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HomeMy WebLinkAboutPL PACKET 10192004 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102912 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 10192004 • PUBLIC HEARING AND/OR OPEN FORUM PLEASE SIGN BELOW IF YOU WISH TO SPEAK AT A PUBLIC HEARING AND/OR OPEN FORUM ON 01. 19 , Te Addre 7 s,Otovs 3`390 z 114Mr 5 — 77 0.7 s • CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA OCTOBER 19, 2004 7 p.m., Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3.- ROLL CALL 4. APPROVAL OF AGENDA 5. MEETING MINUTES 5.1 Review and Approve Planning Commission Minutes of September 21, 2004 6. COMMUNICATION WITH CITY COUNCIL 6.1 Designate a Planning Commission Member to the October 26, 2004, City Council Meeting 7. PUBLIC HEARINGS 7.1 Roger Stoick, Apple Products, LLC, 2930 Anthony Lane North, subdivide property located at 2917 Anthony Lane North 7.2 Sunset Memorial Park, 2250 St. Anthony Blvd, rezone property from R-1 Single Family Residential to Recreational Open Space (ROS) 8. 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, state their name and address for the City Clerk's record, and limit their remarks to five minutes. 9. INFORMATION AND DISCUSSION 10. ANNOUNCEMENTS 11. ADJOURNMENT Planning Commission Meeting Minutes September 21, 2004 DRAR, Page 1 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 September 21, 2004 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 Chair Stromgren called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Stromgren; Vice Chair Hanson; Commissioners Gray, 17 Hoska, Jensen, Tillman and Young. 18 19 Absent: None. 20 21. Also present: Assistant City Manager Susan Hall. . 22 23 IV. APPROVAL OF AGENDA 24 Motion by Commissioner Gray, second by Commissioner Hoska, to approve the meeting agenda 25 as presented. 26 27 Motion carried unanimously 28 29 V. MEETING MINUTES. 30 5.1 Review and Approval—Planning Commission Minutes of July 20, 2004. 31 32 Chair Stromgren stated that he has the following corrections: 33 34 Page 7, line 6 should read `because the base is `not' the same width', the word `not' is missing. 35 36 Motion by Vice Chair Hanson, second by Commissioner Young, to approve the meeting minutes 37 of the Planning Commission of July 20, 2004 as amended. 38 39 Motion carried unanimously 40 41 VI. COMMUNICATION WITH CITY COUNCIL 42 6.1 Designate a Planning Commission member to the September 28, 2004 City Council 43 Meeting. 44 Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 2 1 Chair Stromgren stated that Commissioner Young would attend the City Council meeting on 2 September 28, 2004. 3 4 VII. PUBLIC HEARING. 5 7.1 City of St. Anthony, Floodplain Ordinance. 6 7 Chair Stromgren opened the public hearing at 7:03 p.m. 8 9 Todd Hubmer, City Engineer, explained that the Floodplain Ordinance under consideration is 10 being required by FEMA for continued participation in the National Flood Insurance Program. 11 He explained that the City of St. Anthony currently participates in the program in an unmapped 12 area as the City has no major rivers or streams and are not currently on the existing mapping. He 13 explained that they recently made changes to the Hennepin County mapping and as a result they 14 are requiring them to adopt a Flood Plain Ordinance. He stated that it covers development in a 15 flood plain noting that they do not have any flood plains and would have few instances where it 16 would be used. He explained that it is a requirement to remain within the flood insurance 17 program, which is why it is being presented for consideration and approval. 18 19 Commissioner Tillman clarified her understanding that there are no flood plain areas in the City 20 of St. Anthony. City Engineer Hubmer confirmed that there are no flood plain areas in the City 21 of St. Anthony. She asked if this could change. City Engineer Hubmer stated that it was very 22 unlikely and reviewed with the Commissioner. 23 24 Chair Stromgren stated it is localized issues that are being addressed through the ongoing street 25 repair and construction projects. City.Engineer Hubmer confirmed stating that because St. 26 Anthony Village is in an unmapped area they have the available coverage at half of what a 27 mapped area would be. He stated they do have a couple policies in force and if the ordinance is 28 not adopted the policies would expire and the residents would not be able to renew. 29 30 Commissioner Jensen asked how this ordinance would fit in with the current zoning ordinances. 31 City Engineer Hubmer explained that in his review of the proposed ordinance he did not see any 32 conflicts noting that the ordinance is currently be reviewed by the City Attorney. 33 34 Commissioner Jensen confirmed that currently there are no areas in St. Anthony that are 35 identified as flood plain areas City Engineer Hubmer confirmed. 36 37 Chair Stromgren clarified that most of the language is boilerplate and provided by the County 38 and FEMA. City Engineer Hubmer that they are basically told what to adopt. 39 40 Commissioner Jensen asked if all Cities within Hennepin County have adopted this ordinance 41 and is the wording the same. City Engineer Hubmer stated that the wording for this is slightly 42 different from Cities who do have flood plain areas adding that most Cities have updated the 43 language to the ordinance over the last six months. 44 Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 3 1 Vice Chair Hanson asked if St. Anthony has any Cities bordering them that do have flood plain 2 areas. City Engineer Hubmer stated that Roseville, Minneapolis,New Brighton and Columbia 3 Heights all have areas designated as flood plain areas adjacent to their ponding and lake areas. 4 5 Chair Stromgren closed the public hearing at 7:07 p.m. 6 7 Motion by Commissioner Tillman, seconded by Commissioner Jensen, to recommend approval 8 of the adoption of the Floodplain Ordinance. 9 10 Motion carried unanimously 11 12 Chair Stromgren stated that City Council would consider this request at their September 28, 2004 13 Regular meeting. He suggested that the applicants be present to answer any questions the 14 Council might have. 15 16 VIII. CONCEPT REVIEW 17 8.1 Roger Stoick, Apple Products, LLC, 2930 Anthony Lane North, Subdivision/Plat 18 Request. 19 20 Robert Stoick, Apple Products,provided the Commission with a brief background of the request 21 stating that he is also the President of Triangle Industries. He stated they are the holding 22 . company of the real estate company they work through. He explained that they owned the real 23 estate at 2917 St. Anthony Lane and several years later they purchased 2930 St. Anthony Lane 24 North. He explained that at that time they requested a vacation of the land that was the end of 25 Anthony Lane North that terminated. He explained the City vacated the properties at that time 26 and redrew the boundaries. He stated that they sold 2917 and at that time requested if they could 27 reallocate the vacation to attach some of the property that was given to 2917 from 2930. He 28 stated that the plat layouts are updated to reflect this reallocation. He provided the Commission 29 with an overview of the map. 30 31 Commissioner Jensen clarified the property lines with Mr. Stoick. Mr. Stoick clarified the 32 location of 2917 and the building for the Commission. He explained the vacation division noting 33 that the new proposal gives property back to 2930 and reviewed the lot lines with the 34 Commission. 35 36 Commissioner Jensen clarified that they enter into a cul-de-sac. Mr. Stoick confirmed and 37 reviewed the cul-de-sac and street areas with the Commission. He noted the green space located 38 at the end of the cul-de-sac. 39 40 Ms. Hall clarified that the request is only for the vacated parcel. Mr. Stoick explained that it is a 41 realignment of a vacated property and reviewed with the Commission. 42 43 Chair Stromgren noted that this is the concept review stating that it would then go to City 44 Engineering and the City Attorney for review. Ms. Hall confirmed stating that there would be a 45 public hearing with the Commission next month and then to City Council for review and Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 4 1 approval. She explained that once this is approved they can then submit the final plat and 2 reviewed the process with the Commission. 3 4 Commissioner Tillman asked for clarification on the specific reasons for this request. Mr. Stoick 5 stated that there are two reasons. He explained that the primary reason is that he would like to 6 preserve the green space located at the end of the cul-de-sac and secondly, if they decide to 7 expand they would have the opportunity to go out from the back. He stated that he believes he 8 would fall into the requirements of the City and would have more green space available. 