HomeMy WebLinkAboutCC MINUTES 09241996 Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1996
Document: CC MINUTES 09241996
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 SEPTEMBER 24, 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 and City Attorney William Soth.
10 Councilmembers Absent:None.
11 III. APPROVAL OF SEPTEMBER 24, 1996 COUNCIL AGENDA.
12 Motion by Marks, second by Enrooth to approve the September 24, 1996 Council Agenda with
13 the following changes:
14 Under VI. Presentation of Claims. add: C. Bill Bruce A/V Design& Production- $475.00
15 Motion carried unanimously.
'P7 IV. APPROVAL OF SEPTEMBER 10, 1996 COUNCIL MINUTES.
Motion by Faust, second by Marks to approve the September 10, 1996 Council minutes with the
18 following changes:
19 Page 4, Line 30: Replace"legends"with"Legends".
20 Motion carried unanimously.
21 V. LICENSES/PERMITS/PETITIONS -None.
22 VI. PRESENTATION OF CLAIMS.
23 Motion by Marks, second by Wagner to approve the following claims:
24 A. Rieke Carroll Muller Associates in the amount of$11,714.60 for professional services
25 rendered July 28, 1996 to August 31, 1996 for 1997 Street/Watermain Improvements,
26 final design and bidding.
27 B. 5 pages of Verified Claims as presented by the Finance Director.
28 C. Bill Bruce A/V Design& Production in the amount of$475.00 for down payment for
29 supervision of installation of audio visual equipment City Hall/Community Center.
30 Motion carried unanimously.
VII. REPORTS.
A. Planning Commission- September 17. 1996.
City Council Regular Meeting Minutes
• September 24, 1996
Page 2
1 Chair Bergstrom was present to report on the recommendations made and actions taken at
2 the September 17, 1996 Planning Commission Meeting.
3 1. Realty Development Advisors, for Apache Plaza, Conditional Use Permit and
4 Sign Variance Requests.
5 Chair Bergstrom reported the Planning Commission held a Public Hearing for
6 consideration of a conditional use permit for Video Sales and Rental and sign variance
7 request for Lot 3, Block 1, Apache Plaza.
8 Bergstrom reported Realty Development Advisors, LLC has a pending agreement with a
9 nationally known video rental store for this site. Video rental is a permitted conditional
10 use in this commercial zoning district. The video store will not contain x-rated video
11 tapes. The Planning Commission unanimously recommended approval of the conditional
12 use permit for this use.
13 The Council discussed previous restrictions that had been placed on this type of
14 conditional use and determined that restriction of hours would not be relevant for a video
15 store in this location at this time.
16 Motion by Marks, second by Enrooth to approve a conditional use permit for a video
sales and rental store, Lot 3, Block 4, Apache Plaza based on the fact that the City
Ordinance allows the use as a conditional use in a commercial zoning district.
19 Motion carried unanimously.
20 Chair Bergstrom reported the Realty Development proposal contains an 8,500 square foot
21 building. The site will include 95 parking stalls,with City Code requiring 92 parking
22 stalls. Realty Development is currently negotiating with two tenants, including a video
23 sales and rental store and a bagel shop. The bagel shop will include a drive-up lane that
24 will be used for quick service. Realty Development is also negotiating with First Bank to
25 obtain a cross easement to allow access to the northwest corner of the site and improve
26 the traffic flow.
27 SuperValu has approved the location of the building as presented in the original drawings
28 submitted. However, Herbergers has not. Due to this, the location of the building has
29 been altered. The building is flipped over and pushed to the north. If an approval can be
30 obtained from Herbergers,the building will be placed in the original location as shown in
31 the drawings.
32 Bergstrom reported the proposal will include a ground sign along Silver Lake Road
33 which has been approved as part of the Comprehensive Sign Package for Apache Plaza.
