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Document: PL PACKET 02172004
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
February 17, 2004
7:00 pm; Council Chambers
1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call.
4. Approval of Agenda. -
5.. Meeting Minutes.
6. Communication with City Council.
6.1 Designate a Planning Commissioner to the February 24, 2004 City Council
Meeting. Because there are no public hearings, this may not be
necessary.
7. Public Hearing.
8. Concept Reviews.
8.1 Frank Peterson, set back variance request for property located at 2601 -
31St Avenue NE.
8.2 Tires Plus, conditional use permit and administrative subdivision for
property located adjacent to the TCF on Silver Lake Road.
9. Public Input.
Individuals may address the Planning Commission about any item not included
on the regular agenda. Speakers are requested to come to the podium, sign their
name and address on the form at the podium, state their name and address for
the Clerk's record, and limit their remarks to five minutes.
10. Information and Discussion.
11. Announcements.
12.. Adjournment.
Planning Commission Meeting Minutes
January 20, 2004
Page 1
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 January 20, 2004
6 7:00 p.m.
7
8
9 I. CALL TO ORDER.
10 Council Liaison Theusen called the meeting to order at 7:00 p.m.
11
12 II. PLEDGE OF ALLEGIANCE.
13 Council Liaison Theusen invited the Council and the audience to join in the Pledge of
14 Allegiance.
15
16 III. ROLL CALL.
17 Commissioners present: Commissioners Gray, Hanson, Hoska, Jensen, Stromgren, Tillman
18 and Young.
19
20 Absent: None.
21
22 Also present: Council Member Theusen; City Manager Michael Morrison.
23
24 IV. VOTE ON PLANNING COMMISSION CHAIR AND VICE CHAIR
25
26 Council Member Theusen explained that at the first regular meeting in January the Planning
27 Commission elects a Chair and Vice Chair. He further explained that since the Chair from 2003, Chris
28 Melsha,is no longer on the Commission and Vice Chair Randy Stille is now on the City Council that he
29 was asked to call the meeting to order and take nominations for the Chair and Vice Chair positions. He
30 stated that once the Commission elects a Chair and Vice Chair, that he would step aside and have the
31 new Chair finish the meeting. He asked the Commission for nominations for the Planning Commission
32 Chair.
33
34 Commissioner Hanson nominated Commissioner Joel Stromgren for Chair.
35
36 The Commission agreed by consensus to approve the appointment of Commissioner Joel Stromgren as
37 Chair for the St. Anthony Planning Commission for 2004.
38 Motion carried unanimously
39
40 Commissioner Tillman nominated Commissioner Todd Hanson for Vice Chair.
41
42 The Commission agreed by consensus to approve the appointment of Commissioner Todd Hanson as
43 Vice Chair for the St. Anthony Planning Commission for 2004.
44 Motion carried unanimously
45
Planning Commission Meeting Minutes
January 20, 2004
Page 2
1 V. PUBLIC INPUT.
2
3 No one stepped forward.
4
5 VI. APPROVAL OF AGENDA.
6
7 Motion by Commissioner Tillman, second by Commissioner Hoska, to approve the meeting
8 agenda as presented.
9
10 Motion carried unanimously.
11
12 VII. MEETING MINUTES.
13 6.1 Review and Approval -Planning Commission Minutes of December 14, 2003.
14
15 Motion by Vice Chair Hanson, second by Commissioner Tillman, to approve the Planning
16 Commission meeting minutes of December 14, 2003 as presented.
17
18 Motion carried unanimously.
19
20 VIII. COMMUNICATION WITH CITY COUNCIL.
21 7.1 Designate a Planning Commission member to the January 27, 2004 City Council
22 Meeting.
23
24 Chair Stromgren has indicated that he would be available to attend the next City Council meeting
25 on January 27, 2004.
26
27 IX. PUBLIC HEARINGS.
28 8.1 Ali's Mini Mart, Ali Shanna, owner, 3259 Stinson Boulevard—Request for Conditional
29 Use Permit and a Parking Variance.
30
31 Chair Stromgren opened the Public Hearing at 7:06 p.m.
32
33 City Manager Morrison stated that this is the Public Hearing for two requests concerning Ali's
34 Mini Mart, located at 3259 Stinson Boulevard. He explained that the petitioner is interested in
35 adding two new refueling islands with four pumps as well as one steel canopy. He indicated that
36 Griffin Contracting has filed a conditional use permit and a variance application for the owner of
37 the Mini Martin December 2003. He noted that a concept review of the plan was held at the
38 December 16, 2003 Planning Commission meeting. He provided the Commission with an
39 update and background on the proposed plan stating that the petitioner has filed a variance
40 application for the parking requirements, as their plans do not show enough parking. He
41 explained that the City's commercial zoning code requires 10 parking spaces for the site, which
42 is one space per 300 square feet of gross floor area or 2,960 square feet. He further explained
43 that the petitioner's plan shows five spots, plus two specifically designated as employee parking
44 adding that City code does not specify for whom the parking spaces are designated for. He stated
45 that the parking spaces are located in-the-City's right-af-way,_which is not allowedby code...He
Planning Commission Meeting Minutes
January 20, 2004
Page 3
1 stated that the petitioner has commented that there are eight parking positions at the islands and
2 that Staff has explained to them that those spaces would not count towards the required 10
3 parking spaces. He provided the Commission with an overview of the City Code requirements
4 adding that the conditional use pen-nit is also required and has been filed by the petitioner for the
5 gas station use in the commercial zoning district.
