Loading...
HomeMy WebLinkAboutCC MINUTES 082320051 CITY OF ST. ANTHONY ? CITY COUNCIL REGULAR MEETING MINUTES AUGUST 23, 2005 4 5 CALL TO ORDER. 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 10 11 ROLL CALL. 12 Present: Mayor Faust; Councilmembers Gray, Horst, Stille, and Thuesen. 13 Absent: None. 14 Also Present: City Manager Mike Morrison and City Attorney Jerome Gilligan. 15 16 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 17 ITEMS. 18 19 I. APPROVAL OF AUGUST 23, 2005 CITY COUNCIL MEETING AGENDA. 20 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve the City 21 Council Meeting Agenda of August 23, 2005 with the removal of Item VI. A. Resolution 05 -063 22 which was requested to be removed from the agenda by the applicant. 23 24 Motion carried unanimously. 26 II. PROCLAMATIONS AND RECOGNITIONS. 27 None. 28 29 III. CONSENT AGENDA. 30 A. Consider August 9, 2005 Council meeting minutes. 31 B. Consider licenses and permits. 32 C. Consider payment of claims. 33 34 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the Consent 35 Agenda items. 36 37 Motion carried unanimously. 38 39 IV. PUBLIC HEARINGS. 40 None. 41 42 V. REPORTS FROM COMMISSION AND STAFF. 43 A. Presentation of History Research by Sarah Campbell, Intern 44 Mike Morrison introduced Sarah Campbell, Intern. Sarah is a graduate student at St. Thomas. 45 Her last day is tomorrow. 46 Ms. Campbell gave an overview of the information she covered in her time with the City. She 48 explained she is a graduate student in the history department at St. Thomas, with a focus on City Council Regular Meeting Minutes August 23, 2005 Page 2 architectural history. She noted the idea of the history research of St. Anthony was initiated by Mayor Faust. 4 Ms. Campbell said she began to form a collection of photos, which are now organized by street 5 address or property type. She said one of the most valuable sources was a public meeting held in 6 May. She met the Fire Chief at that meeting, who showed her the history of the Fire 7 Department. She added that she took a tour of the city, attended a Lions Club luncheon, went to 8 historical societies and visited public libraries. She talked with Florence Marks who talked of 9 her work with the cemetery. She said she learned more information through several churches in 10 the city. Throughout the process she kept an eye out for photos that demonstrated the city's 11 history. A series of oral histories by the former librarian was found. The oral histories provided 12 insight into the lives of St. Anthony residents. She found that dances were held on weekends, 13 and kids swam in Silver Lake. A tape by Russell Paul in 1988 described life in St. Anthony. 14 The Salvation Army camp is one of the most identifiable locations in the City. It was important 15 to residents in the early part of the twentieth century. She said she gathered names of more 16 people that may be interested in giving further oral histories. She noted there is a stack of photos 17 of pictures of houses that have not yet been identified. She suggested forming a local historical 18 society and indicated she received calls from interested residents for such a society. She thanked 19 the residents for their support. 20 21 Councilmember Horst asked when residents will be able to see the exhibit. Ms. Campbell 22 explained it will be a month or so after sending the project to a framer. LT Mayor Faust noted the city was incorporated in 1945. We are near losing oral histories and 25 pointed out that Ms. Campbell was good at getting the oral histories. 26 27 VI. REPORTS FROM PLANNING COMMISSION, DON JENSEN, PRESENTING. 28 A. Consider Resolution 05 -063. re: Adopt Variance to city ordinance to allow grills on 29 balconies at 2401 — 2407 39th Avenue and 2510 — 2550 38th Avenue. 30 Item was removed at the request of the applicant. 31 32 B. Consider Resolution 05 -064. re: Adopt Variance to side yard setback to install an egress 33 window at 2909 30th Avenue. 34 Commissioner Jensen said six members were present at the last Planning Commission meeting 35 and all motions relating to this item were either all in favor or all against. He said that the 36 resident provided testimony as far as suggestions for fencing. There was testimony from the Fire 37 Marshall regarding the safety concerns. This is an area of the Code that needed to have some 38 changes. However, approval was unanimously recommended. He suggested the 39 Councilmembers read the report if they desired more detail. 40 41 Mayor Faust asked if the Fire Chief's concerns were related to falling in the egress window. 