Loading...
HomeMy WebLinkAboutPL PACKET 09161997 Meeting Sheet IIIIII VIII II I VIII VIII VIII IIII IIII 101476 BOX: 20 Folder: PL PACKETS 1997 Document: PL PACKET 09161997 mw r " CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA SEPTEMBER 16, 1997 . " 7:00 PM COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF SEPTEMBER 16, 1997 PLANNING COMMISSION AGENDA. _ IV. APPROVAL OF AUGUST 19, 1997 PLANNING COMMISSION MINUTES. V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE CITY COUNCIL. VI. PUBLIC HEARING. 1. 97- 10 BERNARD PREUSSNER, 3209 SKYCROFT DRIVE, REQUEST FOR VARIANCE TO FENCE SIZE. VII. CONCEPT REVIEW. NONE. VIII. OTHER BUSINESS. - 1. COMPREHENSIVE PLAN UPDATE PROCESS. 2. PROPOSED AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING REGULATIONS FOR CHURCHES, TEMPLES AND SYNAGOGUES. 3. DISCUSS DESIGNATION PLANNING COMMISSION REPRESENTATIVE TO THE STORM WATER MANAGEMENT TASK FORCE. 4. SPLIT LIQUOR INFORMATION. IX. COMMENTS. X. ADJOURNMENT. 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 3 AUGUST 19, 1997 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Vice Chair Makowske 6 at 7:04 P.M. 7 H. ROLL CALL. 8 Commissioners present: Vice Chair Makowske; Commissioners Franzese, Gondorchin, 9 Horst, and Thompson. 10 Commissioners absent: Chair Bergstrom and Commissioner Delmonico. 11 Also present: Kim Moore-Sykes, Management Assistant. 12 M. APPROVAL OF AUGUST 19, 1997 PLANNING COMMISSION AGENDA. 13 Motion by Gondorchin, seconded by Horst, to approve the Planning Commission Agenda for 14 August 19, 1997 as presented. 15 Motion carried unanimously. 16 IV. APPROVAL OF THE JULY 17, 1997 PLANNING COMMISSION MEETING MINUTES. 17 Motion by Thompson, seconded by Franzese, to approve the July 17, 1997 Planning 18 Commission Meeting minutes as submitted. 19 Motion carried unanimously. 20 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE FOR AUGUST 26, 1997 21 COUNCIL MEETING. 22 Vice Chair Makowske was appointed as the Planning Commission representative for the 23 Tuesday, August 26, 1997, City Council meeting. 24 VI. PUBLIC HEARINGS. 25 1. 97-08, Rick Lorenz, 3821 Foss Road - Sideyard Setback Variance Request. 26 Ms. Moore-Sykes reported Rick Lorenz, property owner of 3821 Foss Road, submitted an 27 application for a ten-foot side yard variance request to the City in order to construct an addition 28 to the tri-plex, converting the building into a four-plex with a double car tuck-under garage. Mr. 29 Lorenz intends to live in this new addition and is also planning to add a 10 x 20 storage room on 30 the back of the proposed addition. She advised the Certificate of Survey shows both the living 31 space addition and the storage room to be eight feet into the required 15-foot side yard setback. 32 The proposed layout of the addition is configured to take advantage of the existing driveway. 33 Mr. Lorenz is also proposing to remove an existing storage building to the east of the proposed 34 addition, thereby reducing the lot coverage and getting rid of an old building to improve the 35 storm water drainage of the property. This building appears to have been in the side yard as 36 well. Planning Commission Regular Meeting Minutes August 19, 1997 Page 2 1 The property is zoned R-4 and the lot is approximately 37,206 square feet. The existing tri-plex 2 building is 1,216 square feet. The proposed addition will be 928 square feet, increasing the 3 footprint of the building to 2,144 square feet. The total lot coverage by impervious surfaces is 4 10%, and the floor area ratio with the proposed additional living space is .06. With the exception 5 of side yard setback, the proposed addition meets the City's zoning and land use requirements. 6 The owner of the property is proposing to build the addition as his own residence. He has 7 indicated to Staff that the request for the variance is not based on economic considerations; since 8 he will be living in the proposed unit, he will not be receiving additional rental income. The 9 proposed project will not alter the essential character of the area as it is appropriately zoned for 10 this use and other multi-family properties exist in the neighborhood. 11 Ms. Moore-Sykes advised that Staff has received two inquiries from residents; one was simply to 12 better understand the project and he indicated he was in favor of the project because it would 13 "clean-up" the site with the removal of the existing storage building. The other caller was in 14 opposition because of the potential to increase parking problems that the additional unit may 15 cause. Ms. Moore-Sykes advise&she explained that the proposal includes a tuck under two-car 16 garage, which may alleviate some parking problems. , 17 Commissioner Franzese asked why the plan identifies it as a tuck under garage and not storage. 18 Ms. Moore-Sykes explained this is how it is indicated on the plan. 19 Chair Bergstrom opened the public hearing at 7:09 P.M. 20 Rick Lorenz, applicant, introduced Jack Kripentra, the builder of the project. Mr. Lorenz 21 explained he currently has a tri-plex without garage space and a storage building in the back 22 which is very old. He plans to construct a new garage and apartment to live in and will remove 23. the old storage building. He advised he has a problem with drainage during heavy rainfall. 24 When the old storage building is removed, it will create an area for water retention and reduce 25 the flooding problem. Mr. Kripentra explained this will be a walk-out type of unit. 26 Vice Chair Makowske stated he was not aware of the"gully" which exists. 27 Mr. Kripentra explained the drainage goes to the sedimentation pond by Mirror Lake retention 28 basin and it is imperative for this area to become cleared so the property drains properly. The 29 current storage building is quite large, very old, and is currently falling down. 30 Commissioner Thompson asked how long he has owned that property. Mr. Lorenz stated it has 31 been about three years and all tenants have cars but have to park on the driveways (one is asphalt 32 and the other is gravel). If approved, one of the tenants will have a garage to use. 33 Vice Chair Makowske inquired if the applicant is aware of the three conditions which the 34 Planning Commission is bound by the State to follow in recommending approval or denial of any Planning Commission Regular Meeting Minutes August 19, 1997 Page 3 1 variance. He explained that one of these conditions relates to undue hardship. He asked the 2 applicant to address why this would be an undue hardship: 3 Mr. Lorenz explained that when he purchased the tri-plex there was no garage, yet the City has 4 an ordinance requiring garages. Parking and shelter is needed plus the flooding problem needs 5 to be corrected for the lower unit. Also, the gravel driveway is deteriorating and needs to be 6 updated. 7 Commissioner Franzese complimented Mr. Lorenz on the improvements he has made to this 8 property. She explained that some of the neighbors had questioned if the property had changed 9 hands because they saw remarkable upgrades on the property. 10 Vice Chair Makowske asked the audience to speak. I 1 Bruce O'Brien, 3737 Foss Road and president of the Townhouse Association to the south of the 12 tri-plex, asked if this will remain a tri-plex. Mr. Lorenz explained it will change to a four-plex. 13 Mr. O'Brien asked if the driveways will all be asphalt. Mr Lorenz stated they will. Mr. O'Brien 14 stated the Townhomes (14 units) have also had drainage problems and he understands the need 15 to correct this problem. He stated they have had engineers view the drainage situation but they 16 were unable to find a solution. He stated his support for this request and stated he believes it 17 will be a great improvement that will benefit the entire neighborhood. 18 Commissioner Horst asked how this project will alleviate the drainage problems experienced by 19 the Townhouses. Mr. O'Brien stated it will not alleviate that problem but will be an overall 20 aesthetic improvement to the neighborhood. 21 Joyce Graff, 3824 Foss Road, asked if this will be an addition to the existing tri-plex and if the 22 existing shed will be removed. Mr. Lorenz stated it will be removed. 23 Ms. Graff asked if the additional living unit will result in a parking problem. Vice Chair 24 Makowske stated the plan meets the City's parking requirement. 25 Chair Bergstrom closed the public hearing at 7:19 P.M. 26 Commissioner Horst commented on the existing slope to this property and asked if a PVC pipe 27 will be installed. Mr. Kripentra stated the PVC pipe was installed years ago as a drainage pipe. 28 With the use of an overhead, he reviewed the alignment of the pipe and location where it drains 29 into Mirror Lake. 30 Mr. Lorenz explained when the storage building is removed, it will allow a larger ponding area 31 where the water can stay until it drains out through the pipe. 32 Mr. Kripentra stated it is a natural area and they will install some landscaping. Planning Commission Regular Meeting Minutes August 19, 1997 Page 4 1 Commissioner Horst inquired regarding the history of this property to turn it into a tri-plex use. 2 Mr. Kripentra stated when the townhouses were constructed, the same people owned most of this 3 land and remodeled the building (which was originally an old farmhouse) into a tri-plex. He 4 commented this is one of the older buildings in the area and had been deteriorating. 5 Commissioner Horst asked if it was changed from a single-family residence to a tri-plex when 6 the townhomes were constructed. 7 Ms. Graff stated it has been a tri-plex for the last 19 years. 8 Mr. O'Brien stated they have lived in the Townhouses for 20 years and the original builder of the 9 Townhouses remodeled the building 20 years ago. He stated that 20 years ago, the building was 10 a tri-plex. 11 Commissioner Thompson asked if there is room for more development. Mr. Lorenz stated it is a 12 possibility but he has no plans at this time. 13 Commissioner Horst stated in looking at the house, he would like to see improvement to the 14 area. He stated this property is in a tough spot in being close to industrial and a newer 15 townhome development. Commissioner Horst stated he would be interested in how the 16 architecture would fit in with the existing structure. 17 Mr. Lorenz stated they will use the same type of siding, windows, shingles, and pitch of roof. 18 Mr. Kripentra displayed a sketch of the proposed addition as it would be viewed from the road. 19 He explained it will be set back a little from the existing building and they are attempting to 20 provide the appearance of a house with a two-car garage. 