9 10 8.2 Sunset Memorial Park, 2250 St. Anthony Boulevard,Rezoning and Text Amendment 11 Request to build new Funeral Home. 12 13 Matthew Duggan, Mekus Studios, stated that they were asked by Alderwoods Group to research 14 the possibilities of building a funeral home located at Sunset Memorial Park. He provided the 15 Commission with a brief history stating that based on conversations with City Staff it was 16 determined that the current zoning is R1 and does not allow cemeteries. He provided the 17 Commission with an overview of the zoning map stating that they are requesting a rezoning to 18 ROS stating that they want to correct the current zoning of the properties. He stated that they 19 would also request a text amendment to the ROS to allow funeral homes as a permitted use. He 20 explained that a funeral home is actually an extension of the services they currently provide and 21 reviewed the services with the Commission. He stated that what they are trying to do is ensure 22 that the funeral home is a permitted use within the proposed ROS. 23 24 Mr. Duggan provided the Commission with an overview of the proposed site plan with the 25 Commission. He noted that the current building is not acceptable or energy efficient adding that 26 it does not work sizewize for some of the expanding functions that are being proposed. He stated 27 that they are combining the offices in addition to funeral facilities. He stated that the parking for 28 the cemetery administration and visitors area would be at the entrance of the cemetery and 29 reviewed with the Commission. He stated that they would create 50 permanent parking spots 30 and would also provide an overflow parking area that would allow an additional 50 vehicles. He 31 stated that the area is quite developed noting that the most logical area for parking would be 32 along the main boulevard and reviewed the access points with the Commission. 33 34 Mr. Duggan provided the Commission with an overview of the floor plan layout and exterior of 35 the proposed building. He stated that they are considering a cast limestone product for the 36 exterior of the building and would tie in with the existing buildings. Mr. Duggan reviewed the 37 implementation schedule with the Commission. 38 39 Commissioner Jensen acknowledged that R1 zoning does sound unusual and asked what the 40 process is that they would go through to rezone from an R1 to ROS. Chair Stromgren explained 41 that the schedule is included in the packet and outlined by Staff. Ms. Hall explained that they 42 have submitted the forms and reviewed the process with the Commission. She stated that a 43 public hearing would be held next month and then to Council for review and approval. 44 45 Commissioner Young stated that she has questions regarding the terminology of building types Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 5 1 being used. She noted that if they rezone to an ROS district and then the addition of funeral 2 homes is a concern. She asked if there is a crematorium on the site. Mr. Stoick stated that 3 currently they do not have a crematorium on the site. She stated that it should be made clear 4 what the building types mean. She noted that in the presentation they mentioned several building 5 types and asked that they clearly define the building types. Mr. Stoick stated that they would be 6 happy to assist the City in defining the building types noting that the wording is ultimately the 7 City's responsibility. He reviewed the variety of functions provided by the funeral home with the 8 Commission. He stated they want to be sure that the City understands what they term as a 9 funeral home. 10 11 Chair Stromgren asked if preparation is the only function now located offsite. Mr. Stoick 12 confirmed that currently that is the only offsite function. Chair Stromgren asked if the chapel is 13 actively used for services or visitation. He also asked for clarification of the size. Mr. Stoick 14 clarified the size, layout and intended function for the funeral home areas. 15 16 Chair Stromgren referenced the text amendment that would allow funeral homes as a conditional 17 use in the ROS noting that currently crypts and mausoleums are already included as allowed 18 accessory structures. He asked if any of the Commissioners have any issues with making this an 19 approved conditional use. 20 21 Commissioner Tillman stated that it appears that this would be a more active spot adding that 22 conditional use might be a good way to go noting the unique situations. 23 24 Chair Stromgren agreed with Commissioner Young's concern regarding the wording and text 25 change allowing the conditional use is important and suggested that they give it some thought 26 before coming back to the Commission. 27 28 Chair Stromgren reviewed items within the conditional use including proximity to residential 29 areas and structures,nature of function of adjacent uses in zoning. He stated that he was very 30 surprised to see the proposal to demolish the existing gatehouse/administration building adding 31 that the question of whether or not a conditional use of one of the factors considered listed in the 32 amendment is the preservation of historical or cultural elements should be a part of the verbiage. 33 He stated that the City currently has six to ten historic buildings left adding that this would wipe 34 out 10-20%of the historic buildings in the area in addition to it being a loss of a local icon along 35 the parkway. 36 37 Mr. Stoick asked if the building is registered with the City as a historical building. Chair 38 Stromgren stated that it is not registered with the City as a historical building. He further 39 explained that the City does not have any registered building. He stated that the Commissioners 40 should keep this under consideration noting that this is not a small concern. He asked if there 41 were any other investigations as to how it could be used. 42 43 Mr. Stoick assured the Commission that they do not want to see it go if it serves its function. He 44 stated that they did review other areas of the cemetery and reviewed with the Commission. He 45 stated that the existing building does not provide accessibility and is no longer efficient. He Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 6 1 stated that the owners have invested a lot of time and money into restoring the Bell Tower as they 2 also agree that these treasures should be kept and maintained. He stated that the Administration 3 Building would be difficult to add on to noting that they did try to replicate some of the character 4 from the building. 5 6 Commissioner Young agreed that this is a tricky issue when dealing with preservation when 7 trying to make a decision between a function and historic use. She noted the concern of the 8 building noting that the cast stone is monetary issue adding that this building presents the 9 presence of the complex and reviewed the area with the Commission. She noted the detailing 10 that has been included stating that it does speak nicely about what the buildings are trying to say. 11 She expressed concerns with respect to the materials they are proposing and the possible historic 12 issue with respect to the planning of the boulevard. She stated that losing the center grass 13 component could cause some concern. She acknowledged their research on the historic 14 significance of the area adding that this is an item, as a Commission,that they need to follow up 15 on. She stated that both the building and the landscaping should be considered. 16 17 Commissioner Young asked for clarification on the height of the building. Mr. Stoick stated that 18 the building is 31.6 feet in height noting that they did stay within the requirements of the ROS. 19 20 Chair Stromgren noted that the Commission does understand that they have unique elements to 21 deal with. He stated that he would not be that difficult to make the building more efficient and . 22 workable for other uses. He stated that they would like more proof that demolition of the 23 building is necessary. 24 25 Commissioner Young referenced the east side elevation and referenced the signs. Mr. Stoick 26 clarified stating that it is designed to be a fence or screen wall and reviewed with the 27 Commission. 28 29 IX. PUBLIC INPUT 30 31 NONE 32 33 X. INFORMATION AND DISCUSSION. 34 35 10.1 Silver Lake Village Development Update—Perry Thorvig DSU 36 37 Perry Thorvig provided the Commission with an update on the developments in and adjacent to 38 the Silver Lake Village PUD project. He stated that there is considerable activity in the area 39 noting that they laid the first lift of asphalt, the liquor store will be opening soon, other buildings 40 and Wal-Mart are well into construction. He stated that it appears that some of the stores along 41 39th that will be open in November. He stated that they are not ready to name the tenants noting 42 that it is 95% full. He stated that he would like to update the Commission on the Equinox 43 Apartments, Wendy's and Applebee's. 44 Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 7 1 Mr. Thorvig referenced the Equinox Apartments noting that the project is undergoing an 2 extensive interior renovation. He stated that the owners are planning to demolish and rebuild the 3 garages on the site and relocate site access to open the views to the main building entrances from 4 the Cub parking lot and the park. He reviewed the garage area and views with the Planning 5 Commission stating that the project architects have proposed several openings in the garage 6 facades, a redesign of the roofs and adding brick to the exterior walls that face Cub and the park. 7 He explained that because the development is within the PUD zoning district it requires review 8 by the City's Design Review Committee.noting that the Redesign Committee has provided 9 feedback to the architects. He stated that their