42 Commissioner Jensen answered the neighbor's concerns were related to falling in. The Fire 43 Chief s concerns were for safety and he didn't share that same concern of falling in. 44 Commissioner Jensen explained the egress window is planned for the west side of the house. The Zoning Ordinance does not allow egress windows in the side yard setback. The owners City Council Regular Meeting Minutes August 23, 2005 Page 3 have considered putting the egress window on the front of the house; however a gas main enters the house there. The east end has the driveway. Mark Steadman, applicant, stated they believe they have arrested the concerns of the Planning Commission and are trying to address concerns of the neighbor. He said he had a safety perspective and he is trying to address storm water problems and the aesthetics perspective. The City and Planning Staff seem to be in favor. 9 Mayor Faust asked if he lived at this house. He answered he does not, but his daughter lives 10 there with a roommate. 11 12 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to adopt Resolution 05- 13 064, re: Approve variance to side yard setback to install an egress window at 2909 301" Avenue. 14 15 Councilmember Stille stated he is in favor of an egress window, but opposed to the way in which 16 we are doing this. Our hardship is that the house was built before the Zoning Code. He said he 17 does not like to rely on those types of findings. When the applicant purchased the house, he 18 knew the Code existed. The Code did not create the problem. If this variance is allowed, it sets 19 a precedence. He stated that having some sort of approval of a Conditional Use Permit would 20 make sense. Each house is different. We cannot require a fence to approve this variance. The 21 applicant made a good presentation and seems to be sincere. He said he has an issue with regard 22 to the hardship issue, given the circumstances, and the precedence being set. �+ Councilmember Horst stated in reviewing this case, it seems the Planning Commission and the 25 Fire Chief's primary concern was to have some type of egress in the house. It is now required in 26 the basements of houses by state code. He said the City should get the Ordinance changed to 27 allow these windows. The fact that setbacks have to be decided on is a problem with small lots. 28 Safety should be the concern. In newer homes this is a requirement, so we need to approve this 29 variance and get busy on the text amendment change. 30 31 Mayor Faust said he is against the variance for two reasons. One reason is what Councilmember 32 Stille mentioned regarding the fact that the owner knew the Code when he bought the house. 33 This may be for economic gain, and it causes economic opportunity when egress windows are 34 allowed. Another issue is that he said he is apprehensive about approving just one variance. If it 35 were done through Conditional Use applications, it would allow the opportunity to see how it 36 would apply to all instances. This is not a safety issue since no one is living in the basement, but 37 it could be in the future. 38 39 Councilmember Thuesen agreed with Councilmember Horst that the safety issues do need to be 40 considered. He stated that hearing the dialogue from Councilmember Stille and Mayor Faust, he 41 gets the sense that there would be a better way to go about this. If we deny this, it is not that the 42 applicant cannot come back and approach this in a different means. At this point, he said he is 43 inclined to agree with the Mayor and Councilmember Stille that we need to take a second look at 44 it. Councilmember Horst noted the Planning Commission had a lengthy discussion. Commissioner 47 Jensen confirmed. He said the Commission felt there were a number of encroachments that were City Council Regular Meeting Minutes August 23, 2005 Page 4 described in the Code. Stairs, eves and other projections from the house can come into that same space. The Code states if it was written at that time, then it was not allowed. It provides no 3 different an obstacle than other protrusions that are allowed. Window wells are an allowable 4 encroachment into a side yard. He said they felt it met the test of the Code. They felt the 5 findings were not a stretch. They did feel that it should be approved. 6 7 Councilmember Horst pointed out a lot of thought was given by the Commissioners, which we 8 asked them to do. He said the Council should be careful on making changes. However, this 9 adds value to the house. It is a safety issue, and it is a smart idea whether anyone lives in the 10 basement or not. 11 12 Mr. Steadman explained the basement is finished and there is a bedroom down there. It is used. 13 14 Councilmember Horst stated the hardship has always been the hardest to prove. He said the 15 Council should carefully look at what the Planning Commission has done before the Council 16 dismisses this. He said he is still in favor of approving the variance. 