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HomeMy WebLinkAboutPL PACKET 05151990 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100438 Box: 15 Folder: PL PACKETS 1990-1991 Document: PL PACKET 051851990 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA MAY 15, 1990 8: 00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF APRIL 17, 1990 PLANNING COMMISSION MINUTES. IV. DESIGNATE COMMISSION REPRESENTATIVE TO MAY 22, 1990, COUNCIL MEETING. V. PUBLIC HEARINGS. A. 8 : 00 P.M. - B. Zielinska, 2608/10 - 37th Avenue N.E. ; setback variance request. B. 8: 15 P.M. - Weis Companies, for the northwest corner of Apache Plaza site; zoning amendment and conditional use request. VI. MISCELLANEOUS. VII. ADJOURNMENT. 6 N illa e thou DATE : APPROVAL = May 9, 1990 TO : Planning Commission Members FROM Thomas D. Burt, City Manager : TEM : WEIS COMPANIES ZONING AMENDMENT REQUEST This item was continued at the April 17, 1990 Planning Commission meeting due to a question that all affected properties may not have received the required notification on this proposal. Upon review it was determined that all property owners within 350 feet of the property did receive notice. The applicant will be in attendance to answer any further questiond the Planning Commission may have on the proposed zoning amendment and their proposed plan. • • Please return plans and renderings for this request to Mr. Burt or Ms. VanderHeyden. Thank you. 5 . 15.90 Nr ills e th • _ DATE : A P P ROVA L April 10, 1990 TO : Planning Commission Members :FROM : Thomas D. Burt, City Manager =TEM : ZONING AMENDMENT AND CONDITIONAL USE REQUESTS FROM WEIS COMPANIES FOR SELF-STORAGE IN A "C" COMMERCIAL DISTRICT The applicant, Weis Companies, has petitioned for an amendment to the Zoning Ordinance to add self-service storage (mini-storage) as a specifically listed conditional use in a Commercial District. The applicant feels that since the ordinance was adopted in 1973, the business of self-service storage has evolved to be more of a passive commercial use. Staff has contacted surrounding communities to find out what zoning districts self-storage is permitted in. Arden Hills Zoned Industrial , may put in Commercial by conditional use. Shoreview Industrial only. Not allowed in Commercial district. Roseville Light Industrial (I1 ) with special use permit, Heavy Industrial ( I2) permitted use. Not allowed in Commercial district. New Brighton Light Industrial only. Not permitted in Commercial district.. Columbia Heights Industrial district only. Fridley: Industrial , special use for Commercial . As evident from the survey, the concept of self-storage in a Commercial district is not well received in surrounding suburbs. If the Commission recommends approval of the Zoning Amendment, the applicant is requesting approval of a conditional use for a self-storage facility on the Apache Plaza site. The location is north of 39th Avenue N.E. directly east of the apartments (see map) . The applicant has submitted a site plan, landscape plan, and letter for your review. PLEASE RETURN PLANS AND RENDERINGS FOR THIS REQUEST TO MR BURT OR • MS. VANDERHYEDEN. THANK YOU. :cjk4.17.90 Weis Companies 3601 Minnesota Drive , Suite 110 Minneapolis, MN 55435 (612) 831-9060 April 2, 1990 Mr . Thomas D. Burt , City Manager City of St . Anthony 3301 Silver Lake Road St . Anthony, MN 55418 Re: Request to construct a self-service storage facility on the northwest quadrant of 39th Avenue Northeast and Apache Lane, St . Anthony, Minnesota. Dear Mr . Burt : As per our meeting of March 21 , 1990,. I am writing to initiate the municipal approval process to allow for the construction of a self-service storgae facility at the above referenced location . This request is focused at two issues: 1 . We seek an amendment to' the Zoning Ordinance of the City • of St . Anthony providing for self-service storage as a saecifically listed conditional use in a Commercial District. Application attached. 2 . We seek approval of the attached Aonlication For Conditional Use Permit . Self-service storage, more commonly referred to as mini storage, is not referenced in the St . Anthony Village Zoning Ordinance as adopted in 1973. Since that time this land use has evolved to a level representing over one hundred (100) individual facilities and nearly three and one half million (3 ,500, 000) square feet in the twin city metropolitan area . Further, the Minnesota State Legislature adopted a statute (M.R.S. Section 514. 970-514 .979) in 1988 providing: a legal definition for a self-service storage facility, a lien procedure for personal property stored at a self-service storage facility, the recognition of a difference between a warehouse and a self-service storage facility. The retail nature of the product has evolved to a point where many of the traditional design and operating norms are no longer the standard. A state-of-the-art, self-service storage facility is. not located .in an industrial area. It is, however , close to the retail center of a community providing the customer with the same convenience as other commercial/retail businesses . The user base is not industrial in nature . In fact, most customers (90% on the average) are private individuals storing household goods . The proposed self-service storage facility will not be detrimental to the ,health, safety, or general welfare of persons residing or working in the vicinity or. injurious to property values or improvements in the vicinity. • Mr . Thomas D. Burt April 2 , 1990 Page 2 Average traffic generation at a self-service storage facility of the size proposed is approximately ten (10) trips per hour. Few, if any land uses , generate this low level of vehicular traffic. The low level of activity as generated my this use will serve as a desirable transitional use between the commercially zoned Apache Plaza to the east and the apartments (R-4) to the west . All activity within the complex will be passive in nature with no noise generating , active functions allowed. The nature of the contents stored in each individual storage space is limited contractually by the Rental Agreement with each Occupant. Items generating a risk to the community are strictly prohibited. Also, as already mentioned, the vast majority of the users of the product are residentially oriented storing personal possessions , furniture or seasonal and sporting goods . The parcel has never been developed partly because of its narrow width as compared to the length. Self-service storage is conducive to the dimensions of the property. Also, this development will enhance the area by providing an architecturally pleasing structure accompanied by well maintained landscaping. The proposed self-service storage facility is desirable at the requested location as it will provide a service which is in the interest of public convenience and will contribute to the general welfare of the community. Currently, there is no conveniently located self-service storage facility offering state-of-the art security and operations to the residents of St . Anthony. The proposed project will offer the latest in technology insuring the best product available today and in the future. The site plan we have submitted for approval incorporates requirements of both the St . Anthony Zoning Ordinance and our internal dictate to construct an economically feasible project . As the revenue generated by the proposed project is directly proportional to the finite amount of space available to rent and the pricing and space availability of .competitive facilities within the primary market , it is critical that a pleasing and acceptable -facility be constructed while stringent budgetary guidelines are adhered to. The site plan as submitted will achieve- this goal. Sincerely, • David B. Deebach DBD/tt Enc. MAR 28 '90 433:29R''1 CITY Or ST. ANTHONY P.22 Date April 2, 1990 CITY 01" ST. AhTI-iONY Petition for Amend.