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HomeMy WebLinkAboutPL PACKET 05121989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100429 Box: 15 Folder: PL PACKETS 1989 Document: PL PACKET 05121989 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA May 12, 1989 7:30 p.m. CITY COUNCIL CHAMBERS I, Call to Order. II. Roll Call. III. Minutes. Planning Commission - April 5, 1989. IV. Designate Commission Representative to the Council Meeting on May 23, 1989. • V. Public Hearings. VI. New Business. A. Recommendation re: signage at the Stonehouse, 2700 Highway 88. B. Consideration of Request from Mid-America Dairymen, Inc. , 2912 Pentagon Drive. VII. Miscellaneous. A. Informational. Lang/Nelson request for Council permission for a temporary rental trailer and temporary additional signage for sales at Autumn Wood. VIII. Adjournment. C=TY OF S T _ ANTHONY P LANN=NG COMM 2 S S 2 ON M=NUTS S APR= L 5 1 9 8 9 2 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led 3 by. Chair Madden. 4 ROLL CALL 5 Present: Brownell, London, Franzese, Madden, Wagner. 6 Absent: Hansen, Werenicz. 7 Also present: David Childs, City Manager 8 Sue VanderHeyden, Assistant to the City Manager 9 JANUARY 17, 1989 PLANNING COMMISSION MINUTES 10 Motion by Brownell, seconded by Wagner to approve with the following 1 changes: 2 Page 2, line 4: Insert "Shopping" between "Village" and "Center". 13 Page 3 , line 28: Substitute "couldn't" for "wouldn't" . 14 Page 6, line 2: Correct "representatives" . 15 Page 11, line 9: Insert "and wall signs" following "signs" . 16 Page 11, line 28: Insert "to" between "required" and "met". 17 Page 11, line 36: Correct "going" . 18 Motion carried unanimously. 19 COMMISSIONER FRANZESE TO REPRESENT PLANNING COMMISSION AT APRIL 11TH 20 COUNCIL MEETING 21 PUBLIC HEARINGS .22 Smaller Wall Sign Exchanged for Two Canopy Signs on Salvation Army 23 Thrift Store 24 At 7:35 P.M. Chair Madden opened the public hearing to consider the 25 request from the Salvation Army Thrift Store at 2500 - 38th Avenue N.E. 26 for a variance from the Sign Ordinance of the City Code to allow two 7 27 foot by 3 foot (21 square feet each) signs to "be installed on the canopy 28 at the above location in addition to the existing 50 foot by 3 foot wall 29 sign on that building. The Sign Code allows one wall sign per business, 1 I not larger than 150 square feet in sign surface area. The variance 2 request is for two additional signs totaling an additional 42 square 3 feet in sign surface area. 4 The Chair read the notice of the hearing which had been published in the 5 February 8th Bulletin and mailed to all property owners of record within 6 200 feet of the subject property. No one present reported failure to 7 receive the notice or objected to its content. 8 Staff Report 9 >Ms. VanderHeyden, in her March 31st memorandum, had advised that the 10 store frontage was 140 feet for which only one sign no larger than 150 11 square feet was allowed by the Sign Code and that the additional 42 12 square feet of canopy sign would bring the store's total signage to 13 192 square feet. 14 >Her memorandum had related the justifications the applicants 15 perceived for allowing the variance and pointed out that this business 16 had only one frontage and was not located on a corner. 17 >The Assistant to the City Manager had also suggested a compromise 18 under which the wall signage could be removed in exchange for the two 19 canopy signs. 20 >Mr. Childs reported that the canopy signs were erected without City 21 permission around the first of the year and when drawn to the 22 applicant's attention, the Salvation Army had opted to seek a variance 23 to keep the additional signage. 24 >Mr. Childs said the matter was scheduled to come before the Planning 25 Commission February 21st but that meeting had been cancelled because 26 of a lack of a quorum and was rescheduled for April 5th instead. 27 >The City Manager reported staff had received no calls either for or 28 against the variance since the Notice of Hearing had been published. 29 >Photos. of the three signs were included in the agenda packet. 30 Dan Kaufman of Kaufman Sign Company 31 >Took full responsibility for putting up the non-conforming signage, 32 indicating a salesman who was no longer with the firm had assured the 33 sign company that he had cleared-erection of the signs with the City. 34 . >Said* the Salvation Army .had asked him to do everything he could to 35 keep the signs up and suggested a compromise under which the 3 X 16 36 "Furniture" panel could be taken down to reduce the .total square 37 footage to 144 square feet, which would meet the City's requirements. 2 1 >Indicated the Thrift Store owners perceived a need to identify the 2 entrance to the store in that multi-use building from both the east and west from which point the wall sign was not visible at all. 4 >Told Commissioner Franzese that removing the "Furniture" panel would 5 provide better separation between the Thrift Store signage and the 6 sign the tenant who goes in between the Thrift Store and the 7 Alternative erects for that business. 8 No one else was present to speak either for or against the variance and 9 the hearing was closed at 7:43 P.M. 10 Commission Reaction it Commissioner Wagner commented that he perceived there was a need for 12 identification of the Thrift Store entrance on that side of the 13 building, which has so many windows and doors. He thought the trade- 14 off between the reduction of the wall signage and allowance of the 15 canopy signage to a size in better conformity with the size of the store 16 to be a fair one. 17 Commissioner Brownell remarked that his first choice would have been to 18 eliminate the entire banner sign which is really only visible from the. 19 north and isn't even illuminated to be seen during the winter evening 20 hours when the store is open. He said he perceived the canopy signs, 21 which are illuminated, provided visibility from the north, east, and 22 west. The Commissioner said, he could go along with all three signs as long as the total square footage was reduced to below the 150 square feet allowed that business. 25 Commissioner Madden indicated that in view of the fact that the City's 26 liquor warehouse next to the Thrift Store had excess signage, both in 27 quantity and square footage, and the City had also set the precedent 28 for three canopy signs at the Stonehouse, he found it very difficult to 29 recommend this request not be granted. 30 Commissioners London and Franzese indicated they concurred that the 31 reduced signage would be acceptable. 32 Planning Commission Recommendation 33 Motion by Franzese, seconded by Wagner to recommend that the Council 34 grant a variance for two 7 feet by 3 feet additional canopy signs (42 35 total square footage) at the entrance to the Salvation Army Thrift Store 36 at 2500 - 38th Avenue N.E. on the condition that the existing 150 square 37 foot wall sign be reduced to a size which would bring the total sign 38 surface for that store under the 150 square feet the Sign Code allows 39 a store with 140 feet of frontage. ' 40 In recommending the variance be granted, the Planning Commission finds '41 that: 3 1 1. Staff had received no calls opposing the variance before the hearing 2 and no one spoke against the request during the hearing. 3 2. A precedent for non-conforming signage had been established with the 4 business just east of the Thrift Store. 5 3. A hardship was perceived for the store owners because of the store's 6 lack of visibility from the south, east, and west without the canopy 7 signs. 8 4. Better demarcation of the store's entrance is provided by signs which 9 have already been erected on the store canopy. 10 Motion carried unanimously. 