21 Commissioner Horst stated he is having difficulty in answering the hardship requirement of the 22 variance and asked if there is a better way to do this. 23 Mr. Kripentra stated there is no other way to build garages due to the drainage problems. 24 Mr. Lorenz explained the south end of the property is low. 25 Commissioner Horst asked if the lower unit is having drainage problems. Mr. Lorenz stated it is 26 and has become intolerable. 27 Commissioner Horst asked if this is the hardship resulting in the need to develop this addition. 28 Mr. Lorenz stated it is as well as the need for garage space. 29 Commissioner Horst stated while this may be a problem, it may not be considered a hardship. Planning Commission Regular.Meeting Minutes August 19, 1997 Page 5 1 Mr. Kripentra stated it is hardship when heavy rains are received. 2 Commissioner Franzese stated-she can reconcile the hardship requirement because of the way the 3 property is configured on three sides. She pointed out that with water draining on the south side 4 and removing the barn, it will create a holding pond and alleviate the drainage problem. She 5 noted there is no other location to build because of the topography of the property. 6 Commissioner Franzese stated she clearly sees a hardship. 7 Commissioner Gondorchin asked how this addition alleviates the water problem. Mr. Lorenz 8 explained that in July, when heavy rains were received, it created a stream through his back yard. 9 He thought perhaps the pipe was plugged but it was not and was taking as much water as it 10 could. 11 Commissioner Gondorchin asked if an engineer has made the finding about alleviating the 12 drainage problem. 13 Mr. Lorenz stated he has not had an engineer study the drainage. 14 Commissioner Gondorchin stated he is having difficulty in finding a hardship and believes it is 15 more of a convenience than relieving a hardship. He stated he believes there is also an economic 16 benefit either now or when the units are sold. Commissioner Gondorchin stated the property is 17 set as it is unless the applicant changes its configuration. In addition, he would like expert 18 testimony that this addition will alleviate the drainage problem. 19 Mr. Kripentra stated the storage building is currently acting like a dam in not allowing water to 20 drain properly. 21 Mr. Lorenz stated if the storage building is removed, he needs a place to store his equipment. 22 Commissioner Horst stated he understands that when the storage shed is removed, another 23 location is needed for storage and the applicant has indicated it will also eliminate the drainage 24 problem, and the hardship. 25 Commissioner Franzese stated the goal is to build a living quarters for the owner to occupy. 26 Commissioner Gondorchin stated it does not matter who occupies this unit, the owner or a 27 tenant. 28 Commissioner Franzese stated there is no other location where Mr. Lorenz can build due to the 29 topography of the lot and water drainage to the south. This is the only place on the property that 30 is buildable. Commissioner Franzese reviewed a comment made at a meeting with the City's 31 residents about the recent flooding where the engineers indicated there is really no guarantee that 32 it will not flood again. She inquired whether the applicant can be asked if they are sure it would 33 not flood again since,just recently, the City's engineers indicated there is no guarantee to 34 absolutely prevent flooding in the future. Planning Commission Regular Meeting Minutes August 19, 1997 Page 6 1 Commissioner Gondorchin stated there has been no engineering study done on this parcel of 2 land. 3 Mr. Lorenz indicated that is correct. 4 Commissioner Gondorchin noted there is an opportunity to move earth to change the 5 topography, although that may be quite expensive. He stated he is having a difficult time, in his 6 mind, to see a clear cut hardship. 7 Motion by Franzese to recommend approval of Case 97-08, side yard setback variance request 8 for Rick Lorenz, 3821 Foss Road, to build an addition creating a four-plex with tuck under 9 garage and 10 foot side yard variance based on the following rationale: 10 1. The physical topography of the lot can be likened to a"three-sided meatloaf pad' and 11 this is the only buildable place on the lot; the north side of the current structure. 12 2. Removing the barn/accessory building will create more room on the lot to collect water 13 as a holding pond and help alleviate drainage problems. 14 3. The PVC pipe was installed by City but the water is not pooling properly to take 15 advantage of it but removing the barn should achieve that. 16 4. This is a unique piece of property which will satisfy requirement #2. 17 5. The hardship (requirement#3) is caused by the City Ordinance for a side yard variance. 18 6. No one is speaking against the request but, rather, have affirmed it will enhance the 19 neighborhood. 20 There being no second to the motion, Vice Chair Makowske declared the motion out of order. 21 Motion by Gondorchin, seconded by Horst, to recommend denial of Case 97-08, side yard 22 setback variance request for Rick Lorenz, 3821 Foss Road, based on the rationale that the 23 request does not satisfy the three conditions of hardship as required by the State of Minnesota. 24 Voting in favor: Commissioners Gondorchin, Horst, and Vice Chair Makowske. Voting 25 against: Commissioners Franzese and Thompson. 26 Motion carried. 27 Chair Bergstrom noted this request will be considered by the City Council at their meeting on 28 August 26, 1997. 29 VII. CONCEPT REVIEW. 30 1. St. Charles Borromeo Church - Proposed Construction of a Gathering Place 31 Ms. Moore-Sykes reported that Gerry DeZelar, architect for St. Charles Borromeo, is in 32 attendance to present a proposal to the Planning Commission regarding the construction of an 33 additional building on site to be used as a gathering place. They have the space for the building, Planning Commission Regular Meeting Minutes ' August 19, 1997 Page 7 1 but parking is and will be an issue for this project. The Church has also applied for a conditional 2 use permit for the project. 3 Currently, the church has 200 parking spaces, including the spaces designated for the school. 4 According to the City Ordinance and based on the current seating capacity of the church, they 5 need 400 parking spaces. 6 Gerry DeZelar, architect for the applicant, explained the proposed building will be used for a 7 gathering,place after services and there will probably never be a time when the church will be 8 holding services and another event in the proposed building at the same time. Mr. DeZelar used 9 the overhead to identify the location of the current building, existing landscaping, convent, 10 proposed structure, and areas for removal of bituminous and concrete to provide a location of 11 new landscaping. He noted the proposal results in 65% building or a 2.2% increase in the 12 amount of structure. Currently, impervious surfaces cover 63% of the property. 13 Commissioner Franzese asked if the 2.2% increase in structure on the ground takes into account '14 they are adding more green space. Mr. DeZelar stated it takes into account that they are adding 15 more"green." He explained that impervious areas are considered in the City's calculation of 16 structures. 17 Mr. DeZelar noted there will be 12,000 square feet of building but it is calculated as only 5,000 18 square feet since they are also removing blacktop and asphalt. 19 Commissioner Gondorchin asked if this is the area where parking will be lost. 20 Mr. DeZelar stated it is not and reviewed the site plan to identify the areas where parking exists 21 and locations where several parking stalls will be lost due to the building's configuration. He 22 explained how they will use the level of the building to become handicap accessible. 23 Ms. Moore-Sykes explained the Church has always been short of parking spaces. Thus, the 24 requirement for a parking variance. 25 Mr. DeZelar reviewed the floor plan of the proposed building and noted the location of the 26 entrance, atrium lobby, multipurpose hall which can seat 300 for a banquet, catering kitchen, and 27 the chapel which will be open 24-hours a day. 28 Vice Chair Makowske asked what type of events they see happening in the proposed addition, 29 Mr. DeZelar explained gathering areas have become an important aspect of church services in 30 welcoming and greeting people. He stated other uses could be to hold a wake, a seminar, or 31 lecture area for the school. He stated there are no plans for allowing wedding receptions due to 32 the potential of deterioration. With regard to banquet seating, it could be used after funerals for 33 lunches or for Scout banquets. Planning Commission Regular Meeting Minutes August 19, 1997 Page 8 1 Mr. DeZelar described the elevations of the proposed addition and current buildings. He stated it 2 will be surfaced in stone and brick that matches the other buildings and will result in combining 3 the look of the structures. 4 Commissioner Gondorchin noted most of these activities currently take place at the convent and 5 inquired regarding the parish's position on the convent. 6 Mr. DeZelar explained that only four to five nuns are in residence and, in the future, the convent 7 may become administrative offices. 8 Commissioner Gondorchin asked if the Church is already 200 parking spaces short. Ms. Moore- ' 9 Sykes stated this'is correct. 10 Mr. DeZelar reported the current church capacity is 1,000 seats but they are in the process of 11 removing the pews. He explained the remaining pews are being respaced because the current . 12 configuration is too tight. The reconfiguration will eliminate 100 seats. He stated he believes 13 the parking will be adequate and noted the ordinance was adopted in the mid-1970's after the 14 Church was built (1958). 15 In response to Vice Chair Makowske, Mr. DeZelar stated they have found that the parking 16 spaces (in the parking lot) fill up but there is also parking on neighborhood streets and no one 17 has complained. 18 Commissioner Gondorchin pointed out the Church is not proposing to add a lot of impervious 19 surface, but some. He inquired regarding the drainage impact to residents. 