The proposal also includes signage on the east, north and south sides of the building. The
signage on the east is permitted undercurrent Code as it faces Silver Lake Road. There
36 was some discussion at the Planning Commission meeting in regard to the signage on the
City Council Regular Meeting Minutes
• September 24, 1996
Page 3
1 south side of the building and whether the road that extends to the west from 39th
2 Avenue is a public or private road. The Planning Commission assumed that the road is a
3 public right-of-way and that the signage on the south side is permitted under current code.
4 The proposed signage on the north side of the building is not adjacent to a public right-of-
5 way and would require a variance. Bergstrom noted the proposed signage will not exceed
6 15% of the area of the wall to which the sign will be applied.
7 Faust asked if there was any guarantee that Realty Development would not return in the
8 future and request signage on the west side of the building.
9 Bergstrom stated Realty Development had not requested signage on the west side of the
10 building at the concept review or at the Planning Commission meeting.
11 The Council discussed previous restrictions that had been placed on this type of drive-up
12 window in the past and determined that these restrictions were not be relevant in this
13 location.
14 Faust asked if the City had received any comments from the residents in the townhomes .
15 across the street from the development.
Mayor Ranallo stated he had been in contact with the residents in the townhomes across
17 the street from the development and they have not expressed any concerns.
18 Motion by Wagner, second by Faust to approve the sign variance for business right-of-
19 way frontage on the north side of the proposed building, Lot 3, Block 4, Apache Plaza,to
20 accommodate the need for increased visibility for traffic going south bound on Silver
21 Lake Road and traffic in the retail center and based on the findings of the Planning
22 Commission as follows:
23 1. The hardship is not created by the owner but is due to traffic patterns and multiple
24 tenancy.
25 2. The condition is unique to the structure and redevelopment of the parcel itself.
26 3. It is in spirit of redevelopment of the site and is consistent with previous requests
27 and/or plans for redevelopment of the site.
28 4. The applicant will not require more sign surface area than what is allowable by
29 the City's wall sign ordinance.
30 Motion carried unanimously.
31 2. Ste. Mane Company, for Apache Plaza, Rear Yard Setback Variance and Sign
Variance Requests.
Chair Bergstrom reported that Ste. Mane Company, as owner of the property at Apache
34 Plaza Shopping Center, has applied for a rear yard variance request and sign variance
City Council Regular Meeting Minutes
• September 24, 1996
Page 4
1 request for a proposed Municipal Liquor Store,Lot 5, Block 1, Silver Lake Center
2 (Apache Plaza).
3 Bergstrom reported Ste. Marie Company has applied for a rear yard variance of 18 feet, 6
4 inches from the required setback of the west lot line of the Tires Plus site for an addition
5 they are planning to build. The City Ordinance requires that commercial buildings have a
6 rear yard setback of 20 feet. Bergstrom noted the proposed Municipal Liquor Store will
7 contain 8,300 square feet. The proposal includes 54 parking stalls, with City Code
8 requiring 50 parking stalls.
9 The variance is being requested because the construction of the addition is limited on the
10 site due to an interior driveway that runs parallel to the west property line and Silver Lake
11 Road that runs parallel to the site on the east. Because Silver Lake Road is designated as
12 a county road, the proposed addition is subject to county road setback requirements,
13 thereby limiting expansion to the east.
14 Also, City Ordinance restricts expansion in this direction because the proposed addition
15 must have a setback of 35 feet or a distance equal to the average of the front yard depths
16 of the two adjacent properties. The adjacent properties currently would include Taco
Bell, Tires Plus and First Bank. Pushing the addition toward Silver Lake Road would
41 encroach into the county setback and exceed the average of the front yard depths of the
19 adjacent lots.
20 At the Concept Review,the Planning Commission asked what was driving the orientation
21 of the building. It was noted that a 60 foot cooler was necessary for the success of the
22 store and was part of the reason the building was oriented in this way. It was also noted
23 that 8,000 square feet was an average size of this type of liquor store.