11 Four to One Vote Recommends Approval of a Family Day Care Center at 12 3808 Macalaster Drive N.E. 13 At 7:51 P.M. the Chair opened an informal discussion of the request for 14 the conditional use permit for a day care center pending the published 15 8:00 P.M. hearing time. The Notice of the Hearing to consider the 16 request from Village Properties, Inc. for a conditional use permit to 17 allow establishment of a day care facility for from 12 to 14 children 18 under the R-4 Apartment Zoning Classification for Macalaster Apartments 19 was read aloud. 20 The Notice of the Hearing had been published in the February 8th 21 Bulletin and mailed to all property owners of record within 350 feet of 22 the subject property. No one present reported failure to receive the 2 3--rnotice or objected-to -its--content:— -- - --- - -- -— -- -- - --- - 24 >Ms. VanderHeyden's March 31st memorandum reported the applicants were 25 asking they be allowed to convert a garden level, 950 square foot, two 26 bedroom apartment for the proposed use which met the ordinance 27 requirement for no more than a total of 1,000 square feet, for which 28 the ordinance allowed no advertising or signing on the exterior of the 29 building or yard. 30 >The applicant, Kenneth Solie, testified that a. measurement of the 31 - space had revealed it was only 9.50 square feet rather than the 1,050 32 square feet originally proposed. 33 >Ms. VanderHeyden had also advised the justifications the applicant 34 perceived for allowing the permit and pointed out that the concept of 35 daycare facilities was one which was new to the City. 36 >The agenda packet included a copy of the March 3rd letter from the 37 Licensing Unit of the Ramsey County Community Human Services 38 Department, establishing criteria under which a license for the use • 39 could be issued pursuant to Chapter 9502 of the County's licensing 4 9 1 requirements for Group Family Day Care facilities for which the County 2 would recommend the State issue a Class C GFDC license. 3 >The Ramsey County Social Worker who would be responsible for the 4 facility had also indicated in her letter that she perceived a need 5 for more day care openings in the St. Anthony area and said "a 6 proposed Group Family Day Care residence in Apartment 5 at 3808 7 Macalaster Drive would certainly help parents find day care close to 8 home. " 9 >Mr. Childs indicated he perceived it was up to the Commission to 10 determine whether a day care facility fell within the "service or 11 convenience. type business catering to the residents of such building 12 complexes" criteria, adding that staff was suggesting that it does. 13 >Mr. Childs also pointed out that there are more than 40 children in 14 that particular apartment complex and he said he perceived this might 15 be even better for parents than having day care in the workplace. 16 >Mr. Childs assured Commissioner Franzese that he had talked to the 17 City Attorney about the permit, and that Mr. Soth had perceived there 18 would be no more chance of incurring liability from this facility 19 than for any other conditional use permit issued or other action by 20 either the Commission or Council. 21 The applicants' testimony was taken a few minutes before 8:00 P.M. with 22 the understanding that it would be repeated if any interested persons jrarrived earlier, which no one did. 4 Kenneth Solie and Jerry Cowan of Village Properties, Inc. , 2196 Pentagon 25 Drive 26 >Indicated they would be seeking a Class C Ramsey County Day Care 27 rather than a State Group Day Care license because the latter, which 28 is issued for many more than the maximum of 14 children they 29 anticipated for this facility, was much more restrictive when it came 30 to providing secured play areas and required a commercial kitchen and 31 a more restrictive ratio of caretakers per number of children. 32 >Said the Class C license would allow a -mix of up to four each of 33 infants; toddlers (2 to 4 years of age) ; preschoolers; and "latch key 34 children up to sixth grade who might be at the center before and after 35 school hours to •be cared for by two staff persons. 36 >Reported they had contracted with a three year employee of the 37 Learning Centers who was now working with Ramsey County to be licensed 38 to operate the facility. 39 >Said that person would rent the apartment from Village Properties, 40 Inc. and would repay the investment the firm makes in the facility on 41 a schedule of payments, adding that strangely enough, Ramsey County 42 required no special insurance for these types of facilities. 5 a 1 >Indicated the license would be issued to both that person and to the 2 facility location and would be overseen by Diane Phillippi, the social 3 worker who had written the March 3rd letter. 4 >Suggested the permit be issued to the apartment complex rather than 5 to a specific apartment so it would cover another unit in another 6 building if the success of this apartment proved great enough to 7 justify a similar service in the other building or the facility was 8 moved to another building two or three years down the line. 9 Commissioner Brownell, opposed that suggestion, saying he preferred 10 having the permit issued specifically for Apartment 5, 3808 Macalaster it Drive, even though the applicants had stated the County would have to 12 approve any move and the Fire Department would certainly know where it 13 was if they provided the fire inspection required by the County. 14 When Mr. Solie told Commissioner London there were no- plans to secure 15 the play area because the County license did not have that .requirement 16 and because all 44 children in the complex were already used to playing 17 wherever they wanted in the play area provided for them. The 18 Commissioner indicated he perceived it might be . very difficult for the 19 one caretaker which the license legally permitted to oversee 10 children 20 to watch out for the ones she was responsible for among all the other 21 children playing in that area. Mr. Solie said the same license is 22 issued for one provider day care in homes for up to 10 children without 23 requiring those yards to be fenced in. Mr. Cowan said he could 24 understand the Commissioner's concern for the welfare of the children 25 but didn't think Village Properties should be obligated to provide 26 anything more than the Class C license required for a facility. _ - 27--Commissioner-Madder indicated--it was -the City's prerogative to impose 28 any condition it perceived necessary on this type of permit. 29 Mr. Solie indicated the reason his letter had indicated day care might 30 be provided for children living outside the apartment complex had been 31 so they could continue to provide such service to families who moved 32 away but wanted their children to remain in the facilities. He 33 perceived it might be a handicap to have such restrictions placed on the 34 facility. Commissioner London indicated his concern with having people 35 from other locations use these facilities was based on what he observed 36 were safety problems around the Community Center right now with parents 37 constantly driving up to leave off or pick up their children and often 38 leaving unattended cars with the motors running. He perceived this 39 might result in a hazard for an apartment building without a specific 40 area for such operations. 41 The applicants agreed a state license would probably not allow the use 42 of an apartment which is below ground level, but such facilities are 43 allowed by the County license. 