*aent to Zoning Ordinance Applicant Weis Companies Phone (612)831-9060 Address 3601 Minnesota Drive, Suite 110 Minneapolis, MN 55435 Request. for chance regarding: (check approrrizte .66. ) ) restrictions upon buildings, structures , or amenities permitted uses x conditional uses Affected zoning dis=riot Commercial Proposed chan7e (s) and reason (s) therefor: Amendment to the Zoning Ordinance of the City of St. Anthony providing for self-service storage as a- specifically listed Conditional Use in a Commercial District. The ordinance, as adopted in 1973, did not address self-service storage. The land use has evolved since that time to be commercially oriented with extremely low traffic generation and little impact on the surrounding neighborhood. Minnesota Statute 514..970-514.979 is focused at self-srevice storage as a specific use and differentiates the use from a traditional warehouse. (see attached pages) (use additional sheet if necessary.) S g attire of Applicant Date: April 2. 1990 Fee: 5100 .00 CITY OF ST. ANTHONY APPLICATION FOR CONDI'rTONAT USF VEBvr L (other than day care center) Applicant: Weis Companies Phone: 612-831-9060 .. Address: 3601 Minnesota Drive, Suite 110, Minneapolis, MN 55435 Status of applicant (owner, buyer, renter, agent, eta. ) : Leasee Street address and/or legal des==iption of property in question: 2.5 acres located adjacent to the northwest corner of Apache Plaza Zoning district in which property is located: Commercial Self-Service Storage Conditional use proposed: Minnesota Statues and City Ordinances require that the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if •necessary. 1) The proposed conditional .use is one of the conditional uses specifically listed for the zoning district in which it is to be located. Applicant is seeking an amendment to the Zoning Ordinance providing for self- service storage as a specifically listed conditional use in a Commercial District. (see attached pages) 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of persons residing o= working in the vicinity or iniu_Tious to property values or improvements in the vicinity. Low traffic generation, contractural restrictions on the nature of stored goods, 90% residential users, good transitional use between Commercial District to the East and R-4 District to the west, improves area by providing an architecturally pleasing structure and well maintained landscape. (see attached pages) 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. St. Anthony does not have a state-of-the art, self-service storage facility to serve the needs of the community. The proposed project will be convenient, while simultaniously contributing to the betterment of the neighborhood (see attached pages) Signature of applicant: / � I i I ►�-�05�0 1-.dCA��0�1 s Silver I 1 City of St. Anthony . I •••�`�pt• ,�f � oning 8& Street Address Map Ww FN �► , 'T • j • Y z §Yp Y 4 Y Y W W 0 ( W ♦ t` -Ell 9 E ' •W r•w MI ( U - i I o1 1 I ( � is Ap((IN ,r„ j place J } L.W 79 TN AVENUE - —fes be. ' 1. 0. • 1 )STN • AVENUE N.E. J� 7O W 1 30 T14 I I _j Ik aLew, 1 -u ; U .. L - = N . LIN[ El Soo x z O ! J IOM r3t AVENUE N.E: LIENS ON PERSONAL PROPERTY IN SELF-STORAGE $34.970 TITLE. Sections $14.970 to S 14.979 may be cited as the "Minnesota liens on personal property in self-service storage act." History: 1988 C 423 s 1 • 514.971 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 514.97010 S 14.979,the terms defined in this section have the meanings given them. Subd. 2. Self-service storage facility. "Self-service storage facility" means real property that is designed and used only for renting or leasing individual storage space in the facility under the following conditions: (1) the occupants have access to their individual storage space only for the purpose of storing and removing their personal property; (2) the owner does not issue a warehouse receipt,bill of lading,or other document of title for the personal property stored in the storage space; and (3) the property has two or more individual storage spaces. The term does not include a garage used principally for parking motor vehicles or any property-of a financial institution that contains vaults,safe deposit boxes,or other receptacles for the uses,purposes,and benefits of the financial institution's customers. Subd. 3. 0,Aner. "Owner" means one or more persons,jointly or severally, who are either the owner of a self-service storage facility, or the lessor of an entire self- service storage facility, and who receive rent from an occupant under a rental agree. meat entered into with the occupant. Subd. 4. Occupant. "Occupant" means a person who rents storage space at a self-service storage facility under a rental agreement entered into with the owner. Subd. S. Rental agreement. "Rental agreement"means a written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility. Subd. 6. Personal property. "Personal property" means money and every inani- mate tangible thing that is the subject of ownership. The term does not include • anything forming part of a parcel of real estate and agricultural commodities. Subd. 7. Default. "Default" means failure of the occupant to pay the rent and other charges becoming due under the rental agreement within 15 days atter the rents and other charges become due under the terms of the rental agreement. Subd. B. Storage space. "Storage space" means an enclosure, cubicle, or room that is fully enclosed and equipped with a door designed to be locked for security by the occupant. Subd. 9. Security deposit. "Security deposit" means any deposit of money with the owner used to secure performance under the rental agreement. _ History: 1988 c 423 s 2 $14.972 LIEN AGAINST PROPERTY. Subdivision 1. Creation. The owner of a self-service storage facility has a lien against the occupant on the personal property stored under a rental agreement in a storage spaceat the self-service storage facility, or on the proceeds of the personal property subject to the defaulting occupant's rental agreement in the owner's posses- cion. The lien is for rent,labor, and other charges in relation to the personal property specified in the rental agreement that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the sale or other disposition of the personal property under law. The lien provided for in this section is superior to other security interests except those perfected before the date the lien attaches. Subd. 2. Attachment. The owner's lien created by this section attaches as of the date the occupant is in default unless the occupant obtains a court order to recover Possession of personal properly in the self-service storage facility. No lien is created under subdivision l or shall attach under this subdivision to any personal property listed under subdivision 5, unless the occupant fails to remove the personal property before the sale authorized by section 514.973. An owner loses the lien on personal • propert�that the owner permits to be removed from the self-service storage facility or .: owusti ably refuses to permit to be removed from the facility. Subd. 3. Security.deposits. No lien is-created under subdivision 1 if the owner has possession of a security deposit sufficient to cover rents and other charges at the ' tints of an alleged default. ` 9362 S14.973 L1EK%-LABOR.MATERIAL ice of default Subd. 4. Denial la t known address of the occupant. The owner on default the owner shall mail tmay deny the to the occupant at the last occupant access to the personal property contained in the self-service storage facility • alter default,service of the notice of default, for denial of expiratio a d eedate sta The notdice of default access, and application of arty s:curity deposit to 'unpaid must state the date that t occupant f cilitye and tthat access.will beed access to the cden cid until he property in the self-service tice of default must state that any dispute owner's claim