6
7 Mr. Momson stated that at the December concept review the Planning Commissioners viewed
8 the proposed plan and offered comments noting that the Commissioners were concerned the site
9 would be too dense with adding the proposed pumps. He mentioned that the Commissioners felt
10 circulation to the site would be difficult and reducing the number of parking spaces is moving in
11 the wrong direction. He stated that the petitioner has not submitted revised plans since the
12 December concept review.
13
14 Mr. Mornson stated that notices were sent to the Lillian Newspaper adding that he was notified
15 today that the notice was not published. He indicated that the public did receive individual
16 notification and that they copy Paul Ostrow to clarify the appropriateness of holding the meeting
17 tonight because the notice was not published in the local newspaper.
18
19 Bruce Madsen, Griffin Contracting provided the Commission with an overview of the proposed
20 plans. He reviewed the layout with the Commission noting the current parking area would be
21 eliminated due to traffic flow. He indicated that they would maintain the left side of the lot for
22 the parking area. He stated that the fuel stations are now equipped with the `pay at the pump'
23 functionality and reviewed with the Commission.
24
25 Chair Stromgren asked if the drawing is based on scale. He asked for further clarification of the
26 distance of the parking area from the station and street locations. Mr. Madsen confirmed that the
27 drawing is to scale and reviewed the parking area locations with the Commission.
28
29 Commissioner Hoska mentioned that Vice Chair Hanson had suggested placing the two islands
30 closer to the station noting the cost would be an additional$35,000.00.
31
32 Ron Hanson, 3220 Melden Drive, stated that he has been a neighbor near the store for 34 years
33 and that he is present to speak against this proposal. He mentioned that he had the viewed the
34 Planning Commission meeting and preliminary review and expressed his agreement with the
35 issues and problems that were discussed. He stated that there is a real traffic problem at this
36 intersection and reviewed with the Commission. He referenced the five parking spaces and
37 reviewed his concerns regarding the lack of space with the Commission. He reviewed the off
38 street parking options with the Commission noting that this causes a huge issue during the early
39 morning rush hour and expressed concerns regarding the safety in this area.
40
41 Mr. Hanson mentioned that he did not hear any questions or concerns regarding delivery vehicles
42 stating that with the lack of parking available the delivery vehicles would contribute even further
43 to the congestion in the area. He stated that the traffic flow is a real problem in this area and
44 suggested doing a traffic study to determine whether this would be a safe environment or not.
45
Planning Commission Meeting Minutes
January 20, 2004
Page 4
1 Mr. Hanson referenced the requirements and conditions for the variance request stating that
2 based on the code the condition of use states that it would not be detrimental to the health of the
3 residents and expressed concerns that this was not being considered. He referenced the increase
4 in fumes and congestion noting that this increases the safety hazards at this intersection.
5
6 Mr. Hanson stated that one of the requirements for the variance is that it would create a condition
7 of hardship if not approved. He questioned the issue of hardship stating that he does not believe
8 this request meets the condition of hardship. He stated that this would not be good for the
9 neighborhood and would increase the safety hazards already present in the area. He provided the
10 Commission with photographs noting that the owner does not maintain the area around the
11 station appropriately. He expressed concerns stating that it is his wish that the owner would be a
12 better neighbor.
13
14 Mr. Hanson referenced the canopy and expressed concerns regarding the lighting. He asked if
15 the owner had received a permit to install the lights. He thanked the Commissioners for their
16 hard work on this request and encouraged them to deny the request.
17
18 Amy Sharma, owner, explained that she and her husband were not able to run the business until
19 mid-September 2003. She acknowledged the issues regarding maintenance of the property and
20 assured the Commission that the condition of the property would be resolved in the spring. She
21 explained that they did not install the lighting and asked if there had been any recent complaints.
22 She agreed that the area does get very congested during rush hour adding that it is their hope that
23 with their proposal it would help to improve the flow of the traffic. She noted that many of their
24 customers do wait in line for a spot versus driving around the block,which does add to the
25 congestion. She mentioned that they have received complaints regarding the distance of the
26 pumps from the station and reviewed with the Commission.
27
28 Vice Chair Hanson indicated that it was his understanding that convenience stations such as this
29 one normally does not make their money from selling gas but does by selling the products
30 available inside the station. Ms. Sharma agreed noting that many of their customers purchase
31 both gas and in-store products.
32
33 Vice Chair Hanson asked Mr. Madsen where the gas tankers would park. Mr. Madsen explained
34 that they would park on the building side of the new islands and reviewed with the Commission.
35 He also indicated that they would request delivery for after hours.
36
37 Vice Chair Hanson asked what their open hours are for the station. Mr. Madsen stated that the
38 station is open from 6:00 a.m. to 11:00 p.m.
39
40 Commissioner Young stated that she recently saw a Coca Cola delivery truck parked along the
41 wall and asked if this would be the same process going forward. She expressed concerns stating
42 that the truck took up three parking spaces and contributed to the congestion. Mr. Sharma
43 confirmed that this would continue to be the process and reviewed with the Commission.
44
Planning Commission Meeting Minutes
January 20, 2004
Page 5
1 Commissioner Young asked Mr. Shanna how many deliveries they receive each day. Mr. Shanna
2 reviewed the delivery schedule with the Commission noting that on an average they receive one
3 to two deliveries per day.