44 When no one else offered further input to the discussion, the Chair 45 closed the hearing at 8:11 P.M. 6 1 Commission Reaction 2 Commissioner Franzese said as a working mother she viewed this as a 3 great service for the Macalaster residents because she knew from past 4 experience having a baby sitter so close by was a real asset. She also 5 pointed out that the City can do more about unsatisfactory service with 6 a licensed facility than with a similar service in a private home which 7 is not licensed. The Commissioner indicated she expected a mother 8 dropping off a child from outside the complex would probably be an 9 exception rather than the rule for this type of facility and she 10 anticipated all kinds of problems trying to fence in a particular 11 segment of children on a playground where all children have always 12 played together without fencing. She also perceived the mix of children 13 required less supervision on the playground than if they were all of an 14 "unruly age. " Commissioner Franzese said she also liked to see "private 15 enterprise" involved in this type of service and expected because of the 16 "supply and demand" which would probably develop for the service, 17 parents should probably be the best evaluators of the care their 18 children received. 19 Commissioner London viewed the County license as providing "minimal 20 care" and said he would rather see a more restrictive state license 21 required for the facility because of his own experience the past .seven 22 years with day care "some good, some not so good" for his two children 23 who are both still in day care. He said he thought even with a mix of 24 ages, 10 children were too many for one caretaker and even two for 14 J' children with certain mixes would not be enough. The Commissioner said he considered a "half basement facility without a direct access to the 7 outside marginal at best. " He then pointed to the drainage swale in 28 back of the playground which he thought might present an unsatisfactory 29 play area when the ground is wet where a person trying to keep track of 30 8 or 10 kids at a time might not notice where the children were playing. 31 Commissioner Wagner said he basically agreed with Commissioner Franzese 32 that this facility would be a benefit to the parents in that apartment, 33 although he knew the County's requirements were minimum, he wasn't 34 certain just how much more control should be required for a facility of 35 this size. However, the Commissioner said his biggest concern was not 36 having a fenced play area in a complex where there is a swimming pool . 37 Commissioner Brownell indicated he also favored day care being offered 38 as a service to the parents of this apartment complex, but shared the 39 concerns . of others about the lack of a controlled play area with the 40 level of supervision the license allowed. 41 Commissioner Fadden said he perceived the use would provide a much 42 needed service which would benefit the community but agreed that it 43 might be difficult for one day care provider to keep track of her own 44. charges playing outside with about 30 other children in a non-secured 45 area. 7 1 Commissioner London said he also recognized how hard it was to find day 2 care but his only concern was that such a facility be "a good one" with 3 conditions, equipment and supervision adequate enough to provide that 4 kind of care. He agreed that having day care available in the same 5 complex would be wonderful for the parents but still saw potential 6 problems in this proposal which could be improved. i 7 Commissioner London told Mr. Solie he wasn't so much suggesting he 8 "corral the kids into one area," but rather that at least the back 9 perimeters of the property where there is an open area next to the 10 parking lot leading to a slope going down to the highway be fenced to 11 prevent kids from wandering away from only one supervisor. 12 Commissioner London concluded by saying he thought this facility should 13 be licensed under state requirements because . he would have real 14 reservations with setting a precedent -for other facilities of the same 15 type over which the City had so little control, especially over children 16 who are not under the supervision of their own parents or the day care. 17 During the discussion of her eliminating the apartment number from her 18 motion, Commissioner Franzese said she perceived that with the County 19 oversight and the City fire department having to know the location of 20 the facility to make the necessary fire inspection, the City might be 21 imposing unnecessary limitations on the permit by requiring specific 22 identification of the facility location. However, she 'conceded that she 23 was outnumbered by Commissioners who disagreed and included that 24 specification in the following: 25 Planning Commission Recommendation - --2-6-Motion -by Franzese, seconded-by Brownell to recommend--the City Council 27 grant a conditional use permit to Village Properties, Inc. for a Class 28 C Ramsey County Licensed Family Day Care facility for up to 14 children 29 to be located in Apartment 5, 3808 Macalaster Drive N.E. , finding that: 30 1. The use meets the specifications of Section 7, Subdivision 3 , number 31 3 for a conditional use permit and satisfies the conditions Minnesota 32 statutes and City ordinances require to be satisfied before a 33 conditional use permit can be authorized. 34 2. Staff received no calls in opposition to the permit before the hearing 35 and there was no public opposition to the proposal expressed during 36 the hearing. 37 3. The Commission perceives a real benefit from this use would be 38 provided for the residents of that apartment complex. 39 Voting on the motion: 40" Aye: Franzese, Brownell, Madden, Wagner. 4.1 Nay: London. 8 y 1 Notion carried. •2 Three to Two Vote Recommends ARoroval of Sign Variance Request From 3 Hardees 4 At 8:45 P.M. the Chair opened the public hearing to consider the 5 request from Hardees, 4004 Silver Lake Road for a variance to the Sign 6 Ordinance to allow a 37.1 square foot wall sign on the westerly portion 7 of the south facing mansard roof in addition to the 76 square foot 8 freestanding sign for which a variance was granted in 1985. The total 9 signage for the restaurant would be 107.1 square feet, where the City 10 ordinance allows 150 square feet -but only one sign per establishment. 11 Chair Madden read aloud the Notice of the Hearing which had been 12 published in the February 8th Bulletin and mailed to all property owners 13 of record within 200 feet of the subject property. No one present 14 reported failure to receive the notice or objected to its contents. 15 Staff Report 16 >Ms. VanderHeyden's March 31st memorandum addressed the special 17 circumstances supporting the applicant's variance request and drew a 18 comparison with the request and action taken by the City in August, 19 ' 1988, related to the Burger King restaurant being considered in -the 20 same location as the vacant Sports and Health Club building north of 21 the Apache Mall. 22 >The agenda packet included copies of the minutes pertinent to the �3 1985 variance for the freestanding sign as well as those providing 4 information related to the 1988 variance for signage on the Burger 25 King facility, which has not yet been constructed at Apache. 26 >Specifications for the proposed wall sign were also- included for 27 Commission consideration. 28 >Mr. Childs reiterated that, as reported in the minutes, when the 29 applicant, Kenneth Johnson, was remodeling his restaurant in 1985, he 30 had decided to take down the sign he had on the roof and place it as 31 a groundhugging sign next to Silver Lake Road. Although he had failed 32 to provide the cement base -or landscaping around the sign which he had 33 promised when he had been granted a variance for the monument sign in 34 lieu of wall. signage, Mr. Childs said Mr. Johnson had indicated to him 35 he was prepared to finish the job this spring but now perceived the 3E need for wall identification as well.. 37 >The City Manager reported the restaurant owner perceived the 38 additional signage was necessary because the Mobil Station, its 39 signage and the vehicles around it, cut down visibility of his 40 establishment for traffic going north on Silver Lake Road or turning 41 onto the service road between the Midwest Federal building and the 42 station which leads to his restaurant. 