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CC PACKET 10252011
H.R.A. Meeting immediately following regular meeting CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA October 25, 2011 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and i"ossible Action on .All of the fb11oHg5W r"terrxs: Approval of the October 25, 2011, City Council Meeting Agenda. (action requested.) I. Proclamations and Recognitions. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Counczlmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of October 11, 2011, Council Meeting Minutes. (pp. 1-6) B. Licenses and Permits. (p. 7) C. Claims. (pp. 8-10) D. Resolution 11-062; Calling for a Special Meeting of the St. Anthony Canvassing Board to Canvass the 2011 Municipal Election Results for November 16, 2011. (pp. 11-12) III. Public Hearing. IV. Reports from Commission and Staff. Don Jensen, Planning Commissioner is presenting. A. Resolution 11-063; To Approve a Conditional Use Permit for Mountain of Fire Miracle Ministry of Minnesota, 2824 — 2828 Anthony Lane S. (pp. 13- 26) B. Resolution 11-064; Approval of the Request for a Variance to Encroach into the Front Yard Setback at 3701 Chandler Drive. (pp. 27-41) C. Resolution 11-065; Approval of the Request for a Garage Setback Permit for 3205 — 361b Avenue NE (pp. 42-55) D. Resolution 11-066; Approval of a Garage Setback Permit and Variance Request for Garage Size at 3219 Stinson Boulevard (pp. 56-70) E. Resolution 11-067; Approval of the Request from Greg Kozulla, Kozulla & Associates for an Amendment to the St. Anthony Shopping Center PUD to Allow for Planned Renovations and the Sign Plan to Allow for the Modification of Existing Wall Signs (pp. 71-90) V. General Business of Council. A. Resolution 11-068; Calling for Public Hearing on the Capital Improvement Plan and the Issuance of capital Improvement Plan Bonds to Refund the 2003 HRA Lease Revenue Bonds. Stacie Kvilvang, Ehlers & Associates is presenting (pp. 91- 95) B. Resolution 11-069; To Approve a Request to Deep Chickens in an R-1 Zoning District (pp. 96-98) Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. VI. Reports from City Manager and Council members. VII. Community Forum. Individuals may address the City Council about ary item not included an the regular agenda. Speakers are requested to come to the podium, sign their name and address on the farm at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council mill not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to he scheduled on an upcoming agenda. VIII. Information and Announcements. IX. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11, 2011 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL. Present: Mayor Faust; Councilmembers Jenson, Roth, and Stille. Absent: Councilmember Gray. Also Present: Interim City Manager Jay Hartman and City Engineer Todd Hubmer. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF OCTOBER 11, 2011, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the City Council Meeting Agenda of October 11, 2011. Motion carried 4-0. II. PROCLAMATIONS AND RECOGNITIONS. None. III. CONSENT AGENDA. A. Consider September 27 2011, Council meeting minutes; B. Consider licenses and peimits� C. Consider payment of claims, and D. Consider Resolution 11 -061 • Appointing the Election Judges for 2011 Municipal General Election. Mayor Faust noted that Check #16005 in the amount of $8,798.16 under Consent Agenda III.C. needs to be removed and voided. Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve the Consent Agenda items, as amended. Motion carried 4-0. 11 City Council Regular Meeting Minutes October 11, 2011 Page 2 1 IV. PUBLIC HEARING 2 3 None. 4 5 V. REPORTS FROM COMMISSION AND STAFF. 6 7 None. 8 9 VI. GENERAL BUSINESS OF COUNCIL. 10 11 A. July 16, 2011 Flood Information presentation 'Todd Hubmer, City Engineer,.presenting. 12 13 City Engineer Hubmer presented an update regarding the July 16, 2011, flood event and stated 14 that the report is being prepared in collaboration with New Brighton City staff. He explained 15 that there are three Ramsey County ditches being reviewed, including Ditch No. 5, Ditch No. 3 16 which goes down Silver Lane and enters Ditch No. 5 at which point it turns into Ditch No. 2 17 which drains into Pike Lake on the north side of 694. Ile presented photographs taken of the 18 July 16°i flooding in both St. Anthony and New Brighton and provided an update on activities to 19 date, including completion of the Mirror Lake pond survey and televising of the storm sewers. 20 He stated they are currently working on rainfall analysis and modeling efforts and added that 21 they now have a detailed survey of the outlet structure. He indicated they are aware that Mirror 22 Lake spilled over the berm and found some settlement but nothing significant. He advised that 23 on the south end of the City, they have completed televising in the industrial park which includes 24 two drainage systems that drain to the back of the industrial park with most of the flooding 25 occurring in one particular building. He noted that this storm sewer was found to be clean and 26 functioning as intended, but the system that goes to the south is full of debris and they are in the 27 process of cleaning it out. Ile advised that they are looking at a hydraulic analysis for additional 28 storage to provide additional protection to the buildings between the cemetery and industrial 29 buildings. He discussed the televising done in the Mirror Lake area where it attaches to Silver 30 Lane and is the beginning of Ditch No. 3 and this was found to be clear of debris and in proper 31 working order. He provided information regarding the rainfall analysis for a 24 hour, 100 year 32 storm event, which showed that St. Anthony received a one hour equivalent of 3.3" and a 2.5 33 hour event was 3.9". He stated that the Fridley weather station reported 4.18" in 2.35 hours and 34 an additional 1.25" for a total of 4.53". He noted that another site in Fridley recorded 5.88" and 35 New Brighton recorded 3.75" in a 2.5 hour period. He indicated that because rainfall can be 36 variable, they are reviewing radar images over a 36 hour period showing the intensity of the rain 37 event and this data will be input into a model that will show actual performance of the system 38 over the entire watershed during the time of the storm. He advised that once modeling is 39 complete, they will begin to review next steps, complete the rainfall analysis, and evaluate the 40 performance of the system to see if there are any locations where the system did not perform as 41 designed. He stated they believe that one pipe in New Brighton may not have been in the best 42 condition and they intend to develop alternatives to improve flood protection levels to elevate 43 and increase protection. He added that their findings will be reviewed with the City and its 44 residents and they anticipate completion of the report sometime this winter. 45 City Council Regular Meeting Minutes October 11, 2011 Page 3 1 Councilmember Roth indicated that he did not see anything related to the flooding by Emerald 2 Park and a lot of residents received water in their basements in this area. 4 City Engineer Hubmer advised that they are aware of this area and have included it in their 5 review. 6 7 Councilmember Stille asked if other governmental agencies will be involved in this process. He 8 also asked if removal of the debris on the Hennepin County side might have helped or lessened 9 the impact of the flooding. 10 11 City Engineer Hubmer stated that they are currently working with the Rice Creek Watershed 12 District as well as County agencies and will be looking at various alternatives. He added that 13 they worked with other government agencies during the 1997 flooding and those agencies may 14 have the ability to assist if public improvements are needed, including the Department of Natural 15 Resources which may have grant mitigation funds available. He indicated that removal of the 16 debris will definitely assist in reducing the occurrence of flooding. 17 18 Councilmember Jenson requested further information regarding next steps and the timeframe for 19 bringing forth proposals. 20 21 City Engineer Hubmer replied they anticipate sitting down with City staff sometime in January 22 or February, once the models are run, to look at alternatives and evaluate the likelihood that 23 improvements can be constructed, as well as to review budget parameters, impacts to the 24 community, and available resources. 25 26 Mayor Faust invited residents to come forward with any questions. 27 28 Mr. Kevin Young, Mirror Lake Manor resident, appeared before the City Council and asked if 29 build-up of silt in Mirror Pond could have affected its capability to store water. He also 30 questioned whether he should consider rebuilding given the flooding that occurred in 1997 and 31 again in 2011. 32 33 City Engineer Hubmer stated that the 1997 flooding did not impact the condominium units. He 34 indicated that any decision to rebuild rests with the property owner. He explained that when they 35 look at flood storage capacity, they look at what is available from the bottom of the pipe and 36 Mirror Pond contains a large structure that flows into an 18" culvert that goes under the road. I -Ie 37 stated they are currently determining the highest water elevation and as long as silt has not 38 impeded the flow, the flood storage is sufficient. He added that there are a couple of options 39 they will consider, including possibly lowering the normal water elevation or increasing the 40 elevation in the berm to add some additional flood storage and protection. 41 42 Mayor Faust stated that the City is committed to doing the right thing to prevent this from 43 happening in the future and will garner all available resources to minimize cost to the public. 44 45 Ms. Myrna Doran, Mirror Lake resident, appeared before the City Council and stated she has 46 lived there since 1974 and they have had many rain events before but the flooding that occurred 3 City Council Regular Meeting Minutes October 11, 2011 Page 4 1 on July 16°i has never happened before. She hoped that some of the information gleaned from 2 this will show what happened and noted that they have been told the water purification plan is 3 not the cause. She added that they do not want to go through this again and this is a major 4 problem for their condos, especially the twelve owners directly impacted by the flood. 5 6 City Engineer Hubmer stated that they are committed to seeing if changes need to occur in the 7 watershed and all the cities involved are committed to making sure the system functions as 8 intended. 9 10 Ms. Deb Larson, Mirror Lake resident, appeared before the City Council and indicated that their 11 master policy premium for flood insurance is $45,000 per year. She stated that they received a 12 quote of $12,000 per building, so three buildings out of eighteen would be $36,000 and their 13 residents cannot afford that. She added they will urge residents to take their own flood insurance 14 to cover their losses, but the twelve property owners most impacted are looking at $30,000 out - 15 of -pocket because they had no flood coverage. 16 17 Ms. Stephanie Roepke, 3901 Foss Road, appeared before the City Council and stated that she 18 previously asked about the City offering low interest loans to residents and asked if this is 19 something that would be available. 20 21 Mayor Faust explained that the only thing available would be a Housing Improvement Area for 22 the condos that would provide funding for improvements to the common areas. He added this 23 would be a decision for the homeowner's association. 24 25 Ms. Mary Lynn Waterhouse, Mirror Lake resident, appeared before the City Council and 26 requested clarification of City Engineer Hubmer's statement that the Mirror Lake property is at 27 the head of the system. 28 29 City Engineer Hubmer explained that Mirror Pond itself overtopped, upstream from the condos, 30 and contributed water at an uncontrolled rate to the 48" pipe under the railroad tracks and could 31 have caused flooding. He added that the water along Highway 88 might also have backed up and 32 they are currently reviewing this to see how the system should have performed and where the 33 problem was that led to the flooding. He indicated if the problem was just rainfall, they can look 34 for a location to store this water in the future, similar to Silver Point Park. 35 36 Ms. Deb Larson, Mirror Lake resident, appeared before the City Council and noted that 37 witnesses said when Foss Road flooded, Mirror Lake was at its normal level and when Foss 38 Road receded, Mirror Lake flooded. She felt that Mirror Lake might have contributed but it was 39 after the fact. 40 41 Mayor Faust stated it is important to let the science and engineering lead the efforts in fixing the 42 problem and these efforts will take time. He asked for the public's continued feedback and 43 reiterated the City's commitment to resolve this issue. 44 45 46 City Council Regular Meeting Minutes October 11, 2011 Page 5 B. Presentation of the Third Quarter Goals Jay Hartman Interim City Manager, presenting_ Interim City Manager I lartman presented the third quarter goals update and stated that for the first quarter, progress was made on 16 action items and during the second quarter, progress was made on 26 action items. He advised that during the third quarter, progress has been made on the following goals: 8 • The single hauler discussion continues. 