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HomeMy WebLinkAboutPL MINUTES 10201981 Meeting Sheet 100221 IIIIIII VIII VIII VIII VIII VIII IIII III Bax: 15 Folder: Document: PL MINUTES 10201981 CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES October 20 , 1981 The meeting was called to order by Chairman Bjorklund at 7 :30 P.M. Present for roll call : Bowerman, Enrooth, Jones , Bjorklund, Sopcinski , and Makowske. Absent: Peterson. Also present: Ron Berg, Administrative Assistant. The update on unfinished business , provided the Commission members by Mr. Berg when he informed them the September 15th meeting had been cancelled, was referred to during the meeting. The following amend- ments were made to the August 18th Commission minutes: Page 2 , para. 1 : Substitute "when the building . is subdivided for new businesses';'.._-for "with, the addition of new businesses" in the fifth line. para. 2 : Substitute "than" for "that" in the third line . Motion by. Mr. Enrooth and seconded by Mr. Sopcinski to approve as • amended the minutes for the Planning Commission meeting held August 18, 1981 . Motion carried unanimously. Prior to the designation of. a person to represent the Commission at the next Council meeting, the Chairman suggested it might be appropriate for neither of the Council candidates to serve in that capacity and he agreed to serve himself. In his October 15th and September 10th memorandums , Mr. Berg had addressed staff actions regarding the failure by Craig Morris to comply with the fencing and shrubbery plans which were conditions under which the concept plan and drawings for the barber-beauty shop at 3909 Silver Lake Road were approved by Resolution 80-081. Also included in the agenda packet were .copies of October 15th and August 19th notifications sent to Mr. Morris , Gordon Hedlund and the First State Bank of New Brighton of the City ' s intention of -drawing on the Irrevocable Letter of Credit in the amount of $3 ,200 if the improve- ments are not in before the maturity date-, November 30 , 1981. When Mr. Berg had phoned Mr. Morris that- day reminding the shop proprietor that the Commission was considering the matter at its meeting that evening, Mr. Morris stated he would be out of town and unable to attend the hearing but reported the shrubbery had been ordered and should be installed within the next few weeks . The fencing, which is to be constructed in conjunction with the construction of Kenneth Lee ' s new home to the east, has been delayed because of drainage problems along the lot line and Mr. Lee has assured Mr. Berg the fence will be erected as soon as the grade is leveled. Mrs . Makowske said a conversation with Mr. Lee had convinced her the home will be built soon. In order that the City may. avoid. having to put in the improvements at a cost which may exceed the $3 ,200 proceeds of the Irrevocable Letter • of Credit if it is withdrawn by the City, Mr. Berg had suggested a six months extension of the Letter of Credit maturity date. This would allow the improvements to be more easily installed in the spring. Mr. Bowerman said he could not .favor such an extension since neither Mr. Morris. nor Mr. Hedlund had formally requested. such an extension and, indeed, may intend to forfeit the $3 ,200 if the costs exceed that figure. Mr. Enrooth wanted a resolution of the questions regarding the City ' s responsibilities if the Letter of Credit is drawn upon by the City before an extension recommendation is made. Mr. Sopcinski agreed it would not be prudent to act until such questions were answered and concurred with Mr. Bowerman that an extension in this case might set a dangerous precedent for permitting developers to ignore the pro- visions of a PUD. He saw this as an opportunity for demonstrating the seriousness of the City 's intentions of enforcing the agreements into which it enters . Motion by Mr. Bjorklund and seconded by Mr.. Bowerman to recommend that the. Council or the Manager be prepared to present in a timely manner, prior to 2 :00 P.M. , November 30 , 1981 , a demand draft on the Irrevocable Letter of Credit issued in favor of the City of St. Anthony by Craig & Company/Hedlund, in the event the agreed to landscaping and fencing is not completed or nearly completed, before November 30 , 1981, and to request staff or the City Attorney be directed to explore the City ' s responsibilities regarding the installations if such a • draft .is .drawn. The Commission recommendation- is based upon the apparent lack of work to date on theshrubbery or fence installations and other improvements agreed. ta by Mr. Morris as well as the fact that the developers of this property have to date failed to present an acceptable reason for the delay in- performance. It is further recommended by the Commission that the proceeds of said Letter of Credit be placed with an interest bearing escrow account to be used for- the improvements next spring, Motion carried unanimously. The Commission members requested that a copy of the motion be sent to all parties concerned. Mr. Berg. included - in the agenda packet a copy of the letter from the Clark Oil. and Refining Corporation explaining the delay in processing the purchase agreement with Duane Fisher for the sale of the firrh.',s station property at 3301 Stinson Boulevard. The Commission had recommended the property be rezoned from C-commercial to R-2 , double family residence, and .had given Mr. Fisher 100 days to consummate the purchase when he reported he had not obtained ownership of the pro- perty. Mr. Sopcinski noted the Council had not taken exception to the 100 day deadline and it was the consensus of the Commission that at the