suggestions have been incorporated and have 10 submitted plans for approval. He stated that the Committee approved the plans and the 11 rebuilding of the garages would begin this fall. 12 13 Mr. Thorvig stated that an Applebee's restaurant would be located behind the video store on a 14 site created on the drained pond on the east side of the Cub parking lot. He indicated that this 15 project is not on as fast a track as the Wendy's project and reviewed with the Commission. He 16 provided the Commission with a brief overview of the proposal stating that the final plans have 17 not been submitted to the Development Review Committee for approval at this time. 18 19 Mr. Thorvig stated that the Wendy's representatives have had discussions with the Development 20 Review Committee concerning their site plan,building elevations, exterior materials and 21 building appearance. He reviewed the building materials and appearance with the Commission 22 noting that the freestanding sign would be no taller than the City's 8-foot limit. He stated that the 23 Development Review Committee is currently reviewing the proposal adding that the materials 24 are pretty consistent with the guidelines. He reviewed the parking areas with the Commission to 25 make the central parking more efficient in its use. He stated that they do not have anything new 26 to add regarding the First Bank site. 27 28 Chair Stromgren asked for an update on the medical office building on the northwest corner. Mr. 29 Thorvig stated that they met with their group a couple months ago noting that they wanted to 30 convert the medical office building to condominiums. He stated that in theory the proposal 31 sounds good but in reality it might not be a good idea and reviewed with the Commission. He 32 noted that the upper floors would be residential, lower would be office space with an additional 33 building for parking. He stated that they have not heard anything further from the group. 34 35 Commissioner Young asked if the Development Review Committee is different from the Design 36 Review Committee. Mr. Stoick clarified that they are the same group adding that sometimes 37 there is misuse in the terms and reviewed with the Commission. He stated that they are called 38 the Development Review Committee. 39 40 10.2 Discussion on Ordinance Amendment to Allow for Native Prairie Plantings—Tony 41 Jordan, 2813 Silver Lake Road 42 43 Ms. Hall stated that Tony Jordan has approached City Staff about amending City Ordinance 44 Section 810 to include language about native prairie plantings being allowed. 45 Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 8 1 Tony Jordan stated that he has owned the property for approximately ten years. He stated that he 2 has always thought it would be nice to have a natural prairie next to the adjacent park. He stated 3 that over the years they have saved money and made it happen last year. He stated that he was 4 not aware of an ordinance regarding this type of planting noting that he recently received 5 notification that he is not in compliance with City Ordinance. He stated that he also found out 6 that he could not get a variance to the ordinance noting that it has to be amended. He stated that 7 he would like to be the catalyst to make that happen. He indicated that within the City there are 8 smaller projects similar to his that would also be included in this process. He stated that their 9 intent is to have a natural prairie. 10 11 Chair Stromgren asked Mr. Jordan to clarify his understanding of a natural prairie. 12 13 Mr. Jordan explained that it would include plants and grasses noting that there would be a list of 14 noxious plants that would not be included and if observed in the yard,would be removed. He 15 stated that a representative from Prairie Restorations,who did the actual installation, is with him 16 tonight to answer any questions the Commission might have regarding the plantings. 17 18 Ron Bowen, Prairie Restorations, stated that his company has been in business for thirty years. 19 He stated that he has become more involved in City ordinance issues noting that some Cities 20 have taken a more aggressive approach noting that what Mr. Jordan has a small space in the 21 backyard that is a perennial garden with native plants. He noted that the weed ordinances that are 22 coming along are allowing for native plants and encouraging native plants. He stated that this 23 saves water and infrastructure for the City in addition to providing a haven for native songbirds 24 in the area. He stated that it is an individual issue and acknowledged the City Ordinances and 25 their purposes. He stated that they do not have the same issues that were a concern at the time 26 that the ordinances were developed. He reviewed the benefits of the native landscaping with the 27 Commission. He offered to work with the City to develop new language for the ordinance that 28 would incorporate native landscaping standards for the ordinance. He stated that he does not 29 think native landscaping is going away noting that it is not a trend. 30 31 Commissioner Jensen asked for clarification of the area. Mr. Jordan stated that currently it 32 would remain in its' present location in the backyard. 33 34 Commissioner Jensen clarified that what he is asking is if they are proposing that the ordinance 35 be changed so that individuals could convert their entire property or just a portion of the 36 property. Mr. Bowen stated that this is a very individual thing. He stated that the property 37 should start with a general balance and reviewed with the Commission. He stated that for some 38 it could be a portion turf grass and a portion non-turf grass noting that the City could review and 39 identify a maximum split to include in the verbiage of the ordinance. He stated that the 40 landscaping is good for the land noting that it is a personal judgment and to a certain extent a 41 property right issue. He noted that the six-inch ordinance is so vague and recommended 42 considering a change. 43 Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 9 1 Commissioner Young asked Mr. Bowen to address public education on prairie landscaping. She 2 stated that the City should be aware of this issue. She asked how she could tell a weed from an 3 acceptable plant and asked if these are the type of plantings that would be seen in a ditch. 4 5 Mr. Bowen explained that there are issues with site.lines and acknowledged the safety issues 6 with respect to height. He stated that there is a list of state noxious plants that cannot be included 7 in plantings. He stated that the lists are available for review from both the County and State. He 8 stated that determining what is and is not right is reviewed at a subjective level and provided the 9 Commission with several examples for comparison. 10 11 Mr. Jordan asked how he would control his plantings from getting out of place and is that an 12 issue with the neighbors. Mr. Bowen stated that it is not an issue noting that their plants could 13 come into his prairie and his into their turf. He noted that prairie plantings couldn't survive in 14 turn noting that turf could invade the prairie plantings and becomes a weed. He stated that he 15 reviewed Mr. Jordan's area noting that it actually is not a very good site for prairie plantings. He 16 reviewed the location with the Commission noting that it is a shady,woodland site. He stated it 17 had a great bloom of wild flowers through the summer noting that it is a mix of woods and 18 prairie,which is similar to what the area of St. Anthony was prior to settlement. He stated that 19 they try to match the native materials to the site noting that if it is a good match they prosper and 20 do save a lot of water. He reviewed maintenance with the Commission stating that controlled 21 burns are being done all the time now in municipalities and explained that they are done safely 22 and in compliance with all permits. He stated that this has been a thirty-year evolution adding 23 that the best example for education is if the City included a garden planting within the parks. He 24 stated that it is an important alliance for the City to evaluate and determine the good points. He 25 stated that the current weed ordinance does discourage native plantings adding that in his opinion 26 it is to the disadvantage for the City. 27 28 Commissioner Jensen stated that he sees this meeting as one of the first steps towards achieving a 29 potential change. He noted that the Commission alone could not make this big of a zoning 30 ordinance change adding that a referendum with the City is required that would include all 31 affected parties. He stated that many could see this as a potential to allow someone to have a 32 weed patch versus a prairie planting. He stated that this process could take time. 33 34 Mr. Jordan expressed his appreciation for Mr. Bowen's offer to be involved in the process. He 35 stated that Mr. Bowen has also worked with other municipalities with respect to ordinance 36 changes. He stated that he would be comfortable, as a property owner in St. Anthony,having the 37 Commission make a proposed ordinance change rather than putting it out to everyone in the City. 38 He stated that he trusts his elected representatives. Chair Stromgren clarified that this 39 Commission is appointed not elected. 