has been satisfied. The rte he occupant beginning legal action in court regarding denial of access can be raised by i.Notice of default must further state the rights of the occupant contained in subdivision 5. Subd. S. Access to certain items. The occupant rsonal clothing of the occupant and the service storage facility personal papers,health aids, pfor the the occupant's depthat has Market-value of ts,Ind personal property S50 per item,f demand livelihood of any occupant,that has a m of the persons listed in section S 14.he subdivision 1. The occupant s ordinary business hours list of the items, and may remresent a o�a them during the facility denies the prior to the sale orauthorizedtpurpose of removing he itesection 314.973. mthe owner unjustifiat s specified in this subdivision,the occupant access for a occupant is entitled to self-service storagen order lgaccess to the fac facility is liable to unit for for the costs, specified items. The se disbursements and attorney fees expended by the occupant to obtain this order. History: 1988 c 415 s 3 514.973 ENFORCEMENT OF LIEN. 0 to 514.979 r a claim that has An owner's lien established under in the samesections 51 S7 vehouse operators liens under become due must be enforced section 336.7-210. • History: 1988 c 415 s 4 514.974 ADDITIONAL NO'T'IFICATION REQUIREMENT. the In addition 10 r personal requirementshe must include a3no:ice oathe notification f f denial of aces to the proposed sale rt pe property personal to mai t thelthe o occupant owner's nder sections 3 970 Ito $14.979 hall be sent o the notice the owner is required to mail o P the occupant in the mailing address and the alternate mailing address provided by rental agreement. History: 1988 c 415 s 5 514:975 RENTAL AGREEMENTS. The rental agreement between the owner and the occupant must include nt to Ptincludi B sure of the lien rights of the owner upon failure f containehe d in the self-service storage the right to deny access to certain personal property the facility, and the extent and the in the leased premises•A rental ag eementgmay occupant's personal property stored not exempt an owner from liabiThe ratfr a agreement eement m stt request the occupant to ages 10 an occupant's ersonal property caused by the owner's negligence. insert an alternate mailing address. History: 1988 c 425 s 6 514.976 DISCLOSURE AND ACTIONS. Subdivision 1. terwiseDisclosure. writin re shall prior to commencement of he Occupancy the ant either in the rental agreement or otherwise n g P name and address of: (1) the person authorized to manage the premises, and • • .936 LIF-NS.LABON MATERIAL S14.979 (2) an owner of the premises or an agent authorized by the owner to accept service of process and receive and give receipt for notices and demands. Either in the rental agreement or otherwise in writing the occupant shall also be notified that the owner prohibits the storage of hazardous materials. Subd. 2. Posting of notice. A printed or typewritten notice containing the information that must be disclosed under subdivision 1 must be placed in a conspicu- ous place on the premises. Subd. 3. Alternate service: If subdivisions 1 and 2 have not been complied with and an occupant desiring to make service of process upon or give a notice or demand to the owner does not know the name and address of the owner or the owner's agent, as that term is used in subdivision 1, then a caretaker or manager of the premises or an individual to whom rental payments for the premises are made is deemed to be an agent authorized to accept service of process and reeeive'and give receipt for notices and demands on behalf of the owner. Subd. 4. Action. Except as otherwise provided in this subdivision,an owner may not maintain an action to recover rent or possession of the premises unless the information required by this section has been disclosed to the occupant, or unless the information is known by or has been disclosed to the occupant at least 30 days prior to the initiation of the action. Failure by the owner to post a notice required by subdivision 2 does not prevent any action to recover rent or possession of the premises. Any action begun by the owner or occupant shall be venued in the county where the facility is located. If an action to recover possession of personal property in the facility • is begun by the occupant, the burden of proof shall be borne by the owner that default has occurred and the, provisions of sections S 14.970 to S 14.979 have been followed. Subd. S. Application. This section applies to any successor owner, caretaker, manager, or individual to whom rental payments for the storage space are made. History: 1988 c 425 s 7 514.977 DEFAULT. If an occupant defaults in the payment of rent or otherwise breaches the rental agreement, the owner may commence an unlawful detainer action under section s6a.oi. History: 1988 c 425 s 8 $14.978 WAIVER OR MODIFICATION PROHIBITED. The owner and occupant may not waive or modify the provisions of sections 314.970 to 514.979. History: 1988 c 425.r 9 $14.979 ADVERTISING. No owner shall advertise or represent its services, or permit its services to be advertised or represented, in a manner that uses the word "warehouse" unless the owner is licensed and bonded as provided in chapter 231. . Nothing in this section prohibits the use of the term "self-service storage facility" in an advertisement or representation. Historyt 1988 c 425 s 10 Planning Commission Meeting April -17 , 1990 Page 4 • 1 Chairperson Madden read alound the Notice of Hearing to consider an 2 Amendment to the Zoning Ordinance and Conditional Use Permit request 3 from the Weiss Companies which as published in the April 4 , 1990 4 Bulletin and sent to all property owners of record within 350 feet 5 of the subject property . The Amendment was requested to provide 6 for self-service (mini-storage ) as a specifically listed Conditional 7 Use in a Commercial District where such a use is now considered an 8 Industrial use . 9 In Upon approval of the Amendment , the applicant is seeking a Conditional 11 Use Permit in a "C" Commercial District for constuction of a self- 12 service storage facility on 2 . 5 acres adjacent to the northwest corner 13 of Apache Plaza Mall and immediately east of the Equinox Apartment 14 Building garages . 15 16 When the Chair asked whether anyone present had - failed to receive the 17 notice of the hearing , Ren Solie, 2817 Silver Lane, requested the specific 17 location of the proposed facility. Mr. Burt estimated the facility would. 19 be approximately 100 feet from the Apache Medical Office building on 20 Stinson Boulevard . Mr. Solie then identified himself and Gerry Cowan 21 who was with him as the owners of Village Properties who are part owners • 22 of the medical building. He said they had received no notice of the 23 hearing and only learned it would be held during a casual conversation 24 within the last few days . The City Manager indicated he assumed their 25 company was not listed on the tax rolls for that building which was 26 used to identify those who are required by law to be notified of such 17 a hearing. 28 29 When asked , Mr. Solie indicated he and Mr. Cowan would not object 30 to continuation of the hearing but because they had no opportunity to 31 review the plans for the new facility might request the Commission 32 consider tabling a recommendation after the testimony of other interested 33 parties present that evening was taken . 34 35 Staff Report 36 37 Mr. Burt discussed his April 10th memorandum to the Commissioners in- 38 cluding the results of an informal survey he had made of surrounding 39 suburbs to ascertain how they treated similar facilities in their 40 ordinances . He said from the response he had concluded that typically 41 self-storage facilities remained an Industrial use and were still 42 viewed as "warehousing uses. 4.3 44 The City Manager reported receiving three inquiries of where the 45 facility would be located from Silver Lane residents who were, concerned 46 the vacant area at Stinson and Silver Lane might be the site of the 47 proposed development. When the callers realized where the facilities 48 were being requested, they were no longer concerned. 