4
5 Chair closed the Public Hearing at 7:37 p.m.
6
7 Commissioner Tillman expressed concerns regarding the location of the parking spaces and the
8 closeness to residential areas. She asked if the proposed parking were five legitimate spaces.
9 City Manager Morrison explained that the City Code is silent in terms of the spaces closest to the
10 residential area and reviewed with the Commission.
11
12 Commissioner Tillman expressed concerns stating that the area can get extremely congested
13 during certain times of the day adding that some spaces would not be accessible at all times. She
14 asked if the Commission is responsible for deciding on the number of required spaces. City
15 Manager Momson explained that approval of the request would include determining the number
16 of required spaces.
17
18 Commissioner Hoska stated that the center area would have to be striped off. Mr..Madsen
19 confirmed noting that it would also include `No Parking' signs.
20
21 Commissioner Tillman stated that there is not enough room on this lot and the parking shows
.22 this. She stated that she is concerned about limiting the Sharma's from expanding their business
23 adding that she does not see where they have met the requirements of the variances. She
24 indicated that she also has concerns regarding the full five parking spaces.
25
26 Vice Chair Hanson stated that the only way they could expand is to place the two pumps in the
27 grassy area along Stinson. He suggested a curb cut on the northeast corner to accommodate the
28 delivery vehicles that would provide access via 33`d. He stated that he could not agree to the
29 variance request at this time.
30
31 Commissioner Hoska referenced the placement of the two fuel stations and suggested placing
32 them to the east of the existing canopy and create a single lane down the center. He stated that by
33 doing this they would not incur the setback. He stated that the parking is a real issue and concern
34 and suggested reducing the proposal to six pumps versus the suggested eight.
35
36 Chair Stromgren agreed stating that parking is a real issue. He indicated that he was in
37 agreement with Staff s interpretation adding that this is not just a gas station,but also a
38 retail/mercantile business. He stated that the parking allowance applies and that they cannot
39 count the spaces at the pump as parking. He referenced the lighting stating that City Code allows
40 1-foot candles from the property line. He stated that the existing conditions exceed the code and
41 suggested that, as the lights are re-lamped that they step it down to meet City Code. Mr. Madsen
42 clarified that the lights are luminate.
43
Planning Commission Meeting Minutes
January 20, 2004
Page 6
1 Chair Stromgren expressed concerns regarding the access points and safety for the vehicles. He
2 agreed that the area does get very congested adding that it does not help the flow of traffic during
3 the rush hour time period.
4
5 Motion by Commissioner Tillman, seconded by Vice Chair Hanson, that the Planning
6 Commission recommends denial of the conditional use permit and the variance request. Findings
7 are that the property can still be put to reasonable use without the variance and that there is no
8 difficulty or hardship caused by the denial. The proposal does not meet the four conditions
9 outlined for approval of a variance.
10
11 Motion carried unanimously
12
13 X. INFORMATION AND DISCUSSION.
14
15 City Manger Morrison stated that the training session'for the new Planning Commissioners would be
16 held in March. He stated that existing members are also welcome to attend and provided the
17 Commission with an overview of the class content.
18
19 City Manager Morrison provided the Commission with an update on the following projects:
20
21 • Closed on December 19 on the Apache Plaza buildings.
22 • Bids are underway for the Environmental Review and Demolition.
23 • Herberger's is holding a Going Out of Business Sale and have agreed to step aside.
24 • Will be extending 39th. Planning Commission has reviewed the final housing component and has
25 endorsed the site plan for the residential and the preliminary for commercial.
26 • Developer is purchasing the old Cub Foods Store and plans to design the building to match the
27 proposed architecture.
28 • Construction of the Public Works building is underway.
29 • Autumn Woods has been delayed to May 15th and will begin with spring construction.
30
31 X. ANNOUNCEMENTS.
32
33 Commissioner Tillman welcomed the new Commissioners and congratulated Chair Stromgren and Vice
34 Chair Hanson stating that she is looking forward to working with them in the coming year.
35
36 Commissioner Jensen stated that it is a privilege to be a Resident of St. Anthony and have the
37 opportunity to serve the citizens in this capacity and have a voice in the City planning process. He stated
38 that he looks forward to working with everyone.
39
40 Vice Chair Hanson welcomed the new Commissioners and congratulated Chair Stromgren.
41
42 Commissioner Gray congratulated Chair Stromgren and Vice Chair Hanson stating that he is looking
43 forward to working with the Commission members.
44
Planning Commission Meeting Minutes
January 20, 2004
Page 7
1 Commissioner Young thanked the Commissioners for their welcome and well wishes adding that she is
2 looking forward to working with everyone in the coming year.
3
4 Commissioner Hoska welcomed the new Commissioners and congratulated Chair Stromgren and Vice
5 Chair Hanson. He offered his assistance and support in the coming year.
6
7 City Manager Momson suggested that the Commissioners view the presentation to the Council and
8 provide their minutes for review prior to the Council meeting. He stated that they could call with any
9 questions or requests for research needs.
10
11 XII. ADJOURNMENT
12
13 Motion by Vice Chair Hanson, second by Commissioner Hoska, to adjourn the meeting at 7:58 p.m.
14
15 Motion carried unanimously.
16
17 Respectfully submitted,
18
19
20 Bonnie Sullivan
21 Timesaver Off Site Secretarial, Inc.
ADDRESSING THE PLANNING COMMISSION
Public Hearings.
In keeping with Roberts Rules of Order, the following
procedures apply to Public Hearings:.
• Mayor/Chair asks for staff report on item and opens item
for discussion.