9 1 >Mr. Childs commented that although the request for the Burger King 2 ' signage had generated so much opposition from the townhome residents � 3 living across Silver Lake Road, the Notice of the Hearing about this 4 signage, which went out to the same property owners, had generated no 5 response at all from any of those same people. 6 Kenneth Johnson, 1927 Simpson, Roseville, MN 7 >Said this would be the fourth remodeling project he had undertaken 8 in the twenty years Hardees had been at that location. 9 >Described the building exterior, parking lot and lighting 10 improvements he was making, saying they included tearing up the 11 pavement in front of the sign and landscaping all around the base he 12 would be providing for the sign. 13 >Told Commissioner Wagner that although there was poor visibility of 14 the sign for some traffic, he still thought the sign was needed in 15 that location, although he had to concede it had been easier to see 16 from the Apache parking lot when it was up on the roof. 17 When no one responded to his invitation to speak to the issue, Chair 18 Madden closed the hearing at 8:51 P.M. for Commission discussion. 19 Commissioner Franzese said, considering the excess signage Burger King 20 had been granted for their restaurant and perceiving the gas station did 21 somewhat prevent potential customers from seeing that this was a Hardees 22 Restaurant, she would have no problem recommending, the additional 03 signage which she considered essential to the restaurant owner's 24 business, especially with such a strong competitor locating almost next 25 door. 26 Commissioner Wagner indicated he had not been too happy with all the 27 signage Burger King was granted, but said he didn't think a fair 28 comparison could be made between this restaurant's location and the 29 remote site away from the road where the Burger King . Restaurant is 30 proposed to be constructed. However, he said it bothered him somewhat 31 that the owner was now proposing to erect another sign which would 32 result in the business having one sign more than the ordinance allowed. 33 Commissioner London explained his vote for the Salvation Army Thrift 34 Store signage, which he perceived was vital to that business in its 35 location with little or no visibility_ from three directions. He said 36 on the other hand Hardees sign next to Silver Lake Road clearly 37 identified that restaurant from almost every direction. The 38 Commissioner said he thought the restaurant was almost a sign itself and 39 that the freestanding sign did an adequate job of identifying the 40 business from almost every direction on Silver Lake Road. The 41 Commissioner stated that he 'would not be in favor of another variance 42 being granted for a roof sign. • 10 1 Commissioner Brownell said he also would not be in favor of granting a 2 variance for another sign on this restaurant because he questioned � 3 whether conditions 2 or 3 in the application could be considered to be 4 satisfied with the request. He indicated he could see no unique 5 topography which warranted special consideration and doubted whether "a 6 particular hardship was created for the property because the restaurant 7 can't be seen from Apache Plaza" because his own personal observation 8 had been that neither the restaurant nor a sign on its mansard roof 9 could be seen from Apache. 10 Commissioner Madden said that although he recognized the circumstances 11 for Burger King were somewhat different, he nevertheless perceived that 12 signage had a direct bearing on this restaurant because the two 13 • establishments are so close. He indicated he also thought the fact that 14 total signage would now be only 107.1 square feet, where 150 square feet 15 are allowable should be taken into consideration. The Commission Chair 16 indicated he perceived the requested sign would not be a very 17 "domineering" type sign and said he did not find it objectionable. 18 Mr. Childs said he wasn't certain he had clarified his earlier remarks 19 about the sign not being able to be seen from Apache to mean that when 20 a driver is about to turn onto the service road between Midwest Federal 21 and the gas station, the gas station obstructs the visibility of both 22 ' the restaurant and its existing sign from the driver's view before he 23 can decide to make the turn which would take him into Hardees. 24 Commissioner Madden reported having missed the driveway altogether when 25 he was attempting to get to Hardees from the Apache Mall. 6 Commissioner Magner said, like Commissioner Madden, he saw nothing 7 objectionable abou4t the sign which was being requested and thought a 28 sign -on the roof would help the business. However, he said, it still 29 bothered him that the owner hadn't left the sign where it was four years 30 ago. 31 Commissioner London indicated he could see no compelling reason to grant 32 this variance because he perceived the owner had created the hardship 33 himself. He also said he thought the City should not be compelled to 34 repeat a mistake like the one he perceived had been. made with the Burger 35 King signage. Commissioner Brownell echoed his opposition. 36 This led to a discussion of setting precedents which the City Attorney 37 had indicated was not as important as considering each variance on its 38 own merits. 39 Planning Coxnission Recommendation 40 Motion by Wagner, seconded by Franzese to recommend the City Council 41 grant a variance from the Sign Ordinance of the City Code to allow the 42 proposed 37.1 foot wall sign on the westerly portion of the south facing 43 mansard roof of the Hardees Restaurant, 4004 Silver Lake Road, finding 44 that: 11 1 1. The sign meets all three conditions required by statute to be met 2 before a sign variance can be authorized because: � 3 a. It won't be detrimental to the public welfare or injurious to 4 other property in the same area. 5 b. It would help overcome the hardship of not being able to identify 6 the turn into the restaurant. 7 C. The restaurant's setback from Silver Lake Road, where its 8 visibility is obstructed by signage and vehicles are parked in 9 front of a gas station, make it somewhat unique in terms of 10 visibility. 11 2. No opposition to the variance was expressed either to staff prior to 12 or during the April 5th hearing on the request. 13 3 . The City Council recently granted the Burger King Restaurant, which 14 is proposed to be. constructed in close proximity to Hardees, a 15 variance to the Sign Code which permitted multi-signage for that 16 building. 17 Voting on the motion: 18 Aye: Wagner, Franzese, Madden. 19 Nay: London, Brownell. 0 Notion carried. ,21 Mr. Johnson reported ,.he would not be able to attend the April 11th 22 Council meeting and requested their decision be delayed until their next 23 meeting, April 25th. Commissioner Brownell agreed to report the 24 Commission's recommendation related to the proposal at that meeting. 25 Conditional Use Permit to Allow Video Tape -Sales/Rental Recommended for 26 Chuck's 365 at 3813 Stinson Boulevard 27 At 9:10 P.M.., Chair Madden read aloud the Notice of Hearing to consider 28 the request from Thomas Sorensen for a conditional use permit to allow 29 a video-type rental in a "C" Commercial zoned district at Chuck's 365, 30 on the corner of 39th Avenue N.E. and Stinson Boulevard. 31 The notice had been published in the March 15th Bulletin and mailed to 32 all property owners of record within 350 feet of the subject property. 33 No one present reported failure to receive the notice or objected to its 34 content. 35 Staff Report 36 >Mr. Childs' March 31st memorandum advised that this request for the 37 new gas station/convenience store located at the corner of 39th and 38 Stinson was the same as for permits granted previously to other 12 1 facilities who also sold and rented video tapes and suggested that 2 the conditions imposed conform to those the Commission and Council had imposed on those facilities. 