17 18 Mayor Faust reminded Councilmember Horst that when an egress window is added, it creates 19 another bedroom and that adds value. That is the reason the builders have put them in. He said 20 he doesn't disagree that we should have them, but he said he thinks it should be done in a 21 thoughtful manner. 22 Councilmember Stille said he is not against this kind of window. 25 Councilmember Gray stated he is inclined to agree with Councilmember Horst. When it is a 26 matter of safety, he said he doesn't see any reason to delay. It can increase the value. He said 27 the Council has to look at how they will allow these, and consider safety issues. The hardship 28 issue seems to be ever - changing, and he said he would like to see it more defined. He 29 commented he thinks this is important enough to go ahead and approve it. 30 31 Councilmember Thuesen commented he supports the applicant and the thought of safety. He 32 said he hopes if this is denied, the applicant will be willing to resubmit a plan. 33 34 Ayes — 2, Nays — 3 (Stille, Thuesen and Mayor Faust). Motion failed. 35 36 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to deny Resolution 05- 37 064, re: Approve variance to side yard setback to install an egress window at 2909 30th Avenue. 38 39 Ayes — 3, Nays — 2 (Horst and Gray). Motion carried. 40 41 C. Consider Resolution 05 -065, re: to amend section 1640.02 of the zoning ordinance to 42 allow catering/banquet activities as a conditional use in the industrial zoning district 43 Mr. Jenson reviewed the resolution with the Council and indicated that there was very little 44 discussion and it was approved unanimously at the Planning Commission meeting. City Council Regular Meeting Minutes August 23, 2005 Page 5 Mayor Faust confirmed that sections (h) "Assembly, meeting lodge, or convention halls" and (i) "catering operations cafeterias and delicatessens" were added to the text. This is a Conditional 3 Use Permit in the LI Zoning District. Mr. Jensen confirmed. 4 5 Mr. Momson noted that zoning text changes only require one reading. The applicant will still 6 have to submit an application for a Conditional Use Permit. 8 Mayor Faust asked if a liquor license would need to be issued if this text amendment is allowed. 9 Mr. Gilligan explained that as a catering operation they will have a liquor license through the 10 state. This would be outside the City's control. The City could put conditions on the license 11 through the Conditional Use Permit. 12 13 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 065, re: to Amend Section 1640.02 of the zoning Ordinance to allow catering/banquet activities 15 as a permitted Conditional Use in the Industrial Zoning District. 16 17 Motion carried unanimously. 18 19 D. Consider Resolution 05 -066, re: Adopt Variance for building setback Amcon St. 20 Anthony. 21 Commissioner Jensen reviewed items D., E., and F. with the Council and indicated that the 22 Planning Commission considered each item separately in their meeting. The Commission felt all requirements were met. �t 25 Mr. Paul Tucci, Oppidan, gave an overview of the request. He explained this is the revised site 26 plan from the last request. The building setback variance is requested because there are five feet 27 on the west comer and they would prefer to have twelve feet. The position of the building is 28 similar to the original approval, however this is a smaller building. One of the other requests is 29 in regard to the proximity of the restaurant to the residential area. The size of this building is the 30 same as the original request. They are asking for approval since the original approval has 31 expired. He noted they are also asking for a variance on the parking. He said they have a floor 32 plan for the restaurant that shows 161 seats. Previous approval of the 6,000 square foot 33 restaurant was with 27 parking spots. The square footage on this site is 1,500 square feet less 34 than it was of general retail. It is the same amount of restaurant square footage. He said he 35 wasn't clear on how the 27 parking spots were arrived at. 36 37 Mayor Faust noted the variances were withdrawn and the applicant denied the amendment to the 38 agreement. 39 40 Councilmember Stille asked if a rendering of what the building will look like has been 41 developed. 42 43 Mr. Tucci showed the four elevations. He said they have submitted to the City the photographs 44 of an existing building they will base this from. They eliminated the drive through and put in a door to access the proposed patio. The north elevation drew a great deal of discussion at the Planning Commission meeting due to the gateway from southbound. There were egress doors 47 but he said they will also put glass on the back that will be opaque. He explained that as people City Council Regular Meeting Minutes August 23, 2005 Page 6 are driving, they can see the light coming out, but won't be able to see in. The canopies will match as well as the wall sconces. It will give the feeling that it is a four -sided building. Mayor Faust noted that without the amendment to the Developer's Agreement, the variances are needless to approve. He stated these request should be held. The request for the Amendment to the Developer's Agreement, Item VII. A. must be moved up to the next item for discussion. 