40 41 Commissioner Tillman noted that her neighbor has a very extensive garden in the backyard 42 noting that when they talk about the split she is not clear how they would define the split. Mr. 43 Bowen agreed noting that this is a problem with the vagueness of the ordinance. He stated that 44 technically it is easy to determine what is a weed and what is not with a great degree of accuracy 45 and reviewed with the Commission. Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 10 1 2 Chair Stromgren noted two issues, one do you change the ordinance.and then how does it change. 3 He stated that if they do go this way there are technical constraints that would be applied with 4 respect to boundary and borders. Mr. Bowen stated that the older weed ordinances have been 5 challenged in court and they usually end up having to be re-written. He stated that they could 6 research other examples and provide the results for the Commission to review. 7 8 Chair Stromgren asked Ms. Hall to touch base with her counterparts to inquire about their 9 processes and what they use for standards and provide to the Commission for their review. Mr. 10 Bowen stated he had information he would also provide for their review. 11 12 M. ANNOUNCEMENTS 13 14 Ms. Hall provided the Commission with the following updates: 15 16 0 Groundbreaking Ceremony this Thursday afternoon, September 23, 2004, for the Hunt/Pratt 17 Condominium Project. 18 • Wendy's is looking to start construction on October 1"and anticipates completion by the end 19 of this year. 20 • Applebee's will probably start construction in late October and be complete next spring. 21 • 39th Avenue is completed on the first half and will be opening the road shortly. 22 • The liquor store anticipates opening early next week. The Grand Opening celebration for the 23 new store is set for October 14th from 4:00 p.m. to 8:00 p.m. 24 • Taco Bell has been taken down and the liquor store building will come down within the next 25 week. 26 • The Apache Plaza sign will be removed this Thursday. She stated that at the backside of the 27 development is now building and the stilt buildings have been demolished. 28 • Len Pratt's group updated the round building and is now a Parade of Homes location. The 29 building is open 12:00 p.m. to 4:00 p.m., Monday through Friday and 12:00 p.m. to 6:00 p.m. 30 on weekends in addition to Parade hours. 31 • The Cub renovation is near completion and reviewed with the Commission.. 32 • Construction on the Fire Station is almost complete. An Open house is scheduled for 33 October 14, 2004 from 4:00 p.m. to 7:00 p.m. with a program at 6:30 p.m. 34 o The Three Rivers Park District is now taking ownership of the Silverwoods, which is the new 35 name for the park. It will be open for public use on October 1, 2004 and will include fall 36 program schedules. 37 * A couple of restaurants are interested in the Stone House Corner and negotiations are 38 underway with the developer. 39 • Two Commission terms will open at the end of this year. She stated that any Commissioners 40 interested in renewing should submit a letter to her and the City Manager no later than 41 October 22, 2004. She stated that they are also accepting applications through October 22, 42 2004. 43 Planning Commission Meeting Minutes "Draft" September 21, 2004 Page 11 1 XII. ADJOURNMENT 2 3 Motion by Commissioner Gray, second by Commissioner Jenson, to adjourn the meeting at 9:00 4 p.m. 5 6 Motion carried unanimously. 7 8 Respectfully submitted, 9 10 11 Bonnie Sullivan 12 TimeSaver Off Site Secretarial, Inc. MEMORANDUM DATE: 10/14/04 MEETING DATE: 10/19/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Apple Products, LLC, Subdivision/Preliminary Plat Requested Action: On October 19, the Planning Commission will hold a public hearing on a subdivision request/preliminary plat for Roger Stoick of Apple Products, LLC, concerning 2917 Anthony Lane North. The Planning Commission's recommendation will be forwarded to the City Council for their October 26 meeting. On September 21, a concept review was held with the applicant. Background: The applicant, Roger Stoick of Apple Products, LLC, is requesting a minor subdivision request and approval of a preliminary plat (please find the survey attached). In essence, the request is to separate Parcel B from Parcel A, per a purchase agreement arrangement when Mr. Stoick sold 2917 Anthony Lane North in March 2004. The request conveys Parcel B to Mr. Stoick, officially. Mr. Stoick is acting on behalf of the property owner. In 2001, Apple Products requested and the City approved a street vacation for Anthony Lane. Attached please find a drawing depicting the vacation. The request is related to a realignment of the vacated property. Mr. Stoick owns 2930 Anthony Lane North and the request would attach the vacated property to 2930 Anthony Lane North. Once the City approves the preliminary plat, the final plat may be submitted. The final plat then goes to the City Council for approval. Attachments: • Application for Subdivision/Plat Approval • Survey • Right of WayNacation Exhibit J Date: fi �Q Fee: $150.00 CITY OF ST. ANTHONY APPLICATION FOR SUBDIVISION/PLAT APPROVAL Applicant: Roger A. Stoick,. Apple Products, LLC Phone: (612) 638-1330 Address: 2930 Anthony Lane North, St. Anthony,- MN 55418 Status of Applicant (Owner, Buyer, Renter, Agent, etc.): Current Tenant and Prior ee OWer Present Legal-Descriptio.n of Property to be Affected: SEE ATTACHED Proposed Legal Description of Property to be Affected: SEE ATTACHED Street Address: 2917 Anthony Lane South, St. Anthony, MN 55418 Zoning District in Which Property is Located: LI (Light Industrial) Specify Any Necessary Easements: None Area of the Plat/Subdivision: SEE ATTACHED Number of Parcels: Two -(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. 08 -19-04 * 150 . 000H Date: August 19, 2004 Fee: $150.00 CITY OF ST. ANTHONY APPLICATION FOR SUBDIVISION/PLAT APPROVAL APPLICANT: Roger A. Stoic Apple Products, LLC, a Minnesota Limited Liability Company PHONE: (612) 638-1330 APPLICANT ADDRESS: 2930 Anthony Lane North, St. Anthony,MN 55418 STATUS OF APPLICANT:Current Tenant and Prior Fee Owner PRESENT LEGAL DESCRIPTION OF PROPERTY TO BE AFFECTED: Lot 3, except that part thereof lying Southwesterly of a line drawn from a point in the Northwesterly line of said Lot 3, distant 126.32 feet Northeasterly from the most Westerly corner of said Lot 3 to the Northeasterly comer of Lot 2, Block 2, St. Anthony Industrial Park, Hennepin County, Minnesota. AND That part of vacated Anthony Lane North as described in Document Number 3380852 accruing to above described property. PID No. 06-029-23-44-0040 PROPOSED LEGAL DESCRIPTION OF PROPERTY TO BE AFFECTED: PARCEL A: Lot 3, except that part thereof lying Southwesterly of a line drawn from a point in the Northwesterly line of said Lot 3, distant 126.32 feet Northeasterly from the most Westerly corner of said Lot 3 to the Northeasterly comer of Lot 2, Block 2, St. Anthony Industrial Park, Hennepin County, Minnesota. AND That part of vacated Anthony Lane North (Document Number 3380852) described as follows: Commencing at the Northeast comer of Lot 3, Block 2, St. Anthony Industrial Park, Hennepin County, Minnesota; thence North 90 degrees 00 minutes 00 seconds West assumed bearing along the North line of said Lot 3, a distance of 47.00 feet; thence Westerly and Southwesterly a distance of 48.47.feet, along the Northwesterly line of said Lot 3 along a tangential curve concave to the southeast having a radius of 55.24 feet and a central angle of 50 degtees 16 minutes 25 seconds; thence South 39 degrees 43 minutes 10 seconds West, along the Northwesterly line of said Lot 3, a distance of 14.80 feet to the point of beginning; thence North 50 degrees 16 minutes 50 seconds West, a distance of 30.00 feet to the centerline of Anthony Lane; thence South 39 degrees 43 minutes 10 seconds West along said centerline, a distance of 71.74 feet; thence South 50 degrees 16 minutes 50 seconds East, a distance of 30.00 feet tot the Northwesterly line of said Lot 3,; thence North 39 degrees 43 minutes 10 Seconds East along Northwesterly line of said Lot 3, a distance of 71.74 feet to the point of beginning. 