4 >The City Manager had attached to his memorandum a copy of the minutes 5 of the March 27, 1986 Council meeting where similar conditions had 6 been imposed on the conditional use permit for video tape and 7 equipment rental granted to the Apache Country Store which could be 8 used as a model for the Commission's recommendation related to this 9 request. 10 >The City Manager reported the applicant had called his attention to it the fact that April 5th had been identified as falling on Tuesday 12 rather than Wednesday in the hearing, but Mr. Childs said this error 13 was a minor one which would not invalidate the notice. 14 >Mr. Sorensen's had been the only call staff had received to date on 15 the request. 16 Commissioner Brownell commented that he perceived the conditions imposed 17 on other such permits had specifically related to the laws of the State 18' of Minnesota relating to obscenity and any ordinance the City might pass 19 relating to the same issue. The Commissioner wondered whether any of 20 those statutes were concerned with the rental of R-rated movies to 21 minors because he had experienced problems with children renting films 22 which were so rated. A check of the City's ordinance revealed no requirement for parental 4 guidance related to such rentals. However, Mr. Sorensen reported that 5 anyone who rented one of his films would have to have a valid drivers 26 license which he perceived would prevent anyone under 16 from renting 27 such materials. He also said although he might carry a few R-rated 28 movies in his establishment he would be willing to stipulate that he 29 never intended to carry X-rated materials. 30 The hearing was closed at 9:20 P.M. for the following: 31 Planning Commission Recommendation 32 Motion by Brownell, seconded by London to recommend the City Council 33 grant a conditional use permit to Gas Unlimited Inc. AKA Chuck's 365, 34 3813 Stinson Boulevard N.E. , to allow the rental of video movies for 35 home viewing on VCR, under the following conditions .established for 36 businesses of this type: 37, 1. There would be no viewing of tapes in the store, except for the bona 38 fide demonstration of tapes and no viewing visible from outside the 39 store. 40 2. The proprietors must comply with all state laws relating to obscenity 41 and to any ordinance of the City of St. Anthony thereafter relating 42 to obscenity. 13 1 3. Conviction of the owner or any of the employees of the owner for 2 violation of obscenity laws in the operation of the store would be 3 grounds for revocation of this permit by the City Council. 4 In recommending the permit be granted, the Planning Commission finds 5 that: 6 A. All three questions in the application which are required by statute 7 to be answered affirmatively had been done so by the applicant and 8 accepted by the Planning Commission. 9 B. Similar permits have been granted to six other St. Anthony businesses 10 prior to this request. 11 C. No objections to the permit had been expressed to staff prior to the 12 hearing and none were forthcoming during the April 5, 1989 hearing. 13 Motion carried unanimously. 14 Activities for City's $26,403.00 1989 CDBG Funds Allocation Recommended 15 by Commissioners 16 At 9: 30 P.M. Chair Madden opened the public hearing for consideration 17 of the activities the City of St. Anthony is proposing to undertake with 18 Year XV Urban Hennepin County Community Development Block Grant funds 19 starting July, 1989. The Notice of Hearing had been published in the 20 March 15th Bulletin and included the Statement of Objectives for seven 21 program areas which the City proposes to accomplish with its CDBG 22 allocation of $26,403 .00. 23 Staff Report 24 >The agenda packet carried a copy of the Notice of Hearing, including 25 the statement of the three activities proposed for the City's 26 allocation as well as the Statement of Objectives; a listing of the 27 1981 allocation by community; the Development Schedule for Year XV; 28 and a copy of the revised CDBG income limits for lower and very low 29 income households for the Section 8 eligibility. 30 >Mr. Childs indicated Ramsey County's program was a competitive one 31 under which the City had received $150,000.00 for the temporary carbon 32 filtration facilities and could probably not expect to receive much 33 more for projects in- St. Anthony for the next few years. 34 >The City Manager explained that traditionally the City's policy had 35 been to allocate 15% of the City's allocation towards Community 36 Service programs which were identified as senior projects but actually 37 covered child care services for which the subsidy request procedures 38 could more easily be handled by the Community Services Department than 39 City staff. 14 1 >Mr. Childs said staff perceived $10,000.00 allocated to the 2 rehabilitation of single family housing would take care of the two 3 such home projects which could be expected to be applied for this 4 year. 5 >He also reported that the Council had perceived there was a real need 6 for recodifying the City Ordinances for which the major portion had 7 been rewritten over 15 years ago. They had therefore proposed 8 $12,500.00 be set aside for that project in 1989. 9 A brief discussion of the use of--the 1988- CDBG allocation -for- sidewalks -- 10 along Kenzie Terrace preceded the closure of the hearing at 9-: 38 P.M. 11 by the Chair, who noted the absence of the public to provide input to 12 the allocation. 13 Planning Commission Recommendation 14 Motion by Brownell, seconded by London to recommend the Council allocate 15 St. Anthony's $26,403 .00 Year XV Community Development Block Grant funds 16 for the following planning activities: 17 Senior Citizen Program $ 3 ,903.00 18 Single Family Housing Rehabilitation $10,000.00 19 (low-moderate income) 20 Ordinance Recodification $12,500.00 21 Motion carried unanimously. #2 New Signage for City Liquor Operations Reported by City Manager 23 The Commissioners seemed very pleased to hear that the City intended to 24 bring the signage for its own operations into conformance with the Sign 25 Ordinance requirements and welcomed the provision of canopied signage 26 reported by the City Manager for the Stonehouse and Apache liquor stores 27 as well as the new sign for the remodeled fire station. 28 Commissioners Bid Fond Good Bye to Mr. Childs 29 Noting that this would be the last Planning Commission meeting Mr. 30 Childs would be attending before he left the City -to serve as New 31 Brighton's new City Manager, the Commission Chair 'congratulated him 32 on his new position and expressed the gratitude of the Commission 33 members for the excellent cooperation and help he had given that Board 34 during his eight years of service to St. Anthony. Mr. Childs responded 35 by saying that although he was happy to assume these new 36 responsibilities, he regretted leaving so many good relationships with 37 Councilmembers, Commissioners, and fellow employees, all of whom he 38 hoped would call him if he could shed any light on actions he had taken 39 while he was the City Manager. 15 . 1 ADJOURNMENT 2 Motion by Wagner, seconded by Brownell to adjourn the meeting at 9:45 3 P.M. 4 Motion carried unanimously. 