HomeMy WebLinkAboutPL MINUTES 05191992 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 1992
Document: PL MINUTES 05191992
1 CITY OF ST . ANTHONY
PLANNING COMMISSION MEETING
4
5 MAY 19, 1992
6
7
8 1 . CALL TO ORDER
9
10 Chairperson Faust called the Planning Commission Meeting to
11 order at 8 : 00 p.m.
12
13 He explained that the Meeting was not commenced at its
14 traditional 7 : 30 p.m. time as today is School Board Elections
15 and State Statute mandates that no public meetings start
16 before 8 : 00 p .m. He apologized for any inconvenience this may
17 have caused the property owners in. attendance.
18
19 2 . ROLL CALL
20
21 Commissioners Present : Thompson, Franzese, Gondorchin,
22 Werenicz, Madden and Chairperson Faust
23
24 Commissioners Absent : Murphy
25
26 Staff Present : City Manager Burt and Management Assistant
27 Urbia
0 3 . MINUTES FOR APPROVAL - APRIL 21 , 1992 PLANNING COMMISSION
30 MEETING
31
32 Motion by Madden, second by Gondorchin to approve the minutes
33 of the April 21 , 1992 Planning Commission Meeting with the
34 following corrections :
35
36 page 4 , line 17 : Change "family" to "friend"
37 page 5 , line 7 : Change "Franzese" to "Gondorchin"
38 page 5 , line 44 : Correct "not" to "no"
39 page 9, line 16 : Correct " in" to "on"
40 page 11 , line 23 : Insert " favorable " before
41 "recommendation"
42 page 13 , line 6 : Correct "capitol " to "capital "
43 page 13, line 47 : Insert after "front yard" "setback"
44 page 14 , line 6 : This line should read, "prohibition was
45 because of clutter and safety hazards . "
46 page 15, line 33 : Delete "that "
47 page 16, line 53 : Insert between " list" and "would" "and"
48 page 18 , line 32 : Correct "fo" to "of"
49 page 18 , lines 45 & 47 : Correct the spelling of "raydon" to
50 "radon"
51
52 Motion carried unanimously
1 PLANNING COMMISSION MEETING
MAY 19 , 1992
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5
6 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JUNE 2 , 1992
7 CITY COUNCIL MEETING
8
9 Commissioner Gondorchin wi 11 represent the Planning Commission
10 at the June 2 , 1992 City Council Meeting.
11
12 5 . PUBLIC HEARINGS
13
14 A. South End Redevelopment Options
15
16 The Public Hearing was opened at 8 : 08 p.m. by Chairperson
17 Faust .
18
19 The Chairperson advised that the location: under
20 consideration for development are the parcels `locat.ed
21 north on Kenzie Terrace between St . Anthony Boulevard and
22 Kenzington development , which is an area currently under
23 a development moratorium. The proposal is to review
24 redevelopment options discussed by the Citizen South End
25 Task Force . The redevelopment options include public
26 right-of-way improvements , revision of the City' s Land
40 Use Plan and rezoning of parcels .
29 The Notice of Public Hearing was published in the May 6,
30 1992 edition of the Bulletin .
31
32 Chairperson Faust advised those in attendance how a
33 public hearing is conducted, noting that a staff report
34 is heard, staff recommendations are presented and then
35 questions of property owners are invited. The Public
36 Hearing is closed before members of the Planning
37 Commission commence their discussion and any
38 recommendations are formulated .
39
40 The City Manager stated that the City Council had formed
41 the South End Task Force. It consists of thirteen people
42 who reflect a broad base of interests and geographically
43 represents all parts of the City.
44
45 This diverse group was requested to review the land uses
46 on the south end of the City and give input to the City
47 Council .
48
49 Staff had two major concerns with the area, one being
50 that Rosie' s Cafe and the Good Luck Cafe were commercial
51 operations which encroached on a residential area. The
52 second concern was with the traffic patterns and volume
of traffic which came from 27th Avenue, Coolidge and
Kenzie Terrace to one intersection . The problems which
1 PLANNING COMMISSION
MAY 19 , 1992
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5
6 resulted from this traffic congestion were of significant
7 concern .
8
9 BRW Consultants , the firm who had reviewed the City' s .
10 Comprehensive Plan previously, was hired to draft
11 proposals which would be responsive to all of the
12 concerns expressed by staff and area residents .