Citizens wishing to speak, should raise their hands and
approach the podium when recognized by the
Mayor/Chair, then clearly state full name and address for
the record. Spokespersons are given more time for
presentations, and groups are encouraged to use them.
• Everyone who wishes, will have a chance to address the
Council/Commission. Citizens must address all questions
and comments to the Mayor, who will then determine who
will answer them. Questions will be answered when all
persons have had a chance to speak. Only one person
may speak at a time. Citizens are urged to be polite and
quiet as comments are made to the Council/Commission.
Applauding or other displays of approvalor disapproval
are inappropriate during City Council/Planning
Commission proceedings.
• No one will be given an opportunity to speak a second time
until everyone has had an opportunity to speak initially.
Please limit second presentation to new information and
not rebuttals.
• When public comments are completed, the
Council/Planning Commission closes the public hearing
and starts its own discussion. The audience is welcome to
listen quietly to the discussion but is requested not to
make comments.
Original was handwritten, retyped by Cily Clerk.
February 9, 2004
Frank and Dolores Peterson
2601-31 st Avenue NE
St. Anthony, MN 55418
Lot 24 - Block E
onnie View Heights-
Members of the Planning Commission and City Council:
We are applying for a 11 ft. variance off the side of our home. The side of our home faces
30st Ave. NE. and the setback from the street is 30 ft., I understand. Where the house was built
and the shape of the lot they say the front of my house is on Wilson Street. So that leaves the
actual front of my house is on or faces 315`Ave. So they consider that the side, so therefore, we
need a side variance of 11 ft. We are both 70 years young-we would like to have a sunroom
added to our home so we can get out more for health reasons.
My wife has asthma and doesn't get outside because of outside odors, etc. It chokes her
up and affects here breathing. This is something we both can enjoy together. This would be
beneficial to us and enhance the neighborhood.
;T
Date:
Fee: X67 D
R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: phone: 6'/� O �-' �•�v�.
Address: f9 ! CP -• e --. `G� t �i?ii�.• � — !�'
Status of Applicant (Owner, Buyer, Lessee, etc.):
-4�Legal Description of property proposed for variance: o � -
Street Address: a4�d /- / G�
Presently Zoned: '
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.
L. Because of the particular physical surroundings, shape, or topographical conditions of
the parcel or lot, the proposed variancewould relieve an-undue''hardship as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced. L/ T
.1424�
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. , 0
e
3. The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any Rersons presently having an interest in the parcel of land.
Signature of Applicant.
02-09-04 *60 o0008
City of St. Anthony Village
Response for Petition for Variance
In reply to Question.1 - Because we're on corner lot and pay taxes on both streets, should have
side lot with 10' setback.
In reply to Question II - This would correct definition of property. Which is side of the house is
to be considered and enforced as a side set back, which this project is in complete compliance of
the City ordinance.
In reply to Question III - Yes, it has. The City does consider the side of the house which
purposed project is being built on. Is truly the side of the house due to the set back of 30'on the
Wilson Street or house, which is true front set back requirements.
A '
IlView Elite Al.uminum Sunrooms
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>" •A dual-point door locking system
XZ
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31.
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."" •A secondary night latch allows doors
c
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1315 Larpenteur Ave W.
Roseville, Mn 55113
St. Anthony Village
Planning Commission
3301 Silver Lake Rd
St Anthony, Mn 5 5418
February 17, 2004
Dear Planning Commission,
We are applying for a Conditional Use Permit on Lot 8, Block 7, Mounds View Acres
Second Addition, for the purpose of moving our Tires Plus Apache location. On January
2&, 2004 the City of St Anthony.and Mike Mornson officially notified us that we would
have to relocate our business because of the Northwest Quadrant Redevelopment.
We have been offering the community automotive repair for over twenty years at the
Apache location. Through these years we have gained a loyal customer base and
developed great friendships in the community. Many of our guests rely on us not only for
repairing their vehicles but also keeping the records of their maintenance. Many have
voiced their concern with us as to our situation and are worried that we will no longer be
able to provide them the services they need for their cars.
In 1996 we renewed our lease with the City on the property, despite the mall's
deterioration, because we felt a loyalty to our customers and the community. A few years
ago, we invested over $60,000 in the interior of our showroom to help freshen the look of
the store. Throughout the years we have maintained a clean environment, making sure
vehicles are picked up on a timely basis, and disposing of our product properly.
The redevelopment that we were originally shown included us in what was termed
" Automotive Row". We were excited to see the changes and glad to be part of the
project. Last fall,-we learned that there would be no"Automotive Row" and that we were
not part of the plans for the redevelopment. Being proactive, we secured the two lots
across the street from our current location in hopes of building a new store and
continuing our relationship with the community. We are here today to apply for a
Conditional Use Permit for Lot 8 (lot south of TCF Bank). We hope that you will grant us
this permit so we can continue our positive relationship with St. Anthony.
Sincerely,
Dennis Knapp
General Manager Tires Plus Apache
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Date: Fee: '$130.00
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CITY OF ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant: TRES tPt,eS �A�-he Phone: 1519 3
Address: 3900 ��4e - ZA , sr A"ilftwjy
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Status of applicant (owner, buyer, renter, agent, etc.): 000%eA..