24 Bergstrom reported there had been some discussion at the Planning Commission meeting
25 in regard to the drainage on this proposal. Mr. Douglas Jones, 2505 Silver Lane had
26 inquired how this drainage will fit into the Master Storm Plan. Mr. Bruce Miller,
27 Westwood Engineering, who drafted the entire Master Storm Plan, had been present at
28 the meeting and had explained the drainage. Some of the drainage on the site will be
29 routed through a grit chamber and the rest of the drainage on the site will eventually be
30 routed to the two ponds to the south of First Bank. Bergstrom explained the Planning
31 Commission has in the past and continues to feel,that storm water drainage is the
32 regulatory domain of the Rice Creek Watershed District. The Commission does not
33 attach conditions of drainage on conditional use permits or variances but defers those
34 decisions to the Rice Creek Watershed District.
Mayor Ranallo noted two letters have been received since the Planning Commission
meeting. One from Ste. Marie Company and one from Opus. In response to the concerns
37 expressed at the meeting, both companies have written to "express our commitment to
City Council Regular Meeting Minutes
• September 24, 1996
Page .5
1 providing treatment of storm water discharges from this site consistent with the Master
2 Storm Water Management Plan and Rice Creek Watershed requirements. As stated at the
3 Planning Commission, the proposal to discharge untreated storm water into the Silver
4 Lake Road drainage system is temporary and has the preliminary approval of WMO staff.
5 It is the intent of Opus Northwest, L.L.C. and the Ste. Marie Company to re-route this
6 drainage into the internal storm water treatment system when development of Lot 4
7 occurs. We are actively seeking users for the Lot 4 parcel and anticipate presenting a
8 project for this site within the next calendar year." Mayor Ranallo stated this is a'
9 commitment on the part of both companies.
10 Mr. Douglas Jones, 2505 Silver Lane, stated he had heard the presentation given by
1 l Westwood Engineering and feels this is a good proposal. He also commended the
12 developer for the work done thus far at Apache Plaza. He stated his concern was that this
13 drainage plan was temporary and future owners of the Tires Plus building would not be
14 bound to the plan. Mr. Jones stated the drainage plan should be a condition of the
15 variance. He stated the parcel was less than 2.5 acres and fell below the required acreage
16 of land that would require Rice Creek Watershed jurisdiction or regulation of the site.
17 Marks asked if the drainage plan could be included in the motion with respect to the
variance.
19 City Attorney William Soth stated the drainage would be required by law if it was a
20 requirement of the Rice Creek Watershed District. The drainage is part of the plan that
21 the City is approving and is what the Rice Creek Watershed District is permitting,
22 therefore it is what governs. When Lot 4 is developed the City will not grant a building.
23 permit unless the drainage is changed as specified.
24 Morrison stated Kate Drewey, Rice Creek Watershed District has stated the District has
25 control of drainage on the site because it is part of the Apache Plaza development.
26 Mr. Soth stated this was correct, as this was not a freestanding development, but is a
27 parcel tied to the entire development with reciprocal and ponding agreements.
28 Faust asked if the aforementioned letters were considered to be legal documents.
29 Mr. Soth stated these letters demonstrate that Ste. Marie Company and Opus understand
30 the agreement. These letters are now part of the record.
31 Mr. Bruce Miller, Westwood Engineering, explained the drainage of the southwest comer
32 of the site will pass through a grit chamber and be tied into the trunk in Silver Lake Road
and eventually go to Silver Lake. The remainder of the drainage of the site will be
4k temporarily connected to Silver Lake Road. When Lot 4 is developed,this drainage will
35 be connected through Lot 4 and routed through the internal system to the new ponds. If it
City Council Regular Meeting Minutes
• September 24, 1996
Page 6
1 is economically feasible and possible, the drainage of the southwest corner may at a
2 future date, be connected to a proposed pond on Lot 7.
3 Motion by Faust, second by Wagner to approve the rear yard setback variance of 18 feet,
4 6 inches from the required setback of the west lot line for the proposed Municipal Liquor
5 Store, Lot 5, Block 1, Silver Lake Center(Apache Plaza) based on the findings of the
6 Planning Commission as follows:
7 1. It will not alter the essential character of the locality but will allow the site to be
8 redeveloped into a reasonable commercial use.