20 Mr. DeZelar stated drainage is an issue since there is no storm drainage in the immediate 21 vicinity. He pointed out the location of the nearest catch basin on 27th Avenue which is part of 22 the Minneapolis system. Mr. DeZelar explained the water is currently directed into dry wells 23 and allowed to percolate into the ground. He noted the location of a large drywell which will be 24 disturbed due to the addition. He explained their intention to install a rainwater line on the east 25 side of the Church, route it under the building and parallel to the walk, and then day lighting it 26 onto the ground to allow the water to fall into the dry well or be routed to the catch basin on 27th 27 Avenue. 28 Commissioner Gondorchin inquired regarding what type of storm event this is forecasted to 29 handle. 30 Mr. DeZelar stated he is unable to answer that question but this is how the storm water is 31 currently being handled. 32 Commissioner Horst asked if the Church and grounds are not in compliance regarding ground 33 coverage. Mr. DeZelar stated the ordinance says a 35% maximum for the R-1 Zoning District 34 and their proposal is to increase to 65%. They currently have a lot coverage of 63%. Planning Commission Regular Meeting Minutes August 19, 1997 Page 9 1 Commissioner Horst asked if this is part of the issue. Ms. Moore-Sykes stated she will research 2 that aspect. 3 Commissioner Horst stated the Planning Commission had debated other applications that were 4 only two parking spaces short. He asked how the Planning Commission would consider this and 5 what rationale could be cited. 6 Ms. Moore-Sykes stated she contacted other churches in the area and had responses from three 7 of the five. The other three churches have similar problems with having to use street parking and 8 several have problems with lot coverage as well due to parking areas. She reported several are 9 well beyond the 35% required in R-1 districts. However, churches are conditional uses in 10 Residential Districts and may have been exempt from that lot coverage requirement because 11 many were constructed before the City Ordinances were codified. 12 Mr. DeZelar advised that in order to comply with 200 more parking spots they would need an 13 additional 2.5 acres of land which would displace homes and residents. 14 Commissioner Franzese'stated there is no lot coverage requirement for Commercial, only R-1 15 and R-2 Residential. 16 Commissioner Gondorchin concurred that parking is a self-limiting aspect. 17 Vice Chair Makowske recapped that parking and lot coverage may be issues to address. 18 Mr. DeZelar added that setback may be another issue. According to ordinance, the building 19 needs a 25 foot rear setback or 20% of the depth of the lot. He explained that in this case, 20% 20 would be 73.5 feet from the property line which means the corner is nine feet into the setback. 21 Commissioner Horst stated this may require the need to request a variance. With regard to the 22 parking situation, he stated there is a problem getting down St. Anthony Boulevard when cars 23 are parked on both sides. He stated he would like to see the parking issue addressed by the 24 architect as well as reasoning for a setback variance. 25 Commissioner Franzese asked staff to obtain a ruling from the City Attorney whether the 26 parking issue is grandfathered in since the church was built 20 years prior to adoption of the 27 Parking Ordinance. She noted that a conditional use permit is not lost in this type of situation 28 where an addition is being proposed. 29 Vice Chair Makowske stated the use is non-conforming currently so if left, no adjustments 30 would be required. However, with an addition, it could be required to be brought up to Code. 31 Commissioner Franzese stated she does not know if this will be an issue. Planning Commission Regular Meeting Minutes August 19, 1997 Page 10 1 Ms. Moore-Sykes stated the City Attorney has indicated it needs to be dealt with by either 2 considering a variance or changing the Ordinance. 3 Commissioner Gondorchin inquired regarding the potential for a conflict of interest with 4 Planning Commissioners who are members of St. Charles. 5 Vice Chair Makowske stated this was checked and the City Attorney indicated there is only a 6 conflict of interest if Planning Commissioners will derive direct economic benefit by the way 7 they vote on the proposed project. He explained the need for the Planning Commission to find a 8 hardship when considering a variance request. Vice Chair Makowske encouraged the applicant 9 to make creative use of the property. 10 Mr. DeZelar stated the City's ordinances create the hardship and to fulfill the required parking 11 spaces it will create a hardship because they will need to displace homes and families. If not 12 approved, it will pull away from the worship functions which go on in today's churches. 13 Vice Chair Makowske suggested when the formal application is presented to the Planning 14 Commission, that the applicant be prepared to speak to the hardship issue, the parking shortage, 15 the lot coverage issue, and landscaping. 16 Commissioner Horst stated he believes it will be difficult to find a hardship or to determine there 17 is no other building which could be built. He stated he would like to find a way, if possible, for 18 the project to be exempted from that setback requirement without the need for a variance. 19 Mr, DeZelar noted the garage is also within the setback. 20 Commissioner Horst stated he would have a hard time recommending a variance be granted for 21 the setback. 22 Vice Chair Makowske stated this is an R-1 zone so the requirements to be met would be those of 23 an R-1 single family dwelling. He stated if there are several other churches with these identical 24 problems, perhaps the Planning Commission should revisit that issue on a larger basis (rather 25 than just an individual variance). 26 Vice Chair Makowske noted this will be presented formally and a public hearing held on this 27 application at the September 16, 1997, meeting. 28 VIII. OTHER BUSINESS. 29 1. Proposed Amendment to Sign Ordinance for Professional Buildings. 30 Ms. Moore-Sykes reviewed the proposed amendment to Chapter 14, Signs, which adds a 31 definition of a Professional Building to the City's Ordinances and includes Professional. 32 Buildings in the requirements for a Comprehensive Sign Plan. She advised Staff submitted the 33 proposed revision to the City Attorney for his comments and he indicated that the changes are Planning Commission Regular Meeting Minutes August 19, 1997 Page 11 1 acceptable and appropriate. Once the Planning Commission has reviewed this revision, the City 2 Council will hold three readings, commencing with the August 26, 1997 City Council meeting. 3 Vice Chair Makowske stated it appears this meets what the Planning Commission was 4 attempting to accomplish. 5 Motion by Horst, seconded by Franzese, to recommend approval of the proposed revision of the 6 Sign Ordinance, Chapter 14, Signs, as presented by Staff and the City Attorney. 7 In response to Gondorchin, Ms. Moore-Sykes explained how the square footage was determined. 8 Motion carried unanimously. 9 Vice Chair Makowske noted this request will be considered by the City Council at their meeting 10 on August 26, 1997. 11 2. Comprehensive Plan Update. 12 Ms. Moore-Sykes noted the July 30, 1997, letter received from W. Paul Farmer, the City of 13 Minneapolis Planning Director, indicating he has examined the review draft of the 14 Comprehensive Plan update and found it to be a professional document, appropriate for a fully- 15 developed first-ring suburb and meeting the central goal of retaining the village-like character of 16 St. Anthony Village. She reviewed the number of agencies which were sent a copy of the 17 Comprehensive Plan after it was adopted by the City Council. All of those entities have 60 days 18 to respond but so far this is the only response. 19 In response to Commissioner Horst, Ms. Moore-Sykes explained the purpose is to mitigate 20 incompatible land uses between bordering cities. She advised this process is on schedule. 21 IX. COMMENTS 22 Commissioner Horst reported the City is losing Town& Country Foods and commented this 23 may be the start of erosion of the south end as the Comprehensive Plan predicted. He stated this 24 may not impact the tax base but is something to,be aware of. 25 Commissioner Thompson stated he drove by the Lorenz property and was amazed and impressed 26 with the mini-storage business located to the north.. He stated this looked like a super business. 27 Commissioner Franzese asked Staff for an update on Apache Plaza and if Staff had been able to 28 research the commercial lot coverage requirement used by other cities. 29 Ms. Moore-Sykes provided a brief update on Apache Plaza and explained she only had a chance 30 to call one community which had no lot coverage requirement. 31 Commissioner Gondorchin asked about a property on Stinson Boulevard and whether different 32 conditions exist for the fenced portion versus open portion relative to storage of vehicles. He Planning Commission Regular Meeting Minutes August 19, 1997 Page 12 1. reported the area outside of the fenced area has many totaled out vehicles with no salvage value. 2 Commissioner Gondorchin stated this is very unsightly. 3 Ms. Moore-Sykes stated she will check with Staff to determine whether this is a violation of City 4 Code. 5 Commissioner Gondorchin stated there has been talk about more enforcement of the Housing 6 Code. 7 Commissioner Gondorchin asked if the shopping center on the south side of St. Anthony still has 8 a foreign owner. Ms. Moore-Sykes answered affirmatively. 9 Commissioner Horst reported the owner visited the property last year for first time in 15 years. 10 Commissioner Gondorchin inquired regarding the owner's intent. Commissioner Horst stated it 11 is to sell the center. He commented on the difficulty of getting a timely response to repairs when 12 the building is not locally-owned. 13 Vice Chair Makowske stated he attended the resident's flood meeting and was amazed by the 14 high attendance. He named the elected officials who were either in attendance or represented at 15 this meeting. 16 Ms. Moore-Sykes advised that City Staff has met with all of these representatives and is 17 attempting to find short-term financial assistance for these residents. However, this may not 18 happen due to focus on the major flooding of East Grand Forks by the Red River. She reported 19 Staff did attempt to provide testimony before the legislative committee but were unable to since 20 their focus was East Grand Forks. Ms. Moore-Sykes advised the question is what the City can 21 do in the future to alleviate this from happening again. She noted the City's water engineers said 22 that even if the City had spent money on a drainage system in 1992 it would not have prevented 23 the flooding in 1997 since it was caused when,the rain fell too fast for any system to keep up 24 with it. 25 Vice Chair Makowske announced that the next flood meeting will be held on Wednesday,. 