9 • The turf maintenance workshop was completed in July. 10 • Annual review of utility rates is ongoing through the end of the year. 11 • 39°i Avenue sidewalk was completed and bonds for the project were sold. 12 • Veteran's Memorial groundbreaking completed and a ribbon cutting ceremony is planned 13 for November 11, 2011. 14 • Farmer's Market was held at the shopping center this summer and will be held at City 15 Hall this winter. 16 • Staff is working with LaNel on a 100 -unit apartment development west of their current 17 location. 18 • Both liquor stores joined Facebook. 19 • Replacement of the siren system was completed. 20 • Transition plans are underway for replacing the Finance Director who will be retiring 21 January ls'. 22 • The feasibility report was accepted and plans and specifications were authorized for the 23 2012 levy and street improvement project. 24 25 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 26 27 Interim City Manager Hartman — No report. 28 29 Councilmember Jensen reported that the Historical Society is proposing to submit 3-5 St. 30 Anthony history books on a consignment basis. 31 32 Councilmember Roth — No report. 33 34 Councilmember Stille reported on his attendance at the following: 35 • October 5th lunch with several representatives from Finland, Germany, Hungary, and 36 Russia. 37 38 Mayor Faust — No report. 39 40 VIII. COMMUNITY FORUM. 41 42 Mayor Faust invited residents to come forward at this time and address the Council on items that 43 are not on the regular agenda. 44 45 Hearing none, Mayor Faust moved forward with the agenda 46 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 City Council Regular Meeting Minutes October 11, 2011 Page 6 IX. INFORMATION AND ANNOUNCEMENT'S. Mayor Faust indicated that Three Rivers Park District recently sent postcards inviting residents to stroll in the Three Rivers Park District and offering a 2 for 1 beverage coupon. He stated that the parks are a great asset to the City and residents can enjoy them from any place in the community. Councilmember Roth reminded residents of the fire Department Pancake Breakfast on Saturday, October 15°i, from 8:00-10:00 a.m. at Applebee's. He added that the money raised will be used to provide scholarships for students at the high school. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:56 p.m. Respectfiilly submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. A'r'I'BST: City Clerk Mayor Co Saint Anthony Village DATE: October 25, 2011 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: DMJ Asphalt, Buffalo, MN Grages Enterprises, Glencoe, MN Zebro Contracting Service, Ham Lake, MN Dean's Professional Plumbing Heating & Air, St Michael, MN Patton Heating, Cedar, MN Total Air, Minneapolis, MN Applicant: Twin Cities Transport & Recovery Location: 3201 Stinson Blvd Applicant: Autumn Woods Location: 2600 Kenzie Ter Applicant: Jeff Barber Location: 4104 — 4106 Silver Lake Rd 7 US BANK ST, ANTHONY VILLAGE CHECK REGISTER VENDOR PAYEE CHECK ft DATE AMOUNT 9523 NORTHSTAR INSEPCTION SERVICES 16087 10/6/2011 $8,798.16 20 AA BATTERY CO 16091 10/26/2011 $8.02 9923 AB HARDSCAPE, INC. 16092 10/26/2011 $2,293.85 9761 AMERICAN BOTTLING COMPANY 16093 10/26/2011 $112.80 8450 ANIMAL CONTROL SERVICES, 16094 10/26/2011 $254.00 9924 ANOKA COUNTY SHERIFF'S OFFICE 16095 10/26/2011 $684.00 4687 ASPEN WASTE SYSTEMS INC 16096 10/26/2011 $78.51 9925 AUTIO/CHUCK 16097 10/26/2011 $192.03 3714 B & F FASTENER SUPPLY 16098 10/26/2011 $6.64 9796 BEARENCE MANAGEMENT GROUP 16099 10/26/2011 $2,125.00 4293 BELLBOY CORP. 16100 10/26/2011 $19,873.37 9778 BERNICK'S 16101 10/26/2011 $964.27 9060 BLAINE LOCK & SAFE INC. 16102 10/26/2011 $164.73 8734 BOSTON MEDICAL CORPORATION 16103 10/26/2011 $93.90 7168 BOYER TRUCKS, INC. 16104 10/26/2011 $297.01 7253 BRAKE & EQUIPMENT WAREHOUSE 16105 10/26/2011 $297.70 9922 BUREAU OF CRIM APPREHENSION 16106 10/26/2011 $510.00 4231 CAPITOL BEVERAGE SALES 16107 10/26/2011 $15,110.15 610 CATCO 16108 10/26/2011 $228.37 2380 CENTERPOINT ENERGY 16109 10/26/2011 $793.27 9907 CENTURYLINK 16110 10/26/2011 $694.66 4080 CHISAGO LAKES DISTRIBUTING 16111 10/26/2011 $3,927.15 9056 CITY OF ROSEVILLE 16112 10/26/2011 $5,277.57 8275 CITY OF ST. PAUL 16113 10/26/2011 $880.34 8814 CITY WIDE WINDOW SERVICE 16114 10/26/2011 $16.03 4786 CLEAN CONSTRUCTION & BUILDING 16115 10/26/2011 $2,746.24 9321 COMMERCIAL TRUCK & TRAIL 16116 10/26/2011 $341.51 9820 CRYSTAL SPRINGS ICE 16117 10/26/2011 $221.31 8557 DAILEY DATA & ASSOCIATES 16118 10/26/2011 $339.15 4110 DICKSON ELECTRIC 16119 10/26/2011 $637.00 7371 DISCOUNT STEEL, INC. 16120 10/26/2011 $88.76 9061 EMERGENCY AUTOMOTIVE TECH 16121 10/26/2011 $4,278.28 8697 EXTREME BEVERAGE 16122 10/26/2011 $427.50 9748 FAIRS GARDEN CENTER 16123 10/26/2011 $1,138.22 9798 FERGUSON WATERWORKS 16124 10/26/2011 $66.54 9055 FREEWAY TOWING 16125 10/26/2011 $424.20 9236 FSH COMMUNICATIONS 16126 10/26/2011 $64.13 1030 G & KSERVICES INC 16127 10/26/2011 $674.00 1180 GOODIN COMPANY 16128 10/26/2011 $58.34 9854 GOPHER STATE ONE CALL 16129 10/26/2011 $333.40 4172 GRAPE BEGINNINGS, INC. 16130 10/26/2011 $994.25 8951 HAMLINE UNIVERSITY 16131 10/26/2011 $1,300.00 9169 HARBOR FREIGHT TOOLS 16132 10/26/2011 $20.26 1420 HAWKINS, INC 16133 10/26/2011 $1,380.76 8944 HENN CNTY INFO TECH DEPT 16134 10/26/2011 $2,726.66 2 US BANK VENDOR 4207 8252 8658 8035 4125 4220 9917 .00364 9351 2040 8229 9114 2100 8467 2280 2374 9195 9735 2395 8883 5294 9272 45 9615 4354 9563 4360 4361 8893 4785 9920 4385 9550 9384 9119 9127 8983 9843 1810 4787 3490 8872 4780 8457 9842 ST. ANTHONY VILLAGE CHECK REGISTER HOHENSTEIN'S, INC HOME DEPOT CREDIT SERVICES INSTRUMENTAL RESEARCH, INC INTERNATIONAL PUBLIC JJ TAYLOR DISTRIBUTING JOHNSON BROTHERS LIQUOR KIELB/KATIE KRIPOTOS/JOHN LANGUAGE LINE SERVICES LILLIE SUBURBAN NEWSPAPER LOFFLER BUSINESS SYSTEMS M. AMUNDSON LLP MACQUEEN EQUIPMENT CO MIDWAY FORD MIDWEST ASPHALT CORP MINNESOTA UI FUND MISTER CAR WASH MN STATE COLLEGE & UNIVERSITY MTI DISTRIBUTING, INC NEW FRANCE WINE COMPANY NORSK CONCRETE NORTHERN FACTORY SALES INC OFFICE DEPOT PAETEC PAUSTIS & SONS PETTY CASH - U.S. BANK PHILLIPS WINE & SPIRITS PINNACLE DIST. PLEAA ATTN: J. FORBORD PODS PRESTIGE CONCRETE QUALITY WINE CO RAMSEY COUNTY RAMY TURF PRODUCTS RECHECK SIMPLEXGRINNELL SOULO DESIGN, INC SOUTHERN WINE & SPIRITS ST. ANTHONY VILLAGE KIWANIS STEPHANIE BEYER STREICHER'S SUCIU/BARB SURLY BREWING CO SWEEPER SERVICES TASC CHECK # DATE AMOUNT 16135 10/26/2011 $6,149.25 16136 10/26/2011 $478.94 16137 10/26/2011 $85.50 16138 10/26/2011 $165.00 16139 10/26/2011 $32,346.50 16140 10/26/2011 $53,498.39 16141 10/26/2011 $30.17 16142 10/26/2011 $94.50 16143 10/26/2011 $22.95 16144 10/26/2011 $885.00 16145 10/26/2011 $1,168.12 16146 10/26/2011 $3,141.18 16147 10/26/2011 $23.54 16148 10/26/2011 $94.01 16149 10/26/2011 $349.98 16150 10/26/2011 $265.92 16151 10/26/2011 $136.45 16152 10/26/2011 $100.00 16153 10/26/2011 $472.39 16154 10/26/2011 $167.00 16155 10/26/2011 $5,850.00 16156 10/26/2011 $183.00 16157 10/26/2011 $269.62 16158 10/26/2011 $102.04 16159 10/26/2011 $9,298.58 16160 10/26/2011 $147.66 16161 10/26/2011 $19,858.21 16162 10/26/2011 $280.00 16163 10/26/2011 $50.00 16164 10/26/2011 $70.75 16165 10/26/2011 $2,130.00 16166 10/26/2011 $36,075.25 16167 10/26/2011 $2,460.00 16168 10/26/2011 $14.43 16169 10/26/2011 $15.00 16170 10/26/2011 $406.00 16171 10/26/2011 $100.00 16172 10/26/2011 $7,241.52 16173 10/26/2011 $76.00 16174 10/26/2011 $250.00 16175 10/26/2011 $60.85 16176 10/26/2011 $32.75 16177 10/26/2011 $1,466.00 16178 10/26/2011 $137.24 16179 10/26/2011 $100.00 w US BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR PAYEE CHECK# DATE AMOUNT 9774 TERMINAL SUPPLY CO. 16180 10/26/2011 $58.63 7337 TIMESAVER OFF SITE SECRETARIAL 16181 10/26/2011 $394.50 3560 TRACY PRINTING 16182 10/26/2011 $1,577.47 9410 TRUCK UTILITIES INC 16183 10/26/2011 $219.01 9590 U.S. BANK (PURCHASING CARD) 16184 10/26/2011 $1,347.67 8336 UNITED ELECTRIC COMPANY 16185 10/26/2011 $78.37 8270 UNITED STATES POSTAL SERVICE 16186 10/26/2011 $700.00 9166 UNIVERSITY OF MINNESOTA 16187 10/26/2011 $590.00 8227 VERIZO N WIRELESS 16188 10/26/2011 $319.18 8388 W. W. GOETSCH ASSOCIATES 16189 10/26/2011 $1,188.69 9702 W.D. LARSON COMPANIES LT 16190 10/26/2011 $14.95 9366 WAL-MART BUSINESS CENTER 16191 10/26/2011 $56.33 8316 WINE COMPANY/THE 16192 10/26/2011 $2,768.30 8310 WINE MERCHANTS INC 16193 10/26/2011 $818.39 9364 WIRELESS WORLD 16194 10/26/2011 $64.66 4175 WIRTZ BEVERAGE - (GRIGGS) 16195 10/26/2011 $53,831.47 9734 WIRTZ BEVERAGE MINNESOTA 16196 10/26/2011 $24,655.88 8273 WSB & ASSOCIATES, INC. 16197 10/26/2011 $40,105.50 2680 XCEL ENERGY 16198 10/26/2011 $13,458.05 9711 Z WINES USA LLC 16199 10/26/2011 $1,234.00 TOTAL $411,772.78 10 11 Cal Report Date: Meeting Date: .RE2-kFST-F0K CO! ( 10IL CONSlD�7Z�177ON October 25, 2011 October 25, 2011 Agenda Section: III. D. ITEM DESCRIPTION: Resolution 11-062; Calling for a Special Meeting of the St. Anthony Canvassing Board to Canvass the Results of the 2011 Municipal Election. REVIEW: In 2010, the legislative session passed several bill amendments relating to election reform. One of the amendments was to MN State Statute 205.185 subd. 3. This amendment changed the dates in which the governing body can canvass the results of an election from within seven days after an election to between the third and tenth days after an election. Because the City Council holds their regularly scheduled meetings on the second and fourth Tuesday of the month, the City Council will need to hold a special meeting. This special meeting will be held on November 16, 2011 at 5:30 pm. Barb Suciu City Clerk Attachments: • Resolution 11-062; Calling for a Special Meeting of the St. Anthony Canvassing Board to Canvass the Results of the 2011 Municipal Election, FACounciI Meetiogs\2011\10252011\staff canvassing board meeting.doo CITY OF ST. ANTHONY RESOLUTION 11-062 A RESOLUTION CALLING FOR A SPECIAL MEETING OF THE ST. ANTHONY CANVASSING BOARD TO CANVASS THE RESULTS OF THE 2011 MUNICIPAL ELECTION ON NOVEMBER 16, 2011 WHEREAS, the City Council meets regularly on the second and fourth Tuesday of each month; and WHEREAS, in accordance with MN §205.185 subd. 3; the governing body is required to canvass the returns from the 2011 Municipal Election between the third and tenth days after the election; and WHEREAS, this timeline indicates the meeting dates need to be between November 14, 2011. and November 18, 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby calls for a special meeting of the St. Anthony Canvassing Board to canvass the results of the 2011 Municipal Election on November 16, 2011 at 5:30 pm. Adopted this 25th day of October, 2011 ATTEST: City Clerk Review for Administration: Mayor Interim City Manager 12 STAFF REPORT To: Mayor and City Council Jay Hartman, Interim City Manager From: Kim Moore -Sykes, Assistant City Manager Date: October 25, 2011 Subject: 2824 - 2828 Anthony Lane South; LI CUP for Mountain of Fire Miracles Ministry Requested Action: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: City Council Approval August 17, 2011 2824 - 2828 Anthony Lane Light Industrial October 17, 2011; December 7, 2011 Yes Yes Date Sent: 10/5/2011 No Background. The property at 2824 and 2828 Anthony Lane South is currently zoned Light Industrial and was built in 1978 as a part of the original St. Anthony Office Park. The purpose of the Light Industrial District is to designate areas for, and regulate the development of, light industry. Areas are designated as light industrial due to the proximity of high capacity roadways or rail facilities and existing development are regulated to enhance the compatibility of light industrial uses and uses within the commercial. Subsection 152.141 lists the permitted uses, which are light industrial in nature and 152.142 lists permitted conditional uses and these are uses that are only allowed by the approval of City Council as a conditional use permit. Mr. Tom Baker, KW Commercial, and the applicant are requesting a Conditional Use Permit for 2824 and 2828 Anthony Lane South to use the property as an assembly place for members of the Mountain of Fire Miracles Ministry, a Christian denomination based in Houston, TX, as allowed by Subsection 152.142, (G), with Council approval. Mr. Baker reported that this group plans to use the building mostly on Sundays and some week nights. He indicated that these times of use would not impact the surrounding properties as they are not generally open for business on Sundays or week nights. Staff has contacted the Fire Department to advise staff on any fire suppression needs for a potential occupancy of up to 200 people. This number was determined based on the information provided by Preliminary Furniture Plan and conversations with Mr. Baker. The Fire Department indicated that the 13 building had recently been renovated and as a result, it is sprinkled in the large, open areas but may need to 14 be alarmed in the office areas. Mr. Baker advised Staff that the Ministry would have adequate parking for their members. Staff counted 70 parking spaces on the subject property from a site plan that was submitted by the applicants as part of their application submission. The City's zoning code for parking (152.178(5) (g)) for Light Industrial District requires 1 parking space for every 1,000 SF of building floor area, which is 14 spaces. Staff reviewed the code for parking required for similar uses, which are churches and clubs. The parking requirement for these uses is the total designated seating capacity of the structure divided by 2.5. The seating capacity as noted on the site plan is 210 and doing the computation gives the site the minimum of 84 parking spaces; short by 14 parking spaces. Mr. Baker stated that the membership would never be more than 175 members, stating that 70 parking spaces are adequate. The Planning Commission suggested that the pastor meet with neighboring properties to secure an agreement to be able to use adjacent parking areas as overflow. Staff has received calls from one of the tenants at 2824 - 2828 Anthony Lane South for status updates on the disposition of this application. The caller, who works for the University of Minnesota, has requested that Staff keep them updated on the status because if the City approves the Mountain of Fire Miracles Ministry's application and the sale goes through, they will be required by law to find another place to rent. A neighboring property owner called to say he is concerned that the proposed buyer will not have enough parking for their congregation. Attachments. • Application • Written Statement from Pastor Nnaemeka C. Uchegbu • Floor Plan • Site Plan Resolution 11-063; Approval of a Conditional Use Permit for Mountain of Fire Miracle Ministries of Minnesota, 2824 &2828 Anthony Lane South. s if 15 3301 Silver Lake Road • St. Anthony, MN 55418 • (p) 512.782.3301 • (f) 612.782.3302 www.ci.saint-antliony.nin.us CONDITIONAL USE PERMIT APPLICATION A. GENERAL DATA $130 Conditional Use Permit Fee NAME OF APPLICANT: MOt-t -J 1g1KJ Dr— � t�� �y, j�a.G�F5 rn101S77?