9 2. The hardship was not created by the owner but by the location of the site between
10 a county road right-of-way and an interior driveway through this shopping center.
11 3. The proposal is adding onto an incompatible use, a Tire Company.
12 4. No one appeared to speak against the proposal.
13 Motion carried unanimously.
14
15 Chair Bergstrom reported Ste. Marie Company is also requesting a sign variance for
16 proposed signage on the north side of the building which has no business right-of-way.
The proposed wall sign will not exceed 15%of the wall area to which the sign will be
applied. This will take advantage of the south bound vehicular traffic, as well as the
19 traffic on the Apache Plaza site.
20 Marks questioned if this request was being made for purely economic purposes and if
21 there was demonstration of a hardship.
22 Bergstrom stated the hardship was that this was a redevelopment of an existing site and
23 due to the traffic patterns.
24 Wagner noted this was similar to the sign variance granted for the video sales and bagel
25 shop site.
26 Motion by Faust, second by Wagner to approve the sign variance request for business
27 right-of-way frontage on the north side of the proposed Municipal Liquor Store, Lot 5,
28 Block 1, Silver Lake Center(Apache Plaza)to accommodate the need for increased
29 visibility for traffic going southbound on Silver Lake Road and traffic in the retail center
30 based on the findings of the Planning Commission as follows:
31 1. The hardship is not created by the owner but is due to traffic patterns and multiple
32 tenancy.
2. This condition is unique to the structure and redevelopment of the parcel itself.
49 3. It is in spirit of redevelopment of the site and is consistent with previous requests
35 and/or plans for redevelopment of the site.
City Council Regular Meeting Minutes
September 24, 1996
• Page 7
1
2 Marks questioned if the City Council had a conflict of interest in this proposal.
3 Faust stated if the Council had treated someone differently than themselves, there would
4 be room for criticism. However,this has not been the case.
5 Wagner again noted this was similar to the variance request of the video sales and bagel
6 store site.
7 Motion carried unanimously.
8 Mr. Jay Scott, Opus Corporation, stated both the CUB Foods Store and the video sales
9 and bagel shop site are planning to be completed in March of 1997. He reported there
10 have been some successful meetings with Herbergers. This is important as Herbergers
11 needs to play an active role and be a team player in development of the site.
12 3. Comprehensive Plan Consultant Update.
13 Chair Bergstrom reported in April of 1995, the Planning Commission began discussions
14 of updating the Comprehensive Plan. Since then, much energy and time has been spent
meeting with the department heads of the City,people in communities adjacent to the
it City and the Metropolitan Council. Bergstrom stated six proposals were sent out for a
17 Comprehensive Plan Consultant and four proposals were returned. The four companies
18 including Sanders, Wakes, DSU, and BRW,were then interviewed by the Planning
19 Commission. Upon vote,the Planning Commission consensus was to enter into a
20 contract for the Comprehensive Update with BRW. The prices of the proposals ranged
21 from $27,000 to $39,000.
22 Bergstrom stated the exact scope of the Update will be determined in the next few
23 months. He stated he would like a kick-off meeting to be scheduled for October 29, 1996
24 to include the Planning Commisison, City Council and Comprehensive Plan Consultant.
25 A task force could then be created which may include such people as 3 or 4 members of
26 the Planning Commission, 2 members of the City Council, City Manager and
27 Management Assistant, representatives of the School Board, the Churches, Homeowner
28 Associations,Industry, Commercial businesses, and a realtor. He felt the task force
29 should include approximately 15 members.
30 Morrison stated the contract for Comprehensive Plan Consultant would be on the agenda
31 of the October 8, 1.996 City Council meeting. He noted there will be several other
32 documents required to be encorpoated with the Comprehensive Plan Update that are not
33 included in this proposal and that will have an additional cost and utilize a different
consultant.