26 August 27, 1997, at City Hall. 27 X. ADJOURNMENT. 28 Motion by Horst, seconded by Franzese, to adjourn the meeting at 8:44 P.M. 29 Motion carried unanimously. 30 Respectfully submitted, 31 Carla Wirth 32 TimeSaver Off Site Secretarial 1 CITY OF ST. ANTHONY 2 STORM WATER MANAGEMENT 3 TASK FORCE MEETING MINUTES 4 August 27, 1997 5 7:00 P.M. 6 I. CALL TO ORDER. 7 The meeting was called to order at 7:03 P.M. 8 II. REVIEW MINUTES FROM JULY 30, 1997 MEETING. 9 The Committee agreed that the minutes of future meetings should be more formal 10 than was originally done. Kuharski requested that a copy of the sign-in sheet be 11 attached to the minutes. Lohmar also asked that the April 22, 1992 article 12 published in the Northeaster regarding St. Anthony's flood situation be noted in the 13 minutes. 14 III. APPROVAL OF AUGUST 27, 1997 STORM WATER MANAGEMENT TASK 15 FORCE AGENDA; ELECTION OF CHAIR/APPROVAL OF MISSION 16 STATEMENT. 17 Kuharski objected to the proposed agenda as submitted by WSB, especially the 18 inclusion of items VII. I. and J. He insisted that the flooding of St. Anthony is a 19 community problem. He stated that he wanted the whole agenda thrown out 20 except for item III -- Election of Chair; he would like to see item IV — Develop 21 Recommendation to Council Regarding Short-Term Actions expanded; and leave 22 VII for next week. Kuharski also objected to the word "address" in VII G of the 23 agenda. He stated he wants to solve problems, not address them. 24 Jacobs agreed; he stated he was involved to get results. 25 Motion by Kuharski, second by Kozarek to change "address" to "resolve". 26 Motion carried unanimously. 27 Motion by Kuharski, second by Faust to open the floor to nominations for chair. 28 Motion carried unanimously. 29 Kuharski proposed that this be a co-chair and that he would like to see that a female 30 member and a male member be elected as co-chairs. He nominated Kozarek and 31 Jacobs for these positions. 32 Motion by Enrooth, second by Otte to close nominations. 33 Motion carried unanimously. Page 2 1 Pete Willenbring, WSB, read the proposed .mission statement into the record. Faust 2 suggested that the mission statement should be broad without going through the 3 process of discovery; it should be general and encompassing. Jacobs said the 4 mission statement as it .stands is very focussed. He felt that the way things had 5 been done in the past have not been focussed. Otte wanted to know what was too 6 restrictive about the statement. Faust indicated that to set a deadline of 9/23 was 7 too restrictive. He agreed that the process needs something to drive it but not 8 something that will miss anything. He doesn't want the group to become myopic. 9 Otte stated he wants mission statement to be restrictive as stated. Makowske felt 10 that binding the group is unrealistic. 11 Motion by Otte, second by Jacobs to adopt mission statement as presented. 12 Motion carried unanimously. 13 IV. DEVELOP RECOMMENDATION TO COUNCIL REGARDING SHORT- 14 TERMSACTIONS THAT ARE NEEDED BY RESIDENTS. 15 Willenbring opened the discussion regarding short-term reccommendations. 16 Lockrem asked if outsiders would be allowed to present information and offer 17 comments; co-chairs Kozarek and Jacobs agreed. Lockrem then asked Staff what 18 other information was available regarding funds for flood vicitms. Moore-Sykes 19 indicated that St. Anthony was in an area declared by the President to be a disaster 20 area and that it Is too early to know how eligibility and funding amounts would be 21 determined. Lockrem asked what was in the sewer fund; Enrooth answered there is 22 about $250,000 in that fund. She also wanted to know what is available in the 23 general fund. Kuharski stated he wanted to see a sub-committee put together to 24 investigate the short-term recommendations/solutions as mentioned in the mission 25 statement. He said that the sub-committee should have 3-4 members volunteers. If 26 none volunteer, then the co-chairs should appoint them. 27 Motion by Kozarek, second by Otte to name Kuharski as chair of the sub- 28 committee to study short-term recommendations. 29 Motion carried unanimously. 30 There was discussion related to the timeframe of the sub-committee to provide 31 recommendations to the task force and the City Council. Lockrem suggested that 32 the sub-committee be given direction. Otte said that the group should take five 33 minutes to brainstorm ideas for the sub-committee to work on. The task force 34 wants the sub-committee to focus on financial and abatement assistance — loans, 35 grants, stormwater sewer fund. Jocobs said he had a problem with loans. Other . 36 issues the sub-committee should look at are flood proofing/technical assistance that 37 is unbiased; buy-out of homes; increase utility rates to fund improvements; 38 moritorium on building and construction — no issuance of building permits until Page 3 1 short-term issues resolved; no more spending of budgeted 1997 funds on public 2 expenditures until short-term issues are resolved; find additional dollars in the .3 budget; donations from the community -money or in-kind donations from local 4 businesses; investigate low-cost upstream diversions to storm sewer and other short- 5 term storm sewer improvents; determine qualifications for claimants; reimbursment 6 of individuals by City funds for losses resultant from July storm; bonding issues to 7 reimburse flooded individuals with short-term funds; determine what out-of-pocket 8 and "soft" expenses are to be reimbursed — clothing, toys, personal items; city-paid 9 check valve installation for remaining homes without them; tightening up of 10 enforcement of illegal sanitary connections; reimburse for depreciation of individual 11 assets. 12 Kuharski asked for volunteers. Tom Wratkowski and Don Troupe volunteered. 13 Kozarek suggested Jane Hintz as a sub-committee member as well. Kuharski said he 14 thought Hintz is a good choice as she did not have flood loss. Kozarek said she 15 would call Hintz. If Hintz not available, Lohmar will be alternate. Kuharski stated 16 that if they need Staff assistance, the sub-committee will ask for it. 17 Kuharski asked where the funds to redevelop the City's parks is coming from. He 18 felt these funds could be used for a better purpose. Moore-Sykes indicated that 19 there is no money appropriated for redevelopment; only maintenance. 20 V. REVIEW PROBLEMS IDENTIFIED SINCE LAST MEETING. 21 Willenbring, WSB, presented a summary of the issues raised from the July 30th 22 meeting. He asked the committee to let him know if he was going off track. 23 Lohmar stated that people need to take some personal responsibility for flood 24 proofing their property. 25 A. Water inundates street creates hazards for motorists and damages vehicles. 26 Lockrem stated that an acceptable depth of water in the street should be 27 determined. Jacobs said this was a common sense issue. Cavanaugh stated that the 28 street is part of the storm water system. Roads are constructed to drain up to a 5 - 29 10 year event. McConnell-Powe stated that when water is in the street, it is a 30 hazard to motorists and homowners because if the water is too deep, motorists 31 drive up on the lawn. 32 Motion by Kuharski, second by Otte to list this issue as low priority, long-term. 33 Motion carried unanimously. 34 B. Water leaks in basement but does not physically contact structure. 35 Committee felt this issue is a private property owner's responsibility. 36 Motion by Otte, second by Kuharski to give no consideration to this issue. Page 4 1 Motion carried unanimously. 2 C. Water physically inundates detached non-habitable structures. 3 Wratkowski wants item to be considered. Cavanaugh suggested that the committee 4 should consider and determine what=is public and private water and who is 5 responsible. Otte stated that the committee has too many short-term, high priority 6 issues. Faust suggested that this is a Ion-term issue because it deals with non- 7 habitable structures. Lockrem stated that the water in garages is the result of storm 8 water flooding garages, so maybe items in the garage should be short-term and the 9 structure could be long-term. McConnell-Powe stated the issue should be short- 10 term, high priority. 11 Motion by Kuharski, second by Jacobs to list issue as long-term, high priority. 12 Motion carried unanimously. 13 D. Water physically inundates house at an elevation below the block foundation 14 (openings, e.g. window wells). 15 Motion by Otte, second by Kozarek to list issue as long-term, high priority. 16 Motion carried unanimously. 17 E. Water physically inundates house above foundation. 18 Motion by Otte, second by Kozarek to list issue as long-term, high priority. 19 Motion carried unanimously. 20 F. Sanitary sewers backs up into basement. 21 Motion by Kozarek, second by Wratkowski to list issue as long-term, high priority. 22 Revised motion by Kozarek, second by Jacobs to list issue as short-term, high 23 priority. 24 Motion carried unanimously. 25 G. Unimproved areas, such as backyards, parks, etc. experience long term 26 inundation (depressions without outlets). 27 Motion by Otte, second by Kozarek to list issue as long-term, low priority. 28 Motion carried unanimously. 29 Cavanaugh suggested that the committee consider and determine the difference between 30 private and public water. Willenbring asked Cavanaugh for a definiton of private and Page 5 1 public water. Cavanaugh stated that public water is water that ponds on private property 2 and private water ponding in public property. He felt these were the issues. 3 Meeting recessed at 8:45 p.m.; reconvened at 8:55 p.m. 4 Lockrem wanted to know what the group was doing. `Villenbring stated that the 5 committee was determining what issues to address and what the priorities are for WSB as 6 viewed by the committee. Lockrem asked,Cavanaugh if the definition of private and 7 public water is an issue. Cavanaugh stated that it was referred to in the Barr study 8 completed in 1992. 9 VI. REVIEW POTENTIAL CORRECTIVE ACTIONS. 