_ j MQ HQ The above-named individual, firm or corporation hereby respectfully submits the following data in support of the preliminary information provided on the accompanying zoning application summary from dated for the purpose of securing a Conditional Use Permit. CONTACT PERSON: PROPERTY ADDRESS: 1.1 First 6 1.; ' 1�3;)_ 9 - Daytime Phone Number Si ,4K r PROJECT INFORMATION 1. Specify the section of the ordinance which applies to this project: 2. Brief narrative description of this request and address each of the following items as they relate to your project: a.) The use is one of the conditional uses specifically listed for the zoning district in which the property is located; b.) The City Council specify conditions that it deems necessary to make the use compatible with other uses in the area; C.) `Phe use will not be detrimental to the health, safely, or general welfare of the persons residing or working in the vicinity or to the values of property in the vicinity; d.) The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Written justification for the request, including discussion of how any potential conflicts with existing nearby land uses will be minimized: 3. Check all additional supporting documents and data which are being submitted to help explain this project proposal: ❑ site plan ❑ topographic map ❑ detailed narrative ❑ operation plans ❑ engineering plans ❑ landscaping plans ❑ elevations I hereby certify with my signature thatV111clAtacation forms, plans and specifications the best of my knowledge: Signature oTr nt F:APlamring\Forms\2005 CUP Application hrfor nation.doc and con ect to 08*0-11 *1 3%0;@@ N Print - Maps tDlr-'Kg Maps On the cc? Use mbIng.com (a fin.- maps, directians, busmesses, On m. -re 4iAA-X Ldjt.� Page I of 1 16 http://www.bing.com/maps/print.aspx?mkt=en-us&z--1 8&s=h&cp=45.019230,-93.210195&pt--Pb 10/6/2011 17 May 13, 2011 Ms. Kim Moore -Sykes Saint Anthony Village 3301 St. Anthony Road St. Anthony, MN 55418 Dear Ms. Moore -Sykes: We appreciate the City of St. Anthony reviewing the conditional use permit application for Mountain of Fire Miracles Ministry in the use of the property at 2a�4-2' 28 Anthony Lane. The reason for the conditional use permit is for the church to purchase and make use of a minimally leased office/industrial building in southern St. Anthony. This is in an area of industrial/office use with some other uses that have required a conditional use, such as a daycare. The property currently has two tenants and is 26% leased. The building value has dropped by 52% from the purchase in 2005. The church is negotiating final terms of a purchase agreement which is based on receiving the Conditional Use Permit from the City of St. Anthony. The church will allow the two tenants to stay in the building, at their option, but does not plan to lease any space in the building after these tenants vacate. Mountain of Fire Miracles Ministry is a Christian Church with a national headquarters in Houston. The church would have the highest use of the property when the majority of the other businesses are closed or operating minimally. The church would use the building for Sunday services with smaller groups through the week. The church has normal attendance of 150-165 at the Sunday service. The current on site parking will handle parking for 170. The removal of 13,595 square feet of vacant space will allow the vacancy factor for the city to be favorably adjusted. The weekend use will provide activity in the area when other businesses are closed. This will be an excellent use of the building in an area bordered by industrial, retail and cemetery uses. We appreciate your consideration of the application for a Conditional Use Permit and look forward to working with the city staff on this process. Sincerely, �4l Pastor Nnaemeka C. Uchegbu Gain o^uy ilia the C' 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us October 5, 2011 Mr. Nnaemeka C. Uchegbu, Pastor C/O Mr. Tom Baker, CCIM 3464 Washington Drive, #100 Eagan, MN 55122 RE: 2824 and 2828 Anthony Lane S. Dear Pastor Uchegbu: Minnesota State Statutes require that any land use or zoning -related application be approved or denied by the governing body within 60 days of receipt of the completed application by the political subdivision. The statute also allows for the City to extend the 60 day rule by an additional 60 days when circumstances require an extension and that extension must be conveyed to the applicant in writing. To be in compliance with this statute, the City is sending you this letter to advise you that consideration of your application will require an additional 60 days to complete. Your application was accepted by City staff on August 17, 2011, which requires the City to render a decision on your application by October 16, 2011. Your request for a Conditional Use Permit will be heard in Public Hearing on October 18, two days after the 60 -day rule expires. Since the Planning Commission meets only once a month, the City is extending the 60 -Day Rule so that your application will be heard at a Public Hearing before the Planning Commission on October 18, 2011 and a decision can be made on your request at the City Council meeting on October 25, 2011. Your presence or that of your representative is required at both of these meetings. If you or your representative are not present at or are unable to attend the Planning Commission meeting on the above -referenced date, the Planning Commission will automatically table your request until their next meeting. If you have questions or concerns regarding this process or your application, please feel free to contact me at 612-782-3312. Sincerely, Kim Moore -Sykes Assistant City Manager Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. im CITY OF ST. ANTHONY VILLAGE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, October 18, 2011 at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers of the City ball, 3301 Silver Lake Road, for the following purpose: Petitioner: Mountain of Fire Miracles Ministries Subject Property: 2824 & 2828 Anthony Lane S Request: Conditional Use Permit for Assembly Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Assistant City Manager at 612-782- 3312. Auxiliary hearing aids are available upon request with advanced notice. Please call the City Clerk at 612-782-3312 to make arrangements. Kim Moore -Sykes Assistant City Manager Publish: St. Anthony Bulletin October 12, 2011 19 D►DDD - g°' -o° zo cu � � O c o rn D m � ti O z (MOD O O C. 6 p6uo luy ZBZ 90U P d >Z -n N P. D� n �z 3 �rn 3 3 zCOD « N D rnmmn � Q xQ) 7_ orn —Z m FFLE-6 (NleDz, ��c, iC cN,-- �y NERIFO N Z � X Z QI Q { z Z Q � 3 Z(VERIFY) cn Z (— rnz N rn Orn o (NMI C) CI1 � O la N O J O M n cn N wizO � zAr m DDDDD 80`0" 21 � � D W � IP II II II Q n� (73 Nm I� 20 7J lP 20 { -0 i11 i�111r, II z y , NO I � N ON 54P x Uo I v Z9Z 9011 -- IL — -- — -� — mL'.�I i L �] i7 LL =_._________ z -n N ZNI n v z �J I z 3 3 _ <� �� rn = < n N D D <7 — � I� 7CpA �e N � Z M z j 00 ELEG o i� N v' rn c II W y �- u I II O O_ n MT W I O O I I W j U_\ ,, II II �A� 7u D Z S Z -i -�i U,\ LOJI II II , r-1 Lc�jINI r -1 it D i-�-i ' 1 II II CNJ1 IOI 9 rn O Mi-�y O 111 L J II iy J ('Nr �__ L I� IU I N J II O D p rn r' v IT II II N -a- o Orn MT rn N � Bio n�� Y �Am DDDDD(p �� y, 22 i \ \ \ 7 { ) 0 �� l Nk/ / m >\\ƒ \ \ 2»»c G ® ~ { \ &+ ^-- «KITCHEN - G ® - w �, /J- \ z 3 �©_ - %/ �/ ® > ~~ a »> / \\\ 2y %(� !ae ` \ X ! \ / �E °° Sl CO }� > §\ mGd9 FOUTH \y/m y>> y \3Oq70 \g yy 9/m\ Z / mu / G COAT`t ze y O > "\ > I- y N /% % \/ \»w 2> ) G\ mcyl a m _ >\ 2 } ^\ \ i/ ,$G 7 I � DDDD ao'-o" 23 � D y z c o c o c o 0 o a -� �7 O DIL D O O N O O n z z3 O O 1O rn 6 P'Ruo 1W ZBZ 9011 OF -10 0 10 070 > Z 7 N O N z Z � i Z 3 r -Tri_--- Cll Viz T- anurz�___ z STORAGE KTGNEN 3 a, 9 � rn PS z C3, -K 3- oo a D N rn O L=LF_G rn U u a , wrn MAI s r _ 6onT5 r' D rn 70 �o n 071771 > QO rn ON�K-a rn QP 3 70 o r-=yJJj d O YOUTH O 7— Zm > 7 g YOUTH n z -00 A p T> uj ZF- > YOUTH Y > m Z � � �- YOUTH rn O rn ❑❑❑ —{ O L AT5 70 +�111A1 I+I#+If C O O a ro O 031+0+{Ix+ N O U, T—I T z N O D p C o nN f O O J O rn %J N> L� rn� = m rn rn D= a z O n, o Wo ➢� rn zAZ �7i on � EX15TINO EXISTINO PARKINO IL � � 25 CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-063 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR MOUNTAIN OF FIRE MIRACLES MINISTRY OF MINNESOTA, 2824 & 2828 ANTHONY LANE SOUTH WHEREAS, Mr. Nnaemeka C. Uchegbu is the pastor of the Mountain of Fire Miracles Ministry of Minnesota that is based in Houston, TX; and WHEREAS, The Mountain of Fire Miracles Ministry of Minnesota is looking to purchase the property at 2824 - 2828 Anthony Lane S property to use as an assembly space for their members; and WHEREAS, Mr. Tom Baker, KW Commercial contacted City Staff to apply for a Conditional Use Permit (CUP) and scheduled a Concept Review before the Planning Commission; and WHEREAS, A Public Hearing was held at the regularly scheduled October 18, 2011 Planning Commission meeting, considering if the application received from The Mountain of Fire Miracles Ministry of Minnesota for a Conditional Use Permit as allowed at 152.142 (G) of the City's Zoning Code; and WHEREAS, No one appeared before the Planning Commission in opposition to the application for the Conditional Use Permit for the Mountain of Fire Miracles Ministry. Staff reported that they had received calls from one of the tenants and a neighboring property owner, who was concerned about their parking situation; and WHEREAS, Mr. Baker indicated he had received no complaints regarding their parking situation. He explained that there would be no more than 175 people at any given time and their 70 parking spaces are adequate. Staff confirmed that statement by counting the existing parking spaces and calculating the minimum spaces required for the site according to the City Ordinance for churches; and WHEREAS, The Planning Commission found that the hours of operation were not disruptive and parking for the members was sufficient; and WHEREAS, The Planning Commission determined that the Mountain of Fire Miracles Ministry of Minnesota's use of the subject location met the criteria as specified in the City Code's Zoning Ordinance: 1. The requested conditional use is one of the Permitted Conditional Uses specifically listed for the zoning district; 2. That the requested conditional use permit will not be detrimental to health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the area. 3. The requested Conditional Use Permit is considered necessary or desirable at the subject location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and 4. One hundred seventy-five members will be the maximum occupancy for the site; and 5. That their parking with not negatively impact neighboring properties and they will contact neighboring properties to gain prior permission to use neighboring lots for overflow parking; and 6. The Mountain of Fire Miracles Ministry of Minnesota receives an occupancy permit from the Fire Department and Building Inspector, as appropriate. NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony has completed its Consideration of the request for approval of a Conditional Use Permit for the Mountain of Fire Miracles Ministry of Minnesota to provide a place of assembly and do hereby Approve this Conditional Use Permit request from Mr. Nnaemeka C. Uchegbu, Pastor, dated October 25, 2011. Adopted this 25th day of October, 2011 ATTEST: City Clerk Review for Administration: Mayor Interim City Manager 26 STAFF REPORT To: Mayor and City Council Jay Hartman, Interim City Manager From: Kim Moore -Sykes, Assistant City Manager Date: October 25, 2011 Subject: 3701 Chandler Drive — 25' Variance to Front Yard Setback Requested Action: Date Aoolication Received: Propetty Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: City Council Approval September 27, 2011 3701 Chandler Drive R-4 November 25, 2011 Yes Date Sent: No X Background. Staff met with Mr. Alan Plutowski, Trossen Wright Plutowski Architects, PA, to discuss a renovation project at Chandler Place. The property owners are proposing to construct a Porte cochere to provide a canopy over the drop-off area at the main entrance to the facility for the