36 B. Councilmembers.
City Council Regular Meeting Minutes
September 24, 1996
• Page 8
1 Wagner apologized for not attending the library meeting on September 19, 1996.
2 Faust also apologized for not attending the library meeting. Faust reported his attendance
3 at a League of Minnesota Cities Meeting on Improving Fiscal Futures Policy. There will
4. be a position statement on property tax reform published after November. The position
5 statement will then be presented to the League of Minnesota Cities and the Fiscal Future
6 Policy Committee will then receive a copy of what was adopted to use as their blueprint
7 for communication with the Legislature.
8 Faust reported his attendance at the Silver Lake Camp Open House on September 15,
9 1996. He estimated that 1,200 to 1,500 people were in attendance. He stated it was a
10 very positive gathering.
11 Faust thanked the St. Anthony Public Works Department, on behalf of the Silver Lake
12 Terrace and Silver Lake Road residents, for the fine job they did on the surfacing and
13 striping of the road. The road is now much more user-friendly to non-automobile traffic.
14 Marks stated that in the September 13, 1996 Police Report,there were five incidents
15 where the Police had referred youth to North Suburban Youth Services. He noted he had
not seen that many referrals in quite some time.
17 Enrooth reported his attendance at the Salvation Army Open House and stated it was a
18 very positive experience.
19 C. Mayor.
20 Mr. Douglas Jones, 2505 Silver Lane, reported the St. Anthony/New Brighton Education
21 Foundation will be hosting a Spaghetti Dinner on October 4, 1996 at the St. Anthony
22 Middle School. Tickets are being offered at$5.00 for adults and$4.00 for children. Last
23 year he Dinner has 1,200 guests. This is one of two major fundraisers hosted by this
24 Foundation. The other major fundraiser is a Speech Meet, where 35 schools come to St.
25 Anthony, each bringing 10-20 children to the Meet. The St. Anthony/New Brighton
26 Education Foundation runs all the concession stands for this event. Funds raised are used
27 to support the school and the community. He noted the Foundation is also working with
28 the exchange program to Salo,Finland. Mr. Jones expressed his appreciation for the
29 community's support.
30 Mr. Jones also stated his appreciation to Kim Moore-Sykes, Mike Mornson and Larry
31 Hamer, for their quick response to the restriping of Silver Lane. He felt this was a real
32 tribute to the Staff of St. Anthony.
D. City Manager,
41 Morrison reported his attendance at a Progress Meeting with the contractor of the
35 Community Center/City Hall. The project is progressing nicely. The office will be sheet
City Council Regular Meeting Minutes
September 24, 1996
Page 9
1 rocked this week and the windows will be installed in approximately two weeks. This
2 will hopefully allow the building to be secured.
3 Morrison reported the Budget Work Session and pictures for the new City Hall are
4 scheduled for October 1, 1996. The Neighborhood Meetings for the 1997 Street
5 Improvement Project are scheduled for October 30, 1996. A copy of the letter and
6 agenda will be furnished to Councilmembers upon completion.
7 Morrison. reported Officer Flynn of the St. Anthony Police Department has resigned and
8 accepted aposition with the St. Paul Police Department. He also noted Liquor Store
9 Operations Manager Mike Larson has selected a new inventory control system.
10
11 VIII. PUBLIC HEARING -None.
12 IX. NEW BUSINESS.
13 A. Consider Bids Relating Audio/Video Equipment for New City Hall/Community Center.
14 Mr. Bill Bruce, Bill Bruce A/V Design and Production, stated the bids received were
15 below his estimate of$48,000. He explained the submitted amount listed on the proposal
16 was the amount actually submitted and the revised amount was determined after going
through the bids and correcting errors, omissions or items not correct for the bid.
18 Mr. Bruce reported he is currently working with Alpha Video at another site and is
19 having difficulty getting them to complete the job. He has worked with Blumberg in 15
20 other cities and has had tremendous experiences. He recommend approval of the bid
21 from Blumberg and AV Solutions for the Character Generator.