13
14 Regarding the two restaurants in the area, the City
15 Manager suggested they were both in disrepair and gave
16 the neighborhood a blighted appearance . This had a very
17 negative impact on the surrounding residential
18 neighborhood.
19
20 Four architect ' s renderings were done by BRW for Council
21 review. Each rendering had identical roadway alignments
22 but differed in location from some of the structures
23 already in the area and in the landscaping, berming and
24 crosswalks .
25
26 The plans were labelled A, B, C and D. Plan D was drafted
7 in response to the suggestions and ideas put forth by the
South End Task Force.
30 The City Manager reviewed all four plans . One of the
31 plans recommended removal of the liquor operation in
32 anticipation of the State legislating the sale of beer in
33 grocery stores . This type of legislation would have a
34 very negative affect on the liquor operation whereby it
35 may not continue to be profitable for the City.
36
37 Another plan proposed relocating the liquor store and
38 building a new fire station on the Rosie ' s Cafe site.
39 This could be very expensive as it would cost
40 approximately one million dollars to build a new fire
41 station .
42
43 At one time the City Council had considered moving the
44 location of the fire station as its present location is
45 not very beneficial for residents in the northern most
46 portion of the City.
47
48 Another feature of one of the plans was to remove Rosie ' s
49 Cafe and the Good Luck Cafe , clear the property and make
50 two large buildable lots which could be sold for single
51 family homes . The City Manager noted that property in St .
52 Anthony is very expensive so the City could realize a
4) very nice profit from the sale of these two parcels.
PLANNING COMMISSION MEETING
MAY 19 , 1992
PAGE 4
4
5
6 Plantings , crushed rock and landscaping materials have
7 been received from Hennepin County which will be used to
8 enhance the aesthetics of the area.
9
10 An additional consideration of one of the plans was to
11 relocate the liquor store, the fire station and Bona ' s
12 Unocal Station . Noting that relocation of the liquor
13 operation would be disruptive to the business , the City
14 Manager felt this was not a viable option as this time.
15 Previously, the Council had also not favored stopping any
16 of the liquor operation as it i-s a very profitable
17 venture for the City .
18 -
19 Plan D is viewed as a compromise plan and was favored by
20 the Task Force . Rosie ' s property would be used to: create
21 two buildable lots and the Unocal Station would remain in
22 its present location. The addition of berming and
23 landscaping around the perimeter of the Station would
24 make it more acceptable to the adjacent residential
25 properties . The liquor operation would remain on its
26 present site and the St . Anthony Shopping Center
management has indicated the theme of the Center could be
extended to include the liquor operation facility.
29
30 Although the City Manager was not prepared to cite what
31 the project costs may be, he felt the Tax Increment
32 District , which includes the Walker and Kenzie Terrace
33 could be extended to encompass this area .
34
35 The City would purchase necessary land, freeze the taxes
36 on the property and use any increment available to make
37 improvements and prepare the land for development .
38
39 The City Manager noted that the bond counsel saw no
40 problems with extending the Tax Increment Financing
41 District . It did not appear that it will be necessary to
42 extend the life of the bonds , which is presently at
43 twenty years . He observed that the City Council 'has an
44 unwritten policy for a ten year bond period.
45
46 The County and the School District will be notified of
47 the City ' s plan to extend the Tax Increment Finance
48 District . The City' s Housing and Redevelopment Authority
49 will hold the public hearings regarding this project .
50
51 The City Manager felt all of the plans would cost about
52 the same, which is between $800 , 000 to one million
dollars . This would include relocating of sewers ,
relocation of existing businesses and rebuilding the
1 PLANNING COMMISSION MEETING
MAY 19 , 1992
PAGE 5
5
6 roadway. He was of the opinion that Plan D would probably
7 be the least expensive of the plans in that it did not
8 include relocating the fire station .
9
10 Commissioner Madden inquired as to Bona ' s intentions
11 regarding the expansion of his service station . He
12 observed that all of the four plans show it as an
13 expanded facility. It was noted that Bona owns the
14 building adjacent to his on the south which presently
15 houses a meat market .
16
17 The City Manager responded that Bona's original intention
18 was to expand his building to accommodate six bays for
19 vehicle repair .