10 Willenbring provided a hand-out listing possibile corrective actions. He stated that any or 11 all of these could be considered. Improvements to storm sewers could be done over time 12 as a part of a street reconstruction project; conventional storm water ponding; flood 13 proofing, which is an individual's responsibility, but technical assistance may be made 14 available through the City; City could purchase flood proned structures; construct an 15 overflow basin that would catch water overflowing a city street for example. This would 16 be mostly for the "100 year flood" situations. Jacobs requested that Willenbring stop 17 referring to outdated actuarial tables. While Willenbring agrees that the information is 18 outdated, but is a way to refer to the heavy rains that occurred in St. Anthony on July 1st. 19 VII. ADJOURNMENT. 20 Willenbring asked when the committee wanted to meet next. Kuharski stated that 21 he wanted to meet September 10th so that the sub-committee could present the 22 information to the task force before presenting it to the Council on September 23 23rd. The co-chairs agreed to work with WSB to put together the agenda packet. 24 Motion by Kuharski, second by Kozarek to meet September 10th at 7:00 p.m. to 25 continue with the remainder of the agenda and to present the sub-committee's 26 report on short-term recommendations. 27 Motion carried unanimously. 28 Motion by'Otte, second by Jacobs to adjourn the meeting. 29 Motion carried unanimously. 30 The Meeting adjourned at 9:37 P.M. 31 Respectfully submitted, 32 Kim Moore-Sykes, 33 Management Assistant STORM WATER MANAGEMENT TASK FORCE MEETING August 27; 1997 7:00.P.M. SIGN IN SHEET Name Address �a H2O ST, A 79X v CO 3 �oY St C►-� f-- A, -7 k? 7k�,-of 3/9 re X' K,� _� 6 /T�Ci/ O / ��C-/vI �/J �lr.�L 4• �//v 2c? STORM WATER MANAGEMENT TASK FORCE MEETING August 27, 1997 7:00 P.M. SIGN IN SHEET Name Address 3s'/ l v 75 /�'1 L_� r_6 51-4 Al 3e-i /y 3 /s 7T A Al F CITY OF ST. ANTHONY STORM SEWER/WATER MANAGEMENT TASK FORCE July 30, 1997 7:00 P.M. SIGN IN SHEET Name Address &0 hi P. Z r� CITY OF ST. ANTHONY STORM SEWER/WATER MANAGEMENT TASK FORCE July 30, 1997 7:00 P.M. SIGN IN-SHEET Name Address 1 CITY OF ST. ANTHONY 2 PARKS ADVISORY TASK FORCE MEETING SUMMARY 3 Monday, August 18, 1997 4 7:00 P.M. 5 Conference Room 6 I. CALL TO ORDER. 7 II. OPENING REMARKS. 8 Bob Kost, BRW, Inc. introduced the evening's agenda. 9 III. REPORT ON STATUS OF CITY'S PARKS. 10 Reviewed inventory of Parks as provided in mailed packets. The task force will be 11 taking a walking tour of Central Park at the September 15th meeting. 12 IV. REPORT ON USES OF PARKS. 13 Kathy Knapp, Community Services, reviewed the needs for the Parks for 14 Community Services programs. She indicated that the children in the childcare 15 programs use Central Park, which is a problem for the children in pre-school and 16 most in the daycare. This equipment is designed for elementary age children. 17 Children going to Central Park also run the,risk of being hit with softballs from 18 practicing teams, especially softball fields 1 and 3. 19 Community Services also schedules adult softball teams at Central Park. This year, 20 they have 18 teams, which is down considerably from the past. They have tried to 21 encourage adult teams to schedule league play on the weekends, but has been very 22 difficult. These teams continue to want to play during the week. She reiterated 23 that there is a shortage of fields for both adults and children. 24 Jan Jenson, Sports Boosters, presented a report on the activities that Sports Boosters 25 organizes for the youth. They provide opportunities for children to play organized 26 sports such as tee ball, soccer, football and softball. Most activities are co-ed, but as 27 the children get older, girls play more softball and are very active in soccer. Boys 28 play more football and soccer. 29 Outdoor sports run from April to mid-October or early November. Mr. Jenson 30 reported that the number of kids wanting to participate is increasing, especially for 31 soccer. He also indicated that they use the fields on most weekends and they are 32 booked from 3:00 P.M. to dark. 33 Gary Palm, St. Anthony High School Athletics, reported that tennis, soccer and 34 football are very popular. Because of this, he could use more tennis courts and 35 fields for soccer and football. Currently, the St. Anthony soccer program is run in 36 conjunction with Spring Lake Park. 1 Mr. Palm indicated that he would like to have six fields because having only four 2 makes it difficult when all the teams are home games and need practice time. 3 V. COMMENTS. 4 There was discussion about how the City was going to fund the improvements to 5 the Parks. Several members felt it was important that the task force know the 6 amount of money that would be budgeted for improvements before the group 7 discussed projects. Others felt there was a need to have discussions of what the 8 members wanted to see put in the parks so that a long-term plan could be -put 9 together before money was spent without thought. A suggestion was made to plan 10 each park, then cost it out. 11 The task force decided that for now, efforts should be concentrated on projects that 12 have money appropriated, e.g., the playground area by Community Services and the 13 tennis courts. 14 The task force listed needs for Central Park: 15 Add additional playground equipment for preschool, elementary, toddlers. 16 3 adult sized softball fields and 1 baseball field (325 ft. outfields). 17 6 tennis courts with play equipment nearby. 18 A fence around the retention basin on the NE corner of Community 19 Services. 20 Multi-seasonal outdoor performing arts center. 21 Paths — safe and with benches. 22 Play tables for chess or other board games. 23 Landscaping with a well designed entrance/gateway area. 24 Additional court areas — basketball, shuffleboard. 25 ' Concession area with restrooms. 26 Soccer fields. 27 Natural plantings around drainage areas; improve drainage areas. 28 Wadding pool. 29 Soil corrections. 30 31 IX. ADJOURNMENT. 32 The meeting adjourned at 9:07p.m. STAFF REPORT DATE: September 16, 1997 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Bernard Preussner, 3209 Skycroft Drive Variance-to the City's Ordinance re: Fence Size DESCRIPTION OF REQUEST: The'property owner, Mr. Bernard Preussner; 3201 Skycroft Drive, is requesting a variance to the height limitations the City Ordinance places on residential fences. The City Ordinance restricts the height of a fence to six feet in height and no fence in a front yard shall be over four feet high, (Section 1320.03(3)). Mr. Preussner is proposing to construct a wooden fence that will be 18 feet high and 125 feet long, to act as a noise barrier between his property and the property directly to the north of his. As Mr. Preussner states in his request letter, noise from the neighbor's air conditioner apparently became disruptive to Mr. Preussner when the neighboring property owners removed a metal shed that existed between the properties. He apparently asked the neighbors to do something about the noise but no acceptable solution has been agreed upon between the neighboring property owners. SUMMARY OF ISSUES: In order for a variance to be granted, the Planning Commission needs to consider evidence presented by the property owner to determine if the topographical layout of the property creates a hardship--making,it,difficult to put the property to a reasonable use or that the City's ordinance creates a hardship that precludes reasonable use of the property. The question appears to be more of a dispute between neighbors than the inability to use property in a reasonable manner. Minnesota statute defines hardship as a situation whereby strict enforcement of the City's zoning ordinance would not allow the property to be put to a reasonable use; that the circumstances creating the hardship are not to be caused by the owner; and the variance, if granted, will not alter the essential character of the area. Fee: (R-1............ 60.00 Other.........$I ) CITY OF ST. ANTHONY /I Petition for Variance Applicant: PP _ Address: Phone: �S Status of applicant (owner, buyer, renter, agent, etc.): Street address and/or legal description of property petitioned for variance: e-!6 (f re�s t t11'e 7e r),k-ezc CF Zoning district in which property is located:/, �:-s/Gl�°�;r Request: ✓�,��l�S 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 a particular physical surroundings, shape, or to ons o e arcel of land involved, the proposed variance bind relieve an undue hardship.,)as distinguished from a mere inconvenient , finance be strictly enforced. 02. The purpose of the proposed variance is not based exclusively upon a des' nco otential of the parcel of land, but woul correct extraordinary circumstances apple, able to this property but not applicab o ' i or zonin istrict. 3. Le 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 08=25=97A r � UU u ..JU L.1 �eg N0 i5 e- -e .467 ��62ttl ,-H OVY r ex-Ir ;i�-r/ h�eoltl� Zi L71,Hl CC-) " oiy`e1 f` ��/�ys� cc/L f ��>ec� z`ey /VPclltGi .��L/Y'Gf1G✓s Ae- I-lot`s� 3.�6 �� s1y6.�-o f� pr l-If /r/ 7h-e- e� 1�cr _s Ael Wo Z'e �ds �-l�ocrre� 11 C-1 /L/vF"/"O, 1�b6) Y�s /-lir'C� I�C�i�in <� i:5 hl�Xjel� ezc�az Sly e 6 y W) Ile c'L 5l� e� Ale i Ika - 91-41 \)1�7<A/ wee t .ci soLuz`�� �� .�� ��t.�, /Lo�_s�olletc'l zl o e 3 6 - c//"" A we 7 za A/as 2`e r �,1Z il- 117q:�' ,7 c o t-1 i�o�" f 1/�1�f�'�r"aLla 1?9/7 ct-1 �F� Glla � Tre o��Ly .561 u6'o t;j ItA-)��ot2cc� 'Ale 1W AaZ Ille Zt,& ,sAAlel,s, � - � 7f.,711 �c ,��� Cl ..ca�a,� cy�, 1 1 + S I � r J t Ikl' 7"y \ Is Lv7 t.l!=� .'t r '4-� - •2y - k .r< 94 r wy `[r,vd 'Lg. ty }'•S e <,k'%` U .43 , i, ' a� �U�err id.'Ar YSAii,�'- 9� �' ,'n '�y! ''" � :5.;� r,•n�"r,..�r r� (j� p �F'i 1� i::: � h ,�7 r,r '�•a A'r i�� 1.�� •,�1 P• . � ;�� „Su�9��� jl. S.P Ir{,{ Jf�t'A'�.. � 4;'��) a� .., �¢•�. 0.1..- T2G � 1! C14 ���' ;� S jt't+�'iir t. S.F Sii�K {] a. a :.''IIII:iL.,SGP a fff ea '�S +` s. Y.,A.Ai .�.b. p kk � t VVIA •.y dr.l {'s f ,Irby ��r �{- .�,L��'M •h' CC� .`�•_ .�, �� [��I�I� .r:a�����=,FILyA'.$° vw�' '�T'lb� , •+ L r � ' +:n �t y ;r �n 4� S @��f 3?tit���ppl j�la�>� a i. ,}�, 11 �` fly � r i� ,� ll'• fill, , `4 :RI. i 1,- '. .,(r.y r .Jr�:-rh',-F 7 f♦� � ii � sof 9.,r.. I r.,f. .P Ai l � it .L;- /fn, p `� S.: , �ty,�l y�,q '2 i � 't )•: sY�, Wm, HC 1030 OEM ammm N ONE= em M—T FI �LA'tE. %`j"% F . 11ILL HC 1031 E I N? 5952111 NO. 595211. DISTRICT COURT N0.(5) 2720 Transfer from No. 325267 Originally registered the 10th day of August A. D. 1925 Volume 104 Page'33403 STATE of MNW)L REGISTRATION COI1liTY of HEIMEPI K This is to certify that Bernhard Max Preussner of 3209 Skycroft Drive, 'City of St. Anthony, County of Hennepin, State of Minnesota is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and State of Minnesota, to wit: Lot 5, Block 1, Wallace's Crestview Terrace Second Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to utility easement as shown on plat; - � ---`t�'` •...f`,.,,.,f •',3•_ .. '.i E AN , FIELD & N - AK ,;,�`.