22 Motion by Marks, second by Enrooth to accept the bid from AV Solutions for the
23 Character Generator only, in the amount of$2,682.75, and Blumberg Communications
24. relating to audio/video equipment, in the amount of$42,632.00 for the new City
25 Hall/Community Center.
26 Motion carried unanimously.
27 B. Resolution 96-046, re: Community Services Lease at New City Hall/Community Center.
28 Motion by Marks, second by Enrooth to approve Resolution 96-046, regarding approving
29 the lease between the City of St. Anthony and Independent School District No. 282 and
30 authorizing the Mayor and City Manager to execute lease on behalf of the City.
31 City Attorney Soth noted two changes to the lease. The first on Page 1, Article 1. Rent,
32 Line 4,remove "exceed"and replace with "be". The second on Page 1, Article 2. Term,
Line 2; insert"the Lease is" and Line 3 remove "the Lease".
34 Morrison noted the Superintendent has agreed to all the changes.
City Council Regular Meeting Minutes
September 24, 1996
• Page 10
1, Marks amended his motion to include the changes to the lease and Enrooth agreed.
2 Motion carried unanimously.
3 C. Resolution 96-052 and 96-053, re: Transfer of Ownership of Meredith Cable Company to
4 Continental and then to US West.
5 Motion by Marks, second by Wagner to approve Resolution 96-052; regarding consenting
6 to the transfer of control of and certain ownership interests in a cable television franchisee
7 to Continental.
8 Mayor Ranallo noted this transfer will occur on October 30, 1996..
9 Motion carried unanimously.
10 Motion by Marks, second by Wagner to approve Resolution 96-053, regarding consenting
11 to the transfer of control of and certain ownership interests in a cable television franchisee
12 to US West.
13 Mayor Ranallo noted this transfer may not take place for some time as it is subject to
FCC approval.
16 Motion carried unanimously.
17 D. Resolution 96-054,re: SAV II Lease with Ste. Marie Company.
18 City Attorney Soth reported after a lengthy meeting with representatives of Ste. Marie
1.9 Company,their lawyers, Liquor Store Operations Manager Mike Larson, and City
20 Manager Mornson, Ste. Marie Company has agreed to most of the changes the City
21 requested. There are still some points being negotiated in regard to the completion date
22 and what will occur if completion is later than expected. The completion issue is
23 complicated as it ties in with the Apache Wells lease and the existing SAV lease. Ste.
24 Marie Companies does understand and has agreed that the City can never be out of
25 business, that they need to be able to continue operations in one location. The other issue
26 is that the City does not want to be in the position of paying double rent and this is
27 becoming,a problem because St. Marie Company wants the City to have the
28 "construction risk". It appears they have agreed that the City does not have to have
29 continuous operation. They have also agreed that to the extent that there is extra cost for
30 environmental matters, it will be their cost. Mr. Soth stated there still needs to be
31 agreement on some insurance issues and the signage issues.
32 Mr. Soth stated Resolution 96-054 should be deferred to the next City Council meeting
until more of the issues can be resolved.
City Council Regular Meeting Minutes
• September 24, 1996
Page 11
1 Mornson reported he and Larson would be meeting with Welsh Construction and KKE
2 Architects and within one week they will be presenting an estimate of the budget and also
3 two schedules, one to build over the winter, and one to build partial now with completion
4 in the spring. Morrison stated construction is still planned to be completed in conjunction
5 with the CUB Foods Store opening.
6 There was Council consensus to defer Resolution 96-054, regarding SAV II lease to the
7 October 8, 1996 City Council meeting.
8
9 IX. UNFINISHED BUSINESS. -
10 Mark Stenglein introduced himself and reported he was running for County Commissioner. He
11 stated he had grown up in St. Anthony and had fond memories of the community. He stated he
12 hoped to meet with the Council and discuss issues in Hennepin County which pertained to the
13 City of St. Anthony.
14 XI. ADJOURNMENT.
15 Motion by Marks, second by Enrooth to adjourn the meeting at 8:16 P.M.
16 Motion carried unanimously.
•
17 Respectfully submitted,
18 Lorri Kopischke
19 TimeSaver Off Site Secretarial
20
21 Mayor
22 ATTEST
23 City Clerk