8 VII. GENERAL BUSINESS OF COUNCIL 9 A. Resolution 05 -069, Amendment to developer's agreement with Amcon St. Anthony. 10 Mr. Morrison explained a letter was presented to him before the meeting that states the applicant 11 will provide the City with $50,000 to amend the Agreement. He said he had a letter from legal 12 counsel that outlines the City's options. He noted eight resolutions were prepared for 13 consideration for this item. 14 15 Councilmember Horst questioned if the agreement is amended as stated, whether the developer 16 would have eight months to complete the project with the same kind of terms that the City would 17 take the property back if this provision isn't met. Mr. Morrison said this is something that could 18 be negotiated. It is not stated now. 19 20 Councilmember Horst said that based on the track record, it should be included. Mr. Morrison 21 said that if the Council chooses to proceed on that, it should be included in the motion and 22 specific terms should be noted. -4 Councilmember Gray asked for an explanation for the difference of $50,000 being offered now 25 and $150,000 offered in June to amend the agreement. Mr. Tucci explained in June they were 26 asking for a major modification. Now they are back to the originally approved plan, basically. 27 He said they had a discussion with Ehlers on the reduced tax amount to the City due to the 28 building size, and the impact was under $1,000 per year. They tried to estimate what the tax 29 implication was and determined the amount of $ 50,000. The taxes should have already been 30 paid for a year on this project. 31 32 Mr. Tucci explained in regards to landscaping with this building they have an integrated 33 landscape plan to integrate what the City will do in the right of way. At the Planning 34 Commission meeting, there was discussion that the developer needs to make sure the sidewalk 35 going around the building connects. That was left to discussion with Staff. He suggested that 36 Guy with Village Pub can explain further. He said they learned from the last proposal that this 37 body seems to have a preference to have the restaurant on the pad where it was first approved. 38 They also learned that the Council was concerned that it would become more of a pub at 3,500 39 square feet. At 6,000 square feet, it seemed too big for a restaurant, so they now arrived at a size 40 of 4,500 square feet. He said they will specify in the lease that a 50150 ratio of liquor and food 41 sales must be maintained. The architect is ready to start drawings tomorrow if this is approved. 42 He said he would like to begin the site prep work tomorrow. He noted the condition of having 43 the project complete in eight months was an oversight on his part. 44 Bob Foster, attorney for applicant and resident, said he asked Guy Peterson of Jackson Street Bar and Grill to attend the meeting. He invited Mr. Peterson to explain why it will be a 47 neighborhood restaurant rather than a bar. City Council Regular Meeting Minutes August 23, 2005 Page 7 Mr. Guy Peterson, applicant, said the restaurant will look more like an Applebee's. He noted that a 50% food/liquor ratio must be kept by St. Anthony ordinance. He said his goal is to have the building look like a restaurant and not a bar. 6 Councilmember Horst said he is concerned about it being in a shopping center location. In the 7 last discussion you were planning on a pub atmosphere. Now, it is planned to look more like an 8 Applebee's. He asked how he plans to accomplish that, and how much will be spent for the 9 interior improvements. Mr. Peterson responded the interior will cost approximately $300,000. 10 The bar seating is very small. The inside will be very open and lighted. He said by contrast, the 11 Jackson Street Bar & Grill has a long bar. He said they never proposed to put a Jackson Street 12 Bar & Grill there. He further noted they were limited to what they could put in the Jackson 13 Street Bar and Grill because it was an old hardware store. 14 15 Councilmember Horst said he was concerned that it should look people friendly. He said 16 $300,000 seems like a low budget. Mr. Peterson said he will do a lot of the work. He agreed the 17 amount is on the low end. He said he will do a lot of work themselves because they are also a 18 construction company. 