49 50 The agenda packet contained copies of the detailed site and landscaping Planning Commission Meeting April 17 , 1990 Page 5 • 1 plans as well as a letter from the applicants giving justifications for 2 making the requested zoning change. Mr. Burt identified the owner of 3 the property as Apache and not the applicants . 4 5 The public hearing opened at 8 : 0.3 P. M. with Weiss Companies repre- 6 sentatives , Norman Brody, David Deerach, and Charles Habiger answering 7 Commission questions related to the 700 unit storage facility the 8 proposed constructing predicated upon approval of the site plan . 9 The development location would be within a narrow 800 foot long 10 space which has remained undeveloped since the Apache mall has been 11 in existence . 12 13 The Weiss Companies representative told the Commissioners market 14 studies had show this area of multi residential development would be 15 very conducive to- their proposed facility which they anticipated 16 would be designed for 90% residential and 100/0' commercial use as 17 adjusted for user mix. The study indicates a need for 300, 000 square 18 feet of self service units within a five mile radius . 19 The owners intend to operate the facility much like a regular retail 20 operation from an office in the facility which would be retain in nature • 21 with large windows, a decorative canopy in front and signage to match 22 the adjacent retail mall operation . The facility would be open to its 23 users only during regular store hours . There would probably be no access 24 to the building much after 9 : 00 P. M. Security would be provided by 25 a secure card access which would be recorded on a print out system 26 in the office . The hours the facility would be open would be designed 27 not to adversely affect the nearby residential neighbors and users woul 28 be locked out of their units after normal business hours . 09 30 The applicants indicated there would be a 10 foot buffer around the 31 perimeter of the facility which would meet all pertinent codes. 32 33 There would be nine different sized units with only 15 or 20 of the 34 larger 30 foot wide by 30 foot deep available for merchants use. The 35 smaller -units would be mostly located on the second . These would be 36 the size of a small closet, 5 feet by feet, designed for use of 37 apartment dwellers who need additional space for seasonal equipment, 38 etc. Other sized units could be utilized by residents who for one 39 reason or another are downgrading their housing needs . 40 41 Twenty foot driveways should be sufficient for the type of vehicles 42 expected to use - the majority of these units. Most users of the larger 43 units would be expected to bring materials to and from the units in 44 vehicles not anticipated to exceed two axles like pickups. Only rarely 45 could a multi axel vehicle be expected to access the building and then 46 only for a short time. Commissioner Madden had noted that a similar • 47 facility in the Village had 34 foot driveways and mentioned that some 48 vans were stored in those units. Mr. Brody indicated seven foot headers 49 on the doors would probably prevent large vans from being stored inside . 50 Planning Commission Meeting April 17, 1990 Page 6 • 1 Concerns about flammable materials being stored in the facility would also 2 have to come into play with probably only cars stored there long term when 3 the tanks would have to be emptied . 4 5 Commissioner Werenicz that the pylon sign idicated on the plans would 6 not be allowed by the City Sign Ordinance and only one sign would be 7 allowed on the building . 8 9 The building would be a masonry project with decorative block on the walls 10 exposed to the exterior. Accent earth tone striping would probably be used . 11 A standing seam steel roof is anticipated but bids are being taken now 12 on a masonry or precast concrete roof . 13 14 The definition of the facility is "pure passive storage" to comply with 15 the self storage law enacted in Minnesota in 1988 . Therefore only one 16 light fixture would be provided to the large units and because the 17 facility would only be open during daylight hours the smaller units 18 wouldn ' t even need that fixture. There will be no climate control in 19 the building and no opportunity for unit owners to work on cars or anything 20 else in their units . • 21 22 Summer time hours might be extended out to accomodate contractors , etc. 23 who start work earlier and finish later to get their equipment out of their 24 units . Activity diminishes in the winter hours so the hours of operation 25 would be shortened up during that season. Gate hours when a unit owner 26 may access the building electronically may differ from the office hours 27 just like banks with ATM facilities . The gate hours in the winter may 28 be from 7 : 00 in the morning until 8 :00 at night with the office only 29 open from 8 :00 A. M. to 6 : 00 P. M. In the summer hours the gate would be 30 from 6 : 00 A. M. to 9: 00 P . M. but the office hours would be the same. 31 For security reasons the company does not desire to be open in the late 32 evening hours and they don ' t want anybody in the facility after closing 33 time. In deference to the apartment dwellers near the facility all 34 exterior lighting would be downlighted . 35 36 All storage of hazardous waste would be contracurally prohibited in these 37 units . The storage of toxic or flammable materials or even materials that 38 might degrade, including food will be prohibited in the rental agreements . 39 Control will be provided by the onsite management . However they can only 40 inspect materials when they are put into or taken out of the units since 41 they have no access into the units themselves when they are unattended. 42 Mr. Brody .added that apartment garages in the area offered less security 43 than they provided behind locked gates, electronic security and video 44 cameras throughout . He then described the print out system which keeps 45 track of any egress to the building . 46 47 Access to the second story units it by stairwell or mechanically operated 48 hydraulic lifts designed to transport materials but not people which come 49 in at the west side of the center building. 50 Planning Commission Meeting April 17 , 1990 Page 7 1 Commissioners were also advised that the Weiss Companies had negotiated 2 a lease which was a 20 year lease with 4 five year extensions . The building 3 would not be sprinkled . They were assured that if the onsite security is 4 kept operational necessity for police security should be absolutely minimal . 5 There are only two points of entry and one way to get out of the building 6 The height of the security fence would be whatever the City code allowed 7 with wrought iron fencing with sliding gates and chain link fencing to 8 the rear with barbed wire on top if allowable. as further deterrent . 9 10 Ren Solie indicated that the owners of the office building were concerned 11 that with all the distressed commercial in the area adding industrial use 12 would only add to the poor image already present in that center. He said 13 he wasn ' t very comfortable with the proposed industrial use in an area 14 which is and should be developed increasingly with successful and strong 15 commercial use . 16 17 the public hearing was closed at 8 : 37 P. M. for Commission discussion. 18 19 It was determined that the only City street in the complex was 39th 20 Avenue . • 21 22 Comments by the Commissioners were as follows : 23 Commissioner Hansen said his primary concern zras allowing an industrial 24 25 use in a commercial area . He preferred a retail shopping strip. 