1 PARCEL B: That part of vacated Anthony Lane North (Document Number 3380852), described as follo9ws: Beginning at the Northeast corner of Lot 3, Block 2, St. Anthony Industrial Park,.Hennepin County, Minnesota; thence North 90 degrees 00 minutes 00 seconds West assumed bearing along the North line of said Lot 3, a distance of 47.00 feet; thence Westerly and Southwesterly a distance of 48.47 feet, along the'Northwesterly line of said Lot 3 along a tangential curve concave to the Southeast having a radius of 55.24 feet and a central angle of 50 degrees 16 minutes 25 seconds; thence South 39 degrees 43 minutes 10 seconds West along the Northwesterly line of said Lot 3, a distance of 14.80 feet; . thence North 50 degrees 16 minutes 50 seconds West, a distance of 30.00 feet to the centerline of Anthony Lane; thence North 39 degrees 43 minutes 10 seconds East along said centerline, a distance of 14.80 feet;thence Easterly and Northeasterly along said centerline a distance of 74.79 feet having a radius of 85.24 feet and a central angle 50 degrees 16 minutes 50 seconds; thence North 90 degrees 00 minutes 00 seconds East along said centerline a distance of 47.00 feet to the Northerly extension of the Easterly line of said Lot 3;thence South 0 degrees 00 minutes 00 seconds East along the easterly line of said Lot 3 a distance of 30.00 feet to the point of beginning. PROPERTY ADDRESS: 2917 Anthony Lane South, St. Anthony, MN 55418 ZONING DISTRICT IN WHICH PROPERTY IS LOCATED: LI(Light Industrial) SPECIFY ANY NECESSARY EASEMENTS: None AREA OF THE PLAT/SUBDIVISION: Total site area=44,155 square feet/ 1.014 acres Parcel A=40,451 square feet/0.929 acres Parcel B =3,704 square feet/0.085 acres NUMBER OF PARCELS: 2 ADDITIONAL INFORMATION: Apple Products, LLC ("Apple")previously owned the entire subject property from December, 1994 through March 25, 2004. In the year 2001, Apple applied for and completed a street vacation action for portions of Anthony Lane North, adjacent not only to the subject property, but also adjacent to property immediately to the North of the subject property which is currently owned by PRanthony Properties, LLC located at 2930 Anthony Lane South, St. Anthony,MN 55418. PRanthony Properties, LLC has the same ownership interests as its sister company, Apple Products, LLC. The vacated portion of Anthony Lane North was utilized and maintained by-both companies until Apple decided to sell the subject property. Apple's desire was to keep ownership of as much of the vacated street portions as possible to_benefit PRanthony's property and to allow any new Buyer access to the subject property. On December 29, 2003,Apple entered into a purchase agreement with The Kunz Oil Company to sell the subject property. At the time of closing, the parties executed an agreement reflecting the desire to reconvey a portion of the subject property to Apple, specifically Parcel B, as 2 described above upon receipt of documentation of the City of St. Anthony granting final approval of the minor subdivision being requested herein. ADDITIONAL REQUEST: At the time of the initial vacation of Anthony Lane North, there was an agreement of record between the City of St. Anthony, Loren E. Swanson and Arlene M. Swanson and C.G. Hill Company dated May 29, 1981, filed August 11, 1981 as Document No. 1435923, attached hereto for your reference and information. This agreement was made in connection with a storm sewer project and the planned cul de sac at the end of Anthony Lane North. Included in this agreement was an agreement between the Swanson and C.G. Hill Company to maintain the boulevard area west of the cul de sac. As the cul de sac and the maintenance area have both been vacated,we additionally request that this agreement be terminated and be of no further force an effect on the affected properties. 3 JI Y y !r y_ .� _ { S 1 s �d L' _y 1 ; T t T \y l) S i h; +., t i\� '``-,k, , J 1 Y�� 1 1 �a -+ a v r �t a-., v�, r r 'r-w t,lr ,Ys y r a '.t Nr t ati' rC $ ! x' 4 s.d.- 4 �+ i L t ss3 '. r" `r .lr x 1 t d •C��}r^ C," a r .J. rr- r s ' _�� gr h v -"'._7 J 't. Y *r v 'S. 'S g2:, -}. 'Ii S-1 'r ,y r t J ..x t i x t S7 s ��.c-' ° '� •i, 7.1+� a i.j f ;�'1# s a!( 1... 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R r4th �- ftihz* a Is,*•r l'c"'3 � .9t d14 _ t�S �, `2i „+� s �I 1 " yn '�� rT Fit•-'ti�.Zfl�)o- y/y �i"1 t �"Tt�'"l k`Yl)�� �..�a fit-}'-fir r. .. ifi l 1 z } ,Y rF .kt 1 :> tom+ [ ! I - r S r : r 2 +. _I r u ° rr ��ti77 fs)'7�1�} �}� � � 1�s1 �1 11�i3�1�e1 i1l� Y�]� a t F c Z i,7 P� fi v . ,y ` 2k y ` , Mr .!, Is , S l r c - .o , a 5. s j f- i'. � t j-k1.'YS fk,t t j'-5r��.e i�''F" -, �'» r c a�- # 4� i�. • I. r } 4 r k l-!'- M� :[Lf r i k, r1.�i+ l t S > - 1 �."n t i f y ,r / r -� _J L J Ire 3l iY N :, . _ _.. b d - P a 63 .t. t -A_ s /.. a s 5.�, it r r k. .e )t ,� il N t r s_. '_ f V t -923 s I area at their expense and comply with the terms of his AS:3emdnt; NOVI. THEREFORE, ..t consideration of the covenants herein, the parties-hereto agree as follows: 1. Upon completion of the-storm sewer project on :—thony Lane North the City agrees to: a. locate tLe cul-de sac on Anthony Lane North substantially i in accordance with the drawing of same as shown on Exhibit "A" attached hereto; b. sod the area east.of the cul de sac in Anthony Lane ��'{::`-•:-.:. `, North as shown on Exhibit "A" .attached hereto. 3L •"i'' ;;c��Y:si:.r:; :••:;� 2. Swansc•:s and Hill, for themselves, their heirs and assigns, and as.covenants running with Parcel 1 and Parcel 2, which �?z binding on all arta,:- having any right, title covenants shall be g P or interest in such property or any part thereof, their heirs, r'•"=`� x successors and assigns: f, :`;�'r•,:� -3•.Z•;:11 a. agree to maintain the newly sodded area of Anthony ��; • - Lane North so long as the City does not use said area fcr street purposes. i b. agree that in the event the newly sodded aiea is Ttx: not maintained in a manner satisfactory to the City, `.,r_c•' Sv��.s�' the City may, but shall not be obligated to, perform :;;:r;i `••:, i i - such maintenance as it reasonably deems necessary and ;.: x assess the cost of such maintenance on an equal basis against Parcel 1 and Parcel 2. ". C. agree that they will not place any structures orW. trees on the portion of Anthony Lane North not being used for street Purposes. y.l:, 3. The parties agree that the action of the City in locating ':: ?`t��'�` A.� W7 R ii the cul de sac in accordance with the drwings on Exhibit "A" and with soddingthe area in the existing right-of-way in accordance Exhibit "A" shall not constitute an abandonment or vacation of w•: 53, { : any portion of Anthony Lane North. ?' `*''' E':.""fir ..,'.t,.` "%� � :�7•`;�'>. :i' ': } YWa�.. r�'V-• ,-5��::i.Fi.;, -i : : ,,-..,':•.;�S;:�r�� oaf.Y�-s: �4PtiM` '',• r,•� L.� _: :. 4(::'[tom N Ir i Y~ .-�.�.`r��, �. Y•y{'_.-ir^i}'`,` '...r,�:r�'k r.r' 4 S,!�,3. •� •%�yf-'�! +:ar a'i 1:.t,lti"w..p..-..n K"y�,.rnfi";:r„rtrn, :'#r;::. �.r...:, ,,tr•as, ..,:�,,:4y.r,::' h .!' _ 0.�yg 2Y :Y��!^ :.�, ,� afrM Yn i .,: ''a 1.3 ] s ) ;_ 7• } _ •s"'SG7 ,f. .L, _ 'e'' a-:._r � m�,i�, M<���rr "�rr�Y'i i _ •r.' 1 � er.;<Wn'•F"aefaLS+y... t.ef','.9`sGf:'":�:�,�..A3'r•,r `+-•,:,• r.r-3ti }.P.at-e,a:.-- � t 923 4. Swansons and Hill acknowledge that notwithstanding anything contained in this Agreement the City.has the right at any time to reopen the sodded area for use as a street. IN WITNESS WHEREOF, the parties have hereunto set 11'.eir hands this `%Y�i day of-June, 1981. CITY OF ST. ANTHONY II _•1^ p^ a By Its k ru , �•hl Its ��'. - r: E •'•`':,�� •�� '�( •.�' Hy— CSL .`„i:'s�'. •iris'--:�'�� r .:`r•�•qM'' ::rs:�::•,'':.2%t1fx.g!g . ,•4;r= C. G. HILL COMPANY . `;;� - Loren E. Swanson Y � r �A y �:;. :: Clayton G. 11, Its President �' "Y"::=�1:�'f~; •�' �,4 r.� 4o. BY S Arlene M. wanson BY 3 v, its >: :, "e: :=�%k`,,.. .• STATE OF MINNESOTA) COUNTY OF HEtINEPIN) I r. 'li i i , :,•�'.a''' The foregoing instrument was acknowledged before me this :� �• �:,> 22K_ day of June,1981 by s• and by �� rt'�� �rl('of the City of St. Anthony :1, >, f cln2 �/ttlme[ y' ;^ .. ;`;fir - a municipal corporation, behalf of the corporation. }+?<k .., on, on F.k. State of Minnesota "�–yic " ?ts'••5=; MMWAM R SOTH .!rr.::r7+ t. ?: '•' •;1i.a :sem.:,y... STATE OF MINNESOTA) SI tlmCxrrumrc-s,xxisul, SS.. CARVER ^t r� :::�:• i COUNTY OF HENNEPIN) FSY(O,NECf.ID t.pnP34,G i� wa i; ',p.; '.41... R ,. .. .: i��r r=�•n'T instrument was acknowledged before we this � The foregoing r, i"'°�` `•; day of May, 1981 by Clayton G. Hill, President and by +•w•: ;}' E s�°r_ o f C. G. Hill Company, a.Minnesota Sta3: �• n'' s. corporation, on behalf of the corporation. Rg y Pilb iC HELEN F.�11IGMOC�1 Notary i _ �.,•,., 1.: '•, +' State of Minnesota.x,,,,g,c. .,.we�. .... -:::VShGTSa ;.:t::. :., .:',::.s _.�'3 •"�I11yctc.; r, '1,,. •t: . . F.:=i';�.. c.,�:flit a_Z".',- ...ems {l..�Sa...l•+-"`• .i}.,fc.i:� } ..y.:. rykd, .r' ;tf. `,.""pC='•�•:j':dLi.3'_' ?,.'•' ?.� ryit F� Z-1 f �F i`E �yLa::£ J-+'?Yv,r-• •�,:;1:. 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PER D1 Eaawnmd tar tthh�brd�Wl P*= CEN11ZRUXE ANTHONY LANE N y. ir mid Lot"3..dWt-t 126.32 feet N-rth-iTak-fly fr- h In tuft�1.i. N.A85499.(A. �of.mld f 3 to thd Northeasterly corner of Lot�Z -b,.4 P P 4y, .:in .-tK S Ig n figf.. Of P Hernipin County,Mi.hisate, E 47. gn g DWmaOm g.r.o�.-.vacotd Anthp�y arat�n d Pmtw�C­U rso�,awd as D­=- Worth as d.wib;d In D.-ant N..bar Ing t6l-obbr des *4ftd Dw� or R=D= f R�and Pt�r 699719..Mqr .by property. TENWN OF ­rded.D-.t N.747724,(As�esw--syl �ID_.�N OP LOT 3 P­W.E-.t rw­,,Iad as 790951. (A.shown NORTHI UNE OF Lorr A,-.t ,ardh, PJd-16.d as D--�K-1435923: -Lat.N.sgc4t that part thereof lying Southwesterly of line drown from Point line of sold Let 3.distant 126.32 fast Northeasterly frT, -7 3T _l" R-aS24 -jW 47 T a partion f MthanY L­r­ardsd as D.�Lmszi the .-r of said Lot 3 to the Northeasterly comer of Lot WTuuwaus SOWOO oto., 'A RGER OF LOT 3 91 lh= =p Block 2,St.Anthony Industrial Park,Hennepin County,Minneac -7 AND 24 That part of­ted Anthony Lane North(Document Number 3380852), described as follows, Commencing at the Northeast comer of Lot 3.Black STATEMENT OF ENCROACHMENTS -.-IzJz .- z St. A STREET Minnesota: thence North 90 degrees 00' r I &1, /I OSES Doc.NO. o .r Anthony In Park Hennepin County, grand�W!W- ..'es 00 seconds West assumed bearing North flne of sold Lot 3.a 20 10 0 20 40 60 distance of 47.00 fast; thence Westerly and Southwesterly.dl.tance-of.4&47 3r.