20
21 The City Manager has been dea.ling with a local broker who
22 represents the owner of Rosie ' s Cafe. He is hoping to
23 purchase the site in the very near future . He noted that
24 members of the Task Force had recommended moving the
25 berming on the other side of the two .parcels at Rosie' s
26 Cafe and leaving this land zoned for commercial purposes .
27
Commissioner Franzese inquired what has transpired with
the owners of the Good Luck Cafe. The City Manager
30 responded that he has not contacted these owners yet but
31 is concentrating on the acquisition of Rosie' s property.
32
33 He noted that the owners of the Good Luck Cafe were
34 present at this hearing and has briefly advised them that
35 the City is interested in acquiring their property
36 through negotiations .
37
38 There are many access points into the St . Anthony
39 Shopping Center . Reducing the access points in number and
40 installing green areas is being considered.
41
42 The resident at 2805 27th Avenue advised the Commission
43 his home is located adjacent to Bona ' s Station. He is
44 seriously opposed to any expansion of the business . The
45 City Manageracknowledged his concern but noted that the
46 Commission has to look at a future use and future owners
47 of the property.
48
49 Commissioner Madden inquired if any costs had been gotten
50 for Plan A. The City Manager stated that costs have not
51 been pursued but this option could be done through
52 phasing.
46 The City Manager advised that the Planning Commission
1 PLANNING COMMISSION
MAY 19 , 1992
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4
5
6 will be discussing the City ' s Comprehensive Plan at its
7 June meeting. Rezoning of the Bona property could be
8 considered at that time. He also mentioned there appears
9 to be some confusion regarding some of the zoning in that
10 area.
11
12 Chairman Faust inquired if an expansi,on of the service
13 station could be done without any reviewal by the
14, Planning Commission nor any authorization from the City
15 Council . The City Manager responded that there would be
16 no need to appear before either bodies for the owner to
17 expand the size of the building. This could not be done
18 until the moratorium has been lifted .
19
20 The resident at 2809 Pahl Avenue inquired if there were
21 timetables for working on the roadway. The City Manager
22 noted there is no firm timetable but felt the roadway
23 would probably be done within one year .
24
25 Dick Horst , who owns the Coast to Coast store in the St .
26 Anthony Shopping Center , inquired if there are any
considerations for moving the location of the liquor
io operation . He questioned the wisdom of this and also
wondered if any considerations are being given to moving
30 the location of the Montessori School .
31
32 The City Manager stated the liquor store presently does
33 not pay rent and would have this added expense if it were
34 to be moved . The Montessori School will not be moved as
35 there is no space available to house it .
36
37 The City Manager said there could be a three phase
38 approach to this project ; 1 ) berming, 2 ) addressing other
39 areas , and 3 ) total elimination of the liquor operation .
40
41 Mr. Horst inquired if there are plans to block off the
42 alley behind the shopping center . The City Manager noted
43 that this had appeared on one of the plans but a possible
4.4 alternative would be to vacate Coolidge and give it over
45 for the use of shopping center merchants .
46
47 Chairman Faust inquired if any thought had been given to
48 pedestrian crosswalks . He observed the pedestrian traffic
49 in the area recently. It is hi.s opinion that pedestrians
50 do not use the crosswalks where they are presently
51 located.
52
The City Manager responded that this issue will be part
of a concentrated study. It had been suggested that the
1 PLANNING COMMISSION
MAY 19 , 1992
0 PAGE 7
4
5
6 highly colored crosswalks would attract the attention of
7 pedestrians as well as motorists .
8
9 It was noted that the expanded parking lot near the
10 Kenzington is intended for the use of its residents .
11 There has been a long-time need for additional parking
12 for that development .
13
14 -Commissioner Gondorchin felt that the purpose of Plan A
15 would be defeated if the Unocal Station were relocated to
16 the corner . The City Manager agreed and stated that for
17major repair vehicles are frequently left for sometime.
18 He felt if it were relocated it should be placed in an
19 industrial area rather than a commercial area.
20
21 The City Manager noted that there will be some tree
22 replanting done in the residential area and hopefully
23 they will be cared for by property owners . Trees which
24 are replanted on commercial sites or on the right-of-way
25 will be maintained by the City and associated costs will
26 be assessed back to the benefitted properties .
7
The resident at 2836 Coolidge inquired if the surplus
funds realized from the Tax Increment Financing District
30 are not used for this project would they revert back to
31 the City thereby reducing property taxes .