26 Commissioner Brownell agreed the use fit more appropriately in an indus- 27 trial rather than a commercial area . However, he said he thought this 29 would be a good use for this spot because there are already commercial 30 endeavors which haven ' t met with much success in this center . He perceived 31 putting another small shopping center would not particulary benefit the 32 existing property owners . 33 Commissioner Werenicz said he would like to research the recent Minnesota 34 statute on this type of use. He indicated he found the concept "very 35 interesting and thought it might work in this particular area. He didn' t 36 view this as an industrial type use and perceived the applicant had made 38 some valid arguments about times changing which might make the City Zoning 39 Ordinance somewhat outdated when it comes to new uses like this one. 40 He didn ' t see the need for another commercial strip in that location where 41 two are already dying. He couldn ' t perceive any other use going into 42 that particular space. 43 44 Commissioner Franzese indicated she agreed with what had been said about 5 the existing uses in that center and questioned whether a closed in facilit 45 like this one really fit in that area or might rather be detrimental to 47 the surrounding vicinity. • 49 Chairperson Madden thought the facility would provide a good buffer between 50 the residential Equinox and the commercial Apache. He didn' t see this as Planning Commission Meeting April 17, 1990 Page 8 • 1 - "nuisance providing environment . " However he thought to amend the 2 ordinance for the use would be a big step he wasn ' t really sure 3 he wanted to take because it would open the commercial districts 4 in the City to this special use as well . He agreed the City didn ' t 5 have that many areasavailable for commercial anyway and he said he 6 wouldn ' t want to make the wrong choice on one that . is still open. 7 8 Commissioner Wagner indicated he would tend to favor the request. 9 He pointed out that there aren ' t that many large units in the facility 10 to lend it to an industrial use although he anticipated 15 or 20 of 11 the largest units might be too many to really pursue the residential 12 and private storage . If it remains gauged for primarily that type of 13 use, he 'didn ' t think it would be such a bad operation for that location 14 nor would it adversely impact the rest of the area . The Conditional 15 Use Permit can be written to assure the facility would be kept up 16 and the area around it properly maintained . He perceived if kept up 17 this . facility would look as good as the back of the garages now which 18 it would shield . He wondered if this facility might not even bring 19 in more shoppers for the area . However , with control of the materials 20 which can be stored there he didn ' t see how the facility could be 21 detrimental to the surrounding area and questioned whether the Fire • 22 Department would allow the building not to be sprinkled . 23 24 Commissioner Faust commented that the market studies had indicated this 25 to be the highest and best use for that land. He said if that area has 26 been vacant all those years he couldn ' t help but believe a 700 unit 27 facility was bound to bring in people t.ho might want to shop in Apache 28 Plaza while they were there . 29 30 Mr. Burt advised there was no vehicle for treating this area separately 31 because to do so could easily be viewed as "spot zoning" . However, 32 size requirements could be put in the ordiance which would prevent the 33 use in smaller commercial areas . You could also limit the site size by 34 citing a maximum amount of land or acreage which could be used for that 35 type of facility. He pointed out that there are only two vacant pro- 36 perties in the City now besides Apache and they are both quite small . 37 He identified these as the triangular piece of land in the Kenzie 38 Terrace area and the area just north of Firestone near the medical 39 office. However it would be prudent to put restrictions of size in 40 the ordinance in case a commercial area did move out. 41 42 The City Manager told Commissioner Franzese he was aware of only one 43 industrial area open to development inthe City now and that was the 44 land east of American Monarch which is up for sale now. Chair 45 Madden observed that parcels location right across from residential 46 made it less desirable for this type of use than the parcel considered 47 that evening. . • 48 Chair Madden indicated he used the storage facilities near his home 49and perceived the resident manager was not doing a good job of maintenani 50 outside. Planning Commission Meeting April 17, 1990 • Page 9 1 The notification requirements for public hearings were explored with 2 the City Manager advising that if there was any question at all whether 3 that requirement had been met for this hearing, action should be tabled 4 5 Commission Recommendation 6 7 Motion by Werenicz, seconded by Wagner to table action on the Weiss 8 request until the third Tuesday in May, 1990. 9 10. Motion carried unanimously. � 11 12 The meeting was recessed from 8 : 58 P.M. to 9:05 P.M. when Chairperson 13 Madden read aloud the Notice of Hearing to consider the request from 14 James and Harriet Pirino to allow a 33 foot front yard setback from 15 the average front yard of the two adjacent lots of 53 feet required by 16 Ordinance. Approval of '*the petition for the 20 foot variance would 17 allow the applicants to locate the home they had moved into St . Anthony 18 facing east on their property at 2917 33rd Avenue N. E. with a garage 19 proposed in the front of the house leaving a front yard setback of only 20 33 feet . • 21 22 The notice had been published in the April 4th Bulletin and sent to all 23 property owners of record within 300 eet of the subject property. No 24 one present reported failure to receive the notice or objected to its 25 content . 26 27 Staff Report 28 29 City Manager Burt reiterated much of the information in his April 10th 30 1990 memorandum and gave the timetable of events which had prompted 31 Public Works Director Hamer to issue a stop work order on the constructioi 32 of the garage early in March. As noted in his memorandum , Mr. Burt 33 indicated the project was allowed to proceed with the understanding 34 on the part of the applicants that finishing the block work on the garage 35 would be at their own risk and could be ordered out, pending the outcome 36 of the variance request. 37 38 The City Manager reported he had consulted City Attorney Soth regarding 39 the lanquage in the City Ordinance regarding front yard setback require- 40 ments . Mr. Soth agreed that the 1973 Ordinance might be open to intre- 41 pretation which he perceived could be made by the Planning Commission 42 and Council. A copy of the pertinent section of the ordinance had 43 been provided in the agenda packet. 44 _ 45 The City Manager also indicated he had driven around the City and re- 46 searched the files regarding any non conforming front yard setbacks. • 47 This had led him to conclude that except for the homes which were destroy 48 -ed by the 1984 tornado and were allowed to be reconstructed on their 49 original foundations as well as those which had been grandfathered in 50 with the adoption of the 1973 Ordinance, there was only one home where ain thou ilia a PLPPROVAI, : 'DATE : May 9, 1990 TO : Planning Commission Members FROM : Sue VanderHeyden, Assistant to the City Manager F�r : SETBACK VARIANCE REQUEST - 2608/10 - 37TH AVENUE N.E. Ms. Barbara Zielinska and Z. H. Zawieruszynski, owners of the property at_ 2608/2610 - 37th Avenue N.E. , are requesting a variance to the front yard setback requirement of the City Ordinance to be allowed to build two double garages at the front of the double bungalow. This request was first presented to the Planning Commission at the April 10, 1990, meeting, at which time the Commission recommended denial of the variance to the City Council. The Council, at its April 17th meeting, was presented with an amended plan and therefore, the Council referred the request back to the Planning Commission. • Staff is still very concerned about the safety issue with cars parked in the driveway being extremely close to the street and thus also being a hazard when snow plowing occurs and the utility lines not having sufficient ground cover. In addition, there is an 11 foot right-of-way which legally cannot have cars parked on it, leaving only 7 feet between the right-of-way and the beginning of the proposed garages. • :cjk5. 