19 20 Mr. Tucci added that Mr. Peterson's $300,000 is above what they are putting into the base 21 building. 22 Councilmember Horst asked if they have an idea of what the restaurant will look like. Mr. Tucci answered they do. The upgrading of the HVAC, electrical, etc. is all in the basic package. For 25 this type of operation, $300,000 is on the low side, but with Mr. Peterson doing their own work, 26 the amount is average. 27 28 Councilmember Horst said he was concerned that it will look cheap with cheap furnishings. Mr. 29 Peterson said the inside will be all wood. 30 31 Councilmember Horst said what he saw at the Jackson Street Bar and Grill is not up to the City's 32 standards. He said he wants to see this location be more upscale. 33 34 Mr. Peterson said there will be dark redwood inside and it will be a more upscale type restaurant. 35 He offered to provide samples. He added that the floor will be 12" x 12" ceramic tile. 36 37 Councilmember Gray pointed out that the proposal states the operator would have the option to 38 cancel the lease with the Sports Boosters if it drives the food ration below the 50% minimum. 39 Mr. Peterson said if they are under 50 %, they would not be operating. 40 41 Councilmember Gray asked how that would be determined. 42 43 Mr. Foster said it seemed clear that the concern was this be an upscale restaurant. He stated that 44 one of their concerns was that including the pull tab operation in there is historically in other - places more of a bar crowd than a restaurant crowd. He said their first priority is to have this be -.J a restaurant rather than a bar. If it is a successful pull tab operation, this may cause it to be more 47 of a bar than a restaurant. He said they were caught in a Catch -22. The priority will be to make City Council Regular Meeting Minutes August 23, 2005 Page 8 this a restaurant and as a result, they were concerned that the pull tab operation may suffer. He said they felt they had to choose to stress the restaurant. Mayor Faust said if this were the original plan we wouldn't be here discussing this. He said the Catch -22 is one they created. The developer brought that on themselves. 7 Mr. Foster said if this were a Spectators, in a lot of their locations, they are more of a bar than a 8 restaurant. In St. Anthony, they would not allow that. Many of those that play pull tabs are 9 more bar patrons than restaurant patrons. They had to meet the 50% food ratio. 10 11 Mayor Faust commented that restaurant operations at 6,000 square feet do not have the issue of 12 bar vs. food issues. 13 14 Councilmember Horst stated the issue of pull tabs seems to be unenforceable. He said the 15 applicant is stating intentions of making the bar sales secondary. The pull tabs will either be a 16 success or the Sports Boosters will find a different location. He questioned whether the fact that 17 pull tabs will be in the location is part of the agreement at all. 18 19 Mr. Tucci said he drafted that letter. He wanted to make the point that when he negotiates the 20 lease with the Sports Boosters, the option will be there in the event that it becomes an issue with 21 the owner, or the Council. He said they want this to be a restaurant first, and not a bar first. He 22 offered to change the language. n Councilmember Stille stated all Councilmembers are familiar with the Jackson Street Bar & Grill 25 in Anoka. He asked what other restaurants Mr. Peterson owned. Mr. Peterson replied they have 26 another restaurant and grill in Oak Grove. He stated they have not done anything like this 27 before, and they are trying to expand. 28 29 Mayor Faust asked if the basement is used at the Jackson Street Bar & Grill. Mr. Peterson said it 30 houses the office, walk in cooler, and the freezers. 31 32 Mayor Faust asked if the other bar they own is the SRO. Mr. Peterson confirmed it is. 33 34 Mayor Faust noted that all of Anoka County allows smoking. Hennepin County is having a 35 debate. Mayor Faust said he does like the fact that no smoking is allowed. He added that the 36 City may take up some kind of smoking ban if Hennepin County relents. However, he said he 37 doesn't see any sentiment to change to go to smoking now. 38 39 Mayor Faust indicated there are two proposals for the amendment; one to approve the change to 40 the Amendment and one to deny. 41 42 Discussion 43 Councilmember Horst stated the City has been working on this for almost two years. Amcon has 44 been a good partner in creating at least some activity and at least a start of what will be ^ redevelopment on this end of the city. He said he thinks it is time for this proposal, and it is one that we've wanted them to do all along except for the 1,500 feet. He said he thinks it is time this City Council Regular Meeting Minutes August 23, 2005 Page 9 project come to completion. He urged the Council to accept this Development Agreement change and work with Amcon in creating the shopping center. 