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Street address and/or legal description of property in question:
L.o+ a , . 3�o�K. 7 , lu OA#Jt,sgt&j QL& S&cwv 40v#0dPJ,RA#4s4eY
Zoning district in which property is located: &*y%eauaL. blfriLAe3—
Conditional use proposed: o .6% A ALCM; dV nee, 1ZEPMt- j:WsineSS
PLA-7.4
Minnesota Statutes 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.
2) The proposed conditional use 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.
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.
se 7 I/
Signature of applicant: � � 'L
Attachment for Application for Conditional Use Permit
1. According to Section 1635.03 Permitted Conditional Use, Item (d) Auto repair
which includes no storage of autos for parts.
2. We believe the only items in question would be the storage of waste oil and waste
tires. The waste oil is stored above ground inside the building in an approved
waste oil container and removed weekly from our location. The tires are stored in
our enclosed garage complete with roof and door, and they are also removed
weekly.
3. See attached letter.
FEB-09-2004 MON 12,41 PM E G FUD & SONS ING FAX N0, 7637866007 P. 01
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Date: February 9, 2004
Fee: $150.00
CITY OF ST. ANTHONY
APPLICATION FOR SUBDIVISION/APPROVAL
Applicant: TCF National Bank Phone: 612-661-6937
Address: 801 Marquette Avenue South Minneapolis MN 55402
Status of Applicant: (Owner, Buyer, Renter, Agent, etc.): Owner
Present Legal Description of Property to be Affected: Lots 8, 9 and 10, except the last 60 feet.
thereof, in Block 7 Mounds View Acres Second Addition
Proposed Legal Description of Property to be Affected: See attached
Street Address: 3899 Silver Lake Road St. Anthony. Minnesota
Zoning District in Which Property if Located:
Specify Any Necessary Easements: None
Area of the Subdivision: Parcel 1-52 264 sq. ft.-, Parcel 2: 35,690 sq. ft. (87,954 total)
Number of Parcels: 2
Attach a copy of the proposed plat showing the proposed name of the plat, the location within the
City, the names of the present owners, the scale, the date of preparation, the northpoint,
surrounding property, all public utilities and easements and other such necessary information or
documentation as is requested by the City Manager or the subdivision/platting ordinance.
02 -10 -04 * 1 50 ° 00 CK
City Council Regular Meeting Minutes
January 27, 2004
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 JANUARY 27, 2004
6
7 CALL TO ORDER.
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL:
14 Present: Mayor Hodson; Councilmembers Horst, Stille, Thuesen,and Faust.
15 Absent: None.
16 Also Present: City Manager Mike Momson and City Attorney Jerry Gilligan.
17
18 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF JANUARY 27, 2004,CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Thuesen, seconded by Councilmember Faust, to approve the City
23 Council Meeting Agenda of January 27, 2004.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 A. Commendation for firefighters.
29 Mayor Hodson stated the City was proud to recognize two firefighters who had gone beyond the
30 call of duty. He asked Fire Chief Hewitt to come forward to award commendations to the
31 firefighters.
32
33 Chief Hewitt stated he was proud to recognize Captain Chris Fuller and Firefighter Alex Bogie.
34 He explained the Fire Department was dispatched to a vehicle accident on Silver Lake Road on
35 Saturday,August 30, 2003, at 11:00 a.m. He indicated Captain Fuller and Mr. Bogie responded
36 and found the vehicle had not only crashed but was sinking in a holding pond. He noted there
37 was one occupant in the car who was unable to escape the vehicle,which began to sink as the
38 rescue began. He stated Captain Fuller dove under the water,broke the car's window and,with
39 the help of Mr. Bogie, rescued the person trapped in the car. He added a human being's life was
40 saved because Captain Fuller and Mr. Bogie acted without selfishness or thought to their
41 personal safety. He asked those in attendance to join him in commending Captain Fuller and
42 Mr. Bogie, as he awarded Captain Fuller the St. Anthony Fire Department Meritorious Gold
43 Award and Mr. Bogie the St. Anthony Fire Department Meritorious Silver Award.
44
45 Mayor Hodson stated this was exactly what he meant when he talked about the great teamwork
46 within-the City. He indicated one of the reasons the City.was an incredible place to live wM
City Council Regular Meeting Minutes
January 27,2004
Page 2
1 because of its committed staff, noting he was proud of the Fire Department, Police Department,
2 Public Works Department and administration.
3
4 III. COMMUNITY FORUM.
5 Mayor Hodson invited residents to come forward at this time to address Council regarding items
6 that were not on the regular agenda.
7
8 Tom Nelson, 2840 Silver Lake Road, stated he brought questions that had not been addressed to
9 Council. He indicated his first question was if the architect had released the final plans for the
10 fire station and if the plans were, for the most part, complete. City Manager Momson responded
11 the plans were approximately 99%complete and were currently being reviewed by Kraus
12 Anderson for cost estimates. He added bid opening was scheduled for the week of February 24,
13 2004.
14
15 Mr.Nelson asked if the revised plan would be submitted to the Planning Commission for final
16 review before the bid opening. Mr. Mornson replied they would not be submitted.
17
18 Mr.Nelson asked if the revised plan should be proposed to the Planning Commission and public
19 hearings should be held, as the plans had changed and residents should know how the revised
20 plan looked and how the new plan would impact the community.
21
22 Mayor Hodson stated he appreciated Mr. Nelson's interest and concern and asked if Mr. Nelson
23 had attended the December 8, 2003, Council meeting. He noted Oertel Architects and Kraus
24 Anderson had brought forward the revised plan at that meeting. He indicated photographs
25 regarding the appearance of the building were presented at that time and added staff would be
26 happy to review the plans with Mr. Nelson.