15. 90 Date• L) - L I �1 �1 iv Fee • . (R-1. . . . .$15.00 Other. . . . . . . . . . . . .$25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: ja I Phone: Address:.. r '' Status of applicant. (owner, ' buyer, renter, agent, etc. ) : Street address and/or legal description of property petitioned for variance: Zoning district .in swhich property is located: r Request: Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved,. the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3) The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in the parcel of land.. Signature of applicant �r 1 CITY OF ST. ANTHONY • PETITION FOR VARIANCE 3) The alleged difficutly or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. The first city ordinance that created difficulty is the ordinance that prevents parking on the street during the winter months. Because the cars then have to be parked in the driveway, a reshuffling of the cars ig necessary every time you want to remove a car from the garage. Replacing the two single car garages with two double car garages would solve the parking problem. The second city ordinance that creates difficulty is the setback requirement of 35 feet. Right now, cars are parked from the street until the 35-foot setback. The variance would allow that the cars would be parked in that same area, but have them enclosed in a garage which would improve the appearance of the front of the house. We have owned this parcel of land for less than two years. This hardship was not created by us. However, we are trying to • resolve this hardship and- to improve the appearance of our property. • i INDUS IAL: ART PRINTING A` • IE CUTTINGi 01 2720 MAJOR AVENUE NORTH V � I v GOLDEN hZ c^--y -� 01 --7 48 ZZ 11, r 0°) �,8 L9 QQ'pc Regular Council Meeting April 24, 1990 page 2 1 The City Manager will draft a letter for the'Knights of Columbua stating 2 City Council approval . The letter can be picked up on April 26th. 3 4 5. CLAIMS 5 6 A. Verified 7 Motion by Marks, second by Makowske to approve the verified claims for 8 the liquor accounts payable dated 3/31/90 and 4/12/90 and for accounts 9 payable dated 4/26/90. 10 Motion carried unanimously 11 ' 12 B. North Memorial Medical Center 13 Motion by Marks, second by Enrooth to approve payment in the amount of 14 $5,325.00 to North Memorial Medical Center for a First Medic Defibrillator. 15 16 Mayor Pro-tem Ranallo inquired if bids were sought for this item. The City 17 Manager stated quotes were received. 18 Motion carried unanimously 19 20 C. Wahl 6 Wahl , Inc. 21 Motion by Makowske. second by Marks .to approve payment in the amount of 22 $2,353.00 to Wahl & Wahl , Inc. for a facsimilie machine. 23 • 24 It was noted that the machine is located in the Police Department but is 25 used by the entire City Hall staff. 26 27 Motion carried unanimously 28 29 6. REPORTS 30 31 A. Planning Commission - April 17, 1990 32 33 The minutes of the April 17, 1990 Planning Commission meeting were distributed 34 to the City Councilmembers. Commissioner Hansen stated that the minutes accurately 35 reflect the proceedings of the meeting. ' 36 37 Commissioner Hansen is representing the Planning Commission at this meeting. 39 1 . Setback variance request - Barbara Zielinska, 2608/10 37th Avenue N.E. 40 This request is to allow a twenty foot front yard variance to the 35 foot �1 front yard setback required by ordinance to allow the construction of two �r42 double garages. d.: 43 44 The Planning Commission had recommended denial of this request noting 45 their shared concerns regarding safety, inability to answer all of the 46 questions affirmatively on the Petition for Variance and the nature of 47 this request being based on actual undue hardship. 48 49 Ms. Zielinska directed the Council 's attention to the plans and drawings • 50 she brought of the proposed garages. She noted that these plans and drawings Regular Council Meeting April 24, 1990 page 3 1 were different than those she brought to the. Planning Commission meeting. 2 She stated that the major change in the plans was the distance from the 3 street to the garages. VanderHeyden indicated her concern with this con- 4 struction interfering with the public right-of-way. 5 6 The City Attorney reviewed the plans and felt he could not give a opinion 7 without knowing where the lots lines were . He suggested a survey should be 8 gotten of the parcel . 9 10 Councilmember Enrooth felt the Council should be making a decision on the 11 same plans the Planning Commission had viewed. Commissioner Hansen agreed 12 and noted that one of the concerns of the Planning Commission has been the safety 13 factor. Councilmember Enrooth noted that this type of situation had happened 14 before and felt it did a diservice to the Planning Commission. 15 16 Mayor Pro-tem Ranallo observed that the site lines of this home are in line 17 with those adjacent to it. 18 . 19 Councilmember Marks wondered if this changed plan could still answer the three 20 questions affirmatively of the Petition for Variance. 21 22 Ms. Zielinska again' stated her family's need for additional parking. The �3 family presently has four vehicles and she feels it is more unsafe for the • 24 area when any of the cars are parked on the boulevard.. 25 26 Councilmember Makowske inquired of Commissioner Hansen if he thought the �7 Planning Commission might have responded to this request differently if 28 it had these new plans and drawings. He said the concerns of the Planning �9 Commission and of the City staff focused on safety and public right-of-way. 30 He felt if the Planning Commission were to address this issue again it would 31 be very helpful to know exactly where the right-of-way is located. 32 33 Motion by Makowske, second by Marks to table this matter so- the Planning 34 Commission can take a second look at it. Councilmember Makowske suggested 35 that the changed plans and drawings be shown to the Planning Commission 36 and that the matter of the lot lines be reviewed. She suggested that Ms. 37 Zielinska meet with the City Manager who will obtain the survey showing 38 the lot lines. 39 40 Motion carried unanimously 2. Setback Variance Request James Pirino, 2917 33rd Avenue N.E. 43 44 Commissioner Hansen again stated that the minutes of the April 17, 1990 45 Planning Commission meeting accurately reflected the proceedings of the 45 meeting. . 47 Pirino stated his position, under the advise of legal counsel , that a variance 48 is not required. He is requesting a front yard variance of twenty feet from 49 the average front yard setback (53 feet, 4 inches) of the two adjacent pro- 50 perties. o CITY OF ST. ANTHONY PLANNING COMMISSION MEETING MINUTES APRIL 17 , 1990 �- The meeting was called to order at 7 : 30 P. ii. with the Pledge of 2 Allegiance led by Chairperson Madden . 3 4 ROLL CALL -5 6 Present : Faust , Franzese, Wagner, Hansen, Madden, Brownell , Werenicz . 7 8 Also present : Thomas Burt, City Manager 9 Sue VanderHeyden , Assistant to the City Manager 10 11 MINUTES 12 13 FEBRUARY 20, 1990 PLANNING COMMISSION MEETING 14 15 :Motion by Brownell , seconded by Hansen to approve the minutes of the 16 above meeting with the following changes : 17 • 18 Page 1 , line 46 : Insert "square" after "one-half" . 