32
33 The City Manager responded that this money -can only be
34 used to pay off debt . Surplus funds realized when the
35 bonds are paid off goes to t_he School District . At the
36 end of the twenty year bond issue there should be a zero
37 balance.
38
39 He explained that this money comes from the taxes paid by
40 the three developers involved with projects in the
41 District . No tax dollars will be affected by this
42 improvement or project nor will tax dollars be used.
43
44 The resident at 2709 Pahl Avenue stated his support for
45 the project and felt it would attract more businesses
46 into the St . Anthony Shopping Center.
47
48 The Chairman explained what will transpire after the
49 Public Hearing is closed. The Planning Commission members
50 will discuss the issue, formulate recommendations on the
51 information received at the Public Hearing, and refer
52 their recommendations to the City Council .
The City Manager stated that this matter will be on the
1 PLANNING COMMISSION
0 MAY 19 , 1992
3 PAGE 8
4
5
6 agenda for the June 2nd Council Meeting and that any
7 resident at this public hearing is welcome to attend the
8 Council Meeting to state their positions and concerns .
9
10 The Public Hearing was closed at 9 : 06 p.m.
11
12 Commissioner Gondorchin is supportive of Plan D with one
13 change . He felt the two parcels being recommended for
14 residential designation should be exchanged in placement
15 and designated as commercial .
16
17 Commissioner Madden also preferred Plan D and favored
18 flip flopping the buffer and use for a commercial site.
19 This would still provide a buffer from the residential
20 area.
21
22 Chairman Faust recalled that only six states do not allow
23 the sale of beer in grocery stores , therefore the liquor
24 operation may eventually be closed. He felt this would
25 leave a parcel which could be used for Unocal . He
26 questioned why some commissioners wanted this to remain
49 commercially zoned.
29 Commissioner Madden felt this was the highest and best
30 use of the property. He also felt when the relocation of
31 the fire station is considered, it should be moved to the
32 northern part of the City. Its present site is not
33 centrally located.
34
35 Regarding Rosie' s Cafe, the City Manager noted that the
.36 owners are presently leasing the space. The lease costs
37 leave little room for profit . Also, Hennepin County has
38 issued a three page document citing public health
39 violations in the establishment . He noted that the last
40 purchase price being asked for Rosie' s was $250 , 000 .
41
42 Commissioner Gondorchin felt the Planning Commission
43 needed more time to deliberate before any recommendations
44 could be made.
45
46 Commissioner Franzese suggested that a more generic
47 recommendation be made which addressed the City ' s
48 purchasing Rosie' s and making right-of-way improvements .
49 She felt ' the Commission should not be focusing on
50 eventual uses of the properties .
51
2 Chairman Faust questioned what input had been received
from BRW. The City Manager responded that the firm made
4
1 PLANNING COMMISSION
2 MAY 19 , 1992
0 PAGE 9
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6 recommendations regarding the highest and best uses for
7 this property but only stated possibilities . He noted
8 that the Task Force had also suggested considering
9 building a low rise building for senior citizens. This
10 building could serve as a transition area between
11 residential and commercial areas . He noted that at the
12 present time there is considerable senior housing
13 available but this still could be an option.
14
15 Commissioner Franzese stated there are many variables in
16 each of the plans she could support . She suggested that
17 the Council authorize the purchase -of Rosie' s Cafe and
18 put some constraints on the Bona property relative -to his
19 proceeding with an expansion of the business :on the
20 current site .
21
22 Noting that Plan. D specifies two housing lots be made
23 from the Rosie ' s Cafe property, Commissioner Franzese has
24 no preference for how these parcels are used.
25
26 The City Manager clarified her statements when he stated
27 that the project should not be "fast tracked" through but
the Rosie ' s Cafe site should be purchased and not be site
46 specific . Commissioner Franzese agreed with the
30 clarification .
31
32 Burt -feels the liquor businesses operated by cities may
3.3 not be addressed for perhaps ten years and he would not
34 recommend relocation of the liquor operation for quite
35 some time .
36
37 Commissioner Franzese also felt the Good Luck Cafe site
38 should be acquired and the roadway work be done.