safety and convenience of the residents and visitors. Because the building is built up to the property line, the property owners are seeking a twenty-five (25) foot variance in order to move forward with this proposal. The City Code states that the front yard setback for an R-4 principal structure is thirty (30) feet from the property line. Staff reviewed the property file and found that Chandler Place was built in 1966, ten years before the City codified its Zoning Ordinance. Since there were no regulations in place to prevent the owners at the time from building at the property line, the current owners have a practical difficulty if they want to build a porte cochere and are required to seek a variance for their project. Anal stets: The property owners are responsible for demonstrating why the strict enforcement of the Ordinance would cause practical difficulties for them by preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property and not created by the landowner; that the variance if granted, will not alter the essential character of the locality; and that economic considerations alone are not the basis of the practical difficulties (City Code §152.245(C)). In the written statement from the applicant, Mr. Dan Cayemburg, the project manager for Chandler Place, stated that strict enforcement of the front yard setback would allow an issue of safety to continue to exist for P:\Council Meetings\2011\10252011\Stafi3701 Chandler Dr frontyard setback variaacc.doc8taff3701 Chandler Dr front yard setback variance 27 the residents and visitors of Chandler Place during inclement weather. Mr. Cayemberg further states that 28 the granting of the variance to allow the porte-cochere will give protected ingress and egress to the facility. Since this is a public facility, it is reasonable for residents and visitors alike to expect safe access to the building. The situation of the structure being built up to the property line and in the front yard setback was not caused by the current owner. According to information in the property file, Chandler Place was built prior to the City of St. Anthony Village adopting its zoning code and therefore circumstances exist that are unique to the property. Mr. Cayemberg continues to say that if granted, the variance will not alter the essential character of the locality. Chandler Place is in the R-4 zoning district, where neighboring properties are of the same character and nature. The purpose of the R-4 zoning district is to provide areas for housing other than l- and 2 -family dwellings and townhomes. He also states that economic considerations alone are the basis of the variance request. Mr. Cayemberg further explains that the owner is willing to spend the money to improve the safety of the facility by insuring that main public entrances are safe and secure while at the same time, enhancing the appearance of the facility. Staff has checked with the Fire Department for their comments. They indicated that the height of the porte- cochere would not cause them an issue. They would like a "no parking fire lane" designation on Chandler Drive, adjacent to the entrance of the proposed porte-cochere. Attachments. • Variance Application • Existing and Proposed Site Plan • Rendering of the Main Entrance • Photos of the Current Main Entrance • Resolution 11- 064; Approval of the Request for a at 3701 Chandler Drive Variance to Encroach into the Front Yard Setback FACouneil Meetings\2011\1025201 I\SIafl3701 Chandler Dr front yard setback variance.doeStaff3701 Chandler Dr 1?ont yard setback variance 3301 Silver Lake Road • St. Anthony, MN 55418 • (p) 612.782.3301 • (f) 612.782.3302 www.ci.saint-anthony. amus VARIANCE APPLICATION FEE: $60 Residential $100 Other Zoning Districts A. GENERAL DATA APPLICANT'S NAME: 29 The above-named individual, firm, or corporation hereby respectfully submits the following information for the purpose of securing a variance from existing land use zoning controls as found in the City of St. Anthony's Zoning Code. Contact Person Last Name In 1 1 l l X l `- First Day Phone B. PROJECT INFORMATION n I. Subject Property Address: '310 1 6A&, 2. jZcify the nature of the project for which a variance is soc w s t i fugl t: �o tiA 06'- e— c o • c G eve q T �`� P•a'11^� �"^vBWM! IK m-,R.ry -,"+, �e.•�'f"rr yp va-fw c.`f" A.0 v --i W/-1+3 au-of..9e�r - vs fe' r 3. Explain how you wish to vary from the applicable provisions of the Ordinance: 4. Explain in a written statement why the strict enforcement of the Ordinance would cause practical difficulties for the applicant, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please address each of these items in your written statement. (City Code §152.245(C)) 5. Check all additional supporting documents which are being submitted to help explain this project proposal: JCl Site Plan' ❑ Topographic Map ,� Other (specify) Ey„�i`t�•- C!� VAC l lewd Required Can attach additional pages to fully explain proposal and aced for variance. I HEREBY CERTIFY TH MY SIGNATUR . HAT ALI, DATA ON MY APPLICATION FORMS, PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT T IE BE OP MY KNOWLED E. Date EXPIRATION Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially started the construction of any building, structure, addition or alteration requested as part of the approval, said variance shall become null and void unless an application for extension of the approval has been submitted. A letter to extend the approval of a variance shall be submitted to the Assistant City Manager not les than thirty (30) days before the 'expiration of said approval. Such letter shall state the fact for the request, showing a good faith attempt to utilize the variance, and it shall state the additional time being requested to begin the proposed construction. The City Council may grant extensions not to exceed one (1) year. (Rev. July 2011) F:\Planning\Forms\Variance Amendment Application July 2011.doc 09-27111 OQC 30 Trossen Wright Plutowski Architects, P.A. 4125 Lakeland Ave N - Suite 200 Minneapolis, MN 55422 Phone 763-533-7171 Fax 763-533-7979 Email dcavembere(iDtwparchitects com Transmittal #S3311 -T002 Date: September 23, 2011 To: Saint Anthony Village Attn: Kim Moore- Sykes, Assistant City Manager 3301 Silver Lake Road Saint Anthony, MN 55418-1699 From: Dan Cayemberg, Project Manager Subject: Variance Statement Project: Porte Cochere Addition Chandler Place Senior housing 3701 Chandler Place St. Anthony, MN 55421 Via Hand Delivery Phone: 612-782-3312 Fax: 612-782-3302 This statement is in response to the questions required in applying for and granting a variance. Strict enforcement of the zoning code on this property will maintain an issue of safe access to the facility in inclement weather. Granting of the variance will allow construction of the drive through porte-cochere at the entry to this facility to allow safe, protected ingress and egress to this facility and to vehicles bringing people to and from the facility. The construction of the proposed porte-cochere is a permanent structure built of steel standing seam metal roofing & stucco columns attached to one side of the existing building. It is a completely reasonable feature for such a facility and it is not permitted by the zoning code due to the front yard setback requirements on this site. The construction of the proposed porte-cochere is necessary to provide safe, protected ingress and egress for residents and visitors. The setbacks are unique to the property and are not created by the property owner and the current 30' setback was not a requirement when the building was originally designed and constructed. The existing pedestrian canopy extends into this setback area and is intended to be removed with this addition. The variance, if granted, will not alter the essential character of the locality. It will improve tine character of the area by enhancing the appearance of the facility. Economic considerations alone are not the basis of the practical difficulties. The owner is willing to spend this money to improve safe ingress and egress and enhance the appearance of the facility. Due to the layout of the building and site, this is the only way to achieve this in an effective efficient manner to the main entry of the facility. Chandler Place Variance Statement Page 2 of 2 The variance, if granted, would be consistent with the city's comprehensive land use plan. The land use plan for this site is and will remain multiple -unit residential. The porte-cochere will enhance the ability of the facility to continue the current use as multi -unit senior housing. The granting of the variance is in harmony with the general purposes and intent of the zoning code. In that the intent of the code is to "protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use", the granting of this variance will allow the construction of the proposed porte-cochere which will aid in providing safe ingress and egress for building residents and visitors and will also enhance the appearance of the facility, thereby improving the general welfare of the city. Thank You. END OF VARIANCE STATEMENT 31 32 EXHIBIT A Legal Description The real property located in Ramsey County, Minnesota, and legally described as: All of Lot 11, Block 11, Mounds View Acres Second Addition, except the North 74.00 feet of the Fast 30 feet thereof; Lot 12, block 11, Mounds View Acres Second Addition; all of Lot 13,13lock 11, Mounds View Acres Second Addition, except the Fast 30.00 feet thereof. Together with the benefits contained in the Declaration of Easements and Real Covenants dated December 1, 8, 1985, filed of record February 7, 1986, as Document No. 795498, as amended by First Amendment to Declaration of Basements and Real Covenants dated May 13,1996, filed May 22,1996, as Document No. 1121355. Ramsey County, Minnesota Torrens Property Torrens Certificate No, 380734 14 " 33 � y 1 T Irt i '1 33 f Irt v� '1 33 ,Afr F. f3l 34 Xm 04k ,Afr F. f3l 34 35 EXISTING 51TE FLAN TROD WRIGHT PLUTOWSIUJ 36 CHANDLER RACE SMORl (00 NORTH PROPOSED l SSE WRIGHT !. !.WM :1 L, 0 b§ 37 �ain tho�uy iIla a C.% 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us October 5, 2011 Mr. Alan Plutowski Trossen Wright Plutowski Architects, PA 4125 Lakeland Avenue N, Suite 200 Minneapolis, MN 55422 Dear Mr. Plutowski: Your request for a 30 foot variance to the front yard setback, written statement, and fess were received on September 27, 2011 and will be presented to the Planning Commission for a public hearing on Tuesday, October 18, 2011 at 7:05 p.m., or as soon thereafter as possible. Minnesota State Statutes require that any land use or zoning applications, such as yours, be approved or denied by the City Council within 60 days of receipt of a completed application. According the 60 -Day Rule, the City has 60 calendar days to take action on your request. The 60 days for your request expire on November 25, 2011. The City's process for considering your variance request includes a public hearing at the Planning Commission meeting scheduled for October 1.8, 2011. The Planning Commission recommendations will then be presented to the City Council at their meeting scheduled for October 25, 2011 at 7:00pm. While the City Council is expected to make a decision on your application at the above-mentioned meeting, Minnesota Statute does allow the City to request in writing, an additional 60 days should it become apparent that the original 60 days are not sufficient to process your application. Nothing is anticipated at this time that would cause a delay, but again, you will be notified in writing if additional time to issue a final decision on your request is needed by the City. Your presence or that of a representative is required at both meetings. If you or a representative is not present at the Planning Commission meeting on the above - referenced Planning Commission meeting date, the Planning Commission may Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. mf 39 table the request until the applicant or the applicant's representative is able to attend. If you have any additional questions about this information, please feel free to call me at 612-782-3312 or email me at kim.moore-sykes@ci.saint-anthony.mn.us. Sincerely, Kim Moore Assistant City Manager M CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-064 RESOLUTION FOR APPROVAL OF THE REQUEST FOR A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK AT 3701 CHANDLER DRIVE WHEREAS, a Public Hearing was scheduled with the Planning Commission for October 18, 2011and commenced at 7:05 PM to consider the property owner's request for a twenty-five (25) foot variance to the front yard encroachment allowance as permitted by Article XV of the City Code, subd. 152.177(D); and WHEREAS, the applicant, Alan Plutowski, TWP Architects presented a variance request that they be given a twenty-five (25) foot variance so that they could build a porte cochere over the front entrance at Chandler Place; and WHEREAS, the subd. 152.177 (D) permits up to five (5) feet encroachment into the front yard and Mr. Plutowski is requesting a twenty-five (25) foot variance to subd. 152.177(D); and WHEREAS, the applicant is required to provide evidence that discloses facts that are unique to the subject property, that strict enforcement would cause practical difficulties, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property and not created by the landowner; that the variance if granted will not alter the essential character of the locality; and that economic considerations alone are not the basis of the practical difficulties; and WHEREAS, 1. The applicant presented