19 Page 2 , line 9 , insert "due" between "were" and "to" . 20 Page 2 , line 12 , Insert "to" between "as" and "the" . 21 Page 2 , line 26 : Correct "were" 22 Page 3 , line 21 : Correct to indicate 1112 or 16 foot section" . 23 Page 5 , line 22 : Correct "Madden" . 24 Page 5 , line 4.6 : Substitute "closed for continuation" for "was 25 closed. " 26 27 Motion carried unanimously . 28 The matter of the signage on the former Medtronics building on Page 6 29 will be further investigated by the Assistant to the City Manager. 30 31 APRIL 3, 1990 PLANNING COMMISSION HEARING ON CDBG FUND ALLOCATION 32 33 34 Motion by Wagner , seconded by Werenicz to approve minutes as presented. 35 COMMISSIONER HANSEN TO REPRESENT PLANNING COMMISSION AT APRIL 24, 1990 36 COUNCIL MEETING 37 38 39 PUBLIC HEARINGS 40 \V4 2 Denial Recommended for Requested Front Yard Variance for 2608/10 37th 43 Avenue N. E. 44 • 45 Chairperson Madden read aloud the Notice of Hearing to consider a request 19 from Barbara Zielinska/H.C. Zavieruszynski to allow a 20 foot front 48 yard variance-.- .to. the 3 5foot front yard setback required by Ordinance 49 for the property at the above address. No one present reported. failure 50 to receive the notice or objected to its content. ' 4 Planning Commission meeting April 17 , 1990 Page 2 1 The Chairperson explained the procedure to be followed for such hearings 2 to the 20 or so persons present. 3 4 Staff Report 5 6 7 Ms. VanderHeyden restated some of the concerns staff had regarding 8 the variance which had been presented in her April 10th memorandum 9 in the agenda packet . These included potential safety problems with 10 a driveway only 15 feet long as well as concerns that the private 11 service sewer lines into the units which are now buried in the slope . 12 in the terrain in front of the projects might not be adequately covered 13 when the garage units are constructed over them. She also mentioned 14 the possibility of liability for the City should the City snow plows 15 hit one of the cars parked in the driveway during the winter. 16 The Assistant to the City Manager also reported finding no 17 precedent for allowing a similar variance in the City other 18 than for non-conforming front yard structures which were grandfathered • 19 in with the 1973 ordinance or allowed after the 1984 tornado. 20 She said the only instance she could find was for a garage 21 in front of the Hance home on Silver Lake for which the Council 22 had found .a hardship resulting from the stringent requirements 23 imposed on lakeshore property by the DNR. 24 Mr. Burt indicated the City ' s utility lines in the public right of 25 way would not be impacted by the proposed construction . 26 27 The public hearing was opened at 7 :43 P. M 28 29 Barbara Zielinska, the only spokesperson for the variance, reported 30 her family was now driving four vehicles and needed more than a single 31 garage for their three bedroom bungalow. She indicated a double garage 32 would allow them to hide two of the vehicles from view and would leave 33 only two vehicles on the driveway rather than the three which will have 34 to be parked there during the winter when the City ' s parking restriction 35 are in force. The applicant also pointed out that three vehicles parked 36 on her driveway posed a greater obstruction to the view of neighbors 37 exiting onto that busy street. 38 39 Mrs . Zielinska_.reported the applicants had a contractor friend as 40 well as an uncle who is an architect who would help them with the projec 41 and assure a nice appearance for the garage exteriors . The existing 42 garages would be sealed off and perhaps utilized as living space later 43 on she told Commissioner Franzese. However, the need for more garage 44 space for the four vehicles was the prime consideration right now. • 45 The applicant also told the Commissioner she had discussed the project 46 with her neighbors and they had indicated .no objection based on their 47 knowledge of the "good care her family already gave their property. " 48 49 There was no one else present to speak to the issue and the public 50 hearing was closed at 7:49 P. M. for Commission consideration. Planning Commission meeting April 17 , 1990 Page 3 • .1 2 Commissioner Faust indicated his concern with the conformity of the 3 project with other front yard setbacks in adjacent properties and the 4 safety factor of having only 15 feet of driveway which even one normal 5 sized car would fill . 6 7 Commissioner Wagner said he was also concerned with the length of 8 drive-way to accommodate the vehicles but his greatest concern was g the size of the variance, 20 feet which would make the new garages so 10 far out of alignment with other front yards in the same area . 11 12 Commissioner Hansen said he was also concerned about the safety factor 13 with parking even two cars on only 15 feet of driveway exiting onto that 14 busy street . He imagined that a driver would almost be out in the street 15 before he or she had a chance to judge the speed of approaching vehicles . 16 17 Commissioner Brownell questioned whether the three questions which the 18 applicant had to answer affirmatively on the Petition for Variance could 19 realistically have been answered thus for this project . He perceived • 20 the variance relieved more of an inconvenience than an undue hardship; 21 saw no extraordinary circumstance related to that particular parcel to 22 justify a variance, and did not agree that the City Ordinance caused 23 any particular difficulty or hardship for the property owners . He indi- 24 cated he would therefore oppose granting the variance. 25 26 Commissioner Werenicz also questioned the validity of affirmative replies 27 to the three questions and joined the other Commissioners in their 28 opposition to the variance. 29 30 Chairperson Madden said the magnitude of the discrepancy in structure 31 alignment with adjacent properties in addition to the problem the shorter 32 driveway might pose for the City snow removal plows prompted his 33 opposition to granting the variance. 34 35 `lotion by Werenicz, seconded by Wagner to recommend that the City Council 36 deny the request for a 20 foot variance from the 35 foot front yard set- 37 backs maintained by adjacent properties for two double garages in front 38 of the double bungalow at 2608/10 37th Avenue N. E. finding that ( 1 ) the 39 Commission did not perceive the three questions in the variance applicati, 40 could be answered in the affirmative; ( 2 ) the safety factors and potentia 41 problems with the sewer line with the construction justified the denial 42 of the variance as well as (3) the lack of precedence for granting simila 43 requests in the past . 44 ot405_ Motion carried unanimously. 47 Zoning Change for Self-Service Storage Project at. Apache Tabled to 48 Allow Additional Notification of Property Owners in the Same Area 49 50 1 CITY OF ST. ANTHONY 2 3 SPECIAL COUNCIL MEETING 4 5 MAY 1 , 1990 6 7 .8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The Special Council Meeting was called to order at 7:02 p.m. and the Pledge 11 of Allegiance was led by Mayor Pro-tem Ranallo. 12 13 2. ROLL CALL 14 15 Present: Councilmembers Marks, Enrooth, Makowske, Ranallo 16 Absent : Mayor Sundland 17 Staff Present : City Manager Burt and Assistant to the City Manager VanderHeyden 18 19 . 3. RESIGNATION OF MAYOR SUNDLAND 20 21 Mayor Pro-tem Ranallo advised that a letter, dated April 25, 1990, had been 22 received from Mayor Bob Sundland tending his resignation as Mayor. • 23 24 The City Manager received a letter from Bill Soth, the City Attorney, dated 25 April 26, 1990, regarding what procedures should be taken by the Council in 26 respect to the resignation. The Council received copies of this letter and �7 Mayor Pro-tem Ranallo read it aloud at the meeting. 