39
40 Motion by Faust , second by Franzese that the Planning
41 Commission favors Plan D from an aesthetic point of view,
42 that the acquisition of the sites where Rosie ' s Cafe and
43 the Good Luck Cafe are located be made, the Planning
44 Commission has not addressed this land use issue as it
45 has not been determined what the highest and best -use of
46 these parcels may be at this, point in time, and that
47 there should be no implicit go ahead on the Unocal
48 expansion .
49
50 Commissioner Werenicz suggested that the Commission
51 should probably recommend extending the moratorium - so
52 Bona could not expand without needing permission or
53 approval .
1 PLANNING COMMISSION
10 MAY 19 , 1992
PAGE 10
4
5
6
7 Commissioner Madden felt that adding the extension of the
8 moratorium was not necessary tonight as the Commission
9 was only addressing the physical properties of the
10 roadway and not land use .
11
12 The City Manager stated that BRW could make
13 recommendations regarding what the highest and best use
14 could be.
15
16 Motion carried unanimously
17
18
19 This issue will be discussed again at the June 16th
20 Planning Commission Meeting.
21
22 B. Proposed Chances to the Parkina Ordinance
23
24 Chairman Faust noted that the general area for
25 application of the ordinance would be city wide .
26
The proposal is to review changes to the parking
40 ordinance. Proposed changes would be as follows :
29
30 Section 2 , Subd. 2 , paragraph 77 (a)
31
32 Vehicle - car, van , pickup, motorcycle, snowmobile,
33 motorhome, camper, trailer , boat , truck or similar item
34 licensed by the State of Minnesota for use on roadways or
35 waterways , but excluding bicycles or mopeds .
36
37 Section 2 , Subd. 9, paragraph 13
38
39 All vehicles , as defined in Section 2 , Subd. 2 paragraph
40 77 (a) of this Appendix I , parked on any lot in an R-1 ,
41 R-A1 , R-2 or R-3 district shall be parked on a surface
42 paved with asphalt or bituminous material , concrete,
43 cement , brick or other paved surface. No commercial ,
44 recreational vehicles , recreational trailers , watercraft
45 or utility trailers will be permitted to be parked on
46 front of the front yard setback in any R-1 , R-1A, R-2 , or
47 R-3 district for more than a 48 hour period.
48
49 Notice of this public hearing was published in the May 6 ,
50 1992 edition of the Bulletin . It was noted that some of
51 the verbiage contained in the public hearing notice
52 differed from that contained in the agenda material .
Using a videotape , the City Manager reviewed many of the
1 PLANNING COMMISSION
MAY 19 , 1992
46 PAGE 11
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5
6 situations in the City which would be in violation of the
7 proposed ordinance. The videotape was done by City staff
8 and reflected sixty locations where there were potential
9 violations of the ordinance under consideration. This
10 ordinance was drafted in response to citizen complaints .
11
12 A previous ordinance requirement was that any of the
13 recreational equipment mentioned in the proposed
14 ordinance be parked on a solid surface. This had been
15 complied with by most residents but some of these parking
16 pads had been located in front yards or in front of the
17 homes . If this proposed ordinance is approved, these
18 items could no longer remain in front of the houses .
19
20 The City Manager felt the 48 hour limit may be difficult
21 to enforce. He also acknowledged there would be hardship
22 situations , especially where there is no access to rear
23 yards or side yards .
24
25 He noted that restrictions for enforcement had been
26 considered by weight , length and height . Other standards
27 are being researched.
0 The Public Hearing was opened at 9 : 23 p.m.
30
31 The resident at 2800 32nd Avenue stated he felt this
32 ordinance was making things very "picky" for people in
33 St . Anthony. He has a boat and an eighty foot driveway in
34 front of his home. His house sets back to the rear of the
35 lot and this ordinance may prove to be a hardship for
36 him.
37
38 This resident also stated that none of his neighbors had
39 been aware of this ordinance being considered. The City
40 Manager advised that there had been a press release
41 published in the Focus and the Northeaster as well as
42 appearing in the Bulletin. It did not meet the schedule
43 for publication in the City ' s newsletter. The next
44 newsletter will be distributed in July and an article
45 will be included in it which addresses the proposed
46 ordinance.
47
48 A resident on Townview noted he uses his recreational
49 vehicle regularly in the summer months but parks it on
50 his property in the winter . He has no access to the back
51 of his property.