•-- ., _-_ ._.__ SURVEYORS I' `• 129 WEST LAKE STREET �ia�y,�s� ` MINNEAPOLIS 8, MINN. I' 1rr1 rrr. CERTIFICATE , ®F SURVEY Fcr Robert Weber Construction Co_ i 0 Scale : l"=20 ' OrS RIPTION : Lot 5, Block 1, `'NLLACE 'S CR. [ `T\/IE'N TE'�!�ACF `-CUND ADDITION . We hereby certify that this is a true and correct representation of a survey of the boundaries of the land 'above described and of the location of all building4 if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 13th day of ' nay 01960 EGAN, .FIELD b NOWAK Sur,Aeyors f �7 IF—i I'e N• 5 6 i 7_ t3vi+c N o. 1517-21 b y Proposed Amendment to Chapter 16, Zoning and Land Use Section 1615 - R-1, Single Family District 1615.05 Dimensional Regulations. Section 8. Lot Coverage. The lot coverage for residential structures, including sidewalks, driveways, and other impervious surfaces may not exceed 35%. Buil to land lot coverage for the following permitted and.permitted conditional uses may not exceed 40%: La Public Schools or parochial schools which have a curriculum equivalent to a public school. b Publically owned recreational facilities including parks, play grounds, swimming pools and athletic fields. Qc Churches, temples or synagogues and their supporting homes, convents or rectories. fd Essential service structures including but not limited to buildings such as telephone exchange substations, booster or pressure regular stations, • wells and pumping stations, elevated tanks and electrical power substations. fLe City buildings including fire and police stations and other municipal service buildings not considered industrial. Section 1650 - General Regulations 1650.05 Parking. Subd. 1. On-Site Parking. (3) Clubs and restaurants must have a number a parking spaces which is no less than the total designated seating capacity of the structure divided by 2.5, plus one parking space for each employee on the largest shift. (11) The parking requirements in the R/O District and R-1 Permitted Conditional Uses will be set by the Council according to the expected demand for the particular facility. Proposed changes to the City Ordinance are double underlined. I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 AUGUST 26, 1997 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: Acting City Manager Kim Moore-Sykes. 10 Councilmembers Absent: None. 11 III. APPROVAL OF AUGUST 26, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Enrooth to approve the August 26, 1997 Regular_ Council 13 Meeting Agenda as presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF AUGUST 12, 1997 CITY COUNCIL REGULAR MEETING 16 MINUTES. 17 Motion by Marks, second by Wagner to approve the August 12, 1997 City Council Regular 18 Meeting Minutes with the following change: 19 On page 10, Lines 5 and 6: remove "put to" and replace with "pit". 20 Motion carried unanimously. 21 V. LICENSES/PERMITS/PETITIONS. 22 Motion by Marks, second by Enrooth to approve the following licenses: 23 Contractors License: 24 Regal Builders & Remodelers, Inc., Maplewood, MN/working at 2827 Anthony Lane 25 S 26 Construction 70, Inc., St. Anthony, MN/working at 2808 Anthony Lane S 27 Stewart J. Construction, Hampton, MN/working at 2504-39th Avenue NE 28 Heating License: 29 Erickson PHC, Blaine, MN/no permit pulled 30 Wencl Service, Inc., Edina, MN/working at 2512-39th Avenue NE 31 Motion carried unanimously. 32 VI. PRESENTATION OF CLAIMS. 33 Motion by Marks, second by Wagner to approve the following claims: 34 City Council Regular Meeting Minutes August 26, 1997 Page 2 1 A. Hessian, McKasy & Soderberg in the amount of$3,000.00 for the Schnitzer Group 2 assessment in regard to the Schnitzer Iron & Metal MERLA Site Group. 3 B. Lund Martin Construction in the amount of$48,260.00 for Pay Application #1 for 4 SAV Liquor Project. 5 C. Rieke Carroll Muller: 6 1. In the amount of$3,215.21 for professional services rendered from June 29 to 7 July 26, 1997 in regard to 33rd Avenue Design. 8 2. In the amount of$8,161.05 for professional services rendered from June 29 to 9 July 26, 1997 in regard to 1997 Street/Watermain Improvements Construction. 10 D. Ramsey County in the amount of$46,110.00 for Agreement 94011, traffic signals and 11 interconnect on Silver Lake Road at County Road D and 39th Avenue NE. 12 E. Superior Ford:_ 13 1. In the amount of$19,289.00 for purchase of a 1997 Ford Crown Victoria 14 2. In the amount of$19,289.00 for purchase of a 1997 Ford Crown Victoria. 15 F. 4 pages of Verified Claims as presented by the Finance Director. 16 Councilmember Wagner noted that the Ramsey County invoice referred to the interconnect on 17 Silver Lake Road and Palmer Drive. He verified that the City of St. Anthony was not 18 involved in that interconnect. 19 Mayor Ranallo stated this was correct. 20 21 Motion carried unanimously. 22 VII. REPORTS. 23 A. Planning Commission - August 19 1997. 24 Planning Commissioner Chris Makowske was present to report on the issues addressed at the 25 August 19, 1997 Planning Commission meeting. 26 1. Rick Lorenz, for 3821 Foss Road; Side Yard Setback Variance Request. 27 Commissioner Makowske reported the Planning Commission held a public hearing on August 28 19 to consider a side yard variance request for Rick Lorenz, 3821 Foss Road. He reported 29 this is a long and somewhat narrow lot. There currently is a tri-plex on the lot-and Mr. 30 Lorenz would like to construct an addition, converting the building to a four-plex with a 31 double car tuck-under garage. He is also planning to add a 10 x 20 storage room on the back 32 of the proposed addition. Mr. Lorenz is also planning to remove an existing storage building 33 to the east of the proposed addition, thereby reducing the lot coverage and getting rid of an 34 old building to improve the storm water drainage of the property. 35 Commissioner Makowske reported that the Planning Commission had difficulty finding a 36 hardship to support the granting of the variance. The Commission did not believe that 37 economic consideration was the primary motivation as the owner lives at the property. The 38 Commission and the neighbors of the property noted that Mr. Lorenz has improved the 39 grounds since he bought the property and has been a good neighbor. Without the setback 40 variance, this would be a wonderful project. City Council Regular Meeting Minutes August 26, 1997 Page 3 1 Commissioner Makowske reported that Commissioner Franzese made a motion to approve the 2 variance which died for lack of a second. The Planning Commission eventually voted to deny 3 the petition for variance (4-1; 2 Commissioners were absent). 4 Councilmember Faust questioned the zoning and also if a site plan had been presented to the 5 Planning Commission. 6 Commissioner Makowske stated that the property was zoned R-4. He then displayed the site 7 plan on the overhead screen and described the site. 8 Mr. Lorenz, 3821 Foss Road, stated the north side of his property abutted the back side of the 9 St. Anthony Self-Storage. He has received no complaints from the owner of that property. .10 He stated one hardship was a problem with flooding in the lower unit of the tri-plex. During 11 a heavy rainfall the water pools in the area of the storage building and flows into the lower 12 unit. He stated he has spent a lot of money and.time on this problem. 13 Councilmember Marks asked if the area of the storage building was partially filled in by a 14 previous owner. Mr. Lorenz stated he believed it was filled with a lot of large rocks that are 15 beginning to surface in the area. 16 Mr. Lorenz stated another hardship was that he did not have a garage. The proposal would 17 also provide enough area on the asphalt so that each owner could have two parking spaces. 18 Mr. Lorenz explained that he had three different plans drawn for the site and this plan was the 19 best. There was an oak tree behind the tri-plex which precluded building in that area and the 20 south side of the lot was too low. 21 Marks commented that there was nothing particularly unusual about the shape of the property. 22 Mr. Lorenz noted that there was a berm around three sides of the property which caused 23 problems during a heavy rainfall. 24 Councilmember Faust questioned why Mr. Lorenz would want to build an addition on a lot 25 which was already experiencing a water problem. 26 Mr. Lorenz stated the water problem was on the south side of the lot, not the north side 27 where the proposed addition would occur. With removal of the old storage building the flood 28 plain would be enlarged to allow ponding which would then drain away in the existing six 29 inch PVC piping. 30 Marks asked if the southeast portion of the property was used. He also questioned if the 31 garage could be built without a variance if it was moved further east and south on the site. City Council Regular Meeting Minutes August 26, 1997 Page 4 1 Mr. Lorenz stated that the open grassy area on the southeast portion of the site was used for 2 recreational purposes by the tenants of the building. The garage could not be moved to the 3 east and south as there was a hundred year old oak tree in that area. 4 Marks stated the location of the tree was not justification for granting of a variance. 5 Mayor Ranallo noted that this addition would increase the value of the property and that a 6 variance cannot be granted for the purpose of economic gain. 7 Mr. Lorenz stated he did not believe he would gain any equity in the property. 8 Marks asked if the garage could be built on the south side of the property. 9 Mr. Lorenz stated the ground was too low on the south side of the property. He noted he had 10 three drawings of the proposal at home. 11 Faust questioned if all possible options had been considered. He asked if all the plans had 12 been submitted to Staff. 13 Acting City Manager Moore-Sykes stated she was aware of one other plan.being presented to 14 the Public Works Director. He had stated that plan would not work. 15 Faust noted the Council is constrained by the State Statutes and is required to demonstrate 16 that the variance meets the requirements and that there is an undue hardship. This property 17 currently is being utilized without a variance. He suggested Mr. Lorenz work with City Staff 18 and investigate other options for the addition. 19 Mr. Lorenz stated he would withdraw the petition for the side yard setback variance for 3821 20 Foss Road and work with City Staff to determine an alternate solution for the addition. 21 22 2. Ordinance 1997-006, re: Signage for Professional Buildings ( 1st Reading ). 