end of that period Mr. Fisher should appear before the Commission to reactivate his rezoning request. Mr. Jones said he would be glad • to vote for the rezoning if the legalities are resolved because he sees Mr. Fisher's proposal as a: good use for this property. -3- As he had indicated in his September 30th memorandum regarding the landscaping conformance for the Happy Potato Chip property at 3900 Chandler Drive, Mr. Berg confirmed that three washouts in the parking lot at the Happy plant may have delayed the installation of shrubbery promised for that area when the warehouse addition to Happy 's was granted July 22 , 1980 . The plant owner, Mr. Dunphy, has promised the landscaping will be completed in the spring. Motion by Mr. Bowerman and seconded by Mr. Enrooth to request staff place the Happy ' s landscaping back on .the agenda. in June 1982 . Motion carried unanimously. Although the City of Minneapolis has indicated it is looking at the Champion Auto store for signage conformance, Council members expressed a desire to be kept informed as to the possibility that the proli- feration of signage will be reduced. However, Mr. Bowerman pointed out that the store is adjacent to 37th Avenue N.E. and the railroad tracks and across Stinson from a St. Anthony gas station. Motion by Mr. Sopcinski and seconded by Mr. Jones to request staff to report back on the Champion Auto store signage in January. Motion carried unanimously. A foundation permit has been issued for the St. Anthony Court Townhouses and the City Attorney is reviewing the final plat,, according to Mr. • Berg. . He also reported the Commission .will probably be asked to consider a preliminary plat and request for three variances which will be necessary to develop- the three non-conforming lots along 33rd Avenue N.E. , as proposed by Ed Brown. The Administrative Assistant said he had written Red Owl to protest their parking a truck bearing the Country Store identification behind that facility at Apache Plaza. Mr. Bowerman and Mr. Enrooth were in agreement that the City Attorney should be consulted regarding an ordinance prohibiting the use of motor vehicles for advertising purposes but the Chairman said he believed there were regulations already on the books which could be. .enforced and cited "lack of enforcement of City ordinances on a continuing basis" . Mr. Enrooth said he is convinced, since .the truck was parked there shortly after the City had refused additional signage:- for the store, that "this is a blatant example of .an attempt to get the signage for. Red Owl which they had- been refused by the City" . He noted that., although the truck is occasionally moved, it is always parked .on that side of the store and does not appear to be. a permanent storage facility. Mr. Sopcinski cautioned that the burden of proof of a violation would be on the City and asked whether the City' s opposition was to the parking of the truck in that location or the sign on the truck. Mr. Bowerman said he believed the Commission members opposed the truck being used for signage. • -4- Mr. Bjorklund noted Red Owl ' s practice at all their other sites of aethestically screening their loading areas and trucks . Motion by Mr. Jones and seconded .by Mr. Bjorklund to request staff to put the matter. of the Red Owl truck parking on the next agenda. Motion carried unanimously. The new Occupancy Permit being developed by staff was explained by Mr. Berg who said the permits will be required of all new Commercial or Industrial tenants as a means of. ascertaining the type of usage and whether it meets all applicable codes.. The permits will alert the City staff to inspect the facilities and to issue licenses where necessary. The Administrative Assistant also reported he had sent letters to the proprietor of the upholstery shop on Kenzie Terrace as well as the property owner, Max Saliterman , asking why the clean-up of the property had not been carried out as promised when theusage was approved by the City. When he said there is no penalty for. non-compliance in cases like this , there was Commission agreement that .a penalty of at least double the amount of the license fee should be legislated for such violations of agreements. A Fire Department inspection of the property was also recommended as an incentive to get the site cleaned up. Mr. Berg reported the Council . had considered the density necessary to make increment financing feasible for the Walbon property too great and had deferred the development of that site for proposals from the owner or private developers . Mr. Sopcinski suggested the Council be .reminded that with the November elections , there will be at least one vacancy on the Commission to be filled in January for which interviews may be held in December. The Chairman urged early decisions by the Commission members as to whether or not they desire to continue their service on the Commission. Mr. Enrooth reported what appears to be an abandoned mobile home of 1820 vintage parked behind the Standard station near Johnson' s Meats on Kenzie Terrace and asked whether a violation of a City statute is involved. The Chairman reiterated his belief that the City staff needs to be more diligent in enforcing City ordinances so the City may be recognized as 'serious about enforcing its ordinances and prosecuting violations . The sign ordinance is still in the hands of the sign consultants and the City Attorney hasn't reviewed it, but Mr. Berg hopes to be able - to have it ready for the next Commission meeting. Motion by Mr. Jones and seconded by Mr. Enrooth to adjourn the meeting at 8 : 42 P.M. Motion carried unanimously. • Respectfully submitted, Helen Crowe Secretary