52
The City Manager observed that there could be a cost
consideration regarding those property owners who have
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MAY 19, 1992
0 PAGE 12
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5
6 already installed a hard surface on which to park their
7 vehicles or recreational equipment as required by a
8 previous ordinance . The matter of drainage could also
9 become an issue .
10
11 The Public Hearing was closed at 10 : 02 p.m.
12
13 Commissioner Madden advised that the by-laws for the
14 townhome development where he lives do not permit the
15 parking of recreational vehicles as some of the area
16 residents do not find them attractive. He suggested that
17 rental storage parking is available and affordable.
18
19 Chairman Faust observed that the prohibition of long term
20 parking of these vehicles is known before people purchase
21 townhomes in this development and a hardship situation is
22 avoided.
23
24 Commissioner Franzese felt these vehicles contributed to
25 visual pollution but the Planning Commission is being
26 requested to remedy a situation which has existed for
some time.
40
The City Manager noted he has only received one complaint
30 and that was for a commercial vehicle which is parked all
31 year in front of a private residence . He acknowledged
32 that members of the Council , during the last election
33 campaign ,. received numerous complaints regarding the
34 parking of commercial and recreational vehicles .
35
36 Commissioner Werenicz felt that a problem has been
37 identified and really does exist . He noted he has not
38 heard any favorable comments regarding this type of
39 parking and is supportive of the ordinance as it has been
40 drafted.
41
42 Commissioner Gondorchin suggested that the ordinance be
43 enforced by neighborhood action only. He felt it could be
44 enforced in a similar fashion as the car parking
45 ordinance.
46
47 The City Manager felt it would be difficult to enforce
48 the ordinance based on neighbor complaints , especially if
49 staff sees a violation or infraction.
50
51 Chairperson Faust stated his concerns regarding
52 enforcement . The first concern addressed who would do the
enforcing. He felt it should be enforced by the Police
Department who should also determine when the forty-eight
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2 MAY 19 , 1992
0 PAGE 13
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6 hour period actually begins . He also felt owners of
7 recreational vehicles invest considerable money in their
8 purchases . Now they are being required to invest further
9 money to accommodate the ordinance.
10
11 The Chairperson noted that the homes in the R-1A district
12 face the lake and the front of these homes is to the
13 street . In this particu.lar situation, the front yards are
14 used for storage of recreational vehicles and other such
15 items . He feels the ordinance as drafted is counter
16 productive except for commercial vehicles and also may
17 need to be extended from forty-eight hours to seventy-two
18 hours . He is of the opinion that the ordinance is frought
19 with ambiguities .
20
21 Commissioner Franzese felt there is a need to find a
22 balance between one ' s property and that of his
23 neighbor ' s . She thinks the City should be rid of visual
24 pollution and there should be a transition period where
25 all sorts of vehicles must be viewed and which have been
26 allowed.
27
Motion by Madden, second by Werenicz that the Planning
Commission recommends to the City Council that a vehicle
30 in the ordinance be defined as a car , van , pickup,
31 motorcycle, snowmobile, motorhome , camper, trailer, boat ,
32 truck or similar item licensed by the State of Minnesota
33 for use on roadways or waterways , but excluding bicycles
34 and mopeds , and that all vehicles described above parked
35 on any lot in an R-1 , R-1A, R-2 , or R-3 district shall be
36 parked on a surface paved with asphalt or bituminous
37 material , concrete, cement , brick, or other paved
38 surface . No commercial , recreational vehicles ,
39 recreational trailers , watercraft or utility trailers ,
40 will be permitted to be parked in front of the front yard
41 setback in any R-1 , R-lA, R-2 or R-3 district for more
42 than any forty-eight hour period.
43
44 Commissioner Franzese felt a transition period be given
45 or a time period be determined before the ordinance is
46 enforced, thereby accommodating the vehicles owners .
47
48 The City Manager recalled that when the paved surface was
49 required by ordinance there was a grace period for
50 enforcement . He felt the City Council may follow the same
51 procedure in enforcing this ordinance.
52
53 Commissioner Franzese felt it would be a hardship to
• enforce immediately. She also felt these vehicles create
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MAY 19 , 1992
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5
6 visual pollution as well as being safety hazards for
7 children .