23 Commissioner Makowske reported the proposed amendment to Chapter 14, Signs, adds a 24 definition of a Professional Building to the City's Ordinance and includes Professional 25 Buildings in the requirements for a Comprehensive Sign Plan. The Ordinance has been 26 reviewed and approved by the City Attorney. 27 Section 1., Chapter 14, Section 1400.04, Definitions, of the City Code will be amended to add 28 the following: "Subd. 36 Professional Building. Any multi-story building of 50,000 square 29 feet or more occupied by professional service oriented businesses, such as legal, clinical or 30 health care related retail or service establishments with parking provided on the tract of land 31 for use in common by patrons and occupants." 32 Section 2., Chapter 14, Section 1400.09, Subd. 5, Signs Requiring Permits, would be amended 33 to add "Professional Buildings" in the title and ", strip mall, or professional building" in the 34 contents of the subdivision. City Council Regular Meeting Minutes August 26, 1997 Page 5 1 Commissioner Makowske explained this ordinance would allow buildings such as the Apache 2 Medical Building to utilize a Comprehensive Sign Plan which would be subject to approval 3 by the City Council and administered.by the owner of the property. 4 Commissioner Makowske commended City Staff and tenants of the Apache Medical Building 5 who had worked together with the Planning Commission to arrive at this solution. 6 Motion by Marks, second by Faust to approve the 1st reading of Ordinance 1997-006, an 7 Ordinance relating to signs, amending Chapter 14 of the 1993 St. Anthony Code of 8 Ordinances, by adding Subd. 36 to Section 1400.04; and by amending Section 1400.09, Subd. 9 5. 10 11 Motion carried unanimously. 12 Commissioner Makowske reported the Planning Commission also held a concept review for 13 St. Charles Borromeo Catholic Church Addition. They are proposing to add a gathering space 14 between the church and the convent. There are several issues in regard to this request 15 including a conditional use permit, lot coverage, a backyard setback variance, and a variance 16 for 200 parking spaces. 17 Commissioner Makowske noted the church was constructed prior to the current City 18 requirements being in place. It may be appropriate to deal with this issue with a variance. It 19 may also be appropriate to consider a change to the Ordinance requirements for churches as 20 various other churches are experiencing the same problems. 21 Commissioner Makowske stated the Planning Commission is always available to help the City 22 Council with other drainage issues in the City. He asked that the Council contact the 23 Commission if there were any areas where they could use assistance. 24 B. Councilmembers. 25 Wagner noted the August 1997 Minnesota Cities issue which is published by the League of 26 Minnesota Cities. The issue is devoted largely to the Healthy Youth/Healthy Community 27 Organization and includes articles on such topics as youth assets, connecting with kids, and 28 measuring assets of City schools. He stated he would see that all members of the Board of 29 ACTION receive a copy. He also recommended that all Councilmembers read the 30 publication. 31 Faust reported his attendance at the task force meeting of the League of Minnesota Cities 32 Fiscal Futures Committee. New policies and proposed new policies for the upcoming 33 legislative session were discussed. Faust stated the Committee has a better focus this year and 34 will work better with the legislature. He noted that there was also a presentation at that 35 meeting by Lyle Wray, Executive Director of the Citizen's League. Mr. Wray discussed 36 urban sprawl and the subsidies and costs associated with that. City Council Regular Meeting Minutes August 26, 1997 Page 6 1 Marks reported his attendance at the Parks Task Force meeting on August 18, 1997. The 2 Task Force began compiling a catalogue of all the actions that go on in the parks and 3 discussed the proposed plans. . It was rioted that the City has half the number of parks that 4 would be expected for a City of their population. Marks also noted that all the parks, with 5 one minor exception, are located east of Silver Lake Road. 6 Enrooth reported his attendance at the wrap up meeting of VillageFest on August 18, 1997. 7 The economic aspect was good with the silent auction and kid's games doing well. Many of 8 the previous VillageFest members have volunteered for other committees with almost all 9 committees staffed for next year except the chairman position. Enrooth reported the 10 electricity for the event worked well and lessened the burden on the generators. The date set 11 for the 1998 VillageFest is August 1. 12 Enrooth reported that the damage to City parks is continuing, with Emerald Park in particular. 13 The City has been forced to close the restrooms as partitions have been removed, mirrors 14 taken, and toilet paper set on fire. This is an ongoing problem which is occurring almost 15 weekly. 16 17 C. Maw 18 Mayor Ranallo reported he and City Manager had attended the legislative hearings on August 19 14, 1997. They had thought.they would be allowed to testify but the only person allowed to 20 testify was the Mayor of East Grand Forks. Ranallo reported that since that meeting he had 21 received a call from Representative Vento's office regarding federal funds. Residents can 22 apply for grants for temporary housing, etc. Ramsey County Commissioner Weisner is also 23 still working to determine the availability of funding for residents. 24 Ranallo reported he had spoken with the owners of Town and Country Foods and the location 25 is up for rent or sale. The owner was originally asking a price of$1.2 million. Ranallo 26 stated that he pointed out that the property did not have that high of a value. The owner is 27 currently attempting to get a price of at least $1 million or they will rent out the site. 28 D. Acting City Manager. 29 Moore-Sykes reported she has worked on the flooding issue most of the week. The League 30 of Minnesota Cities has indicated that the City of St. Anthony has made all the efforts that the 31 City of St. Paul and Minneapolis have made with the exception of receiving any private 32 donations. They reported that the monies received by donation are being held in a trust fund 33 for eligible people and will be dispersed by volunteers. 34 Mayor Ranallo reported that OPUS and Walmart are currently meeting to try to work 35 something out for locating at Apache Plaza. 36 VIII. PUBLIC HEARINGS. 37 Anthony Kaczor, 3008-33rd Avenue, thanked the City Council for saving the trees located on 38 the south end of the tennis courts. He also noted that one tree was lost near the City Hall. City Council Regular Meeting Minutes August 26, 1997 Page 7 1 Sue Kozarek, 4029 Shamrock, stated she had reached FEMA today via the following number: 2 1-800-462-9029. She stated residents can apply for SBA low interest loans and disaster home 3 grants. She has applied for both. The application.process is ten minutes and then a packet 4 will be sent to applicants and received within seven to ten days. 5 Mayor Ranallo reported that John VanHecke, Representative Vento's office, has stated that 6 there may be a shortcut to obtaining funds for homes that contain damage on the first floor 7 and above. These people may receive assistance in the form of outright funds. The 8 legislature has stated that the most money in the State of Minnesota will be given to the Fire 9 and Police Stations of East Grand Forks and that nothing will be given for damage to "non- 10 livable areas". 11 Ms. Kozarek stated she had also contacted Representative Marty's Office to obtain 12 information as to what was included in the recently passed Bill. 13 Mayor Ranallo stated that all the funds in the Bill will be given to East Grand Forks. The 14 House of Representatives did come back and put some funds in for the metropolitan area but 15 the City still has no information on that. 16 Ms. Kozarek stated that when the Flood Task Force was originally formed in July the City 17 Council asked for volunteers. One resident who did not volunteer but did speak to the 18 Council at their last meeting is Dennis Cavanaugh. She stated that at that meeting, the Mayor 19 verbally invited Mr. Cavanaugh to be a member of the Task Force. She stated that she would 20 like to formally request that Mr. Cavanaugh be allowed to volunteer to be a member of the 21 Task Force. She reported that 10 of the 12 members of the Task Force had gotten together 22 this past week and feel that they want him to join as he has valuable information and access 23 to legal information that other members do not have. 24 Mayor Ranallo corrected Ms. Kozarek that he had not verbally invited Mr. Cavanaugh to be a 25 member of the Task Force but had questioned why he was not a member. He asked who had 26 convened the recent meeting of the Task Force. 27 Ms. Kozarek stated it was not a real meeting. They had only gotten together to discuss their 28 frustrations with the first meeting of the Task Force. The members felt they were not able to 29 have any input. 30 Councilmembers Enrooth and Faust noted they and Acting City Manager Moore-Sykes were 31 not invited to the meeting of the Task Force which was held last week. 32 Ms. Kozarek stated this meeting was the citizens getting together. It was not a formal 33 meeting. 34 Mayor Ranallo stated that this is a City appointed Task Force and all meetings where there is 35 a quorum have to be announced.and open to the public. He stated that the results of the 36 meeting that he has heard lead him to believe that it was a formal meeting. City Council Regular Meeting Minutes August 26, 1997 Page 8 1 2 Ms. Kozarek stated that the citizens wanted to make sure that they had the information for the 3 engineer because they did not feel like they were able to have any input. They want the 4 information to be brought forward and the meeting not to be bogged down. 5 Mayor Ranallo stated that the Task Force is in control of the meeting. 6 Ms. Kozarek stated that the citizens had requested to meet more often than once per month. 7 Moore-Sykes stated that the facilitator had stated that this was not possible because the 8 necessary information would not be available earlier than one month. She also stated the 9 Open Meeting Law may be applicable in this situation and the City Attorney is looking into 10 the situation. As the Task Force was appointed by the City Council, the members may have 11 liability under the Law. 12 John Kuharski, 2709 Pahl Avenue NE, stated this was an informal meeting and no votes were 13 taken. The Task Force would like to meet more often and felt that they were pushed off by 14 City Staff and Councilmembers. Mr. Kuharski complained that at the first meeting of the 15 Task Force no minutes were taken and the input of the citizens was not even recorded by the 16 facilitator. The facilitator controlled the whole meeting. 