27
28 Mr. Nelson asked if he understood the Planning Commission would not see the revised plan.
29 Mayor Hodson responded that was correct.
30
31 Mr.Nelson stated he brought a request signed by 17 members of the community, asking that the
32 revised plan of the new fire station be forwarded to the Planning Commission for review and that
33 the Planning Commission hold public hearings to examine the plan. He gave the signed request
34 to Mayor Hodson.
35
36 Jim Cobourn, 3429 Coolidge Street NE, stated he and his wife Elaine had lived in St. Anthony
37 Village for 35+years. He listed City activities in which he had been and was involved and .
38 indicated he tried to do what"little I could do."
39
40 Mr. Cobourn indicated he and his wife attended part of the Council retreat session the previous
41 Friday and were impressed with"what went on there,"as more work was accomplished than
42 residents understood.
43
44 Mr. Cobourn noted he was informed by a friend that a company called"Liberty something"
45 wanted to "take over Apache Plaza"two or three years ago. Mr. Mornson noted one of the
46 tenants-was-Liberty Pr-mtmg.-
City Council Regular Meeting Minutes
January 27, 2004
Page 3
1
2 Mr. Coboum continued his friend claimed an offer was made to take over the Apache Plaza
3 building as it stood with the intent to"fix it up." He indicated it was said the offer was given to
.4 the Planning Commission, which voted 7 to 0 to accept the offer. He asked if his information
5 was correct.
6
7 Councilmember Thuesen stated he believed Mr. Cobourn was referring to a proposal from
8 another individual to redevelop the Apache Plaza area and it was noted late in the proposal that
9 Liberty Printing/Checks would be a tenant. He indicated he believed Mr. Coboum was correct
10 that the entire proposal, which was more involved than time allowed to explain, went before the
11 Planning Commission. He added three of the five current Council members did vote on that
12 proposal.
13
14 Mr. Coboum asked regarding the vote of the Planning Commission. Councilmember Thuesen
15 responded the Planning Commission was advisory only. He added sometimes elected officials
16 do take the advice of a Commission and, at times,they might look at issues differently.
17
18 Mr. Cobourn stated an appeal had been made for residents to become involved. He noted the
19 members of the Planning Commission were very conscientious regarding their responsibilities;
20 However, it appeared they were ignored. Councilmember Thuesen responded that was not true,
21 as disagreeing with the Commission's decision was not ignoring the Commission.
22
23 IV. CONSENT AGENDA.
24 A. -Approve Januaa 6 2004 regular Council meeting minutes.
25 B. Consider licenses and permits.
26 C. Consider Dayment of claims.
27 D. Ordinance 2004-001,re: Amend building code section of ordinance and building fee
28 charges (2nd reading).
29
30 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve the Consent
31 Agenda items.
32 Motion carried unanimously.
33
34.
35 V. PUBLIC HEARINGS.
36 A. Vacation of street ri t of way easement (39`h Avenue NE) including consideration to
37 gpnrove Resolution 04-017.
38 City Attorney Jerry Gilligan noted Council would be holding a public hearing on the vacation of
39 a portion of 39th Avenue NE, as dedicated in the plat of Apache Plaza. He explained the right of
40 way for 39th Avenue NE in the development area would be relocated slightly and rededicated in
41 the plat of Silver Lake Village in connection with the commercial development occurring during
42 the redevelopment of Apache Plaza.
43
44 Mr. Gilligan stated he prepared a resolution vacating a portion of 39th Avenue NE to be relocated
45 and recommended Council adopt Resolution 04-017 with the condition that it should not be filed
City Council Regular Meeting Minutes
January 27,2004
Page 4
1 with Ramsey County until 39`�Avenue NE was rededicated in the plat of Silver Lake Village.
2 He requested the condition should be made in the motion to approve the resolution.
3
4 Mayor Hodson opened the public hearing at 7:20 p.m.
5
6 No one came forward for the public hearing.
7
8 Councilmember Horst noted this was a housekeeping matter, adding similar items would come
9 before Council to enable completion of 39h Avenue.
10
11 Councilmember Stille asked if the stated condition was to be part of the motion. Mr. Gilligan
12 responded he recommended the condition be made part of the motion.
13
14 Councilmember Faust stated he wished to clarify that 39`h Avenue currently did not go between
15 Silver Lake Road and Stinson. He explained the portion that needed to be realigned to help the
16 Silver Lake Village redevelopment was being vacated. He added there would be a road that
17 went"all the way through",which would eventually be dedicated.
18
19 Mayor Hodson closed the public hearing at 7:22 p.m.
20
21 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Resolution 04-
22 017 vacating street right-of-way easement described as that part of 39 h Avenue NE, as dedicated
23 in the.plat of Apache Plaza, lying easterly of the southerly extension of the west line of Lot 7,
24 Block 1, Silver Lake Center, according to the recorded plat thereof.
25
26 Discussion:
27
28 Friendly amendment by Councilmember Stille to add the following stated condition: Resolution
29 04-017 should not be filed with Ramsey County until 39`b Avenue NE was rededicated in the plat
30 of Silver Lake Village.