28 �9 The letter stated, that upon acceptance of the resignation by the Council , 30 a vacancy is created in the office of Mayor, and this vacancy is to be filled 31 by Council appointment for the balance of the. Mayor's term. 32 33 The person appointed by the Council will serve until another person. is 34 elected at a regular City -election. It was noted that this procedure 35 is governed by Minresota Statute. 36 37 Also, under- Minnesota Statute, a member of the City Council may be appointed 38 to the office of Mayor. The member appointed may not vote on the appointment. 39 40 The letter advised if one of the Councilmembers is appointed as Mayor, and 41 accepts the appointment, he would have to resign his current position on the 42 Council . This resignation would create .another vacancy on the Council which 43 would need to be filled by a Council appointment. The Councilmember appointed 44 as Mayor may participate in the appointment for that vacancy on the Council . 45 46 It was noted that the vacancy on the Council need not be filled immediately. 47 It can be made at a later date, thereby affording the Council to interview 48 candidates and consider applications of interested persons. 49 • 50 50 The City Attorney's letter also advised the Council regarding the length of Special Council Meeting May- 1 , 1990 page 2 1 of term of the appointee. If the Council vacancy occurs during the first 2 two years of a four-year term, the appointee will serve only until the 3 next City election, when a special election will be held to fill the remaining 4 two years of the term. If the vacancy occurs in the last two years of the 5 term, the appointee will serve for the remainder of the term of the person 6 replaced. 7 8 Mayor Pro-tem Ranallo had inquired of the City Attorney what the outcome 9 would be if there were a tie vote, that being, two to two, in filling 10 the vacant Council seat. The City Attorney felt this motion would probably 11 fail for lack of a majority, but he will research the question and advise 12 the Council of his findings. 13 14 Motion by-Marks, second by Enrooth to accept the resignation of Robert 15 Sundland as Mayor and place his letter of resignation on file. 16 17 Motion carried unanimously 18 19 4. APPOINTMENT OF MAYOR 20 21 Motion by Marks, second by Makowske to appoint a qualified person to fill 22 the position of Mayor; and since Clarence Ranallo has been filling that • �3 position and has been serving as Mayor Pro-tem for quite a few years, 24 that Clarence Ranallo be appointed to the position of Mayor of the City 25 of St. Anthony. 26 27 Mayor Pro-tem Ranallo indicated his willingness to serve as Mayor if the 28 City Council passes the motion. He noted there is three and one half years 29 left of his term as Councilmember. 30 31 Roll Call : Marks, Enrooth, Makowske - aye 32 Ranallo - no vote 33 ' 34 Motion is carried 35 36 The City Manager requested Mayor Ranallo to come to City Hall on May 2nd 37 to be sworn in as Mayor. 38 39 Mayor Ranallo thanked the Councilmembers for their vote. He stated he- felt 40 a vote of confidence like this by one's peers is very significant. He noted 41 he has worked with all of the presently-seated Councilmembers for over 42 twelve years, both as Planning Commission members, as well as Councilmembers 43 and they know him very well . 44 45 Mayor Ranallo shared the feelings that no one could replace Bob Sundland, as 46 he is a very special kind of person. The Mayor thinks Bob Sundland is a very 47 good teacher as was his predecessor, Sally Haik. 48 • 49 Mayor. Ranallo stated his intention to stand for re-election as Mayor in a 50 year and one half. Special Council Meeting May 1 ,. 1990 page 3 1 The Mayor observed there is a great deal of work ahead for the City Council . 2 He noted there are a number of new staff people and employees in the City. 3 He stated the residents of St. Anthony are accustomed to quality service 4 and good response from the City personnel and feels the quality staff 5 presently on board will maintain these high standards. 6 7 Some of the issues which will have to be addressed by the Council were 8 listed by Mayor Ranallo; among them' are streets, storm sewers and sidewalks. 9 Councilmember Makowske observed that Village Fest, an example of community 10 spirit, is off the ground and will require work to continue to grow. It 11 was also noted that St. Anthony will be losing $26,000 in State Aid funds 12 and this decrease in funding will have to be addressed. 13 14 Mayor Ranallo proposed a strategic plan be set up for the City, "St. 15 Anthony - 2000." He observed that times are changing in the City and there 16 is a possibility of having two new Councilmembers by the end of 1990 17 with a potential of having four new Councilmembers by 1992. The Mayor feels 18 there is a dramatic need of consistency and continuity. 19 20 Mayor Ranallo again thanked the Councilmembers for their confidence. He 21 requested their continued help and support. In the past, Mayor Ranallo 22 had a relationship of counsel and critiquing with Bob Sundland and found • 23 this very beneficial . 24 �5 5. RESIGNATION OF COUNCILMEMBER RANALLO 26 �7 Clarence Ranallo submitted his resignation as a City Councilmember of the 28 City of St. Anthony. 29 30 Motion by Marks, second by Makowske to accept Clarence Ranallo's resignation 31 as a Councilmember. 32 33 Roll Call : Marks, En'rooth, Makowske - aye 34 Ranallo - no vote 35 36 Motion is carried 37 38 6. APPOINTMENT TO THE VACANT CITY COUNCIL SEAT 39 40 Discussion was held regarding filling the vacant Council seat and soliciting 41 residents interested in being appointed to fill the vacancy. 42 43 The Northeaster newspaper and the Bulletin newspaper both had representatives 44 at this meeting. The next edition of the Bulletin will be issued on May 9th 45 and the next edition of the Northeaster will be issued on May 15th. Mayor 46 Ranallo requested both papers to carry an article regarding the vacancy and 47 encouraging interested residents to contact City Hall . 48 • 49 Councilmember Makowske felt those interested in the appointment should send 50 a letter to the Council stating that interest accompanied by a resume. Special Council Meeting May 1 , 1990 page 4 I Councilmember Enrooth felt a person's history of civic involvement and 2 community activities should be stressed in a letter of interest for the 3 appointment. 4 5 Mayor Ranallo requested a deadline be established for submitting applications 6 for the vacancy. The deadline chosen was Thursday, May 31 , 1990 at the close 7 of the work day, 4:30 p.m. . 8 9 The City Manager will copy the applications to the City Council as they 10 come in. On Friday, June Ist, Councilmembers can pick up the remaining 11 applications to review them. 12 13 June 5, 1990 .at 6:30 p.m. was the first date and time selected to start 14 conducting applicant interviews. 15 16 Discussion continued regarding convenient dates and hours for additional 17 interviews. Most of the Councilmembers could be available for day time 18 interview, but it was generally felt this may.not be convenient for the 19 applicants. 20 21 7. ROBERT SUNDLAND SCHOLARSHIP COMMITTEE 22 • 23 Mayor Ranallo had attended a recent St. Anthony Chamber of Commerce meeting. 24 At that meeting, the Chamber members authorized the'establishment of a Robert 25 Sundland Scholarship Committee. Mayor Ranallo was chosen to chair the Com- 26 mittee which will determine the criteria to be met by a recipient. The 27 Mayor noted that the recipient can be attending any high school , but must 28 be a St. Anthony resident who plans on attending.-college with his/her 29 major focus being in public administration. $1 ,000 is the amount being 30 considered for the scholarship. 31 32 8. ADJOURNMENT 33 34 Motion by Marks, second by Makowske to adjourn the meeting at 7.28 p.m. . 35 36 Motion carried unanimously 37 38 39 Respectfully submitted, 40 41 42 Jo-Anne Student, Council Secretary 43 44 45 46 47 48 • 49 50