3 4 Councilmember Stille related the story of Spectators in 2003. He said he has heard a lot of this 5 before as far as permits being applied for and the lease being almost ready to sign. He said he 6 would like to see what is out there in terms of options and opening up for a Request for Proposal. 7 He said the City has come this far and should see what other options are there. He is concerned 8 that the operator has not done this before, and is concerned it could revert back to a bar. He 9 would encourage this applicant to participate in the RFP. 10 11 Councilmember Thuesen said he was glad to hear this would be a neighborhood restaurant vs. a 12 neighborhood bar. He said this cannot be emphasized enough. The establishment being run in 13 Anoka is a different time and place, and he said he is willing to recognize that. He said he 14 believes the operator that wants to build this establishment understands what we are looking for. 15 This process to this point has been painful. He said he is leaning toward approving this 16 operation. He added that he thinks the potential is there for a neighborhood restaurant. 17 18 Councilmember Gray agreed with Councilmembers Horst and Thuesen; he said he thinks it is 19 time to get going. He said he likes the concept and believes it will be a good neighborhood 20. restaurant. This is within walking distance from many residential units and apartments. He 21 noted he has heard from apartment residents that they would like to have something to walk to. 22 The developer is willing to pay the difference on taxes, and he thinks the Council should proceed. 25 Mayor Faust indicated he did not feel an obligation to do anything for the sake of speed. He said 26 there is a reason there is a Developer's Agreement. We are at the 11 `h hour of the second 27 extension with the Developer's Agreement. He stated he didn't find that Amcon, or whomever 28 the operator is has been forthright with the Council. He said he would like to see what is out 29 there as well. He said he doesn't doubt Mr. Peterson's ability to do what he does. Jackson Street 30 Bar and Grill is a bar and SRO is a greater bar. He commented he heard that 6,000 square feet is 31 the size needed to run a restaurant with a liquor operation. He said he has been told that 32 Applebee's has a 6,000 square foot building. He indicated that 3,900 square feet on the main 33 floor plus a basement is used for the Jackson Street Bar, so it is evident he uses more than 4,500 34 square feet at that location. He also stated there has been time to provide sketches since June. 35 This Developer's Agreement has been trusted for two years. Now he said he would be inclined 36 to take possession of the land and would prefer to direct the City Attorney to do that. 37 38 Councilmember Horst noted that when this proposal was first created, it was because the City 39 went out for bids for proposals. No one came forward right away. The first company that came 40 forward was rejected due to a report by Ehlers. Ehlers found other developers that were 41 interested, including Amcon. Amcon is one of the top developers in the Cities and they are well 42 respected. He said he cannot explain the lack of communication in this project, but he said he 43 has faith in this operation. He said that if bids are requested again, there may not be a response, 44 and time will be wasted. He would like to keep this good partner. He said the City should stop adversarial looking at Amcon and work with them. .J City Council Regular Meeting Minutes August 23, 2005 Page 10 Mayor Faust said that the reason there is a Developer's Agreement is because it is adversarial by 1Z nature. He stated that we have not wasted time; they have. He said he is not willing to settle. 3 He added that it is a 6,000 square foot parcel by the Developer's Agreement and not 4,500 4 square feet. 6 Councilmember Stille said we could put the project back out there. The market may dictate that 7 a restaurant does not belong on that site. He said he would like to see what the market says. 9 Councilmember Horst said the fact that no one else wants to put a restaurant on that site doesn't 10 mean a restaurant doesn't belong there. It means to him that no one wants a 4,500 square foot 11 parcel. He said we have gone far down the road with this group; let them finish their work. 12 13 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 069, re: Amendment to the Development Agreement between City of St. Anthony and Amcon, 15 LLC. with payment of $50,000 to the City upon issuance of a permit. 