8
9 Roll call : Thompson , Franzese, Gondorchin , Werenicz,
10 Madden - aye
11
12 Faust - nay
13
14 Motion carries
15
16 5 . MISCELLANEOUS
17
18 A. Adel Alwan (Sheik ' s Garden Restaurant ) 3800 .-Apache
19 Plaza , -conditionaT Use Permit Reauest Research
20
21 The City Manager advised this request has been before the
22 Planning Commission on two occasions and has been
23 recommended for approval twice . Both times it has been
24 denied by the City Council .
25
26 Mr . Alwan is now proposing to have only kiddie rides in
his restaurant . Previously, he had requested licenses for
io amusement devices which would appeal to adults as well as
children .
30
31 Staff had been requested to obtain definitions of kiddie
32 rides and amusement devices . No local distributors had
33 definitions of either types of these amusement devices .
34 The City Manager contacted manufacturers of this type of
35 equipment and they were not able to supply definitions .
36
37 The City Attorney recommended staff determine which rides
38 and amusement devices would be allowed by the ordinance
39 and set standards so the ordinance could be enforced.
40
41 Sketches and explanations of the amusement devices being
42 considered by Mr . Alwan were viewed.
43
44 Commissioner Madden inquired if weight limits were placed
45 on the rides . The City Manager noted there were
46 definitions of the games but not of the rides and no
47 weight limits were stated .
48
49 The City Manager observed that some games obviously
50 appealed to younger children and would be of no interest
51 to older children .
52
The City Manager requested the Planning Commission
members to assist him in defining kiddie games and rides
1 PLANNING COMMISSION -
MAY 19 , 1992
to PAGE 15
4
5
6 and to draft a list for proposal to the City Council .
7
8 Urbia suggested that when a game or kiddie ride becomes
9 obsolete or broken it could be replaced from the list of
10 approved entertainment devices .
11
12 Chairman Faust felt the Planning Commission is being
13 requested to describe something that the industry has not
14 been able to do, leaving the Commissioners at a loss to
15 pick and choose. He suggested that Mr. Alwan bring in
16 pictures of all the amusement devices he would like to
17 have in his establishment .
18
19 The-City Attorney felt a list of thirty amusement devices
20 be compiled for approval and that Mr . Alwan could choose
21 twenty from that list .
22
23 Commissioner Gondorchin noted that the restaurant
24 operation is being very dependent on these amusement
25 devices .
26
27 Commissioner Madden was of the opinion that Mr. Alwan is
being bounced back and forth between the City Council and
the Planning Commission .
30
31 The City Manager noted that the City Council is
32 requesting a definition rather than a recommendation from
33 the Planning Commission . He recommended the suggestion of
34 the City Attorney that being, to list out the kiddie
35 games and rides , be considered .
36
37 Chairman Faust felt staff should look at the equipment
38 and make recommendations to the Council to approve or
39 disapprove .' Commissioner Franzese noted that there has to
40 be discretion on someone ' s part . She felt the staff
41 should determine what amusement devices are acceptable.
42
43 Motion by Franzese, second by Madden that Mr . Alwan bring
44 pictures of his choices for kiddie rides and games to be
45 located in his place of business , to City staff .which
46 will be brought to the Council , that choices be made by
47 staff using its discretion , and furthermore, if an
48 amusement device needs to be replaced, that staff
49 approves the replacement .
50
51 Motion carried unanimously
52
1 PLANNING COMMISSION
MAY 19 , 1992
0 PAGE 16
4
5
6 B. James Sarna and William Voat (Stop=N-Shop Superette) ,
7 3813 Stinson Boulevard, Sian Variance Research
8
9 The City Manager advised that -this request for a sign
10 variance has been withdrawn . The owners of the business
11 stated their intentions to deal with representatives of
12 Conoco and resolve the problems .
13
14 C. Concept Review - 3821 Foss Road
15
16 Jon Lindberg of ReMax Associates ; Inc . owns a three-plex
17 at 3821 Foss Road. Currently it is a rental property
18 zoned R-4 . Mr . Lindberg initially proposed subdividing
19 the property to allow for the building of a four unit
20 townhome complex . He was advised by staff 'of the
21 difficulty in subdividing this property. Another option
22 would be to treat the current and proposed units as
23 condominiums . If he chose to do this , a backyard setback
24 of 59 . 8 feet would be required. From Mr . Lindberg' s
25 current proposal , a 22 . 3 foot variance would be needed.