5 Respectfully submitted, 6 Helen Crowe, Secretary 7 :cjk 8 16 • tvn thou HE e DATE s APPROVAL : May 12, 1989 TO : Planning .Commission Members F ROM : Sue VanderHeyden, Acting City Manager 2 TEM : MID-AMERICA DAIRYMEN (ST. ANTHONY SHOPPING CENTYER) REQUEST Approximately two years ago Mid-America Dairymen, Inc. was allowed a combination of -uses in the St. Anthony Shopping Center (a C-Commercial zone) . By staff interpretation, the company has been allowed to include some warehouse/storage in the back part of its space as long as the operation includes a product retail store in the front. At this time, the retail portion of Mid-America is no longer in operation. Therefore, it is not in conformance with the condition allowing the combination of uses to exist. Mid-America Dairymen, Inc. is requesting that the City grant a temporary delay of enforcement of the condition as indicated by staff, for a specified amount of time (6 - 12 months) to take action in one of the following ways: A. Mid-America would find a commercial/retail use. for the front of the operation which would put them in conformance with the zoning condition. However, this option could possibly cause the back of the store to remain empty and unusable once Mid-America moves out. B. Mid-America would like to locate a tenant to sublease the entire space available, allowing the property to be used to its fullest extent. :cjk5.16. 89 1 q . ain theu 7 HE e DATE : APPROVAL : May 9 1989 TO : Planning Commission Members F ROM : _ — Sue VanderHeyden, Acting City Mana et Z TEM : STONEHOUSE, 2700 HIGHWAY 88 , SIGNAGE VARIANCE RECOMMENDATION The St. Anthony City Council at its April 25, 1989 meeting took action to refer the signage plans for the relocated canopy at the Stonehouse establishment to the Planning Commission for its recommendation. The entire signage package plan is enclosed for your review and comment. As stated in the April 25, 1989 Council minutes, the new canopy sign to be purchased from Arrow Sign Company does not require a variance. With the removal of the restaurant sign now located on the front of the building and the relocating of the existing canopy sign, the new signage is under the 150 square foot sign surface (144 square feet) allowed per business. Action requested is for the Planning Commission to make a recommendation concerning the existing signage on the half barrel canopy sign which is to be relocated over the west entrance to the Stonehouse. The southern exposure of this canopy sign won't be seen, therefore, it does not have to be taken into consideration. A variance recommendation is needed for the lettering for the Stonehouse and Dining and Dancing on the front and northern exposures. Please note that the Stonehouse is located on a corner and can be seen from a number of streets (Kenzie Terrace, St. Anthony Boulevard, and Silver Lake Road) .. (Please refer to -the enclosed City Council minutes for more information. ) :cjk5.16.89 V 1 DATE: April 21 , 1989 • TO: Mayor and Councilmembers FROM: Susan L. VanderHeyden, Assistant to the City Manager ITEM: STONEHOUSE, 27.00 HIGHWAY 88, SIGN PROPOSAL The City has received two bids for proposed signage at the Stonehouse off-sale liquor establishment. The new signage package would include removing the canopy located on the east side of the Stonehouse and moving it to the west side of the building and the removal of the RESTAURANT sign also on the east side of the building. A continuous awning on the front of the building (east side) will then be installed. The two bids received are: J.W. Hulme Company for $6,660.00 Arrow Sign Company for $6,165.00 • The City recommends acceptance of the bid from Arrow Sign Company. Liquor Operations Manager Ray Nelson will be available for any questions. • PROPOSAL J.W. Nulme Company Proposal No. 678 W. 7th Street Sheet No. St. Paul , MN 55102 222-7358 Date 3/6/89 Proposal Submitted To Work To Be Performed At Name Stonehouse Street SAM F ---- --200 7 -88 Street - - - - ' City State City St. Anthony I Data of Plans State h1N 55418 Ray foe l son Architect Telephone Number 781-4122 We hereby propose to furnish the materials and perform the labor necessary for the completion of (1) Move the._ entrance canopy from the front to the back. Add 2'-0 to both sides of the sign panel and valance and 2 support posts..._ .. .$680.00_.- _Add _.................. . .... _....__.._.. - .._ _. ... . .._.(2) Add a-continuous .cascade_ awning on the .front., _._ . _.3.'-0 high _x_2!-.0- projection. x 69.,'70 total width.. _.. ..__ _ Di n i no and Dancing - on the left: sect.i,on...- $5 r350.00-.-. . . Stonehouse ..Ea_r- -and Gri-rill". _ . .on.,.the rj ght.- sec tion.,...Painted..i.n-. 10'.' .letters.. . _._.. .. _ ... . _ .. ._... . ... . _. . Optional egg crating add to price Signrnaster Supreme-_vinyl fabric..- - -.- _ _.. _........._......_ ...... (a 30 _. Lights. ---___ _ . installed Final k.-_up. _to. panel extra.. . ...-_._._................. .. _ .. ..-.. . *Permits to .he taken out. by others.., ....... D,J� . _... _ .'.. - .-. . ........ ... . .... ........ .. . co 5. .wipek. 1 ead. t 1 me, from.. receipt of acceptance..-.... _ _ ... . . .. . . ..... All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars (S 1. with payments to be made as follows:. 50% doe,,n and signed copy of proposal is required- to place order. Ba-lance due 30 days from completion. J.W. Hulme Co. Any alteration or deviation from above specifications involving Respectfully submitted extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All Dan Witham -agreements contingent-upon strikes,accidents or delays beyond Per our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Note—This proposal may be withdrawn Public Liability Insurance on above work to be taken out by JW. HULME CO. by us if not accepted within 60 days ACCEPTANCE OF PROPOSAL The above.prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as o specified.Payment will be made as outlined above. Signature Date Signature TOPS FORM NO. 1750 tJTMO IN U.S.A. PARROW ro sal SIGN CO. ■ S.°ECIFICATtONS AND ESTIMATE H1IfX7 l 18607 Hwy. 65 N.E. _ - Ceder, Minnesofa 55011 No (612) 434-6134 Page No. of Pages PROPOSAL SUBMITTED TO P40NE DATE Muncipal Liquor Operation 781-4122 i4-11-89 STREET JCB NAME 2700 Hwy. 88 �,C�^FtLs��E CITY,STATE AND ZIP CODE St. Anthony. MN. ' ARCHITECT DATI r C.F PLANS JOB PHONE We heteDy proaose to furnish mmergis anD ia='BCtssaT U'ins.'.U:.?5:0'ot. -..-----------._ Awning proposal: Furnish and install 1-69 ' X 4 ' bark-lit- awni ncr per _sk_Ptchi , to i nn1 ude 8n0 MA f 1 nurPgnRnt lamps and bal l agtg,_c_4.*+n+, egg orating_ nttntat•i nn i nr1 tides all And install the above awns ng, l'cn i nrl „races l-n ranccn n �� �st�ng �� ^ r- ansign and the- move of eari�+-ing-half �aarrel +-„ C)thA - rifle of hu}lding. $6 ,165 .00 sales tax included • *Final electrical hook-up and city permits not included ed i n proposal . Thank you for this opportunity to serve you John Reiter BID DOES NOT INCLUDE ELECTRICAL HOOK-UP.. 50% DOWN, BALANCE DUE UPON COMPLETIOIJ UNLESS PRIOR ARRANGEMENTS KIAVE SEEN MADE. WE PROPOSE hereby to furnish material aid labor— cornplete in accordance with above specifications,for the sum of: Six Thousand and r 10 9 One Hundred Sixty-Five Dollar's &00/ ---dollars(s�165 ,00 Payment to e �. i All material is uaranteed to be ass pe ified.Ail work to to com !eted in a substantial workmanlike manner according to specitica!ions submitted.per standard practices. Authorized Any alteration or deviation from above specifications involving extra costs will be Signature executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond Note:Thia pr osaf y be our control.Owner to carry fire,tornado and other necessary insurance.Our workers withdrawn b us 1f ne accepts Thin • .l are fully covered by Workmen's Compensation Insurance. ACCEPTANCE OF PROPOSAL The above prices,specifications and con dilions are satisfactory and are hereby accepted.You are authorized to do the work Signature_ as specified.payment will be made as outlined above. Date of Acceptance: Signature RESTAURANTS MW L'Y,`Fr�+�'*e'WS "�R`ri > 'y ` BAR GRILL ' DINING 4 DANCING 111,11 lllllj� i :x .�-. + ..��� - -.+.'-t:'t _�ti�`�=',�_cjQ.S 'J. _w`:x_. si �,�: ..�.'�:=:r_`ii;T;.... �i.. :c=j�h.i. "���1 1•�.