16 17 Councilmember Thuesen requested clarification of the issue in front of them. 18 19 Mr. Tucci explained the $50,000 payment is upon execution of the amendment. He said they 20 would have approximately six weeks to file for a building permit and then eight months from the 21 approval of the permit to get the building done. If this is approved tonight, he said they are ready 22 to start the plans tomorrow. �+ Councilmember Horst asked if he was publicly stating that should this Developer's Agreement 25 be amended, he will lease this and it will work out. Mr. Peterson confirmed it will work out. 26 27 Mr. Morrison suggested specific dates be included in the Developer's Agreement. He reminded 28 the Council and the applicants that they must apply for a liquor license. 29 30 Councilmember Horst suggested removing the "whereas" point on the Resolution regarding the 31 pull tab operations. This point is in the Developer's Agreement. 32 33 Councilmember Stille raised the issue of the sixth "whereas" point regarding the issuance of 34 issuance of a building permit. Mr. Gilligan stated the building must have a certificate of 35 occupancy by June 1, 2006 and the Resolution should be changed to reflect this. 36 37 Ayes — 3, Nays — 2 (Stille and Mayor Faust). Motion carried. 38 39 D. Consider Resolution 05 -066, re: Adopt Variance for building setback Amcon St Anthony 40 (continued). 41 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution 42 05 -066, re: Approving a variance for building setback for the development located at 2900 43 Kenzie Terrace. 44 Ayes — 3, Nays — 2 (Stille and Mavor Faust). Motion carried. City Council Regular Meeting Minutes August 23, 2005 Page 11 Z E. Consider Resolution 05 -067. re: Variance for parking Amcon St. Anthony. 3 Motion by Councilmember Gray, seconded by Councilmember Horst, to adopt Resolution 05- 4 067, re: Approving a variance for parking for the development located at 2900 Kenzie Terrace. 5 6 Discussion: 7 Councilmember Horst pointed out was unanimously approved at the Planning Commission. He 8 said he doesn't know any reason to go against this particular resolution. 10 Ayes — 3. Nays — 2 (Stille and Mayor Faust). Motion carried. 11 12 13 F. Consider Resolution 05 -068. re: Conditional Use Permit for restaurant within 250 feet of 14 residential property at 2900 Kenzie Terrace/Highway 88. 15 Councilmember Stille asked for the attorney's thoughts on this issue. 16 17 Mr. Gilligan said he would check the statutes for the 60 -day rule. He noted the 60 days expire 18 September 7. 19 20 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 21 068, re: Approving a conditional use permit to allow a restaurant within 250 feet of a residential 22 property for the development located at 2714 Highway 88. -T Discussion 25 Councilmember Stille said there is a Developer's Agreement that has been approved. Since that 26 is the case, he said he believes the Council should move forward with the Conditional Use 27 Permit. It is difficult to regulate who goes into this. 28 29 Councilmember Horst noted the Conditional Use Permit was argued a long time at the Planning 30 Commission. They did make sure a lot of the conditions the City wanted to see were met. He 31 said he thinks it is the right thing to move forward. 32 33 Mayor Faust said he will vote more as a protest. He said the applicants should take that vote as a 34 lack of overwhelming confidence. The burden is on the developer to see this through. 35 36 Ayes — 4, Nays —1 (Mayor Faust). Motion carried. 37 38 B. Resolution 05 -070• Re: Approve the feasibility report for 2006 street improvements 39 Mr. Hubmer reviewed the streets to be improved. He noted storm water improvements are 40 proposed. The proposed project costs for 2006 street reconstruction are $1,132,000. The City 41 assessment roll is that 35% would be assessed to the property owners. Sanitary improvements 42 are assessed for $96,000, which would be a city expenditure. Total assessments will be 43 approximately $1.7 million for a total project cost. He went over the anticipated project 44 schedule. He said they anticipate holding a neighborhood meeting in September 2005 and receiving feedback. In October, he said they anticipate bringing plans back to the Council. The -,.., bids will be received in December, and brought to the Council for approval in January of 2006. 47 Construction will begin in May of 2006. Some final project work may be done in June 2007. City Council Regular Meeting Minutes August 23, 2005 Page 12 z Councilmember Thuesen questioned how it would be staged as far as phasing. Mr. Hubmer 3 explained he would like to complete the work on 291h Avenue first. It is a busy street and they 4 would like to keep the construction vehicles away from crossing this street continuously. There 5 are many accesses to Murry Ave. from other streets. 7 Councilmember Thuesen asked what the cost was of this year's project. Mr. Hubmer answered 8 they anticipated the cost to be approximately $ 1.9 million. He added that the length is less but 9 there were more substantial utility replacements. 