17 Enrooth asked why the Task Force members had not brought their concerns to the attention of 18 City Manager or Management Assistant. 19 Mr. Kuharski stated he had raised his concerns at the first Task Force meeting. 20 Bob Lohmar, 2512 St. Anthony Road, stated he felt the City Council was getting irritated 21 because they had asked the Task Force to do something and now members were asking for 22 feedback. He stated he had requested information from Management Assistant the day after 23 he applied for the Task Force and he still has not received it. He stated the Task Force 24 should have all the information available so that they can do the job they are supposed to. 25 Mayor Ranallo stated he was not aware that Mr. Lohmar had not received the information he 26 had requested. 27 Mr. Kuharski questioned how members of the Task Force could have liability if their legal 28 duties were not explained to them. He noted that six or seven members of the Task Force 29 were present at another meeting in regard to the flooding. He felt that volunteers should be 30 able to speak to anyone interested. He stated he did not sign anything accepting any liability. 31 He noted the facilitator had mentioned a mission statement at the first Task Force meeting but 32 then it was dropped and never talked of again. 33 Mayor Ranallo stated his concern that the first Task Force meeting did not go the way the 34 members wanted it to and the Council was not made aware of it until now. He noted that the 35 Planning Commission is a volunteer Commission and they are required to post their meetings. City Council Regular Meeting Minutes August 26, 1997 Page 9 1 Mr. Kuharski asked if this requirement was explained to them. He stated that as a member of 2 the Task Force he was never made aware of this requirement. He stated it seemed like the 3 Council was telling the Task Force members that they had done a bad thing and they,were in 4 trouble. 5 Mayor Ranallo stated that the Task Force had to be careful that all of their meetings were 6 posted. If they have another meeting they have to be certain that all members of the Task 7 Force are invited. 8 Faust noted that all the members of the Task Force were not invited to this meeting. 9 Mr. Kuharski stated that every non-elected resident was invited. 10 Enrooth stated that it appeared that this subverted the process of establishing the Task Force. 11 Mr. Kuharski stated he felt the process was subverted at the first meeting and the residents 12 were only trying to fix it. He stated if the City was doing their job they would have 13 explained the Task Force members duties at the first meeting. He questioned the Management 14 Assistant's role on the Task Force. 15 Moore-Sykes explained that she was the Staff liaison and was available to help with questions 16 or provide information. 17 Mayor Ranallo addressed the question of Mr. Cavanaugh being appointed to the Task Force. 18 The Park Task Force had requested that an additional member be added and the Council 19 denied the request as the application period had been opened and closed. That person chose 20 not to make it an issue as he could still attend the meetings. 21 Mr. Kuharski questioned when the application period for the Flood Task Force had been 22 opened and closed. He noted it was closed the day before a Council meeting but his wife 23 attended the meeting and mentioned that he wanted to be on the Task Force and he was 24 accepted after the cut-off date. He also noted that Jane Hintz had been appointed a couple of 25 days after he was. 26 Mayor Ranallo noted that Mr. Kuharski and Ms. Hintz were mentioned and part of the 27 appointment the evening of the Council meeting. 28 Mr. Kuharski stated he could name at least three people who were appointed after the cut-off 29 date. 30 Enrooth stated the others were appointed to obtain the desired twelve members. 31 Mr. Kuharski asked if the second cut-off date was published. City Council Regular Meeting Minutes August 26, 1997 Page 10 1 Mayor Ranallo stated that the cut-off date was the day before the Council meeting. The night 2 of the Council meeting Mrs. Kuharski mentioned that Mr. Kuharski wished to be on the Task 3 Force and Ms. Hintz also expressed a desire. The Council-stated that if the applications were 4 received the next day, these residents would be appointed. 5 Wagner noted the names were verbally entered into the record. g Y 6 Mr. Lohmar questioned why the Management Assistant was on the Task Force. She does not 7 even live in the City. He stated that she is Staff and should not be on the Task Force. He 8 stated the Council was intimidated by Mr. Cavanaugh's knowledge. 9 Faust noted that there needs to be someone present to take requests and answer questions. 10 Mr. Cavanaugh stated this is why the City Manager is there. 11 Marks stated his personal view was that if residents wanted to volunteer for the Task Force 12 the Council should let them. He noted that there may be others who would also like to 13 volunteer. He suggested that the positions should be advertised. 14 Enrooth noted there had been others in attendance at the first Task Force meeting who had 15 -asked if they could participate. They had been told that the objective of twelve Task Force 16 members had been achieved. If additional members were being considered it should be open 17 to any others interested. He noted additional members could conceivably extend the process. 18 Mr. Kuharski stated he would mention that the application process would be opened again at 19 the Task Force meeting. 20 Mayor Ranallo stated it would be published. He stated he objected to Mr. Lohmar's comment 21 in regard to Mr. Cavanaugh. He had never stated that he did not want Mr. Cavanaugh on the 22 Task Force in fact he had questioned why he wasn't on the Task Force. He stated in order to 23 be fair the application process would have to be reopened. 24 Mr. Lohmar asked if one of the members could resign and Mr. Cavanaugh could be appointed 25 in their place. 26 Mayor Ranallo stated that if the process was open, it must be open to all residents. 27 Mr. Cavanaugh apologized for not applying for the Task Force in the first place. The reason 28 he would like to be on the Task Force is that he feels the short-term issues are not being 29 addressed. He expressed concern that opening the application process would slow the work of 30 the Task Force. New members would not be in attendance at a meeting until the end of 31 September. He asked if he would be allowed to stand as a resource to the Task Force in a 32 manner similar to that of the Management Assistant. City Council Regular Meeting Minutes August 26, 1997 Page 11 1 Mayor Ranallo stated this was not possible. He recommended that an article appear on the 2 front page of the Bulletin on September 2 and the application process would close on 3 September 8, with appointments made on September 9, 1997. Ranallo stated that a member 4 of the Planning Commission and the School Board should also be included on the Task Force. 5 He noted that if changes were proposed to Central Park this could also include property which 6 belonged to the school and not the City. 7 Mr. Cavanaugh stated that it was incumbent upon the City to lay out the Open Meeting Law 8 to the citizens that volunteered for committees. He stated that freedom of speech is still a 9 fundamental right. He felt the recent Task Force meeting was only a group of citizens that is 10 well energized and well intentioned sitting down to strategize as citizens. 11 Mr. Kuharski recommended that a member of the Planning Commission and School Board be 12 appointed to the Task Force this evening so as not to slow down the process. 13 Mayor Ranallo stated this was not possible. Commissioner Makowske stated he planned to 14 attend the Task Force meeting as an observer. 15 Motion by Marks, second by Faust to publish the reopening of the application process to the 16 Flood Task Force and publish the opening in the Bulletin on September 2, 1997 with a 17 closing date of September 8, 1997 and appointment at the September 9, 1997 City Council 18 meeting. 19 Motion carried unanimously. 20 Mary Ann Kuharski, 2709 Pahl Avenue NE, stated she had not been at the recent Task Force 21 meeting. She stated she felt the meeting had resulted out of the frustration felt by the affected 22 residents who had to deal with this issue on a daily basis. The affected residents would like 23 this process to move forward quickly. She stated she did not want the Task Force members 24 to leave this meeting with the fear that there may be legal ramifications. 25 Wagner stated the Council was by no means trying to threaten the Task Force members. 26 There were however, concerns raised by the City Attorney. 27 Mr. Kuharski asked if the meeting could be considered a work session. 28 Mayor Ranallo stated that work sessions also were required to be posted. 29 30 IX. NEW BUSINESS - None. 31 X. UNFINISHED BUSINESS. 32 A. Ordinance 1997-005, re: Professional Buildings as Permitted Conditional Use in 33 Commercial Districts ( 3rd Reading ). - 34 Marks questioned why research and testing which uses animals was excluded. City Council Regular Meeting Minutes August 26, 1997 Page 12 1 Faust stated the City did not want this type of activity to occur. He also noted there could be 2 health issues involved. 3 Motion by Faust, second by Wagner to approve the 3rd reading and adoption of Ordinance 4 1997-005, relating to permitted conditional uses in a "C" Commercial District; amending 5 Section 1635.03 of the 1993 St. Anthony Code of Ordinances by adding (u) and (v). 6 7 Motion carried unanimously. 8 B. Ordinance 1997-007, re: Ground Signs ( 3rd Reading 1 9 Motion by Marks, second by Enrooth to approve the 3rd reading and adoption of Ordinance 10 1997-007, relating to signs, amending Chapter 14 of the 1993 St. Anthony Code of 11 Ordinances, Sections 1400.10 and 1400.12, Subd. 1(1) and 1400.12 by adding (4) (a) and (b). 12 Motion carried unanimously. 13 XI. ADJOURNMENT. 14 Motion by Marks, second by Wagner to adjourn the meeting at 8:35 P.M. 15 Motion carried unanimously. 16 Respectfully submitted, 17 Lorri Kopischke 18 TimeSaver Off Site Secretarial 19 20 Mayor 21 ATTEST: 22 City Clerk