information that the property cannot be put to a reasonable use without the variance. It is historically a common practice to construct residential structures at the front yard setback line so that the structure is similarly situated on the lot in an orderly fashion. The City's Zoning Ordinances, allows a five (5) foot encroachment in the front yard setback to accommodate steps, stoops and porches for access and egress. The applicant stated that the current residential front yard setback encroachment of five (5) feet is not wide enough allow for the installation of a porte cochere that would protect residents and visitors from inclement weather and slippery conditions due to snow, ice or rain; and WHEREAS, 2. The circumstances causing the hardship were not created by the owners. The current facility was built in 1966 on a lot that for the time was quite typical; and WHEREAS, 3. The variance, if granted, will not alter the essential characteristics of the locality. The applicant stated Chandler Place is committed to providing a safe, protected access for residents and visitors; and WHEREAS, 4. Economic considerations alone are not the basis of the practical difficulties, that the owner is willing to pay for improved safety and enhance the appearance of the facility; and WHEREAS, 5. The circumstances causing the hardship are unique to the individual property. The applicant reported that the setbacks are unique to the property and are not created by the property owner. The current thirty (30) foot setback was not a requirement when the building was originally designed and constructed; and WHEREAS, 6. The granting of the variance will not alter the essential character of the locality. It will improve the character of the area by enhancing the appearance of the facility; and WHEREAS, the Planning Commissioners unanimously voted to recommend approval of the proposed twenty-five (25) foot variance to the Front Yard Setback Encroachment for 3701 Chandler Drive. BE IT RESOLVED, that the City Council of the City of St. Anthony does hereby agree with the Planning Commissions recormnendation; and BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony does hereby approve the twenty-five (25) foot variance to the Front Yard Setback Encroachment for 3701 Chandler Drive. Adopted this 25th day of October 2011 ATTEST: City Clerk Reviewed for administration: Mayor Interim City Manager 41 STAFF REPORT To: Mayor and City Council From: Jay Hartman, Interim City Manager Date: October 25, 2011 Subject: Garage Setback Permit Request — 3205 - 36th Avenue NE Requested Action: Date Application Received Property Address: "Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: City Council Approval September 23, 2011 3205 — 36°i Avenue NP R-1 November 21, 2011 N A Date Sent: _ No Background. Mr. and Mrs. Donald Pavelka, owners of 3205 - 36th Avenue NE, plan to build a six (6) foot addition to an existing attached single car garage on their property to convert it to a more useable double car garage. The current garage is located nine (9) feet from the side property line and if allowed to build the six (6) foot addition, the addition will be 2 feet into the five (5) foot side yard setback. The owners are requesting a Garage Setback Permit to build the addition, giving them a double car garage. The neighbor's to the west of the subject property have a fence that is approximately one foot from the property line, according to the applicant. The City's zoning code requires that anyone wanting to build a garage in the rear yard setback and/or side yard setback of their property have to apply for a Garage Setback Permit and have it approved by the City Council (152.176 (F)). The property owners are responsible for demonstrating why the strict enforcement of the Ordinance would cause practical difficulties for them by preventing the subject property to be used in a reasonable manner that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential character of the locality; and that economic considerations alone are not the basis of the practical difficulties (City Code §152.245(C)). They have stated in their written statement that the existing attached garage is a single car garage. They can only have one car in the garage at a time and since they own two cars, they would like be able to put both cars in the garage year round. In Minnesota, it is reasonable to have a double car garage and it would not alter the essential character of the neighborhood as most, if not all houses have double car garages. F ACouncil Meetings\2011A10252011\staff 3205 36th garage pennitdoestaff 3205 36th garage permit 42 This home was constructed in 1958, a time when single car garages were prevalent and one car was all most 43 could afford. This was not a situation that the Pavelkas created and economic considerations alone are not the basis of the practical difficulties. The addition of six (6) feet to the existing garage adds 144 SF of impervious surface. Without the addition, lot coverage is at 12%; with the addition, lot coverage becomes 18%, well within the 35% lot coverage maximum for an interior residential lot. The addition also increases the size of the existing garage to 528 SF, the maximum size allowed in the rear yard setback and the side yard setback. Attachments. • Property Owner's Application • Property Owner's Written Statement • Site Plan Elevations Photos Resolution 11-065; Approval of the Request for a Garage Setback Permit for 3205 -36th Avenue NE FACouneil Meetings\2011\10252011\staff 3205 36th garage permit.docstaff 3205 36th garage permit 3301 Silver Lake Road • St, Anthony, MN 55418 • (p) 612.782.3301 • (f) 612.782.3302 www.ci.saint-anthony. un.us VARIANCE APPLICATION FEE: $60 Residential $100 Other Zoning Districts A. GENERAL DATA APPLICANT'S NAME: elk The above-named individual, firm, or corporation hereby respectfully submits the following information for the purpose of securing a variance from existing land use zoning controls as found in the City of St. Anthony's Zoning Code. Contact Person Last Name B. PROJECT INFORMATION 2 1. Subject Property Address: 1 oii� 1 (� J N L 2.Specify the natu e of e project for which a variance is sought: ho u } ✓n�� k� S + r�P1 R 3. Explain how you wish to vary from the applicable provisions of the 9? -�f3a s Phone E�- Of - 4. f 4. Explain in a written statement why the strict enforcement of the Ordinance would cause practical difficulties for the applicant, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential the character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please address each of these items in your written statement. (City Code §152.245(C)) Check all additional supporting documents which are being submitted to help explain this project proposal: •� Site Plan* ❑ Topographic Map Required I HEREBY CERTIFY WITH MY CORRECT TO THE BEST OF N ❑ Other (specify) Can attach additional pages to falls explain proposal and need far variance. MY APPLICATION FORMS, PLANS AND SPECIFICATIONS ARE TRUE AND Date EXPIRATION Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially started the construction of any building, structure, addition or alteration requested as part of the approval, said variance shall become null and void unless an application for extension of the approval has been submitted. A letter to extend the approval of a variance shall be submitted to the Assistant City Manager not les than thirty (30) days before the expiration of said approval. Such letter shall state the fact for the request, showing a good faith attempt to utilize the variance, and it shall state the additional time being requested to begin the proposed construction. The City Council may grant extensions not to exceed one (1) year. (Rev. July 2011) F:\Planning\Forms\Variance Amendment Application July 2011.doc 45 VARIANCE APPLICATION Question #4 We are applying for a variance of the Ordinance for the purpose of making a single car garage into a double garage. Expanding the current garage by 6 feet allows for a standard 16 foot double P-arage door and adequate access on each side for fzettina into and out of vehicles. There are two cars used by the residents and this would enable both cars to be parked indoors year round. The addition is planned to stay true with the current character of the house and neighborhood. A '/2 foot gable will be used on this side of the home for water drainage to comply with the 30" from property line Ordinance. No changes in size will be made to the current (double wide) driveway. The purposed six foot addition would be within the 35% lot coverave maximum. 46- �:. r, ;,;;;, - .. �. # � .. . � �, N: *�A7Y Z-J^J(5, ME: I 50 i '. 54 CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-065 RESOLUTION FOR APPROVAL OF THE REQUEST FOR A GARAGE SETBACK PERMIT FOR 3205 - 36M AVENUE NE WHEREAS, a Public Hearing was scheduled with the Planning Commission for October 18, 2011 to consider the property owners' request for a Garage Setback Permit; and WHEREAS, the applicants presented a site plan showing the proposed six (6) foot addition to the west side of their garage; and WHEREAS, the applicants are requesting the Garage Setback Permit to build two (2) feet into the side yard setback to build the addition that will convert their attached single care garage to a double care garage; and WHEREAS, the applicants provided a written statement as required by MN statutes describing their reasons why they have a unique situation with their property, that strict enforcement would cause practical difficulties in reasonably using their property, that the property cannot be put to a reasonable use without the variance, that the circumstances causing the practical difficulties were not created by the owners, that the variance, if granted, will not alter the essential characteristics of the neighborhood, that the economic considerations alone are not the basis of the practical difficulties; and WHEREAS, staff received no opposition to the applicants' proposed six (6) foot garage addition; and WHEREAS, the Planning Commissioners voted unanimously to recormnend approval of the Garage Setback Permit, and BE IT RESOLVED, that the City Council of the City of St. Anthony does hereby agree with the Planning Commission's recommendation; and BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony does hereby approves a Garage Setback Permit for 3205 - 36th NE. Adopted this 25th day of October 2011 ATTEST: City Clerk Reviewed for administration: Mayor Interim City Manager 55 56 STAFF REPORT To: Mayor and City Council Jay Hartman, Interim City Manager From: Kim Moore -Sykes Date: October 25, 2011 Subject: Garage Setback Permit and Variance Request for Garage Size 3219 Stinson Boulevard NE Requested Action: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: City Council Approval September 30, 2011 3219 Stinson Boulevard NE R-1 November 28, 2011 Yes_ Date Sent: _ No X Background. Ms. Rachel Sanzone, property owner of 3219 Stinson Boulevard, is requesting a Garage Setback Permit and a 308 SF variance to rebuild her garage that was severely damaged in one of this year's summer storms. She had originally requested a building permit to rebuild but when Staff was reviewing Ms. Sanzone's building permit application, they discovered that a previous owner had built a 396 SF 'garage addition to an existing garage in 2003. Ms. Sanzone, who purchased the property two years ago, was called and advised that she could not rebuild the size of garage that she previously had, as it had been built illegally. She responded that she used the garage and expected to be able to replace it; that she had called her insurance company about the storm damage and had contractors ready to start rebuilding. Analysis. Ms. Sanzone testified that she was not aware at the time of purchase that the garage was illegally built and stated that the garage was the reason that she bought the property. Ms. Sanzone's lot is 50' x 163' or 8,150SF; is an interior lot; is non -conforming due to its width and total area; and has a maximum lot coverage of 40%. The current lot coverage, including the over -sized garage, is at 38%. The property owner is responsible for demonstrating why the strict enforcement of the Ordinance would cause practical difficulties for her by preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that HCouncil Meetings\2011\10252011\Staf13219 Stinson Blvd garage permit.docStaft'3219 Stinson Blvd garage permit the variance if granted, will not alter the essential character of the locality; and that economic considerations 57 alone are not the basis of the practical difficulties. (City Code §152.245(C)) Ms. Sanzone stated that but for the storm, she would be still using her garage. She parks two cars in the garage and uses a portion of the garage as a potting shed and storage. She stated that other properties have garages that seem to be as large as hers so she feels she is not altering the essential characteristic of the neighborhood; that she did not cause the unique circumstances that destroyed her garage; and economic reasons are not the basis of the practical difficulties. Attachments. • Property Owner's Application for Garage Setback Permit and Garage Size Variance • Property Owner's Written Statement • Aerial View of Subject Property • Site Plan Resolution 11-066; Approval of a Garage Setback Permit and Variance Request for Garage Size at 3219 Stetson Boulevard NE. FACouncil Meetings\2011\10252011\Staff 3219 Stinson Blvd garage permit.docStaff3219 Stinson Blvd garage permit V 3301 Silver Lake Road ° St. Anthony, MN 55418 • (p) 612.782.3301 • (f) 612.782.3302 