2 City Manager Mornson reported $18,000 was received for the CUB project building permit. He 3 stated building permit revenues are higher than last year. 4 Mr. Mornson noted the September 10 Council Meeting will begin at 8:00 P.M. Councilmember 5 Enrooth stated he would not be in attendance. 6 VIII. PUBLIC HEARING -None. 7 IX. NEW BUSINESS - 8 A. Resolution 96-046. re: Lease for space in new Community Center for Community 9 Services. 10 Mr. Mornson stated the lease has been worked on for some time. The School Board approved it 11 at their last meeting. Mr. Soth has suggested some changes that will be considered again by the 12 School Board. Mr. Soth stated it will be a six month lease to be renewed June.1 for 12 months. 13 It is suggested that the term would be extended to 12 months. 14 Mayor Ranallo requested that after School Board approval, staff should bring the agreement back 15 for Council approval. Motion by Wagner, seconded by Enrooth to table consideration of Resolution 96-046, approving 17 lease for space in new Community Center for Community Services until approved by the School 18 Board. 19 Motion carried unanimously. 2o B. Discussion of Lease between City and Ste. Marie Company: re: SAV II Liquor Store addition to 21 Tires Plus. 22 Mr. Soth stated he has many comments on their first draft and will be completing another draft 23 making those changes. No action of Council is necessary at this time. 24 IX. UNFINISHED BUSINESS -None. 25 XI. ADJOURNMENT. .26 Motion by Marks second by Enrooth to adjourn the meeting at 8:10 P.M. 27 Motion carried unanimously. Respectfully submitted, 29 Debbie Wolfe 30 TimeSaver Off Site Secretarial City Council Regular Meeting Minutes August 27, 1996 Page 9 • 1 2 Mayor 3 ATTEST: 0,6� 4 City Clerk •