�. ain Ihgo , HE e DATE : APPROVAL = May 12, 1989 TO : Planning Commission -Members FROM : Larry Hamer, Public Works Director ITEM : INFORMATIONAL - REQUESTS FROM LANG/NELSON Lang/Nelson is requesting Council permission for: 1. a temporary trailer to be used as an apartment rental office; and 2. an additional temporary sales sign. Request #1 Please refer to the attached letter for the specifics of this request. Precedent was set when the Kenzington was being constructed and Arkell utilized a temporary trailer as a sales office. Request #2 Lang/Nelson would like to place a temporary 4 foot X 8 foot sign on their property to further advertise their apartment rentals. A . representative from Lang/Nelson will be present to detail this request and answer any questions you may have. :cjk5.16.89 z �N LANG-NELSON • ASSOCIATES INCORPORATED PROFESSIONAL PROPERTY MANAGEMENT May 11, 1989 Mr. Larry Hammer Director of Public Works St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mr. Hammer, As per our discussion on Autumn Woods of St: Anthony today, I have outlined the specifics you requested regarding the placement of a temporary rental mobil office. 1) The temporary rental mobil office will be located on • the construction site from 6-1-89 thru 9-28-89. 2) The size of the mobil office is 12 ' X 44 ' . (See a copy attached) 3) The actual placement of the mobil office is sketched below. 0 If you have any questions, please don' t hesitate to give me a call. Si cerely, • Charlene Dahler Property Manager CD:cd Enclosure 4601 Excelsior Boulevard, Suite 650,Minneapolis,Minnesota 55416 920-0400 • rr SERIES � �� Test n 12' x 48' Modular ---12' x 44' Building Size. For Rental, Lease or Sale. y 11'8" ♦♦� tV 4'Wood 61-Fold RR —Q— 2,6„ �• ----12,0„ 48'0" Standard Equipment The Designer Extras Branch Offices Fully Insulated Commercial Carpeting Over 80 Locations to Serve You 8' Ceiling Heights Recessed Fluorescent Lights Call 800-523-7918 30,000 BTUH of Air Conditioning Wood Exterior Siding All the space that fits your needs. 10KW Ducted Heat Coffee Bar with Sink Bath and Closet Mansard Type Roof Trim 2-36"Exterior Doors Detachable Hauling Hitch 0 Concealed Tie Down Straps Trim 011 Door and Windows Office Partition with Swinging Door Bronze Glass Windows Space Bronze Glass Entrance Door 60 CFM Bathroom Fan Two Bala Plaza,Bala Cynwyd,PA 19004 5 Ct>(ryrght 19116,Rtv GS.1td8D Specifications may vary. votw • 1 � • C S TY OF S T . ANTHONY _"Mr W COUN C 2 L M S NUT E S MAR C H 28 , 1 9 8 9 1 The meeting was called to order at 7: 30 P.M. with the Pledge of 2 Allegiance led by -Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 5 Also present: David Childs, City Manager 6 Sue VanderHeyden, Assistant to the City Manager 7 MARCH 7, 1989 COUNCIL MINUTES 8 Motion by Marks, seconded by Makowske to approve with the following 9 changes: 0 Page 5, line 19: Change "it" to "is" before "most" . Page 8, line 23 : Strike "s" on "takes" . 2 Page 9, line 26: Insert "residents including" between "from" and " 13 "several" . 14 Motion carried unanimously. 15 LICENSESIPERMITSfPETITIONS 16 Motion by Enrooth, seconded by Marks. to grant the following as presented 17 in 'the March 28, 1989 agenda packet: 18 Bowling Alley 19 St. Anthony Lanes (renewal) 20 Amusement Devices 21 St. Anthony Liquor (renewal) 22 C. G. Rein (Apache Plaza) (renewal) 23 St. Anthony Lanes (renewal) 24 Bono's Malt Shop and Arcade (renewal) ' 25 Slick's Alternative (renewal) 26 Gary Fey Diversified Enterprises (renewal) • 1 Ah 1 Retail Off Sale Beer 2 Red Owl Stores, Inc. (Red Owl Country Store) (renewal) • 3 Speedy Markets, Inc. (Speedy Market) (renewal) 4 Retail On Sale Beer 5 Gross Golf Course, Minneapolis Park & Recreation Board (renewal) 6 Minneapolis Bowl-O-Mat, Inc. , Apache Plaza Shopping Center (renewal) 7 Pizza Hut of the Northwest, Inc. , Pizza Hut, 3801 Stinson Boulevard 8 (renewal) 9 St. Anthony Lanes, 2654 Kenzie Terrace (renewal) 10 Cigarette 11 Clochie's Coffee House (renewal) 12 St. Anthony Lanes (renewal) 13 Minneapolis Park & Recreation Board (renewal) 14 Apache Mobil Service (renewal) 15 Town & Country Foods (renewal) 16 Contractors 17 DuAll Service Contractors, Inc. , Columbia Heights, MN (renewal) 18 Arrow Sign Co. , Cedar, MN 19 Four Seasons Construction Co. , Fridley, MN (renewal) 20 :Karkela Construction Co. , St. Louis Park, MN 21 Stennes Shade Tree, Inc. , New Brighton, MN (renewal) • 22 The Chuba Company, Elk River, MN 23 Nedegaard Construction, Inc. , Coon Rapids, MN (renewal) 24 Kraus-Anderson Construction Co. , Minneapolis, MN (renewal) 25 VPM Corporation, St. Anthony, MN 26 Jack H. Brown DBA Signgraphics, Dallas, TX. 27 Juke Box 28 Bono's Malt Shop and Arcade (renewal) 29 Slick's Alternative (renewal) 30 Laundry Vending 31 Manor Wash n Dry (renewal) 32 Rubbish Removal 33 Larry's Quality Sanitation, Ramsey, MN (renewal) 34 Vending Machine 35 St. Anthony Lanes (renewal) 36 Dale Hauger (Apache Laundry) 2 • 'a 1 Motion carried unanimously. •2 Motion by Marks, seconded by Enrooth to renew the service station 3 licenses for St. Anthony Unocal, Inc. and Apache Mobil Service as listed 4 in the March 28, 1989 agenda packet. 5 Voting on the motion: 6 Aye: Marks, Ranallo, Sundland, Enrooth. 7 Abstention: Makowske. 8 Motion carried. 9 Mr. Childs agreed with Councilmember Makowske that the listing of the 10 St. Anthony Liquor Store under Amusement Devices had been unnecessary 11 since the Council had recently excluded by ordinance all City businesses 12 from seeking such licenses which the vendor was apparently not aware of. 13 CLAIMS 14 Motion by Marks, seconded by Ranallo to approve payment of all City 15 accounts payable for January 31 and February 28, 1989 and all liquor 16 accounts payable for February 28 and March 10, 1989 as listed in the 17 March 28, 1989 agenda packet as well as the City accounts payable for 18 March 20, 1989 which were distributed that evening. 19 Motion carried unanimously. 2•0 Motion by Ranallo, seconded by Makowske to approve payment of $670. 33 1 to Rieke-Carroll-Muller Associates, Inc. for engineering services from 22 January 29 to February 25, 1989 related to the cost feasibility study 23 of City MSA roads. 24 Motion carried unanimously. 25 Councilmember Enrooth Concerned About Condition of Lift Station Site 26 Mr. Childs assured the Councilmember that although the lift station 27 itself was functioning, the contractors were by no means through with .28 the project and staff was working closely with NewMech to make sure the 29 sodding and pavement is restored. He also pointed out that a percentage 30 of the contractor's fees would not be paid until that work is 31 satisfactorily completed. 32 Motion by Ranallo, seconded by Enrooth to approve payment of $58,729.00 33 to NewMech Companies, Inc. for contracting services for the period 34 ending February 28 , 1989 on the replacement of the Foss Road lift 35 station. 36 Motion carried unanimously. 3 I Motion by Enrooth, seconded by Marks to approve payment of $3,0.24.00 to 2 Calgon Carbon Corporation for servicing the City's carbon filtration • 3 facility during February, 1989. 4 Motion carried unanimously. 5 Motion by Makowske, seconded by Marks to approve payment of $19,627 . 86 6 to the Metropolitan Waste Control Commission for April sewer services. 7 Motion carried unanimously. 8 Motion by Marks, seconded by Sundland to approve payments of $8,319.00 9 for windows and $2 ,000.00 as partial payment for installation to Val Pro 10 in conjunction with the City Fire Station remodeling project. 11 Motion carried unanimously. 12 Motion by Marks, seconded by Makowske to approve payment of $2,049.06 i3 to Short-Elliott-Hendrickson, Inc. for engineering services from January 14 22 through February 18, 19.89 in conjunction with the replacement of the 15 Foss Road lift station. 16 Motion carried unanimously. 17 REQUESTED PUBLIC APPEARANCE 18 Human Services Planners Tell Council How Proposed Licensing Changes for 19 Residential Facilities Could Affect Suburban Communities • 20 Susan Smith, Planning Manager for Ramsey County Human Services and Nancy 21 Homans, Human Services Planner from the City of St. Paul, informed the 22 Councilmembers: 23 -They had been working on the issue for about two and a half years and 24 were making similar presentations to .explain the possible changes to 25 other suburban officials, having already made a presentation to the 26 Ramsey County League of Local Governments, as they understood 27 Councilmember Makowske had reported to the Council. 