-. t-3-clong.t.n9ertI.1 ulrve concave pDetheheast-Northwesterly arl=a -La faek"dorg the off 9.62 angle of So SCALE IN FEET -18 minutes 25 amends: thence South 39 degrees 43 minutes 10 degrees sold Lot 3.0 distance of 14,80 aeoon�- PLaiong-dwAprithw6starly nne of fast t ;:PoLnt of.b0eP1f1,e1.Tj.In- 50 degreesIS int" -and, .,3'00 g:,Il,rth AnthonyLane; thence Weak p„distance canteritne South 0, at6trals PORTABU CURB�i, GENERAL NOTES: 39-deVeft-4arnrinuigar�g!rle -Wat-atong'sold,canterfiria,a ditt.m.Sau 71.74 fast;'thence South 50 degrees 16 minutes.50 seconds East,a distance of Pp timed the pld..f 30,00-feet.t6-the NorthrWistety line'of sold Lot 3; thence North 39 degrees 43 1,4 1.Th.bws�, *-uesd 1. 5. y of mid Let 3.0 distance of 71.74 feet DEC-LARAMON CF RESTRICTIONS I Th. I..u.d the m, ,toe e.pohi4 of beginning. D PRoTEC1lTW cc�ns PER PV MAgWUMAN ON. n z DOC NO,BBM95 _IPARCS�`B-`7­ j I zo�g­ Pm my u(ught Indjorld)pe cRy Ded -That part of wooled Anthony Lane North(Docurnent Number 3380852). Sdb�rwqudm=U pe wu. f Rtritlor. v daj6ribod.' :Beginning of the Northeast.-ar of Lot 3,Black Z St. LOT I k F-t-3o fttthence North 10 deg 00 R-:10�t Hannpin Count,.Minnesota West assumed b­ri�g mid Lot g Md. ID f.M _;;ew - westerly 0 d=nce a--t NI 585"& of 4&47- aW�.6s pf 47.00 fe4t; there.Westerly and South -N 44.1 40,461.War.reef a9m sew 6d� o a,T.tw:t:.-,V- line of sold Lot 3 cdwg a tonger, w;- _c) Pmcm a &-t D-oaS- 1.1ja rdl,.,of 55.24 fee. IT _�:-4_ i 2 nda� an..South 6.Thea an­d- rl, Lb%53 ecanc distance-oj.14-. ca,or r2 distanea,of -ct!LvmL angle zu,degneca'�U rr _A, AI Ld ae Ot "MIN S' N/ UNDAR VICINITY MAP D OR b ib [Y-3 cr 1 z-7 ZAPP[A LEVAHN AND HEVER,LTD- 0 - SITE:2917 ANTHONY LANE NO. ST.ANTHONY,MINNESOTA cb V OF LOT 3,BLOW 2. INT.mwy.35w ST-AWTHONY INDUSTRIAL PARK L1_ NOT TO S:ALEr 0. 4 LEGEND wm= 0 Property Monument z Concrete NoDMIUALW Concrete Curb water s.Itory seaj A 0-rh-d Electri. V Guy vies c�t vi� CERTIFICATION' n 11 # Cthbel. I hereby certify that this su,.y,plan a was by Ught Pals W. or undwzy direaf supervision and th a al Land. III Manhole Surveyor under the lows of-the State n S-If.,Manhole Date-March 31, 2004 'Tr. ------------------- io PawER LINEEAs&Ewr Pr Minn.R.% • ------------------ y OWNER:' F C B LEASING INC JAN-09-2001 12:08 WSB & ASSOCIATES INC. 7635411700 P.02i02 I � I , 1 I PROPOSED STREET VACATION �Jtt � .yn .:, ti ��•�_ a . h l i, ,kyr.'+ •:II :h 'ijA -411k,,aNS��fi`"i4S�Y_:;r r•':L' - 'II:ii0:' - �•••••� 1 �i�:.1°''.Jim:, �7�.,�•f•`_. Mr-r•.:� PROPOSED VEWAY V �;::�:'""';`�: : : :,;{ :.:;: k :s• , EASEMENT '',tv=b ' ,',so�..',�i mar +.• .,�:.:5::}?�:I�r I I .' •/ 1 10'WIDE / I W Y DRAINAGE AND ° I UTILITY EASEMENT PER RECORD PLAT a BrT I. � I I \' nrr MOST WESTERL, '.• I I CORNERLOT3 `. - - --jtjN-— '—-- —' -oGduY. o so ,oa WSB41St)CMn Memorial n Boundary / Topographic Survey. WSB NedNa, , 7 oaw,januery 3,zoo, ?10 3� nneepalis,MN 55x22 for AMMMMI. FAX64;� Accurate Wire Solutions Right of Way t►J1RA9TRUCfURE - tcNG9tn�R5 Pte City of St Anthony, MLl]riesota 'vacation Exhibit TOTAL P.02 MEMORANDUM DATE: 10/14/04 MEETING DATE: 10/19/04 TO: Chair Stromgren & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Sunset Memorial Park Rezone Requested Action: On October 19, a public hearing will be held for a rezone of the Sunset Memorial Park cemetery located at 2250 St. Anthony Boulevard. The applicant is requesting to rezone the property from R-1 Single Family Residential to Recreational Open Space (ROS). The Planning Commission's recommendation concerning the request will be forwarded to the City Council for consideration at their October 26 meeting. .Background: Currently, the zoning on the subject property is R-1 Single Family Residential. The current zoning classification is considered legal non-conforming. The applicant and owner of the cemetery site, Alderwoods Group, would like to rectify that and are requesting a rezone to Recreational Open Space (ROS) to conform to the City Ordinance. The ROS zoning district allows cemeteries as a permitted use and also allows mausoleums and crypt structures as permitted accessory structures. Sunset Memorial Park has a mausoleum on-site. At the September 21 Planning Commission meeting, Mekus Studios presented plans to demolish the existing administration building on St. Anthony Boulevard and build a new funeral home on the site. At this time, the applicant has informed the City they are studying the funeral home issue further and would only like to discuss the rezone issue. If the applicant were to pursue the funeral home concept on the site in the future, other city approvals would be necessary. The City has made this clear to the applicant on several occasions. Following the change in zoning classification from R-1 to ROS, the applicant would need to request a text amendment to the ROS district to allow funeral homes as a permitted conditional use. A public hearing at the Planning Commission and three readings by the City Council would be necessary for approval of the text amendment. If the City approved this, the applicant would have to apply for a conditional use permit and go through that process with the Planning Commission and City Council. If the Planning Commission and/or City Council are not ready to make a decision on the rezoning request, a 60 day extension would be have to be implemented to conform to Minnesota statute. This is very important because, by not taking action on the application within 60 days of receipt, the City approves the application by default. Attachments: • Petition for Rezoning • Survey :J.. Dew /$;1:04 Alder•w_oods (Minnesota), Inc. -A .'D-a.vi.d. J. Van Rite . 920.468.4163 r - , .611 -B George Street Green B.ay; WI 54302 Owner Own:er.:Re;pr..e attat .�e i Se e Attac tied :S:i�r:v e,y. { 2 ,.:: :rif`o'rn Bavct. NE Sa. Ai :fiho.n MN .554.1.8 :; - y- �!, •fir,. rr s's •a,, •mb _ ''Z�:.:,�. �.r.,r1'.•.,r:w.. ,�.. 'Pr• �:t ? sa* -> . . . shgatut Of own=(ffkM A . 09-15 -04 *225 . 0OU 10/14/04 11:22 FAX 920 468 4627 NORTH CENTRAL GVP OFFICE 4 MERUS STUDIOS @002 ALC3'EW EPS- GiROUP October 14, 2004 Ms. Susan Hall Assistant City Manager Sunset Memorial Park and their Owner, Alderwoods (Minnesota) Inc., a subsidiary of Alderwoods Group Inc. (the Owner), is requesting to rezone the existing cemetery property from Pts current R-1 classification to R-OS. Per conversations with the City Staff, the cemetery property, located at 2250 St. Anthony Boulevard in St. Anthony, is a legal non-conforming R-1 use. The Owner would like to correct the zoning to the appropriate classification R-OS (Recreation Open Space). This use group allows cemeteries as a permitted use, as well as mausoleums and crypt structures as permitted accessory structures. Thank you, Dave Van Rite Director of Design and Construction Alderwoods Group Inc (920) 468-4163 cc: Mekus Studios OCT. 1 4 ' 04 'THU) ;0:20 COMMUN t CAT 1 ON N:,:40 PAGE-2 c,UIS 9_o 1 13316 SL3�115 9!O 8133H5 335' -------------- I I I I + I II I Al II I _ r o� Y-, I + ———————----—J– I I I A s I I � I e, is 9 o S 13316-W l i i MM/6 9.ro t 13316 Jw I c,r,169�£133 33s -- T— o SMAS 9�tl Z I.UW 33S I I da I a I I I I I I � I Y,Y.O�OYO I I I I � I ALTA/AGSM LAND TITLE SURVEY FOR LOEWEN GROUP rs.n o rr a aw toren nwr+.mu ron bJ L M a nb0 Ma!M�aeV M YW>t M r til Is1d rwrl 1Ynsr M r�� ba a a.a n rvm txnau ru. b rnt r.iearra r Aa is a.r.t u.�eu re• vaar k Y�iet M OtNbC as SL MNmY Ole'me'�M�Wwtl Va4 ecq! 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Morrison, City Manager From: Susan Hall,Assistant City Manag Date: 10/12/2004 Re: Planning Issues The Planning Chair has flagged the following items as some items for consideration for ordinance clean up... = -1615.05 Side yard adjacent to street: modify to be similar to front yard, base setback on 2 adjacent properties. -1615.02 subd. 2 lot size: create a category allowing redevelopment of existing lots from 5000 sf to 7500 sf and down to 50 ft. (40 ft.) in width. Should probably also see if this would need a lot coverage exception higher than allowed to be workable. I wonder if this could be only for redevelopment of single lots, so substandard homes could be replaced, but not open it up to a developer taking advantage of it (not that I have any idea where that could occur...) -1300: all of the references to the state building code should refer to the International Building Code (IBC) and International Residential Code (IRC). All references to the state fire code should refer to the International Fire Code (IFC). These were all adopted by the state about two years ago. -1315 swimming pools: the hot tub issue that a few of us have heard about. I'm not sure what it should be, but I think we could discuss a provision more tailored to hot tubs, since we seem to be more stringent that most of the metro, and clearly there are many installed that do not comply with the six ft. high fence. Other items to consider from my list: -there is not mention of opinion signs in the ordinance, the City Attorney suggests there should be; -there is not mention of such accessory uses such as basketball hoops, clothes lines, bird feeders in the ordinance, should there be?; -businesses out of the home (home occupations) —what is allowed, not allowed; and -look at amending the weed ordinance to allow for native prairie grasses—this issue came up from a petitioner in September 2004. 1 ER,AFT 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING 3 SEPTEMBER 28, 2004 4 5 6 CALL TO ORDER. 7 Mayor Pro-tem Thuesen called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 ROLL CALL. 12 Present: Mayor Pro-tem Thuesen; Councilmembers Horst, Stille, and Faust. 13 Absent: None. 14 Also Present: City Manager Mike Mornson. 15 16 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 17 ITEMS. 18 19 I. APPROVAL OF THE SEPTEMBER 28,2004, CITY COUNCIL MEETING AGENDA. 20 Motion by Councilmember Horst, seconded by Councilmember Stille, to Approve the City 21 Council Meeting Agenda of September 28, 2004. 22 23 Motion carried unanimously. 24 25 H. PROCLAMATIONS AND RECOGNITIONS. 26 None. 27 28 III. CONSENT AGENDA. 29 A. Approve September 14, 2004, Regular Council Meeting Minutes. 30 B. Licenses and Permits. 31 C. Claims. 32 D. Resolution 04-064; Approving Election Judges for General Election. 33 34 Discussion: 35 Councilmember Stille requested the removal of item A for a separate vote with changes made. 36 37 Motion by Councilmember Stille, seconded by Councilmember Faust, to Approve the Consent 38 Agenda with the Removal of Item A for a Separate Vote with Changes Made and to Adopt 39 Resolution 04-064 Approving Election Judges for General Election. 40 41 Motion carried unanimously. 42 43 A. Approve September 14, 2004, Regular Council Meeting Minutes. 44 Discussion: 45 Councilmember Stille noted that his packet contained two page sevens; indicating that the 46 correct page seven is the second one. 47 48 Councilmember Faust indicated a change on page five, line twenty-three, which should read 49 that Ms. Francis is the Three Rivers Park Commissioner, rather than an elected member of the City Council Regular Meeting Minutes September 28, 2004 Page 2 1 Library Association. He continued in noting that page sixteen,lines eight and thirteen should be 2 Operational Engineers rather than Environmental Engineers, adding that the address on line 3 fourteen is 2829 rather than 4829. He concluded in referencing a final change on page sixteen, 4 line twenty-five,which should read the County of Anoka rather than the City of Anoka. 5 6 Motion by Councilmember Horst, seconded by Councilmember Faust to Approve the September 7 14, 2004,Regular Council Meeting Minutes with the Changes Noted. 8 9 Motion carried unanimously. 10 11 IV. PUBLIC HEARINGS. 12 None. 13 14 V. REPORTS FROM PLANNING COMMISSION—Victoria Young,Commissioner, 15 presenting. 16 Commissioner Young reported that the Planning Commission held a Concept Review for Sunset 17 Memorial Park, in which an architect, from Alderwoods Group, spoke on their behalf. She 18 indicated that the request presented was to re-zone the property from R-1 to Recreational Open 19 Space,with the addition of conditional use as a funeral home. She noted that the Planning 20 Commission viewed this request as logical,however, continued in presenting an area of concern; 21 their request to tear down of the existing building to build a new funeral home. 22 23 Ms. Young stated that the some members of the Planning Commission,herself included, 24 expressed concerns with maintaining the historic architecture and landscaping that already exists 25 on this site. She noted that the original architect designed the existing building in the 1920's, 26 and was also the architect to design the Capital building in the 1940's. She continued in 27 reporting their plan to reconfigure Central Boulevard to in include more space for parking, 28 therefore,being detrimental to the landscaping. 29 30 Ms. Young continued in noting that the architect who spoke in their behalf indicated that he 31 conducted a preliminary search, via the internet and City documents,to determine if the location 32 was deemed as a historical site, either at a State, or national level; it was not. 33 34 Ms. Young also reported that the Planning Commission has had a request to revise City Code 35 Section 8-10 with regard to native prairies. She indicated that the City Code currently allows 36 weeds to be six inches maximum, whereas, in this case, the request would allow weeds that 37 would be much taller than that. She stated perhaps that the outcome of this request would be of 38 great interest to many residents. 39 40 Ms. Young concluded in noting that the Planning Commission heard City Engineer Hubmer's 41 presentation and were in unanimous support with regard to the flood plain ordinance. 42 43 VI. GENERAL POLICY BUSINESS OF THE COUNCIL. 44 A. City Engineer Report - Todd Hubmer, reporting. 45 1. Ordinance 04-007; Flood Plain. City Council Regular Meeting Minutes September 28, 2004 Page 3 1 City Engineer Hubmer reported that on September 21, 2004 a public hearing on the flood plain 2 ordinance took place, noting that he was in attendance to answer questions about the ordinance. 3 He indicated the Planning Commission recommendations have been forwarded to the City 4 Council for their review this evening. 5 6 Mr. Hubmer stated the City of St. Anthony is proposing adoption of a floodplain ordinance in 7 conformance with the recent revision to the Hennepin County Floodplain Mapping by FEMA. 8 He noted this ordinance is necessary for the City to adopt to remain enrolled within the National 9 Flood Insurance Program, adding that this ordinance covers land use changes and development 10 within designated floodplain areas. 11 12 Discussion: 13 Councilmember Faust referenced the flood in 1997 and inquired as to why individuals could not 14 receive flood insurance in the years following; 1998 and 1999. Mr. Hubmer responded in noting 15 that prior to the spring of 1998, the City did not participate in the FEMA program, therefore, 16 insurance was not available to the residents. He indicated that currently the residents are only 17 available to half the amount of what is available, $35,000 rather than $75,000, due to the fact that 18 the City does not fall within a flood plain. 19 20 There was discussion with regard to the flood plain ordinance including both Hennepin and 21 Anoka Counties. 22 23 Councilmember Stille inquired as to how it is determined what is considered to be a flood plain, 24 with making reference to the flood in 1997. Mr. Hubmer responded in noting that the flood in 25 1997 was determined not to be a result of being adjacent to a body of water. He continued in 26 stating that a flood plain is mapped as a designated study area that has an ongoing history with 27 flooding; St. Anthony does not. 28 29 There was discussion with regard to the ordinance allowing for the construction of a flood plain 30 if desired. It was determined that it would not be necessary, however, the City is required by law 31 to adopt the ordinance in order to participate in the FEMA program. 32 33 Councilmember Stille noted that in the financial community such regulations also come into play 34 with regard to applying for a mortgage. 35 36 Mayor Pro-tem Thuesen recited the purpose of the flood plain ordinance for the public in 37 reading: 38 39 1685.01 Purposes. The legislature of the State of Minnesota has in Minnesota Statutes Chapter 40 103F and Minnesota Statutes Chapter 462 delegated the responsibility to local government units 41 to adopt regulations designed to minimize flood losses. The purpose of this Section is to 42 minimize potential losses due to periodic flooding including loss of life, loss of property,health 43 and safety hazards, disruption of commerce and governmental services, extraordinary public 44 expenditures for flood protection and relief, and impairment of the tax base, all of which 45 adversely affect the public health, safety and general welfare, and to establish eligibility in the City Council Regular Meeting Minutes September 28, 2004 Page 4 1 National Flood Insurance Program and in order to do so the City must meet the requirements of 2 44 CFR Part 60.3(a). 3 4 Motion by Councilmember Faust, Seconded by Councilmember Stille to Adopt Ordinance 2004- 5 007 Related to Flooding; Adding Section 1600.85 to the St. Anthony City Code and Waiving the 6 Second and Third Readings. 7 8 Motion carried unanimously. 9 10 2. Bid results from removal of 4029 Shamrock Drive. 11 City Engineer Hubmer reported that bids were received on September 24, 2004 for the WSB 12 Project 1065-96, regarding the purchase and removal of 4029 Shamrock Drive. He indicated 13 that the bid was opened and called aloud, adding however,that only one bid was received. He 14 noted the bid tabulation indicating the high bidder as Otting House Movers of Lakeville, 15 Minnesota, for a total amount of$120, and recommended the sale of 4029 Shamrock Drive to 16 Otting House Movers for the amount. 17 18 Mr. Hubmer stated, in anticipation of questions from Council, that he is unsure why only one bid 19 was received, noting that information was sent out to three area businesses and that it had been 20 published in trade magazine and locally. He suggested that due diligence was done with regard 21 to advertising the event. He concluded in noting that to demolish the property the City would 22 pay$12,000 to $17,000, therefore, receiving$120 is in the City's best interest. 23 24 Discussion: 25 There was discussion with regard to when the landscaping would take place. It was determined 26 that it would take place in the spring of 2005. 