www.ci.saint-anthony.mn.us VARIANCE APPLICATION FEE: $60 Residential $100 Other Zoning Districts A. GENERAL DATA APPLICANT'S NAME: The above-named individual, firm, or corporation hereby respectfully submits the following information for the purpose of securing a variance from existing land use zoning controls as found in the City of St. Anthony's Zoning Code. Contact Person Last Name First Day Phone B. PROJECT Property ATION � arl S+/', 4._d Yl� )� n _ oy,M„ 1 t 1. Subject Property Address: �'` 1 �" j 'v the nature 4z the project for which a variance is sought: from the applicable provisior)* of V4. J Explain in a written statement why the strict enforcement of the Ordinance would cause practical difficulties for e applicant, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential the character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please address each of these items in your written statement. (City Code §152.245(C)) 5. Check all additional supporting documents which are being submitted to help explain this project proposal: ❑ Site Plan* ❑ Topographic Map ❑ Other (specify) _ * Required Can attach additional pages to fidl y explain proposal and need for variance. I HEREBY CERTIFY WITH MY SIGNATURE THAT ALL DATA ON MY APPLICATION FORMS, PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Applicant Date EXPIRATION Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially started the construction of any building, structure, addition or alteration requested as part of the approval, said variance shall become null and void unless an application for extension of the approval has been submitted. A letter to extend the approval of a variance shall be submitted to the Assistant City Manager not les than thirty (30) days before the expiration of said approval. Such letter shall state the fact for the request, showing a good faith attempt to utilize the variance, and it shall state the additional time being requested to begin the proposed construction. The City Council may grant extensions not to exceed one (1) year. (Rev. July 2011). ��-3��1 00$0 0A.G� I:\Planning\Forms\Variance AmendmentApplicati my 11.-�oc - Written Statement September 30th 2011 Saint Anthony Village RE: Variance Permit Location: 3219 Stinson Blvd. I am asking that a variance be granted to allow me to rebuild my garage as it was before it collapsed as a result of my neighbor's tree falling on it. Because of this act of God which was beyond my control, I am being penalized. This has been a long and drugged out process that has not only caused me to not be able to use my garage, but it has and will continue to cause me a lot of unnecessary stress in my life. I am asking to put my garage and property back to what it was, prior to the storm and nothing more. I do not believe this garage caused any issues or complaints before and will not alter or change the character of the locality or affect any neighbors. If granted I would be able to have my garage back in time for winter. I would like to get this issue resolved so I can move on with my life, and be able to use my garage in the same manner as I was able to before the storm hit. Respectfully, Name: Rachel Sanzone Date: I Z / — / / 59 Print - Maps tDing Maps My Notes jj' FREE! Use Bing 411 to find movies, f1l) businesses &. more: 000 -DING -411 f Page I of I Bird's eye view maps can't be printed, so another map view has been substituted. http://www.bing.com/maps/print.aspx?mkt=en-us&z=l 9.176583318748395&s=b&cp=45.... 9/15/2011 •1 2 Ft. 4 Feet Length 163 Feet 4 Feet 4 Feet c�i gra Stor ge LL 32 1 R8' � az si � f �.---22 Feet a m b3 LL m LL Existing Garage 1051 LL o Hoot Height = 12 feet N N LL (To top of roof peak.) Garage Addition 396 a o i—P 41 () Square Feel I._ 1.-20 Feet Total Hardeover32f51 si ) 26 Feet 3 t e UuekS 4x9 3 sf E Existing House Existing Driveway (Counted big overhanging eves as part of hardcover) i �) 1128 Height = 18 Feet t 'quitafe. r� {i (to top of roof peak.) 36 Ft. Main 26x36 936 - Front Porch 16x9 54 Front Step 5x5 25 Back Step 49 _36 1051 sf 2 ft. Front Porch 16x9 = 54 si 1 9 Ft Width 50 Feet April 18, 2003 To St. Anthony Building Permit Department Judy Creig A Schmidt Castle Inspection Service Office 8.9 am 652-731-7881 Schedule Inspection 651-6363555 From Property Owner Bob Koivula 3219 Stinson Blvd St. Anthony, Mn 55418 Dear Craig and Judy, Here is the Lot Layout for pour- ing the concrete floor. Lot Length 163 Lot Width Total 8150 40 A!lowahl3 Hardcove, 3264 sl Existing Hardcover House 1051 Garage 480 Driveway 1128 New Hardcover Garage Addition 396 Shed 32 Play Arbor _128 Total Hardeover32f51 si For the record, nothing final has been built on the property, thou it looks like it has. What has been tacked together are the 3 outside walls, and the center wall, and a roof ratter idea. This was done to help PLAN the structure. This was done to get the "feel" of the property and best building. lam putting more slope on the roof, for more interest to building. Detail of the roof ratters to follow, atter pouring concrete, if OK with you. Everything can be taken down, while concrete is poured, if necessary. THANK YOU Bob Koivula 952-471-9821 61 Lo M i 8'-4" 4 -8' i 6 it >> �'� l`: j - ,.. 1 .i C. I .2 � � \j .2 WE CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-066 RESOLUTION FOR APPROVAL OF THE REQUEST FOR A GARAGE SETBACK PERMIT AND VARIANCE TO THE 528 SF MAXIMUM ALLOWED FOR A GARAGE SETBACK PERMT FOR 3219 STINSON BOULEVARD NE WHEREAS, a Public Hearing was scheduled with the Planning Commission for October 18, 2011 to consider the property owner's request for a Garage Setback Permit; and WHEREAS, the applicant testified that she purchase the property two years ago and was not advised that the existing garage was an illegally built garage; that she bought the property mainly because of the size of the garage. WHEREAS, the applicant stated that but for the summer storms this year, she would still be using her garage; and WHEREAS, the applicant's lot is a non -conforming lot in that it is 50'x 163' or 8,150 SF; it is an interior lot with maximum lot coverage of 40%. The current lot coverage is 38% including the size of the illegal garage; and WHEREAS, the applicant provided a written statement as required by MN statutes describing their reasons why they have a unique situation with their property, that strict enforcement would cause practical difficulties in reasonably using their property, that the property cannot be put to a reasonable use without the variance, that the circumstances causing the practical difficulties were not created by the owners, that the variance, if granted, will not alter the essential characteristics of the neighborhood, that the economic considerations alone are not the basis of the practical difficulties; and WHEREAS, staff received no letters or phone calls opposing the applicant's proposed plan to rebuild her garage; and WHEREAS, the Planning Commissioners initial vote to approve was tied with 3 ayes and 3 nays thereby failing. A second motion to approve the Garage Setback Permit and Variance was made and seconded, passing with 4 ayes and 2 nays; and BE IT RESOLVED, that the City Council of the City of St. Anthony does hereby agree with the Planning Commission's recommendation; and 70 BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony does hereby approve the Garage Setback Permit and the 308 SF variance to the 528 SF maximum garage size as specified in Subd.152.176 (F) for 3219 Stinson Boulevard NE. Adopted this 25th day of October 2011 ATTEST: City Clerk Mayor Reviewed for administration: _ Interim City Manager STAFF REPORT To: Mayor and City Council Jay Hartman, Interim City Manager From: Kim Moore -Sykes, Assistant City Manager Date: October 25, 2011 Subject: Comprehensive Sign Plan Review — St. Anthony Shopping Center Requested Action: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: Council Approval September 9, 2011 St. Anthony Shopping Center, 2900 Pentagon Drive C November 7, 2011 Yes Date Sent: No X Background. Greg Kozulla of Kozulla & Associates, is an architect working with the owners of the St. Anthony Shopping Center to update and renovate the look of the Center. Mr. Kozulla is before the City Council with a request to review the proposed update to the information on the technical aspects of the Shopping Center's current comprehensive sign plan and to pass the proposed St. Anthony Shopping Center Sign Plan. The Planning Commission reviewed the Sign Plan at their September 20th and October 18th meetings. The Planning Commission is recommending approval with the updates and changes that Mr. Kozulla presented on October 18, 2011. An attached spreadsheet shows the proposed changes; the comprehensive sign plan that was adopted in 1989; and the current City Ordinance requirements for signs in the Commercial District. Mr. Kozulla has also provided a matrix of the proposed sign area calculations for the West and North buildings. Mr. Kozulla addressed other issues in his letter to the City dated September 8, 2011 as the result of questions asked of him by the Planning Commissioners. The City Code requires that a commercial property installing a parking lot today have one (1) parking space per 300 SF of gross floor area, measuring 9' by 19'. The mill and overlay that is part of the planned renovation of the Shopping Center is being done as maintenance of a parking lot, which has existed at the current site and mostly unchanged since construction was completed in the 1960's. As such, the parking lot for the Shopping Center is considered grandfathered in and is not required to conform to the City's Zoning Ordinance on Commercial Parking, which was passed in 1976. F:ACouncil Meetings\2011\1025201 I\Staff Sign Plan st arthony shopping center.doeStaff Sign Plan st anthony shopping center 71 The Center has approximately 294 parking spaces. Mn Kozulla states, however, due to the existing 72 landscaped islands, the size of the spaces vary from 8.5' to 10' wide and 18' long. He reports that the Center does not use most of their spaces and becomes overflow parking for the Market Place Center, the retail area to the northwest of the St. Anthony Shopping Center. Attachments. Comprehensive Sign Plan for St. Anthony Shopping Center (Including graphics and square footage tabulations. Comparative Spreadsheet Highlighting Proposed Changes to Sign Plan Letter regarding Fagade and Site Improvements Project Rendering of Proposed Renovations with Signs Resolution 11- 067; Approval of the Request from Greg Kozulla, Kozulla & Associates for an Amendment to the St. Anthony Shopping Center PUD to Allow for Planned Renovations and the Sign Plan to Allow for the Modification of Existing Wall Signs F:ACouncil Meetings\2011V1025201 IAStaff Sign Plan st anthony shopping centendocStaff Sign Plan st anthony shopping center KOZULLA & ASSOCIATES September 8, 2011 Ms. Kim Moore -Sykes Assistant City Manager City of St. Anthony St. Anthony City Hall 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Fagade and Site Improvement Project St. Anthony Shopping Center St. Anthony MN 73 KOZULLA & ASSOCIATES, INC. 7851 METRO PARKWAY, SUITE 121 BLOOMINGTON, MN 55425 USA TEL 952-345-0258 FAX 952-854-9403 Dear Ms. Moore -Sykes, I am writing to you with respect to various Zoning Code and City process items we briefly discussed which may assist the City in upcoming reviews and approvals. Easements— Although there are easementsassociated with this property with either the City or the County, this project is not requesting any new easement or proposing amendment to any existing easement. Variances -- This project is not requesting any variances. Parking — It is the intent to mill and overlay and restripe the existing parking lot. Concrete curb & gutter landscape islands and parking lot lighting will remain in their current locations, 'file current Zoning Code requires parking spaces equating to t space per 300 square feet of gross floor area. This property contains three buildings. The north building (46,052 s.f.), the west building (39,388 s.f.) and the Dairy Queen (1,124 s,£), totaling 86,564 gross square feet. A factor of 300 s.f. suggests 288 parking spaces required. The existing parking lot has a total of 294 spaces, thus meeting current quantity requirements. It is the intent of the proposed parking layout to replicate that of the existing striping layout; however accessible ramp locations and accessible space locations will differ from the existing layout. Space widths vary from 8.78' to 10' depending on the location. Existing striping is 18' long. Because the landscaped islands dimensionally lock the parking lot striping layout, the 18' space length must be maintained. If we find the 18' length can be increased, the design will accommodate. Setbacks — In some cases, this property has zero lot setbacks. It is my understanding that since this project is nota redevelopment project setback restrictions will be grandfathered. Comprehensive Sign Plan — This project submitted a Comprehensive Sign Plan to the City, This Sign Plan was briefly discussed at the August 16 Planning Commission, however not to detail. The City is currently reviewing the proposed property Sign Plan and scheduled to be on the September 20 Planning Commission agenda. Site Drainage — Communications were held with the City and WSB &Associates with respect to storm water management. Given it is the intent to do a mill & overlay rather than a replacement; it was determined an underground storm water management system or specific site retention local ion not be required. Planning Commiasionand City Counci — Glveti the project is not requesting any rezoning, variances, easements, etc., it is the opinion of this offtoe the project is more of an administrative City process, hoyyever, this project's representatives are witling to work with City staff, Planning Commission; and City Council,as ifece$shry. Letter to Ms. Moore -Sykes September 8, 2011 Page 2 Plan Review and Building Permit — It is the intention to submit the construction documents to the City for Plan Review upon completion of the design documents. Concurrent to the plan review timeframe, the project will be competitively bidding to multiple general contractors. The successful contractor shall apply and pay for the permit. If there are any items of concern which I failed to address above, please let me know and I will address them for you Respectfully, Kozulla & Associates, Inc. r J. Kozulla President 74 75 Comprehensive Sign Plan St. Anthony Shopping Center St. Anthony, MN August 2, 2011 St Anthony Shopping Center LLC ("Owner") proposes to conform to the City of St. Anthony's Sign Ordinance ("Ordinance") as amended within this document. Please let this document be considered St. Anthony Shopping Center's Comprehensive Sign Plan Tenant Signage The Comprehensive Sign Plan will provide for the following: 1. Allow signage on storefronts up to 60' in length to have 3 square feet per lineal foot of tenant frontage, however, the total signage area shall not exceed 15% of the total wall area frontage. 2. Allow signage on storefronts which exceed 60' in length to have 3 square feet per lineal foot of tenant frontage up to a maximum of 300 square feet, however, the total signage area shall not exceed 15% of the total wall area frontage. 3. Multiple rows of signage text shall be permitted and shall be calculated independently from the row above or below, but total lineal footage shall not exceed a factor of 3; i.e.: the square foot area of row 1 plus row 2 plus subsequent rows (if desired) shall not exceed 3 times that total tenant frontage or exceed 15% of the total wall area frontage. 4. Signage logos shall be included when calculating maximum signage area. 5. All new tenant wall signage will be single wall mounted aluminum channel letters with plastic inserts facing the public street. All new tenant signage will be backlit on painted raceways. Raceway color will match the color of the building background of which the raceway is mounted. The aluminum raceway profile, channel profile, letter size, font, color, etc., will require property owner approval prior to submission to the City. 6. All existing tenant signs regardless of size, font, color, raceway, etc., shall be grandfathered as acceptable should the existing signage be removed and reinstalled for any reason. 7. Color of channels, color of channel letter inserts and letter font shall be determined by tenant with selection open to all colors and fonts available by signage fabricators. 8. Maximum channel letter size will be 48" and minimum channel letter size will be 24". 9. Owner shall have the option to operate lit signs (including existing pylon or future ground signs) such that there is no hourly operation restriction and be able to operate on a 2417 basis if desired. 10. Allow additional wall signs to each of the tenants, but, wall signage area allowed will be maintained at a maximum of 1.25 square feet per lineal foot of wall width yet not exceed 15% of the total wall area. Ground Signage (Site Signage) 1. At the time of this Comprehensive Sign Plan execution, the Owner is not planning for new ground signs and chooses to keep the existing pylon/monument sign intact and make non- structural improvements to the sign. If the Owner would like to install Grounds Signs in the future it will coordinate with City staff. As part of the Comprehensive Sign Plan, the owner shall not be obligated to remove and/or replace the existing site signage or, if the owner determines existing site signage be removed, that it not be obligated to install new site signage. Given this property has two main vehicular entrances, the owner shall have the option to provide a future ground sign at the Kenzie Terrace entrance in addition to the Service Drive entrance. 76 Comprehensive Sign Plan Area Calculation St. Anthony Shopping Center St. Anthony, MN 10/13/11 West Building Unitl A B C D E I F G H I 1 K L(1) M(1) Wall Length ft 141.75 17.75 5700 21.33 3317 41.00 3350 23.50 53.58 22.58 30.90 82.30 75.10 _.._ Wall Height ft 1733 - 1617 2100 _ 1617 _ 1967 . _ 2400 1967 16.00 2000 - 1600 1350 1350 1500 Wall Square Footage sf 1 J23 69 ..._ 286 96 1092 00 344 90 652 29 - 984.00 658 84 _ 376.00 1071.67 361.33 417 15 _.. 1111.05 1126.50 15/ Max Area sf-1108.55 114.00 43 04 163 80 51 74 97 84 147 60 98 83 56.40 160 75 54 20 62 57 166 66 168.98 _ Max Length with 48 Letter k 27.00 _ 10.56 39.00 12.50 24.001 30.75 24.50 74.00 40.06 13 50 15.50 30 75 28.00 48 Letter Max Square Footage sf 108 00 42 00 156 00 50.00 96 00 123.00 98 00 56.00 16000 54 00 62.00 123.00 112.00 Max. Length with 24 Letter k 75 15.75 -48,o6 19.33 30.171 37.00. 30.50 21.50 49.58 581 28 90 61.50 56.00 _ _ 24` Letter Max. Square Footage sf _39 ! 79.50 31.50 96.00 38.67 60.33 74.00 61.00 43.00 99.17 _20 41.171 57.80 123.00 112.00 North Building Unit A e I C D E I F G H I 1 ) K L M (1) N (1) Wall Length ft 40.00 17.00 56.50 21.00 25.00 55.25 35.75 58.42 21.331 17.33 48.00 15.00 150.20 75.30 Wall Height ft -" 1.1900 17.00 --i-2.66-_ 1700 1900 __- 25.00 1900 - 75.00 190 1700 2000 _ 1700 - 1700 15.00 Wall Square Footage sf 1760 00 289 00 1243 00 357 00 475 00 1381.25 679 25 1460.42 405 351_294.68 960.00 255 00 2553 40 1129.50 - 15%Max Area sf 114.00 43.35 18645 - 53.55 __ 7125 -_ 207.19 101.89 _..___. 219.06 60.80. 4420144.00 3825 383.01 ...__ 169.43 Max Length with 48 Letter ft 28 50 10 50 42 38 .1 13 00 77 SO 41.25 2S 25 43.75 _.-.06 15.OU� 11.00 36.00 . 9.50 _.... 46.75 23.50 4k Letter Max Square Footage _ -- sf _.. 114.00 42.00 _ 169.50 52.00 70 00 165.00 101.00 175.00 60 00 44.00 144 00 1 36 00 187.00 94.00 __ __ _.. _ .-- _.._ --0 69.25 24" Letter Max Square Footage sf 76.00 30.00 105.00 38.00 4600 107..50 6750 .83 108. 38.67 3067 88.00 26.00 228.00 138.50 Notes, 1. The above calculations are based upon 3 sf of sign area per lineal foot of tenant linear footage. 2. Columns A, 8, C, etc., on this sheet correlate with the respective A, 8, C, etc., on the following exterior elevations sheets. Key Notes (1) The square footage for the end cap walls (additional wall signs) are based upon 1.25 square feet per lineal footage of wall with a 15% maximum signage area. Comprehensive Sign Plan Area Calculation Sheet C,,0Or9EHCr451VF= 5t(5(4 fLAr4 77 �T ^NTtiOHy eH0F'f04 cENT 1.21rz/11 t p. p .d by f VICINITY MAP QG4Mhry' k igpgqrqphicql hlcrmglisn •p} bq 5, Jghneon o it I `_= rlv. inlerm p4 Nqa rot fes\ ZprN NE pta reri!•cQ of I ria recy a [gmpNlint55 by ReNtlet h A4S11CicIH. hc.g - , W .10 .e. DoT -E f4TI pL. LoGA'�r�o \ FOTO ' /I - I r f r� L� t14 pS '�'9� A .• f 1 - / ! �c 9I4.3XLIJ LU . d— [f 1 it /a{'4y�Jc •1 (li �'+. ° •. K yy� / � is 70JA 1 H10-� .� 1�9 �'- yj `? iK :Ile� Sic" T046 ' '?rte • o I � � � a .° '.. �' D�.` . `i1J A410. / 1'/� f, \ 1b4 \ l 7 1 WEST BUILDING ePARTIAL WEST BUILDING EAST ELEVATION X15 SCALE: 1/8'= 1'-0' 79 WEST BUILDING PARTIAL WESt BUILDING EAST ELEVATION A5 sca e: ua r.m^ WE5T BUILDING 6°g _ �°! E�iSQ 3rvgi C1 PARTIAL WE5T BUILDING EAST ELEVATION A5 SCALE: WEST %ILDING PARTIAL WE5T BUILDING NORTH ELEVATION WEST BUILDING �EARTIAL WEST BUILDING 50UTN ELEVATION A5 SCALE: U8 1 NORTH BUILDING L -K -Fl ---:- - --,- --r - -1 - - I- - Lj: JITT—ocrCIII 11 CYLSEINS I - -I '- L- r --f' �-T=-1 - - - - � —T—�==t:= —�—jfg� IjtFm6,,, PARTIAL NORTH BUILDING- SOUTH ELEVATION eCALE: 1/8"t V-0` NMI NORTH BUILDING PARTIAL NORTH BUILDING- 60UTH ELEVATION A4 SCALE: Iib I' -B" 'M NORTH BUILDING R tF, ,7 Ulf WEAR 50UTH ELEVATION sf� E !AL NORTH BUILDING /eo= V-0, NFA Lexei NORTH BUILDING PARTIAL NORTH BUILDINCs 50UTN ELEVATION A4 scAR v- r -m' NORTH BUILDING n PARTIAL NORTH BUILDING- EA5T ELEVATION A4 SCALE: IV= I'.e^ Rin LOX*] NORTH BUILDING E— — — — — — — — — 0 H Rl EA NORTH BUILDING- WE5T ELEVATION PARTIAL 11 M CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-067 RESOLUTION FOR APPROVAL OF THE REQUEST FROM GREG KOZULLA, KOZULLA & ASSOCIATES FOR AN AMENDMENT TO THE ST. ANTHONY SHOPPING CENTER PUD TO ALLOW FOR PLANNED RENOVATIONS AND THE SIGN PLAN TO ALLOW FOR THE MODIFICATION OF EXISTING WALL SIGNS WHEREAS, a Public Hearing was scheduled with the Planning Commission for September 20, 2011 to consider approving an amendment to the St. Anthony Shopping Center PUD Sign Plan as proposed by Kozulla & Associates; and WHEREAS, the applicant presented his request according to the requirements of the City Code as found at Section 152.206 (B), REVISIONS AND/OR CHANGES and 155.25, (4)(9), PERMITS, APPLICATION AND FEES; and WHEREAS, the City Council reviewed the proposed amendment to the Sign Plan at their regularly scheduled Council meeting on September 27, 2011 and tabled the request by Mr. Kozulla for further consideration by the Planning Commission; and WHEREAS, the Planning Commission received and reviewed revisions submitted by Kozulla & Associates at the regularly scheduled October 18, 2011 meeting; and WHEREAS, the Planning Commission voted to recommend approval of the revised proposed amendment to the St. Anthony Shopping Center PUD Sign Plan, which proposes to modify an existing wall signs for future replacement at the tenant's discretion; increasing the area of the wall sign to 3 SF per l lineal foot of business frontage, while keeping the total sign area at 15% of the wall the sign is installed on; and requesting an opportunity to put a monument sign at the Kenzie Terrace at some time in the future, submitting design, size and placement information at that time; and WHEREAS, the Planning Commission received and reviewed information about the proposed mill and overlay of the currently existing parking lot that was constructed as part of the original shopping center in the 1960s; and WHEREAS, Mr. Kozulla is proposing to maintain the 294 parking spaces that currently exist at the Center but testified that because of the configuration and layout of the parking lot, spaces will continue to vary from 8.5' to 10' wide and 18' long; and WHEREAS, Mr. Kozulla further testified that the Center does not use all of the parking spaces and often is used as overflow to the Market Place Center, the retail area to the northwest of the St. Anthony Shopping Center. NOW THEREFORE BE IT RESOLVED, the City Council of the City of St. Anthony does hereby approve the application from Kozulla & Associates, to amend the Sign Plan to the St. Anthony Shopping Sign Plan as originally adopted in 1989 and 2003. Adopted this 25th day of October, 2011 ATTEST: City Clerk Reviewed for administration: Mayor Interirn City Manager all 91 To: Jay Hartman — Interim City Manager Roger Larson — Finance Director From: Stacie Kvilvang Date: October 25, 2011 Subject: Refinancing of Public Facilities Lease Revenue Bonds, Series 2003 Overview In 2003, the City issued $5,530,000 in lease revenue bonds to finance the construction of the Fire Station and Public Works Facility. The date on which these bonds can be called (refinanced or paid off) is February 1, 2013. However, the City has the ability to complete what is called an advance refunding on any bond issue, meaning you can refinance it prior to the call date, once in the life of the bond. We are recommending moving forward with an advance refunding on this bond issue due to the very favorable interest rates within the market. In addition, we are recommending refunding these bonds as general obligation bonds to further reduce interest costs, thus increase savings to the City. Primary Issues to Consider: 1. Why are we refunding these bonds as General Obligation bonds? 2. What is the process for the issuance of these bonds? 3. What is the timeline for the issuance of these bonds? Analysis of Issues: 1. Why are we refunding these bonds as General Obligation bonds? The reason we are recommending to refinance these bonds as general obligation bonds is to further increase the annual interest savings to the City. Lease revenue bonds have a higher interest rate associated with them because the repayment is based upon a pledge of revenues, which in this case is an annual appropriation in the General Fund budget by the City. Since the bonds are not backed by the City's general obligation pledge of its taxing authority, they are viewed to be more risky because the City could choose in any year not to levy for the payment. Current interest rates on these bonds are 3.2% to 4.15%. If these bonds were refinanced as lease revenue bonds, there would not be adequate interest rate savings to justify refinancing them. Based upon refinancing the bonds as general obligation bonds, the interest rates are estimated to ``' (J QQ 3060 Centre Pointe Drive H LE RJ Roseville, MN 55113-1105 e.._.._.__..._.___...______. LEADERS IN PUBLIC FINANCE Phone: 651-697-8506 Fax: 651-697-8555 skvilvang@ehlers-inc.com 92 Jay Hartman Refinancing of Public Facilities Lease Revenue Bonds, Series 2003 October 25, 2011 Page 2 be significantly lower, thus providing annual savings to the City, beginning in 2013. In addition, lease revenue bonds require a debt service reserve fund, which the City currently maintains on the existing bonds. This amount is approximately $437,430 and was funded by the City's Water Filtration Fund. By refinancing as general obligation bonds, these funds will no longer be restricted for the City. 2. What is the process for the issuance of these bonds? In order to utilize this type of financing, the City has to prepare a 5 -Year Capital Improvement Plan (CIP) for the refinancing which is presented at a public hearing to solicit comment and feedback from the community. Upon conclusion of the public hearing, the Council must approve the CIP via a 3/5th vote. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of the bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall be called (if a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity). It should be noted that since the reason for issuing these bonds is for interest (cost) savings to the community and tax payers, a reverse referendum petition is unlikely. 4. What is the timeline/process for the issuance of the bonds? Following is the proposed schedule for the issuance of the bonds: November 8, 2011: City Council holds public hearing at 8:00 p.m. on CIP Bonds and on Capital Improvement Plan and adopts resolution giving preliminary approval for their issuance and approving Capital Improvement Plan by at least 3/5°i of the Council members December 8, 2011: Reverse referendum period ends December 13, 2011: City Council accepts offer for Bonds and adopts resolution approving Please contact me at 651-697-8506 with any questions. CITY OF ST. ANTHONY Resolution 11-067 RESOLUTION CALLING PUBLIC HEARING ON THE INTENTION TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS AND THE PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN THEREFOR WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of St. Anthony, Minnesota (the "City") may issue bonds to finance capital improvements under its capital improvement plan (the "Plan") without an election provided that, among other things, prior to issuing general obligation capital improvement plan bonds (the "Bonds") the City adopts the Plan after holding a public hearing thereon and publishing a notice of its intention to issue the Bonds and the date and time of a hearing to obtain public comment on the issuance of the Bonds and adoption of the Plan; and WHEREAS, the City Council will hold a public hearing on November 8, 2011, on its intention to issue the Bonds and to adopt the Plan; and NOW, "THEREFORE, BE TT RESOLVED by the City Council of the City of St. Anthony, Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the Bonds and to adopt the Plan, the public hearing to be held on the date and time set forth in Exhibit A attached hereto. The City Clerk has caused the notice of public hearing to be published at least 14 but not more than 28 days before the date of the public hearing in the official newspaper of the City or a newspaper of general circulation in the City and further, the City Clerk may post the notice of public hearing on the City's official website, if any, at least 14 but not more than 28 days before the date of the public hearing. Adopted this 25`x' day of October, 2011 ATTEST: City Clerk Reviewed for administration: Mayor Interim City Manager 93 Iw4su" CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE GENERAL OBLIGATION CAPITAL, IMPROVEMENT PLAN BONDS ANDTHE PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN THEREFOR NOTICE IS HEREBY GIVEN, that the City Council of the City of St. Anthony, Minnesota, will meet on November 8, 2011, at 8:00 p.m. at the City Hall, 3301 Silver Lake Road NE, in St. Anthony, Minnesota, for the purpose of conducting a public hearing on (a) the intention to issue general obligation capital improvement plan bonds in an amount not to exceed $4,000,000 and (b) the proposal to adopt a capital improvement plan therefor. The proceeds of the bonds will be used to finance the acquisition of the existing Public Works Facility and Fire Station from the Housing and Redevelopment Authority in and for the City of St. Anthony, Minnesota (the "HRA"), the lessor of the Public Works Facility and Fire Station under the outstanding lease agreement and refund the HRA's outstanding principal amount of its Public Facilities Lease Revenue Bonds, Series 2003 (City of St. Anthony, Minnesota Lease Obligation), dated July 1, 2003 in anticipation of reducing debt service costs to the City. All persons interested may appear and be heard at the time and place set forth above. If a petition requesting a vote on the issuance of the bonds is signed by voters equal to five percent of the votes cast in the City in the last general election and is filed with the City within thirty days after the public hearing, the bonds may only be issued upon obtaining the approval of the majority of the voters voting on the question of issuing the bonds. Individuals unable to attend the public hearing can make written comment by writing to the City Clerk, St. Anthony City Hall, 3301 Silver Lake Road NE, St. Anthony, Minnesota 55418- 1667. Written comments must be received prior to the date and time of the public hearing. BY ORDER OF TI IE CITY COUNCIL City Clerk CITY OF ST. ANTHONY Resolution 11-068 RESOLUTION CALLING PUBLIC HEARING ON THE INTENTION TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS AND THE PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN TI EREFOR WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of St. Anthony, Minnesota (the "City") may issue bonds to finance capital improvements under its capital improvement plan (the "Plan") without an election provided that, among other things, prior to issuing general obligation capital improvement plan bonds (the "Bonds") the City adopts the Plan after holding a public hearing thereon and publishing a notice of its intention to issue the Bonds and the date and time of a hearing to obtain public comment on the issuance of the Bonds and adoption of the Plan; and WHEREAS, the City Council will hold a public hearing on November 8, 2011, on its intention to issue the Bonds and to adopt the Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the 'Bonds and to adopt the Plan, the public hearing to be held on the date and time set forth in Exhibit A attached hereto. The City Clerk has caused the notice of public hearing to be published at least 14 but not more than 28 days before the date of the public hearing in the official newspaper of the City or a newspaper of general circulation in the City and further, the City Clerk may post the notice of public hearing on the City's official website, if any, at least 14 but not more than 28 days before the date of the public hearing. Adopted this 25°i day of October, 2011 ATTEST: City Clerk Reviewed for administration: Mayor Interim City Manager 95 STAFF REPORT To: Mayor and City Council Jay Hattman, Interim City Manager From: Kim Moore -Sykes, Assistant City Manager Date: October 25, 2010 Subject: Keeping Chickens in an R-1 'Zoning District Requested Action: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: Council Approval of Request October 12, 2011 2816 Coolidge Street NL R-1 N/A Yes Date Sent: NA No X Background: Staff received a call from the Applicant asking what she needed to do in order to be able to have chickens. Ms. Steffenson was given information as stated in the City's Ordinance and about the approval process with the City Council. The Ordinance at Subsection 91.56, KEEPING OF CERTAIN ANIMALS, whereby no person may keep swine, ... , or fowl, within the City nearer than 500 feet to any human habitation or platted land, without approval of City Council. Ms. Steffenson submitted the attached letter as a request for keeping chickens for the City Council. Attachments: • Applicant's Request Letter • Resolution 11-069; To approve a request to Keep Chickens in an R-1 Zoning District Staff Request to have Chickens Coolidge Stree Staff Report Ken Steffenson 2816 Coolidge Snnei. N1 St. Anthony Village, Minnesota 55,118 phone: tj 12-788-2059 Date: October 12, 2011 To Whom It May Concern: We are residents at the earner of Coolidge and Murray, and would like to request permission to raise chickens in our backyard. Our plan would be to build a small coop attached to an existing shed, large enough to house 1, laying hens. We would not keep a rooster. Our interest is to have fresh eggs, and in this small Nvay to be close to our food source. Your prompt attention to this matter would be greatly appreciated as the weather is changing, and we would like to begin this project as soon as possible. Sincerely, Ken and Kay Steffenson CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION 11-069 RESOLUTION TO APPROVE A REQUEST TO KEEP CHICKENS IN AN R-1 'ZONING DISTRICT WHEREAS, Staff received a request for information from Ms. Kay Steffenson, 2816 Coolidge Street NE, about whether or not the City allows chickens in the residential zoning district; and WHEREAS, The City of St. Anthony Code of Ordinances, Section 91.56,Keeping of Certain Animals, specifies that livestock, including chickens, require approval from the City Council; and WHEREAS, Ms. Steffenson has submitted a written request for approval from the City Council, as outlined in Subsection 91.56, to approve her request to keep chickens; and WHEREAS, Ms. Steffenson also stated that she has spoken with her neighbors and advised Staff that they are not opposed to her family keeping chickens; and WHEREAS, Ms. Steffenson described the enclosure that will house the chickens and that it will be kept in the fenced back yard; and WHEREAS, Hennepin County Environmental Health Division has stated that this matter is within the City's jurisdiction and authority; and NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony has completed its consideration of the request for approval to keep no more than three (3) female chickens in an R-1 Zoning District and do hereby approve this request from Ms. Kay Steffenson, dated October 25, 2011. Adopted this 25th day of October, 2011. ATTEST: City Clerk Reviewed for administration: Mayor Interim City Manager reffiel WAD FUTURE COUNCIL AGENDA ITEMS October 25, 2011 Meeting Meeting Items/Issues Staff present Date Type City Council October 31 Worksession Dominium Development Discussion Interim City Manager Review Funding for Infrastructure Improvements Finance Director Stacie Kvilvang Presentation from Ramsey County Attorney John Choi City Council Approve Plans & Specifications, and Order Advertisement for Interim City Manager Regular Bids for the 2012 Street & Utility Improvement Project City EngineerNovember 8 � � Public Hearing on CIl Bonds and on Capital Improvement Plan 8 Pm Resolution giving Preliminary Approval for their Issuance. (Capital Finance Director hre�iroveynznt Plan needs to be approved by at lease a 3/5dts vote) Stacie Kvilvang City provides for Sale of Bonds Police Chief' ef' SpecialCity Council November 16 Canvassing of 2011 Flection Results Interim City Manager 5:30 pm City Clerk City Council November 22 Regular Planning Items from November 15 Interim City Manager Adopt GASB 54, Standards Finance Director City Auditor Special City Council November 29 Joint Meeting with School Board City Manager 5:30 pm School Board Adopting the 2012 Tax Levy and Budget City Council December 13 Regular Appointments to Parks &Planning Commission City Manager Accept Offer for Bonds and Approve Sale of Bonds DepartmenC Heads Stacie Kvilvang 2012 IIousekeeping Issues Designation of Mayor Pro Tem Financial Transactions regarding City Financial Accounts Official Depository for City Funds City Council January 10 Regular Legal Newspaper City Manager Mayor - Outside organizations Council members - Outside organizations Rules of Conduct for City Council meetings Elected Official Travel Policy January 24. Regular Planning Items from January 17 City Council City Manager HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY VILLAGE October 25, 2011 Call to Order. Roll Call. I. Approval of October 25, 2011, H.R.A. Agenda. if. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve September 27, 2011, H.R.A. Minutes. (pp. 1 — 2) B. Claims. (p. 3 ) III. Public Hearings. IV. General Policy of Business of the H.R.A V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. FACouncil 1vleetings12011\10252011WRA agenda.doe 1 1 CITY OF ST. ANTHONY 2 HRA REGULAR MEETING MINUTES 3 SEPTEMBER 27, 2011 4 5 CALL TO ORDER. 6 Chair Faust called the meeting to order at 8:24 p.m. 7 8 ROLL CALL. 9 Commissioners present: Chair Faust; Commissioners Gray, Jenson, Stille, and Roth. 10 Commissioners absent: None. 11 Also Present: Interim Executive Director Jay Hartman. 12 13 14 1. APPROVAL OF SEPTEMBER 27, 2011 HRA MEETING AGENDA. 15 16 The September 27, 2011, Housing and Redevelopment Authority Agenda was approved as 17 presented. 18 19 II. CONSENT AGENDA. 20 21 Motion by Commissioner Stille, seconded by Commissioner Jenson, to approve the Consent 22 Agenda, which consisted of: 23 24 A. H.R.A. Meeting Minutes of August 23, 2011 and 25 13. Claims. 26 27 Motion carried unanimously. 28 29 HI. PUBLIC HEARINGS. 30 31 None, 32 33 IV. GENERAL POLICY OF BUSINESS OF THE H.R.A. 34 35 None. 36 37 V. STAFF REPORTS 38 39 None. 40 41 VI. H.R.A. COMMISSIONER COMMENTS 42 43 None. 44 45 VII. INFORMATION AND ANNOUNCEMENTS 46 47 None. 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Housing and Redevelopment Authority Meeting Minutes September 27, 2011 Page 2 VIII. ADJOURNMENT Chair Faust adjourned the meeting at 8:25 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. AT TEST: City Clerk Chair 2 N OJ N O W W M '-jwY�1 H b On n z m nn [n x Y Ov wM ro o C Ft Nt2l w 0 Ob W O W Y n n h f tan d w Nx O H In t+1 7J pi :5 xro v �x [n x m Or Hn la n y M Y) n T N H n z x n x m �Q m rt N Y T �l mm 00 n n ip OJ x o�p Ye 00 N N moi y Ul �P OW C O PN J� ,-J Y O j N O Nw O l W 13 0< ow H nC Ff t. r n n Y t=� 3