10 11 Motion by Councilmember Gray seconded by Councilmember Stille to approve resolution 05- 12 070; re: A resolution receiving report and ordering plans and specifications. 13 14 Motion carried unanimously. 15 16 C. Resolution 05 -071: Change the regularly scheduled December Council meetings from 17 second and fourth Tuesday to the first and third Monday. 18 Mr. Morrison explained this is a resolution to change the meeting dates of the Council in 19 December to coincide with a Resolution that will be presented at the September 13 meeting. The 20 meetings must coincide with the Truth in Taxation hearings according to state mandate. 21 22 Motion by Councilmember Thuesen, seconded by Councilmember Horst, to approve Resolution 05 -071; re: A Resolution canceling the City Council meetings scheduled for the second and fourth Tuesday and replacing with the first and third Monday in the month of December. 25 26 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 27 City Manager Morrison reported the following: 28 • The St. Anthony Chamber will hold an event called Silver Lake Village October Fest on 29 October 8 from 3:00 to 9:00 p.m. They will request a liquor license for sales during this 30 time. The Chamber will pay for additional restroom facilities. 31 • The Park Commission is working with a consulting company for a feasibility study on 32 Emerald Park. They will likely hold a neighborhood meeting to solicit input. 33 • Negotiations have begun with Nextel on the water tower. There is a possibility of 34 $16,000 in annual revenue. 35 • Three public hearings in September for Planning Commission. 36 • The Fire Department is creating IDs to comply with the NIMS. He said the 37 Councilmembers must go to the Fire Station for their pictures. 38 • The Fire Department is planning a pancake breakfast on October 9. 39 • Public Works finished hydrant flushing and seal coating. 40 . Finance just completed an audit and will be getting a refund check based on being injury 41 free for the past year. 42 • Police interviews will be conducted Monday. 43 • Liquor sales are up at both stores. A4 Councilmember Horst asked if we have a planned date for completion of the current street 46 improvements. Mr. Hubmer answered 39`h Avenue is anticipated to be completed by the first of 47 October. The project is on schedule. City Council Regular Meeting Minutes August 23, 2005 Page 13 Z Mayor Faust suggested Mr. Morrison talk to the County Assessor's office regarding the going 3 rate for Nextel. 4 5 Councilmember Gray attended the Silver Lake Task Force meeting the previous night. He said 6 no one was in favor of a four -lane extension from Ramsey County, which is a concern that is 7 regularly brought up. Going forward, this will not be the assumption that it will happen. 9 Councilmember Horst attended the Silver Lake Task Force as well. He invited residents to bring 10 concerns to himself or Councilmember Gray. 11 12 Councilmember Stille had no report. 13 14 Councilmember Thuesen attended two Ramsey County Library Task Force meetings since the 15 last Council meeting. He said it was good that a Councilmember is on that task force. They tend 16 to forget that St. Anthony is part of Ramsey County. He said he thinks it is important that the 17 City have a say in this task force. There will be three town hall meetings: September 15, 18 September 20, and September 28. He recommended that a School Board Member attend these 19 meetings. He encouraged all residents of St. Anthony to attend. 20 21 Mayor Faust reported he attended an Association of Minnesota Municipalities. He also attended 22 the kick off of the Silver Lake Task Force the previous night. He noted Hennepin County Commissioner Stenglein was there. He said without him, this project would not be going forward. 25 26 VIII. COMMUNITY FORUM. 27 Mayor Faust invited residents to come forward at this time and address the Council on items that 28 are not on the regular agenda. 29 30 Hearing none, Mayor Faust moved forward with the agenda. 31 32 IX. INFORMATION AND ANNOUNCEMENTS. 33 Councilmember Stille stated he attended the fundraiser at Applebee's pancake breakfast. 34 Applebee's wishes to do this for more organizations. 35 36 Councilmember Stille noted Wilshire Auto Sales looks to be out of business and he thanked 37 Councilmember Gray for spearheading that. He thanked the Staff for assisting in that. 38 39 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 40 None. 41 42 XI. ADJOURNMENT. 43 Mayor Faust adjourned the meeting at 9:22 p.m. 44 .J 47 9 10 City Council Regular Meeting Minutes August 23, 2005 Page 14 Respectfully submitted, Chris Moksnes TinteSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor