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City Council Regular Meeting Minutes
July 22, 2003
Page 1
CITY OF ST. ANTHONY
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 JULY 22, 2003
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, Sparks, Thuesen, and Faust.
15 Absent: None.
16 Also Present: City Manager Mike Morrison and City Attorney Jerome Gilligan.
17
18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF JULY 22, 2003, CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Faust to approve the City Council Meeting Agenda of July 22, 2003.
0 Motion carried unanimously.
25
26 II. PROCLAMATIONS AND RECOGNITIONS.
27 The St. Anthony City Council proclaimed Tuesday, August 5, 2003, as the "201h Annual National
28 Night Out." Councilmember Faust read the Proclamation.
29
30 Mayor Hodson noted there were indications the National Night Out would be a big evening. He
31 stated he was impressed with last year's turnout.
32
33 Motion by Councilmember Sparks to approve the Proclamation declaring Tuesday, August 5,
34 2003, as the "20'h Annual National Night Out.
35
36 Motion carried unanimously.
37
38 III. COMMUNITY FORUM.
39 Mayor Hodson invited residents to come forward at this time and address the Council on items
40 that were not on the regular agenda.
41
42 Rob LeFleur, 3312 Skycroft Drive, came forward and asked when Central Park and Silver Point
43 Park would be completed and ready for use. City Manager Morrison responded that both Central
44 Park and Silver Point Park would be available for skating this winter and the fields would be
0 ready for full use next spring.
City Council Regular Meeting Minutes
July 22, 2003
Page 2
Chris Schober, 2902 Crestview Drive, came forward to address Council as a representative of the
St. Anthony Huskies Dugout Club. Ms. Schober provided handouts to Council detailing the
3 discussions regarding the design and placement of two dugouts and a concession stand and stated
4 she had come before the Council to indicate a community need for action regarding this issue.
5 She discussed the activities of the coach, Park Commission, School Board and URS as they
6 related to the project. She noted there had been no mention that a different process should be
7 followed; therefore, a permit had been requested. Ms. Schober stated she felt the internal
8 struggle taking place among the park, City and School Board erupted when the permit was
9 requested. She noted the reason given for stopping the project was warranty issues; however,
10 warranty problems had not been previously mentioned. Ms. Schober said funds had been
11 donated for a worthwhile project and she wanted help to reach a resolution. She indicated a
12 letter from School District 282 approving the concession stand and the dugout design with some
13 noted changes. She also referred to the Dugout Club's rebuttal letter responding to the URS
14 memo regarding proposed press box and dugouts. Ms. Schober added the dugouts were to
15 protect the players, and the Dugout Club wanted the dugouts and concession stand completed as
16 soon as possible. She noted this project was volunteer based and supported by the community.
17
18 Mayor Hodson noted this had been a topic of discussion the last eight to nine months. He asked
19 Mr. Mornson if there was a way this could be handled efficiently. Mr. Momson suggested the
20 issue be deferred until the following Tuesday, after it had been discussed with the School Board.
21 He added a decision should be made after that meeting. Mr. Mornson noted the superintendent
22 and school-board chair had indicated they did approve the dugouts; however, URS and the Park
Commission had some concerns. He added the Park Commission did not seem to be in total
agreement.
25
26 Mayor Hodson responded there probably never would be total agreement and he wanted to
27 indicate action would be taken. Mr. Mornson suggested staff be given direction after Tuesday's
28 meeting. Mayor Hodson stated he would follow up with Ms. Schober the following Wednesday
29 or Thursday.
30
31 Rod Bloom, 3506 Skycroft Drive, stated the warranty issue, as it related to the park grass, was
32 humorous because of the current condition of the grass. Mr. Mornson responded the warranty
33 was a one-year warranty that was required on projects, and the warranty had not started. He
34 noted the project would be closed, there would be a one-year wait, a punch list would be
35 completed and, in the meantime, a bond would be held against the company.
36
37 Mayor Hodson noted it was a topic the Council needed to address. He added the City needed to
38 have each"i"dotted and"t"crossed on the punch list. He stated the City needed to confirm the
39 area was adequately seeded and weeds were controlled. Mr. Mornson responded that mowing,
40 seeding, fertilizing, etc., was part of the contract and, as soon as the City took over those tasks,
41 the argument could be made it was the City's project and the warranty was ended.
42
43 Ms. Schober stated she had talked with Jay Hartman regarding an exception to the warranty so
44 the projects could be completed by the next baseball season.
0 Councilmember Faust stated all parties were trying to do what was right for the entire
47 community. He asked Mr. Mornson if he had the time needed to sort through the issue by next
City Council Regular Meeting Minutes
July 22, 2003
Page 3
Tuesday's meeting. Mr. Mornson responded he did have time. He added the issue was the
concession stand and dugouts were wanted immediately instead of waiting for a year.
3
4 Councilmember Sparks stated another issue was a policy issue regarding how these decisions
5 should be made in the future.
6
7 Councilmember Thuesen stated assurance was needed that the integrity and usage of the park
8 would not be diminished by including the discussed items.
9
10 Mr. Bloom noted the City and school each indicated there was a line in the park between City
11 property and school property. He stated responsibility needed to be taken by all parties for park
12 upkeep.
13
14 IV. CONSENT AGENDA.
15
16 A. Approve June 24, 2003, Council meeting minutes.
17 B. Consider licenses and permits.
18 C. Consider payment of claims.
19 D. Consider Ordinance 2003-008, re: CenterPoint Energy Minnegasco Franchise Renewal
20 Ordinance(2"d reading).
21 E. Consider Resolution 03-061, re: Ramsey County SCORE Recycling_Agreement.
22
0 Motion by Councilmember Sparks to approve the Consent Agenda items.
25 Motion carried unanimously.
26
27 V. PUBLIC HEARINGS.
28 A. Resolution 03-048, re: Vacation of easement on Silver Lake Road relating to
29 redevelopment of the Stonehouse area.
30
31 Mayor Hodson opened the public hearing at 7:24 p.m.
32
33 City Attorney Jerry Gilligan noted and described the two right-of-way easements. He explained
34 that, presently, the curved easement was held by Hennepin County and negotiations were being
35 held to have it assigned to the City. He added vacation of that easement would occur when the
36 City acquired it from the County and the other easement would be effective upon adoption of the
37 resolution.
38
39 Councilmember Sparks asked what had happened to the property owned by Armour. Mr.
40 Gilligan responded Armour still owned it and the issue would be discussed later in the meeting.
41 He added the process of registering the land was being started.
42
43 No one came forward for public comment.
44
0 Mayor Hodson closed the public hearing at 7:26 p.m.
City Council Regular Meeting Minutes
July 22, 2003
Page 4
Motion by Councilmember Faust to adopt Resolution No. 03-048, vacating right-of-way
easements on Silver Lake Road relating to redevelopment of the Stonehouse area.
3
4 Motion carried unanimously.
5
6 VI. REPORTS FROM COMMISSIONS AND STAFF.
7 A. Planning Commission meeting—July 15, 2003.
8 1. Resolution 03-051, re: LaNel's (Autumn Woods II, LLP), request to amend the
9 Planned Unit Development for an additional 38 units of adult rental housing at
10 properties currently addressed as 2534, 2538, 2542, 2546 and 2548 Kenzie
11 Terrace.
12
13 Chris Melsha, a representative from the Planning Commission, came forward to address the
14 Council.
15
16 Mr. Melsha noted President Paul Brewer of LaNel Financial Group, representing Autumn
17 Woods II, LLP, met with Planning Commission members at the December 2002 meeting
18 concerning their preliminary plans for construction of a housing development called Autumn
19 Wood Villas slated for the 2500 block of Kenzie Terrace. He added LaNel Financial returned
20 with final development plans on July 15, 2003, for a public hearing to amend their existing PUD
21 for an additional 38 units of adult rental housing. Mr. Melsha discussed the items amended in
22 the PUD.
Staff felt the developer had proposed an excellent fit with the adjacent Autumn Woods'
25 development and recommended approval of the PUD amendment subject to the following:
26
27 1. There would be 38 parking stalls, rather than the 35 proposed.
28 2. Review of the plans and cross easements by the City Attorney.
29 3. Completion of the re-plat.
30
31 Mayor Hodson stated he felt this was an excellent project.
32
33 Motion by Councilmember Sparks to adopt Resolution 03-051, relating to a request by Autumn
34 Woods II, LLP, for an amendment to an existing Planned Unit Development (PUD) for an
35 additional 38 units of adult rental housing at properties currently addressed as 2534, 2538, 2542,
36 2546 and 2548 Kenzie Terrace subject to the stated conditions.
37
38 Discussion:
39
40 Councilmember Faust noted this long-range project had been in process since 1996 or 1997. He
41 felt it would bring something nice into the community.
42
43 Councilmember Thuesen felt this result was the fruit of an outstanding project. He noted it had
44 resulted from patience, as the City had slowly purchased property in the area and did not"jump"
0 at the first thing it saw. He added the project would clean up an area that needed renovating.
47 Mayor Hodson noted the completed project would definitely increase the tax base.
City Council Regular Meeting Minutes
July 22, 2003
Page 5
Motion carried unanimously.
3
4 2. Resolution 03-052 and 03-053, re: Amcon Construction's requests for
5 redevelopment of properties currently addressed as 2900 Kenzie Terrace and
6 2700 Highway 88:
7 a. Conditional use permit for proposed restaurant;
8 b. Conditional use permit for proposed on-sale liquor store;
9 C. Two front yard setback variances;
10 d. One rear yard setback variance;
11 e. Parking variance; and
12 f. Administrative subdivision request.
13
14 It was noted the City had entered into a predevelopment agreement with Amcon Construction to
15 redevelop the corner of Kenzie Terrace and Highway 88, also known as the Stonehouse and/or
16 Fire Station sites. Amcon had submitted the formal applications for public hearings associated
17 with their final plans. July 15, 2003, was the public hearing for the issues listed in a— f above.
18
19 Staff recommended approval of the above requests, keeping in mind the impact on the
20 adjacent/nearby residential neighborhoods and commercial property.
21
22 Regarding Resolution 03-052, Planning Commissioner Melsha noted the restaurant location was
a permitted conditional use for a commercial district. He added the request was for a location
less than 250 feet from a residential district, and the following conditions were recommended by
25 the Planning Commission for Council approval:
26
27 a. Garbage areas must be enclosed with materials that match buildings.
28 b. Lighting must be"down-spill,"with no spillage to residential properties across Kenzie
29 Terrace and conform to adjacent area(St. Anthony Boulevard).
30 C. Hours for outdoor seating shall not exceed 9:00 p.m.
31 d. No music or other artificial noise shall be audible from any residential district.
32 e. City engineers must approve the plan, including a determination that the proposed plan
33 will not have an adverse impact on the current storm water run-off situation.
34 f. The patio will be on the east side of the building.
35 g. Investigate options to break up mass and improve the landscape to the north side of the
36 building.
37 h. The design of the building shall conform to the Savage store.
38 i. Hours of operation shall coincide with liquor service hours.
39
40 Mr. Melsha indicated the on-sale liquor store was a permitted conditional use for a commercial
41 district and no conditions were added for Council approval.
42
43 Councilmember Thuesen asked about the outdoor seating hours for the old Stonehouse. Mayor
44 Hodson responded he did not think there were set hours. Mike Larson, Liquor Operations
0- Manager, noted people usually moved inside when the sun started to set.
City Council Regular Meeting Minutes
July 22, 2003
Page 6
Councilmember Thuesen asked if the Commission or staff had researched similar types of
establishments regarding their hours of outdoor seating. Mr. Melsha stated the Commission had
3 not. He noted the proximity to a residential area was a unique situation.
4
5 Councilmember Thuesen asked if closing outdoor seating at 9:00 would restrict the restaurant.
6 Jim Winkels of Amcon came forward and said Spectators Bar and Grille was involved in eight
7 different projects. He noted, in some of their operations, people could be on the patios until
8 closing. He stated Spectators would prefer leaving the patio open until 10:00 p.m.; and, because
9 the patio was on the other side of the building, it should minimize the noise to residential areas.
10 He noted that music was piped out to the patio; however, he had driven by the Savage location
11 and could not hear the music that was being piped to their patio. He added the patio would be a
12 nice draw for beautiful summer nights.
13
14 Councilmember Thuesen asked where the patio would be located. Mr. Winkels responded the
15 patio would be on the Highway 88 side of the building.
16
17 Councilmember Thuesen asked if there were any sound buffers on the north side of the building
18 that would prevent sound going toward the residential areas. Mr. Winkels responded they were
19 aware of the ordinances and he was not conscious of any sound problems.
20
21 Mayor Hodson asked about landscaping. Mr. Winkels noted the landscaping would also help the
22 transmission of noise. He added there would be more noise coming from the road than the patio.
Councilmember Thuesen stated he would not mind discussing the extension of the patio hours to
25 10:00 p.m., as the summers were short. Mayor Hodson agreed. He added he did not like
26 handcuffing the future business owner with a time schedule that would not fit the operating
27 hours; however, he wanted to be sensitive to the residents in the area. Mayor Hodson stated he
28 would be comfortable with a 10:30 p.m. to 11:00 p.m. timeframe.
29
30 Councilmember Horst stated he could agree to extend the patio hours to 10:00 p.m. He felt
31 anything past 10:00 p.m. would infringe on bedtimes.
32
33 Councilmember Sparks stated she felt 9:00 p.m. made sense. She noted, if seating stopped at
34 9:00 p.m., it would take time to clear people off the patio. Mr. Melsha indicated the Planning
35 Commission had intended people were off the patio by 9:00 p.m., so the noise would stop at that
36 time. He felt a later hour would be reasonable if the east-side location for the patio was
37 acceptable. Mayor Hodson stated he would like to see the last seating at 10:00 p.m.
38 Councilmember Thuesen agreed.
39
40 Councilmember Faust asked about signage. Mr. Melsha responded the proposed signage did not
41 need variances.
42
43 Councilmember Faust noted the ordinance stated everyone within 350 feet must be notified.
44 City Manager Morrison responded they had been notified.
0 Councilmember Faust asked if the patio was to be screened or open. Mr. Winkels responded the
47 current plan was for an open-air patio.
City Council Regular Meeting Minutes
July 22, 2003
Page 7
Councilmember Faust asked, if the patio was located on the east side, where the garbage would
be. Mr. Winkels responded the garbage was currently located on the east side by Highway 88.
3 He noted, however, the garbage could be on the west side if the patio was located on the east
4 side. He added the garbage must be located on either the east side or west side because of truck
5 access. He indicated the area around the garbage would be designed of the same material and
6 landscaping would be used to hide the area as much as possible.
7
8 Councilmember Faust asked if Council should give direction regarding which side the garbage
9 should be located. Mr. Winkels noted that on the west side the truck would be in early in the
10 morning and the site would be hidden for the remainder of the day.
11
12 Councilmember Horst asked if the trash located at the far end in the design layout was to be
13 relocated. Mr. Winkels responded it was.
14
15 Councilmember Horst indicated the elevations presented to the Planning Commission looked
16 somewhat different than what had been proposed previously. He felt this was especially true of
17 the rooflines, as he thought they looked flatter. An architect from Amcon came forward and
18 showed an illustration he indicated had been worked on for some time. He noted the flat roof
19 had facades on the front. He added they had several ideas regarding how to soften the whole
20 building. The architect stated they were currently working with Spectators and would get
21 images for the Council to review.
22
Councilmember Sparks stated she did not want to see a windowless flat building. The architect
0 responded windows were not the only way to articulate the building, and he showed examples
25 from the Savage building. Mr. Winkels stated Amcon was open to input from Council regarding
26 the north wall. He added the materials and general look would match the rest of the buildings.
27
28 Councilmember Horst agreed he would like to see some softening of the design.
29
30 Councilmember Faust stated he could live with the 10:00 p.m. closing time for the patio if it
31 were located on the east side. He added the issue could be addressed again if necessary.
32
33 Motion by Councilmember Sparks to adopt Resolution 03-052, relating to conditional use permit
34 requests for the proposed redevelopment of the corner of Kenzie Terrace and Highway 88,
35 subject to the conditions recommended by the Planning Commission.
36
37 Discussion:
38
39 Councilmember Faust stated he would like to amend Planning Commission recommendations
40 "a" and "c." He indicated item "a" should read as follows: Garbage areas must be enclosed with
41 materials that match buildings and must be located on the southwest corner. He added item "c"
42 should read as follows: Hours for outdoor seating shall not exceed 10:00 p.m.
43
44 Councilmember Sparks stated she would like to amend Planning Commission recommendation
"g"to read as follows: Break up mass and improve the landscape to the north side of the
building.
47
City Council Regular Meeting Minutes
July 22, 2003
Page 8
Councilmember Horst asked Mr. Winkels if they would be able to break up the mass on the
north side. Mr. Winkels responded they were planning on breaking up the mass on the north
3 side.
4
5 Motion carried unanimously.
6
7 Planning Commissioner Melsha came forward to discuss Resolution 03-053. He noted this
8 resolution related to variance requests from Amcon Construction for the redevelopment of the
9 corner of Kenzie Terrace and Highway 88 (Stonehouse/Fire Department properties). He stated
10 these requests were presented to the St. Anthony Planning Commission at a public hearing on
11 July 15, 2003.
12
13 1. Two front yard setback variances of 30 feet each for a proposed setback of 5 feet at the
14 building corners. Mr. Melsha noted the benefits of granting this variance were to help
15 maximize parking space and improve the site layout. He indicated the reason for the
16 variance was a result of an oddly shaped parcel that was generally triangular in shape
17 with a rounded side.
18 2. One rear yard setback variance of 10 feet for a proposed setback of 10 feet at the
19 southeast corner property line. Mr. Melsha indicated that circumstances creating the
20 hardship were an irregular parcel with a jog, not the result of the owner/applicant.
21 3. A parking variance of 27 stalls for a proposed 120 parking stalls for a sit-down restaurant
22 and adjacent retail (147 required). Mr. Melsha explained parking was viewed from an
aggregate sense. He noted the hardship resulted from the odd shape of the parcel and
was not created by the owner/applicant.
25
26 Councilmember Sparks asked who owned the property discussed in item 1. City Attorney
27 Gilligan responded he thought the County owned the property.
28
29 Councilmember Horst asked if there would be grass to the curb. Councilmember Sparks noted it
30 was currently asphalt. Mr. Winkels indicated Amcon was restricted to making changes on their
31 property, and they could not make changes on the County's property. City Manager Morrison
32 stated the City was currently looking for bids for the Kenzie Terrace property. He added they
33 were also working with the County to compliment the changes being made.
34
35 Councilmember Faust asked if internal sidewalks between the restaurant and retail stores had
36 been discussed. The architect from Amcon came forward and stated there would not be an
37 internal path because it would take away from the parking spaces. He noted there were
38 sidewalks in front of the retail area and in front of the restaurant; however, they did not bridge
39 across. Mayor Hodson asked if there was anything in place that would act as a crossing. The
40 architect stated there were islands throughout the middle; however, their preference was to
41 landscape the islands. Councilmember Sparks noted the area was small enough so people would
42 walk directly toward their destination.
43
44 Mr. Melsha noted both the City and Spectators were in agreement with the parking plan (item 3).
0 Councilmember Sparks asked about the public testimony regarding this issue. Mr. Melsha stated
47 most of the concern was regarding the noise levels. Generally, people did not think this piece of
City Council Regular Meeting Minutes
July 22, 2003
Page 9
property should have so much located on it. Some residents felt the building should be smaller
because there was not enough room for parking. Mr. Melsha noted there were five residents who
3 expressed concerns.
4
5 Councilmember Horst asked if the City was overly stringent regarding parking. Mr. Melsha
6 responded it was his understanding St. Anthony was more stringent than many other cities.
7 Councilmember Horst felt this needed to be addressed, as the City was giving a large number of
8 variances. He noted the City probably needed to be more realistic. Mayor Hodson agreed.
9
10 Motion by Councilmember Faust to adopt Resolution 03-053, relating to variance requests for
11 the proposed redevelopment of the corner of Kenzie Terrace and Highway 88.
12
13 Discussion:
14
15 Councilmember Faust noted this project was in keeping with the new urbanism. He felt this was
16 a usable commercial district that was easily accessible to pedestrians.
17
18 Motion carried unanimously.
19
20 3. Resolution 03-054 and 03-055, re: Requests for properties currently addressed as
21 3501 and 3505 Silver Lake Road:
22 a. Conditional use permit for a proposed Fire Station, which is located in an
R-1 single-family zoning district; and
b. One front yard setback variance of 11 feet for a proposed setback of 19
25 feet.
26
27 It was noted, on June 17, 2003, Oertel Architects brought the City's preliminary plans forward to
28 the Planning Commission for a new fire station at 3501/3505 Silver Lake Road. July 15, 2003,
29 was the public hearing for the two requests related to the final plans. Oertel Architects had
30 prepared a project description memorandum referring to the final plans and renderings. An
31 Oertel representative was in attendance at the July 15, 2003, public hearing and the Council
32 meeting to represent the City's final fire station plans.
33
34 Planning Commissioner Melsha noted Resolution 03-054 related to the resolution approving a
35 conditional use permit for the proposed Fire Station. He stated the Planning Commission had
36 reviewed the request and recommended Council approval, subject to the following conditions:
37
38 1. Lighting; spillage would be cut off at the property line and be down lighting; lighting
39 should conform to other lighting in the municipal complex area.
40 2. Informational listing from the Fire Department: naming what the Fire Department would
41 do to minimize noise, etc., to the surrounding residential neighborhood.
42 3. Rework the plan for the following changes: dress up the blank front wall/design and
43 make it more attractive with trees, etc.; further development of the roof forms
44 4. The building with the flat roof lines/design across the whole building was preferred to the
arch design that was an alternative. Mr. Melsha felt the flat roof design should be
"spruced up"as much as possible.
47
City Council Regular Meeting Minutes
July 22, 2003
Page 10
Mr. Melsha noted Resolution 03-055 related to approving a setback variance request relating to
properties currently addressed as 3501 and 3505 Silver Lake Road. He added the hardship was
3 related to the slope of the property. Mr. Melsha stated, at a public hearing held on July 15, 2003,
4 the Planning Commission reviewed the request and recommended Council approval for the
5 following reasons:
6
7 1. The request is based on the City's interest to preserve trees during construction.
8 2. Recognizing the adjacent existing homes had a variation of 7 feet from the subject
9 properties.
10 3. Approval of the variance would minimize the slope and save on construction costs at the
11 eastern edge of the site.
12 4. Not granting the variance would eliminate the retainage pond for storm water runoff that
13 would benefit the neighborhood.
14 5. The proposed use would not be detrimental to the health, safety and welfare of the
15 adjoining properties or detrimental to property values.
16
17 Councilmember Sparks asked about the trees in front. Mr. Melsha responded those trees were
18 coming down.
19
20 Mr. Melsha stated residents had concerns about the inherent noise that would be caused by a fire
21 station. He noted Fire Chief Hewitt had assured the residents that every effort would be made to
22 minimize the impact of noise on the surrounding homes. He added that, unfortunately, the
0 efforts would be weighed against the need to respond to emergency calls.
25 Jeff Oertel, Oertel Architects, came forward and discussed the exterior design plans.
26
27 Councilmember Sparks stated there was some history of big, long facades in the community and
28 she wanted to avoid that. She felt the fagade facing Silver Lake Road was a problem. Mr. Oertel
29 responded, because Silver Lake Road was so heavily used, they felt the most important elevation
30 was the south elevation because it was very visible and very open with a panoramic view. He
31 added the location of the site was at the top of a hill and, when approaching the building from
32 either direction, there was a good view of the south fagade. Mr. Oertel also felt, for safety
33 reasons and accessibility of the site, it was critical to have a flow-through pattern of entering the
34 building on one side and going out on the other side. He strongly felt this arrangement was the
35 safest and most practical. He added work was continuing on the west fagade; however, the plans
36 were not ready to be shown at the current time. He noted glass and stone features were being
37 considered for the west fagade. Mr. Oertel indicated they were trying to save as many trees as
38 possible.
39
40 Mr. Oertel added that the reason behind the fagade decisions was the equipment and technical
41 area was on the west end of the building by design, as they were needed there. Consequently, he
42 felt there was not a lot of opportunity for glass. Mayor Hodson felt the west side needed more
43 consideration. He added Council wanted to see the design before it went to bid.
44
Councilmember Sparks stated she was thinking about the residents who had to look at the
46 building; however, she agreed the precautions were needed.
47
City Council Regular Meeting Minutes
July 22, 2003
Page 11
Motion by Councilmember Faust to adopt Resolution 03-054, approving a conditional use permit
relating to properties currently addressed as 3501 and 3505 Silver Lake Road.
3
4 Discussion:
5
6 Councilmember Sparks asked to hear from Fire Chief Hewitt regarding noise issues.
7
8 Fire Chief Joel Hewitt came forward and stated they were planning to use discretion when using
9 air horns and sirens. He added they would need to be used when traffic was heavy. He also
10 indicated there would be adequate space in the new building; consequently, the trucks would not
11 have to be parked outside when the space was needed for other things. Fire Chief Hewitt felt the
12 noise level should be a little less.
13
14 Councilmember Thuesen stated, when he had lived in the vicinity of the fire station, noise had
15 not been an issue. He thought the residents would be pleasantly surprised with having the fire
16 station as a neighbor.
17
18 Fire Chief Hewitt noted a neighborhood meeting had been held to address concerns and only two
19 residents had come to address noise issues and the building's design.
20
21 Councilmember Horst felt the fire station was in an appropriate spot and people would find them
22 to be a good neighbor.
0 Councilmember Sparks asked Mr. Melsha what the public testimony was. Mr. Melsha
25 responded that none of the new neighbors had attended the meeting.
26
27 Motion carried unanimously.
28
29 Motion by Councilmember Horst to adopt Resolution 03-055, approving a setback variance
30 request relating to properties currently addressed as 3501 and 3505 Silver Lake Road.
31
32 Motion carried unanimously.
33
34 4. Resolution 03-056 re: Requests for property addressed as 3801 Chandler Drive
35 (the existiniz Public Works building):
36 a. Two front yard setback variances of 28 feet and 21 feet for a proposed setback
37 from the front property line to the northwest corner of the building of 13
38 feet and from the property line to the primary fagade of 18 feet;
39 b. One side yard setback variance of 10 feet for a proposed setback of 5 feet off
40 the property line for the existing Public Works building;
41 c. One rear yard setback variance of 4 feet for a proposed setback of 11 feet to
42 allow the backside of the proposed salt building to align with the rear
43 elevation of the existing Public Works building; and
44 d. One variance to allow for the proposed use of a supported membrane structure
for the use of salt storage and loading. Planning Commissioner Melsha
noted this item was not a variance in the true sense, as there was nothing
City Council Regular Meeting Minutes
July 22, 2003
Page 12
to prohibit the structure. He stated it would be a different-looking
structure.
3
4 It was noted, on June 17, 2003, Oertel Architects brought the City's preliminary plans forward to
5 the Planning Commission for an updated Public Works facility at its current location of 3801
6 Chandler Drive. July 15, 2003, was the public hearing for the four requests related to the final
7 plans. It was also noted Oertel Architects had prepared a project description memorandum
8 referring to the final plans and renderings. An Oertel representative was in attendance at the July
9 15, 2003, public hearing and the City Council meeting representing the City's final public works
10 plans.
11
12 Mr. Melsha stated the shape of the property was the cause of some hardships, especially in the
13 northwest corner. He added the variance would maximize use of the parcel.
14
15 Motion by Councilmember Thuesen to adopt Resolution 03-056, approving variance requests
16 relating to property addressed as 3801 Chandler Drive.
17
18 Motion carried unanimously.
19
20 5. Resolution 03-057,re: Request from Health Care Plus, Inc., for a conditional use
21 permit for an adult day care facility at 2500 Highway 88, #105.
22
It was noted Health Care Plus, Inc., was requesting a conditional use permit for an adult daycare
0 facility at 2500 Highway 88, #105, which was currently zoned commercial. Adult daycare was
25 now a conditional use in the commercial zoning district due to a recent amendment to the City's
26 zoning code. July 15, 2003, was the public hearing for the Health Care Plus, Inc., conditional
27 use permit.
28
29 Staff noted, in the past, issues such as traffic circulation, hours of operation and size of facility
30 had been raised. The Planning Commission had forwarded its recommendation for consideration
31 at the Council meeting.
32
33 Mr. Melsha stated this resolution was straightforward, as the City did allow for child daycare.
34 He added that adult daycare was heavily regulated, so there was little need for City restrictions.
35
36 Motion by Councilmember Faust to adopt Resolution 03-057, approving a conditional use permit
37 request to allow an adult daycare facility in a commercially zoned district located at 2500
38 Highway 88.
39
40 Motion carried unanimously.
41
42 5. Resolution 03-058 re: Requests from Northgate Condominium for four variances
43 to allow proposed signage at 2500 Highway 88.
44
It was noted Northgate Office Park had submitted both a comprehensive sign plan and sign
46 variance request for their proposed pylon sign. When a comprehensive sign plan is presented,
47 exceptions to the regulations of the sign ordinance may be permitted if the sign plan, as a whole,
i
City Council Regular Meeting Minutes
July 22, 2003
Page 13
is in conformity with the intent of the ordinance. The City Manager had rejected the proposed
sign plan under the comprehensive sign plan because Northgate's sign plan had deviated too far
3 from the City's sign ordinance. July 15, 2003, was the public hearing for the sign variance
4 requests from Northgate Office Park.
5
6 Staff noted, although the petitioners at Northgate Office Park were in need of a sign, the City
7 must adhere to its own standards. The proposed sign was too far out of line from the City's sign
8 ordinance. It missed the mark on almost every City Code criterion for a ground sign. A pylon
9 sign is not allowed by the sign ordinance, as it is not acceptable by City standards. City staff
10 recommended denial of the proposed sign application.
11
12 Motion by Councilmember Sparks to adopt Resolution 03-058, to deny a comprehensive sign
13 plan and sign variance requests for 2500 Highway 88.
14
15 Discussion:
16
17 Councilmember Horst stated the shopping center had a pylon sign, and Northgate was asking for
18 the same opportunity. He added that at some point Council would be looking at some kind of
19 sign package for Northgate, as many businesses were in that building. He felt Council and the
20 Planning Commission needed to encourage businesses in the Northgate Office Park to prosper.
21 Councilmember Horst commented Council needed to be as flexible as possible.
22
0 Motion carried unanimously.
25 Mayor Hodson thanked Mr. Melsha and the Planning Commission for their diligence.
26
27 Councilmember Thuesen stated, as Council representative to the Planning Commission, he was
28 willing to attend any meeting where he could be helpful.
29
30 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
31 A. Todd Hubmer, WSB and Associates, Inc., was present for the followingitems:
ems:
32 1. Resolution 03-049, re: Order preparation of feasibility report for the 2004 street
33 and utility improvements.
34
35 Mr. Hubmer noted this resolution ordered the preparation of a feasibility report for the 2004
36 street and utility improvements. The proposed streets to be reconstructed were:
37
38 1. Belden Drive, between 32"d Avenue and 33`d Avenue NE
39 2. Hilldale Avenue, between Belden Drive and Silver Lake Road
40 3. 32"d Avenue, between Belden Drive and Silver Lake Road
41 4. Townview Avenue,between Wilson Street and Silver Lake Road
42
43 Mr. Hubmer provided a map showing the proposed streets to be reconstructed in 2004, along
44 with a proposed schedule for consideration. He commented, if anyone had driven down those
6 streets, they would understand why there was need for immediate attention.
City Council Regular Meeting Minutes
July 22, 2003
Page 14
Councilmember Faust asked if Townview and Hilldale would be phased, as it would be hard to
park off of Silver Lake Road if they were not phased. Mr. Hubmer responded phasing would be
3 considered; however, technicalities would make some of those decisions.
4
5 Motion by Councilmember Sparks to adopt Resolution 03-049, ordering preparation of
6 feasibility report for 2004 street and utility improvements.
7
8 Motion carried unanimously.
9
10 1. Resolution 03-050, re: Order distribution of Environmental Assessment
11 Worksheet(EAW) relating to redevelopment of the Northwest Quadrant.
12
13 Mr. Hubmer provided a draft copy of the Environmental Assessment Worksheet(EAW) for the
14 St. Anthony Village Northwest Quadrant Redevelopment for Council's review. He noted the
15 purpose of the EAW was to identify potential environmental impacts associated with the project
16 and to determine whether or not an Environmental Impact Statement was needed. He stated,
17 based on Minnesota Rules 4410.4300, the EAW for this project was mandatory due to the
18 number of residential units and commercial land uses. He added completion of the EAW
19 process was required prior to the City issuing any approvals for the project.
20
21 Mr. Hubmer explained the EAW was being submitted to the City Council for authorization for
22 public distribution of the EAW as required by Minnesota Rules 4410. He noted, upon
authorization by the City Council, the EAW would be distributed for a 30-day public comment
0 period. He added, at the end of the comment period, responses to comments would be developed
25 and a recommendation as to the need for an Environmental Impact Statement would be made to
26 the City Council for consideration.
27
28 Motion by Councilmember Sparks to adopt Resolution 03-050, ordering distribution of
29 Environmental Assessment Worksheet (EAW) for the St. Anthony Village Northwest Quadrant
30 Redevelopment.
31
32 Motion carried unanimously.
33
34 Councilmember Thuesen asked Mr. Hubmer if this year's street projects were going well. He
35 commented he had not received any negative comments from residents. City Manager Morrison
36 stated the City had received two compliments and the residents were wondering if the City had
37 changed contractors.
38
39 Mayor Hodson noted this year's project was easier. Mr. Hubmer added the weather had been
40 more cooperative.
41
42 E. Jerry GilliganDorsey and Whitney, was present for the followingitems:
43 1. Ordinance 2003-009 re: Amend ordinance to allow liquor establishments to
44 remain open until 1:00 a.m.
City Council Regular Meeting Minutes
July 22, 2003
0-2
Page 15
Mr. Gilligan noted present legislation would allow liquor establishments to remain open until
2:00 a.m. if Council did nothing. He stated this ordinance moved the closing time back to 1:00
3 a.m.
4
5 Motion by Councilmember Faust to approve First Reading of Ordinance 2003-009 amending
6 Section 1000.10, Subd. 7 hours of sale.
7
8 Discussion:
9
10 Councilmember Thuesen indicated, when the City had a better idea of redevelopment at Apache
11 Plaza with the new addition at the south end, he was definitely open to discussing a closing time
12 of 2:00 a.m. He added Council needed to keep an open mind about the 2:00 a.m. closing time.
13 Councilmember Faust responded the time could always be changed at a later date.
14 Councilmember Thuesen agreed and felt this was the correct move to make at the current time.
15
16 Motion carried unanimously.
17
18 2. Resolution 03-059, re: Registration of Stonehouse property.
19 City Attorney Gilligan noted the Stonehouse parcel had several title defects that could best be
20 cured through the registration process.
21
22 Motion by Councilmember Thuesen to adopt Resolution 03-059 to register land (Stonehouse
0 property).
25 Motion carried unanimously.
26
27 3. Resolution 03-060, re: Approve redevelopment agreement with Amcon
28 Construction.
29 Stacie Kvilvang, Ehlers and Associates Inc. came forward to address the Council. She noted, at
30 the May 13, 2003, City Council meeting, the Council approved entering into a Pre-
31 Redevelopment Agreement with Amcon Construction for the redevelopment of the
32 Stonehouse/SAV I and Fire Station site. At their June 24, 2003, meeting, the Council approved
33 proceeding with redevelopment of the Stonehouse property in accordance with redevelopment
34 option #4 in which the City would retain a portion of the land for the City's liquor store and sell
35 the remaining land to Amcon. Amcon would construct a new retail development and the City
36 would utilize the land sale proceeds to offset the cost of purchasing the new liquor store from
37 Amcon.
38
39 Ms. Kvilvang stated the City attorney, Ehlers and Associates and City staff had been working
40 with Amcon to prepare a Purchase and Development Agreement that outlined the business points
41 of the proposed transaction. Ms. Kvilvang reviewed the provisions within the Agreement with
42 Council.
43
44 Motion by Councilmember Faust to adopt Resolution 03-060, approving contract for private
redevelopment with Amcon Construction Company LLC and authorizing the execution and
recording thereof.
47
City Council Regular Meeting Minutes
July 22, 2003
Page 16
0 Motion carried unanimously.
3 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
4 Mr. Momson reported the following items:
5 ■ Confirmation had been received from the Met Council that the City had received a tax
6 base grant for Apache Plaza asbestos removal in the amount of$585,600.
7 ■ September 9, 2003, was the date tentatively scheduled for groundbreaking for the public
8 works building and fire station. Mr. Momson noted the groundbreaking for the public
9 works building would begin at 5:00 p.m., the groundbreaking for the fire station would
10 begin at 5:30 p.m. and refreshments would follow.
11 ■ Groundbreaking for Stonehouse would possibly take place September 16, 2003, at 11:00
12 a.m. prior to the Chamber meeting. Mr. Morrison added the developer was not certain
13 the pavement could be in according to the present schedule and June 1 was the possible
14 date for the restaurant and off-sale establishment opening. He added the date for closing
15 the off-sale might change from August 30, 2003, to August 24, 2003, to alleviate some of
16 the scheduling issues.
17 ■ Since the audit received in May, policy changes regarding comp time usage had been
18 implemented. Mr. Morrison noted the approximately$100,000 liability had been reduced
19 to $66,000. He added the goal was to reduce the liability to the $30,000 to $40,000
20 range.
21 • The Autumn Woods' groundbreaking date had not been established. Mr. Morrison
22 suggested the Autumn Woods' groundbreaking might also take place in September.
■ Joint meeting with School Board was scheduled for Tuesday, June 29, 2003, at 6:30 p.m.
go at the new Central Park Building.
25
26 Councilmember Horst stated he wanted to "put in a plug" for the golf tournament. Mike Larson,
27 the golf tournament chairperson, came forward. He felt this year's tournament would be more
28 exciting than ever, as Rosedale Dodge had donated leases on a Dodge truck and Hyundai SUV to
29 be given as prizes. He noted the entrance fee for the tournament was $70 and dinner would
30 follow the tournament. He added Village Fest would kick off after the tournament with a parade,
31 which would end at Stonehouse and the shopping center. He stated a band and bonfire would
32 also be activities at the shopping center.
33
34 Councilmember Sparks reported that, at the last Parks Commission meeting, a tour of the park
35 was taken. She stated Maury(?) Anderson, former parks director at New Brighton, was advising
36 the Committee and he was knowledgeable about grass and park redevelopment. She noted Mr.
37 Anderson was quite optimistic the City would receive a good final grass product, despite its
38 current bad appearance. She also noted procedures regarding decision making for the parks were
39 discussed. Councilmember Sparks also reminded listeners that Village Fest was August 2, 2003,
40 at the Salvation Army Camp, and they could always use more volunteers.
41
42 Councilmember Thuesen had no report.
43
44 Councilmember Faust indicated the League of Minnesota Cities had kicked off its policy
committee meetings again. He noted he was serving on the Fiscal Futures Policy Committee for
46 the League. Councilmember Faust also noted Congressman Sabo's aide attended the Chamber
47 luncheon on the 15`h. He stated she was very interested in the amount the City had received from
City Council Regular Meeting Minutes
July 22, 2003
Page 17
the Met Council, because it had involved a recommendation given to the City from another
meeting. He felt a good relationship with the federal level would help the City as it moved
3 forward.
4
5 Mayor Hodson indicated he had participated in several meetings since the last Council meeting.
6 He noted a meeting with Mayor Rybak had resulted in offers of assistance from the City of
7 Minneapolis regarding St. Anthony's redevelopment projects. He stated he also had a meeting
8 with the mayor of Burnsville to explore development issues. He indicated both mayors had been
9 amazed by the number of large projects the City of St. Anthony was moving forward. Mayor
10 Hodson also noted Congressman Sabo had agreed to be part of the golf outing and the parade.
11
12 Mayor Hodson thanked the Council and the Planning Commission for the work they had
13 accomplished. He also thanked the staff for their numerous hours of work. He appreciated the
14 enthusiasm to make the City a better, safer and more livable place.
15
16 Mayor Hodson encouraged all residents to sign up with block parties for National Night Out.
17
18 IX. INFORMATION AND ANNOUNCEMENTS.
19 None.
20
21 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
22 None.
0 XI. ADJOURNMENT.
25 Motion by Councilmember Faust to adjourn the meeting at 9:25 p.m.
26
27 Motion carried unanimously.
28
29 Respectfully submitted,
30
31
32 Marjorie R. Jenkins
33 TimeSaver Off Site Secretarial, Inc.
34
35 _ yo
36 ATTEST: u�
37 City Clerk
38
0