26
7 The City Manager stated this type of request could be
received from owners of several lots in the City to
accommodate a similar situation and staff would not
30 recommend this be approved.
31
32 The City Attorney noted this could be done at the present
33 time by changing the lot line. The property fronts on
34 ' Mirror Lake.
35
36 Members of the Planning Commission questioned if this is
37 a Department of Natural Resources lake at the present
38 time. It was noted that if it is , then the structure must
39 have a seventy-five foot setback.
40
41 The City Manager advised the owner that he has concerns
42 with water runoff, drainage and the swail remaining where
43 it is .
44
45 He told the owner this issue would be discussed * as a
46 concept by the Planning Commission before a variance is
47 requested.
48
49 Parking requirements would be one space inside and one
50 space outside . The developer is proposing two spaces
51 inside and two spaces outside.
52
I PLANNING COMMISSION
2 MAY 19 , 1992
40 PAGE 17
5
6 Commissioner Madden inquired what the variance request
7 would be. The City Manager responded the request would be
8 for a rear yard setback of thirty-seven and one half feet
9 rather than fifty-nine feet . Mr. Lindberg would also have
10 to line his structures up with the adjacent townhomes .
11
12 Chairperson Faust is concerned with the disposition of
13 the three-plex already on the property. Urbia advised
14 that the developer intends to phase the three-plex out
15 during this project .
16
17 Chairperson Faust noted that the developer does not
18 reside in the three-plex and may not follow through on
19 removing it . The City Manager intends to ask the City
20 Attorney if this removal can be included as a condition
21 on approving the variance request .
22
23
24 D. Review of Proposed Plannina Commission By-Laws
25
26 The City Manager advised that the agenda for the Planning
27 Commission meeting in July appears to be relatively
short . He recommended that the By-Laws be reviewed and
40 discussed at the July meeting.
30
31 E. Review Housina Maintenance Ordinance
32
33 The City Manager also 'recommended that the Planning
34 Commission review the Housing Maintenance Ordinance at
35 its July meeting.
36
37 7 . STAFF UPDATE
38
39 A. Pirino Property - Status Report
40
41 The City Manager stated that . two violation letters have
42 been sent to Mr. Pirino. These two letters address the
43 twenty-six violations on the exterior of the property.
44 The interior has not been viewed at this time.
45
46 These letters have been referred to Mr. Pirino' s
47 attorney. The City Manager krants tc proceed with filing
48 the twenty-six violations and is waiting for direction
49 from the City Attorney.
50
51 B. Apache Plaza - CUB Food Store - Status Report
52
53 CUB Foods has presented two proposals to the management
of Apache Plaza . Both proposals have been rejected.
1 PLANNING COMMISSION
MAY 19, 1992
0 PAGE 18
4
5
6 A third proposal will be presented on May 20th.
7
8 The City Manager has repeatedly explained the limitations
9 the City has regarding the use of public funds for this
10 project as well as the responsibility the Council and the
11 staff has to protect the City from any risk.
12
13 Staff has presented five different suggestions as to how
14 this project could be done. One of the options was to
15 issue bonds .
16
17 8 . COMMISSIONERS ' COMMENTS
18
19 Commissioner Madden inquired if the sodding on the inlet to
20 Mirror Lake will be completed. The City Manager advised that
21 it is scheduled to be done very soon.
22
23 The City Manager stated that the Macalaster Project Hearing
24 has taken place and that Ramsey County is funding $380 , 000 .
25
26 The project is fully funded and three-quarters of the funds
are invested in property. The only drawback in this project is
that it will be in a different tax category and the property
taxes will decrease.
30
31 The subcommittee on the Sign Ordinance, which included
32 Chairperson Faust , Commissioner Franzese and Commissioner
33 Gondorchin, have completed their work. The final draft of the
34 ordinance with the subcommittee' s suggestions will be prepared
35 by Dave Urbia.
36
37 Chairman Faust felt the Police Department should be made aware
38 of the ordinance requirements so they can participate in its
39 enforcement . He did not feel that the Public Works Director
40 should be expected to enforce it by himself .
41
42 9. ADJOURNMENT
43
44 Motion by Madden , second by Faust to adjourn the Planning
45 Commission Meeting at 11 : 10 p.m.
46
47 Motion carried unanimously
48
49
50 Respectfully submitted,
51
52
0 Jo-Anne Student , Planning Commission Secretary