31
32 Motion carried unanimously.
3�
34 VI. REPORTS FROM COMMISSIONS AND STAFF.
33 A. Planning Commission—January 20. 2004. .
36 1. Resolution 04-019,re: Request for a conditional use permit and variance for Ali's
37 Mini Mart, 3259 Stinson Boulevard.
38 It was noted a request for a variance and a conditional use permit to allow additional fuel pumps
39 at Ali's Mini Mart, 3259 Stinson Boulevard,was considered at a public hearing held before the
40 Planning Commission on January 20, 2004. It was stated the Planning Commission
41 recommended Council deny said variance request, as the property could be put to reasonable use
42 and the circumstances regarding the variance were not unique to the property. It was also
43 recommended Council deny said conditional use permit, as the size of the lot was deemed
44 insufficient to warrant this size of expansion and the addition would become a safety issue for
45 persons residing or working in the vicinity due to the increased traffic that would be created with
46 additional-fuel-pumps.
City Council Regular Meeting Minutes
January 27, 2004
Page 5
1
2 Motion by Councilmember Horst, seconded by Councilmember Faust, to adopt Resolution 04-
3 019 to deny a variance and conditional use permit for 3259 Stinson Boulevard.
4
5 Discussion:
6
7 Councilmember Faust explained Council needed to take this formal action, even though the
8 individual asked his requests be withdrawn after they were denied by the Planning Commission.
9
10 Motion carried unanimously.
11
12 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
13 A. Resolution 04-018 re: Hennepin County Mutual Aid Agreement for fire services.
14 Fire Chief Hewitt noted the fire service had developed a Mutual Aid Reciprocal Agreement
15 contract to provide resources of time on a no-fee basis; Hodsonver,many contracts were now
16 including the ability to charge after 8 to 12 hours of service because it was discovered FEMA
17 reimbursement was available for services rendered during a disaster.
18
19 Chief Hewitt explained the City's Fire department currently participated in two contract
20 associations: the Capital City,which allowed the City to request assistance from Ramsey
21 County area departments, and the North Suburban,which allowed the City to request assistance
22 from the northwest suburbs. He added the City also participated in the statewide system, which
23 was a resource that provided assistance of any type from any participating department in the
24 system.
25
26 Chief Hewitt indicated the City currently did not have a formalized agreement to call assistance
27 from across the width and breadth of Hennepin County,which was true.of all departments in
28- Hennepin County. He provided copies of a contract written by the Hennepin County Fire Chiefs
29 Association,which allowed County fire departments to request assistance from any fire
30 department located in Hennepin County.
31
32 Chief Hewitt stated he requested Council approve Resolution 04-018 authorizing the City
33 Manager to enter into a Mutual Aid Agreement on behalf of the St. Anthony Fire Department
34 with the Hennepin County Fire Chiefs Association.
35
36 Councilmember Horst asked if this was a housekeeping item. Chief Hewitt responded it was an
37 extension of agreements that were already in place, as this Agreement would give the City
38 access to resources the width and breadth of the Metro area.
39
40 Councilmember Thuesen asked if this proposal was consistent with what had been presented in
41 the past. Chief Hewitt responded this Agreement was similar to both of the contracts with which
42 the City was already involved.
43
44 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution
45 04-018 approving the Agreement with the Hennepin County Chiefs Association for joint and
46 cooperative-use-of fire-personnzl and equipment...
City Council Regular Meeting Minutes
January 27, 2004
Page 6
1 Discussion:
2
3 Councilmember Faust explained the cities could not afford to have the equipment and personnel
4 needed for a large emergency situation, especially since 9/11. He explained mutual aid
5 agreements were a way for the City to maximize its coverage for such incidents. He added it
6 was a"bigger bang for your buck."
7
8 Motion carried unanimously.
9
10 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
11 City Manager Mornson reported the following:
12 ° A progress report had been received on the Apache Project Redevelopment indicating
13 things were moving quickly and smoothly. He noted the Apache Plaza site was closed by
14 the developer and the Development Agreement was signed by the City on December 19.
15 He stated 39'Avenue would be the first project to take a lot of the City's attention. He
16 added staff would be presenting a feasibility report at the February 10,2004, Council
17 meeting and recommending approval of the report and authorization of the plans and
18 specifications for 39'Avenue.
19 Staff was working with Tires Plus regarding the relocation of their existing business. He
20 noted Tires Plus was close to acquiring a site within the area and probably would be
21 coming to the February Planning Commission meeting for a concept review. He added it
22 was likely they would come before the Planning Commission at its March meeting for a
23 public hearing, as a conditional use permit was involved.
24 ° Demolition of the Apache Plaza Center was being considered for the first or second week
25 of April, which would involve a process of approximately five weeks.
26 ° The developer and Chamber had agreed on March 20, 2004, as the date for the
27 "wrecking-ball"party. He noted the developer had hired a promotion company and was
28 working with the Chamber regarding ideas for the function. He added further details
29 would be given later.
30 ° The public works project was approximately 60% complete and on schedule,with the
31 opening planned for the middle of May. He indicated a public dedication should be
32 discussed, along with the possibility of deferring the spring cleanup day typically held in
33 May.
34 °.. Bids on the fire station were going out in February,with Council consideration of the
35 bids scheduled for the March 9, 2004,meeting.
36 ° A June*1, 2004, opening was expected for the Amcon project. He noted the retail portion
37 was moving quickly.
38 ° Staff received construction updates approximately twice a week on the four projects. He
39 noted the schedule was ambitious;Hodsonver,the construction segments were nearing
40 completion.
41 ° The League of Cities Day at the Capitol was scheduled for March 3, 2004. He noted this
42 was a time for the City to lobby respective officials with City concerns and asked that
43 planned attendance be confirmed with him.