27 28 Councilmember Faust indicated that the removal of this property is the last effort in the flood 29 mitigation plan that began in 1998. He noted although it is sad to see a property be removed, it is 30 also a cause for celebration in that the City has completed their task in recovering from the flood 31 in 1997. He continued in noting that many communities, do not accept a house into their 32 community if it has not been constructed there, adding that many communities have ordinances 33 rejecting the option to do so. He stated, in this case, the City is fortunate to have received one 34 bid. 35 36 Mayor Pro-tem Thuesen indicated that he has been on the Council for seven years, therefore, 37 being a part of the flood mitigation plan that Councilmember Faust made reference to. He noted 38 that he has had the opportunity to speak with residents who were affected, as well as has had the 39 opportunity to witness it first hand at his residence. He stated that it used to not take much rain 40 to have standing water ankle deep, however,now the problem is fix. He concluded in stating 41 that this has been a project that the City should be proud of in seeing it to its completion. 42 43 Motion by Councilmember Faust, Seconded by Councilmember Horst to Adopt Resolution 04- 44 065 Approving Sale of Homes for Relocation. 45 46 Motion carried unanimously. City Council Regular Meeting Minutes September 28, 2004 Page 5 1 2 3. Miscellaneous Updates. 3 City Engineer Hubmer reviewed the following: 4 A. Sod issues with regard to the 2004 road reconstruction are being resolved. 5 B. A feasibility report for the 2005 road reconstruction will be presented in October for 6 Council review. i 7 C. 39th Avenue to Stinson is now open. 8 D. Phase III is beginning, therefore, there will be resolutions brought before Council in the 9 near-future. 10 11 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 12 City Manager Mornson stated that it"pays off'to have funding a plan for flooding, adding that 13 he was a part of the task force in 1998 when the City received funding in response to the flood 14 and had to prioritize the areas that had the most damage to receive the funding. He indicated that 15 there were thirteen project areas and the City is now finishing up their task. He stated that it is a 16 great accomplishment. 17 18 Mr. Mornson announced that there will be no meeting on October 12, 2004, and that Judy 19 Monson's last day will be on December 3, 2004, with replacement Janice Rosemeyer being 20 trained in her place over the next two months. 21 22 Mr. Mornson continued in reported the following: 23 A. Quarterly 2004 Goal.Update. 24 1. Implement Silver Lake Redevelopment. 25 Mr. Morrison reported the development is on schedule, with a target completion date of October 26 of 2007. He.noted accomplishments includinj the housing groundbreaking on September 23, 27 the new liquor store opening in September, 391 Avenue and Phase 1 completed by September 28 27, adding that other retail will be completed by the end of the year with the rental 29 groundbreaking will take place in November 2004. 30 31 2. Improve Communication plan for city initiatives and accomplishments (includes 32 improvement to signage). 33 Mr. Mornson stated that the goals have been presented to school, Planning and Park 34 Commissions, indicating that the target completion date of December 2004. He reported that 35 the electronic sign approved by City Council in July will start construction in October 36 2004, and that the City was applied for a Communication Award through League of Minnesota 37 Cities. 38 39 3. Prepare policy to guide decisions on installing and funding light sidewalks and 40 e-fiber during construction of streets. 41 Mr. Mornson reported that the E-Fiber line is in for 39th Avenue. He noted that the target 42 completion date is December 1, 2004, adding that the policy is currently being reviewed by the 43 Public Works Director and WSB. City Council Regular Meeting Minutes September 28, 2004 Page 6 1 Mr. Mornson reported the Public Works and liquor store open houses took place in June 2004. 2 He noted the fire station and second liquor store open houses are scheduled for October 14, 3 2004. 4 5 In Summary, Mr. Mornson stated that with three-quarters of the year having passed, the City 6 has made good progress. He suggested that the planning involved and the retreats to focus on 7 strategy and progress have contributed to the success of remaining on schedule. 8 9 Mr. Mornson concluded in presenting pictures of the new fire station, announcing building tours 10 that will take place every fifteen minutes during the open house; by a Councilmember and a 11 Firefighter. He also noted the flag raising ceremony that will take place. 12 13 Councilmember Horst reported his attendance at the Chamber lunch focused on the update of 14 Silver Lake. He noted that a number of businesses have committed, adding that many others are 15 interested in the location as well. He stated that the road to Cub Foods opened today, suggesting 16 that he is pleased to see the progress taking place. He concluded in reporting his attendance at 17 the ground breaking of the first phase of the Hunt-Pratt project. 18 19 Councilmember Stille noted his attendance at the Chamber lunch as well, stating that Audi 20 Tarpley presented a good speech. He noted that Audi is "on top"of the project and suggested 21 that the City keep him in front with presenting updates to the public. 22 23 There was discussion with regard to Wal-Mart signing a ground lease, and the restrictive 24 covenants that have been placed upon them. 25 26 Councilmember Stille inquired as to whether the Firemen laid their own sod. City Manager 27 Morrison assured him that they did, as did Public Works. Councilmember Stille noted their level 28 of commitment to the community and the redevelopment. 29 30 Councilmember Faust reported his attendance of the Chamber luncheon as well. He cited Mr. 31 Tarpley in noting that everything from the original site was recycled to be used on the new site; 32 with exception of steel and asbestos. He added that the old Apache sign will be used for footings 33 on the new buildings. 34 35 Mayor Pro-tem Thuesen thanked City Manager Morrison for his quarterly reports, suggesting 36 that it is good to check progress and communicate to the public. He indicated that a"positive 37 synergy"is going on and that it is an"exciting"time to be a part of the community. He noted 38 that it would be wonderful for another suburb to see what St. Anthony has done with the Silver 39 Lake Redevelopment. 40 41 VIII. COMMUNITY FORUM. 42 Laurie Ludwig of 4028 Fordum Drive Northeast approached the Council to address her concerns, 43 however,wished to mention first that she is the abutting property of 4029 Shamrock Drive; 44 discussed earlier. She indicated that the City has done a wonderful job in maintaining the 45 property since they came to own it. She noted that her only request with the removal of this 46 property is that the large tree that lies close to the property line be preserved. City Council Regular Meeting Minutes September 28, 2004 Page 7 1 Ms. Ludwig continued in expressing her concern with regard to the39`b %Z Avenue and Silver 2 Lake Road intersection and traffic control. She presented Council with.four options. They 3 include: 4 1. Do nothing, which would increase problems related to the risk of turning 5 northbound on Silver Lake Road. 6 2. Install stop signs on Silver Lake Road,which would create a traffic jam. 7 3. Install stoplights on 39`}', 39h %z, Silver Lane and Central Avenue, which would be 8 similar to those on 18`}', 18`" %z, and 19t'which works well. 9 4. Limit the ability to turn right on to Silver Lake Road; turning southbound only. 10 11 Ms. Ludwig stated that some suggestions are more expensive than others, however, noted that 12 with construction traffic there is always a concern and she wanted to present Council with the 13 possible 14 options. 15 16 Mayor Pro-tem Thuesen asked City Manager Mornson if he had any input with regard to Ms. 17 -Ludwig's concern and proposed options. Mr. Mornson redirected the question to City Engineer 18 Hubmer. 19 20 Mr. Hubmer noted that temporary traffic control discussions have taken place with Ramsey, 21 however, it had been preliminarily determined that having change may be more dangerous than 22 the public being used to through traffic. He stated that Ramsey County is in control of this 23 access point, adding that plans are being made with regard to other access points. He suggested 24 that area businesses would agree and express their concerns as well with northbound traffic. He 25 stated that the options the Ms. Ludwig presented to Council are the same options that are being 26 discussed with Ramsey County. 27 28 Mayor Pro-tem Thuesen inquired as to whether this access point is on the radar of Ramsey 29 County. Mr. Hubmer assured him that it is. 30 31 Councilmember Faust interjected in noting that this is the Community Forum portion of the 32 agenda, therefore, it is not typical to take Staff reports in response to concerns or questions. He . 33 added that no decisions are made during this portion. 34 35 IX. INFORMATION AND ANNOUNCEMENTS. 36 None. 37 38 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 39 None. 40 41 XI. ADJOURNMENT. 42 Mayor Pro-tem Thuesen adjourned the meeting at 7:55 p.m. 43 44 45 Respectfully submitted, 46 City Council Regular Meeting Minutes September 28, 2004 Page 8 1 2 Danielle Buckmeier 3 TimeSaver Off Site Secretarial, Inc. 4 5 6 Mayor 7 ATTEST: 8 City Clerk