44 ° A call from the Bureau of Mediation was received informing him the City would be in
45 mediation with the Police Union this month. He explained a mediator was hired by the
City Council Regular Meeting Minutes
January 27, 2004
Page 7
1 State to resolve any differences and added an update would be given at the March
2 meeting.
3 a The Assistant gave birth to a baby boy and would be back April 12, 2004.
4 G The City Clerk's last day is May 14, 2004.
5 o Judy Monson,the front office receptionist, would be retiring at the end of the year.
6 Todd Hubmer and Public Works Director Hartman would be receiving an award from the
7 State of Minnesota Council of Engineers Association on Friday for the City's flood
8 mitigation work of the past six years. He explained the City was receiving the Grand
9 Award, which was the highest award given in the State of Minnesota and made the City
10 eligible for national award nominations. He stated it was a"good feather in the cap"for
11 this Council and task force. He added Mr. Hubmer was expected to bring the award to
12 the February 10, 2004,meeting.
13 The future agendas would be fairly hectic; therefore,he asked that Councilmembers
14 advise him of any planned vacations. He noted many housekeeping items would be on
15 the future agendas and several issues regarding Apache Plaza would be coming before
16 Council in the next 90 days, along with the Fannie Mae loan, the asbestos abatement
17 grant and the need for confirmation that the City was included in the Senate bill approved
18 the past Friday, which would help pay for the 39h Avenue improvement.
19
20 Councilmember Horst stated he had no report.
21
22 Councilmember Stille indicated he was a guest at the Kiwanis meeting on January 14, 2004. He
23 noted the following evening he was part of a goal-setting session for the St. Anthony/New
24 Brighton Family Services Collaborative. He explained the Collaborative was a group of people
25 comprised of teachers, School Board members,police,parents, City Council, etc.,who were
26 working together to provide services and programs for young people.
27
28 Councilmember Stille stated he attended the National Homebuilders Association meeting the
29 previous week and participated in a seminar called`Building Community/Creating Value." He
30 explained the seminar reviewed the newest plats and designs,noting the progress that had been
31 made in the last 50 to 60 years. He stated he was reminded of what was happening at Apache
32 Plaza, where the City had the benefit of developers who had gained knowledge through their past
3.3 efforts of"trying things that did and did not work." He added there would be growing pains
34 involved and encouraged residents not to get lost in the small picture. He reminded residents the
35 large picture was about creating value and the building of community.
36.
37 Councilmember Thuesen stated it was good to as part of the Council
have Councilmember Stille ,
38 as Councilmember Stille's expertise would be appreciated as the City moved forward with
39 Apache Plaza.
40
41 Councilmember Thuesen indicated he wished to give his personal congratulations to the two
42 firefighters previously commended.
43
44 Councilmember Faust noted lives sometimes got lost in the discussion and the firefighters had
45 saved someone's life.
.46
City Council Regular Meeting Minutes
January 27, 2004
Page 8
1 Councilmember Faust stated he attended the Mississippi Water Management Board of
2 Commissioners the previous Tuesday, as Council had appointed him to cover that organization.
3 He reported he was elected by the Commissioners from the Cities of Minneapolis, Falcon
4 Heights and Lauderdale to be the Vice Chair. He added the president of the Minneapolis City
5 Council was its Chair. He indicated Council's previous representative, Amy Sparks, did a good
6 job representing the City, as the Board had a good opinion of St. Anthony Village.
7
8 Councilmember Faust indicated the Board had its meeting at the St. Anthony Falls Library
9 located at the University of Minnesota,which included the National Center for Earth Surface
10 Dynamics. He explained the Center brought in thousands of gallons of water from the
11 Mississippi River to show how water flowed and acted. He noted it was a great place for
12 children studying earth science to tour, as water and river flows were modeled to teach about
13 hydraulics. He added he intended to talk with the schools regarding the Center. He noted it
14 could be found on the web at www.safld.=.edu
15
16 Mayor Hodson stated he received information in an e-mail from the Minnesota Transportation
17 Alliance noting the $750,000 for the Northwest Quadrant was"in that package." He added he
18 was pleased to see Congressman Sabo and others were thinking of the City.
19
20 Mayor Hodson noted the legislative session was about to begin and assumed he would see
21 Councilmember Faust and Mr. Mornson there. He invited the other Councilmembers to go down
22 to the Legislature, as well, as it was important the City sHodsond a united front.
23
24 Mayor Hodson indicated the goal-setting session was "incredibly productive" and thanked
25 Council and staff for their participation. He noted there were many action items on the plan,
26 which hopefully would be coming out in paper form in March. He stated he was impressed with
27 this Council and previous Councils and added Ehlers and Associates had helped the City with its
28 goal setting. He thanked those who put in long hours.
29
30 Mr. Moinson noted the Planning Commission met the previous Tuesday and elected Joel
31 Stromgren as the new Chair,with Todd Hanson as the Vice Chair.
32
33 IX. INFORMATION AND ANNOUNCEMENTS.
34 None.
35
36 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
37 None.
38
39 XI. ADJOURNMENT.
40 Mayor Hodson adjourned the meeting at 7:42 p.m.
41
42 Respectfully submitted,
43
44 Marjorie R. Jenkins
45 TimeSaver Off Site Secretarial, Inc.
46
City Council Regular Meeting Minutes
January 27, 2004
Page 9
1
2
3 ayor
4 ATTEST:
$ City Clerk
6