28 -These presentations have addressed the responsibilities all 87 29 counties in Minnesota already have under state law related to their 30 own vulnerable populations of the mentally ill and retarded, children 31 and minors, including adolescent parents; the homeless for which the 32 counties like Hennepin and Ramsey have already been providing some 33 shelter; the elderly and other vulnerable adults like the chemically 34 dependent (lists of these provided prior to the meeting) . 35 -Facilities are no longer confined or isolated; the facilities and 36 their residents have become much more visible. This has resulted in 37 the cities and people in the neighborhoods desiring to have more land 38 use control over the location of the facilities which serve them as 39 well as having some control over the size of those facilities. 4 1 -Over the years the counties have gained increasing legal •2 responsibility for integrating those populations into the areas where 3 they live, work, or have recreation provided during the day. 4 -Counties have understandably been resistant to some of the changes 5 because they have to pay the room and board for, these individuals and 6 those costs are very dependent on the type of building or control 7 cities impose on the land. 8 -Large concentrations of vulnerable population facilities in certain 9 areas of Minneapolis and St. Paul have resulted mostly because of 10 lower costs of housing especially older housing which is more 11 available. 12 -The availability of good transportation and service delivery to their 13 clients has also been a factor in the housing of these populations in 14 the inner cities. 15 However, the planner said, as more persons moved from state hospitals 16 and institutions into smaller and smaller living arrangements throughout 17 the metro area, those vulnerable populations became more noticeable to, 18 residents and neighborhood activists, particularly in St. Paul where 19 residents went to their respective city councilmembers and told them 20 they perceived the neighborhoods needed more control over where the 21 vulnerable populations lived. 0 2 In late 1986 or early 1987 , the St. Paul Council established a task 3 force to look at the problem. Recommendations of the task force were 24 submitted to the St. Paul Planning Commission in January, 1988, and in 25 turn have become the basis for the proposed legislation. 26 Ms. Smith related the problems Ramsey County would -be facing in 27 implementing those changes with a budget in 1989 of $180,000.00, part 28 of which has to pay for room and board and income support programs for 29 a whole variety of vulnerable and poor people. She said she anticipated 30 with smaller units of housing at higher prices there would be an 31 immediate impact on property taxes. However, the St. Paul Human 32 Services Planner said both the Ramsey County Board and the St. Paul City 33 Council were avid supporters of the proposed legislative changes 34 particularly because the County feels that the more normal the living 35 arrangements can be made for vulnerable populations, the better. She 36 said it is also perceived that some of these persons may even become. 37 able to live independently without public assistance. 38 Councilmembers had been provided with a listing of some of the policy 39 issues which had prompted these presentations so as to answer concerns 40 about some of the issues. Ms. Smith reported some of those policies had 41 come from judicial decisions which had affected both the County's and 42 the City's way of doing business. The effect of federal financing of 43 some of these facilities was also explored particularly the Chavez bill 44 which, although it had never gotten beyond the hearing process, had • 5 1 nevertheless resulted in the downsizing of facilities, particularly 2 those for the mentally retarded. • 3 Ms. Smith then addressed the portion of the proposed bill which she said 4 had language dealing with community correction facilities (halfway 5 houses) which tended to make neighborhoods very uneasy. Ms. Homans 6 addressed that concern by telling the Council her own experience of 7 living with a child in kindergarten on Lake Street only half a block 8 away from a correctional facility which she perceived was much easier 9 for the neighbors to deal with than a mentally ill facility because the 10 residents of the correctional facility were gone all day to work and 11 were behind locked doors at 10:00 P.M. every night. 12 Under the proposed legislation, residential facilities for correctional 13 clients would be permitted uses in zoning districts which permitted 14 hotels and motels. There could be up to 50 beds in such districts 15 subject to at least 750 foot distance from any residential use. The St. 16 Paul planner told the Councilmembers that she saw the Ramsey County and 17 St. Paul Human Services Departments as having been acting as proxies for 18 St. Anthony's interests in the proposed legislation and she and Ms. 19 Smith were present that evening to get Council reaction to those 20 efforts. 21 She reiterated that the proposed legislation had its roots in St. Paul's 22 efforts to update; bring rationality to; and discuss and resolve issues 23 relating to the placement and regulation of community residential 24 facilities. Ms. Homans indicated the objective of the proposed • 25 legislation was to enhance the quality of care offered to people with 26 mental illness or retardation or chemical dependency by insuring that 27 they obtain normal residential community surroundings, a right which is 28 already recognized by state policy, but which can never happen as long 29 as there are concentrations of facilities • as there are in St. Paul. 30 concentrating 4% of this type of vulnerable population in one 31 neighborhood in 109 and 175 bed facilities for the mentally ill; a 40 32 bed facility for correctional clients; and a 30 bed facility for 33 chemical dependency clients doesn't create a normal residential 34 surrounding for those who need the benefit of county care. 35 She said providers of such care in the past have followed the path of 36 the least resistance by going into neighborhoods which are poorly 37 organized, leaving it up to the next guy to worry about too much 38 concentration. The planner added that there had been a lot of 39 resistance from .local governments because they didn't want to go through 40 the public hearings and the stress that's involved with the possibility 41 of these facilities locating in their own neighborhoods. 42 Ms. Homans pointed out that corporate providers of services to mentally 43 ill and retarded clients have taken advantage of the lack of distance W 44 restrictions in the existing licensing laws by establishing clusters of 45 from 10 to 12 four bed homes with split staffs that are operated more 46 like group homes rather than foster homes. The new law proposes a token 47 450 foot distance between such small facilities to remove the economic 6 1 incentive for these concentrations. It also proposes an absolute 2 concentration level of only 1% of the population of any planning •3 district or city for all human service residential facilities. The St. 4 Paul Planner told the Council that state law now mandates that human 5, services for six or fewer persons are to be permitted uses in all single 6 family zoned districts. She also said St. Paul would be able to 7 distance those residences 1,320 feet apart but smaller communities would 8 not at this point be permitted to require that much distance. 9 The existing laws permit residences for 16 persons or fewer in multi- 10 family zoning districts but riders which attached conditions dealing 11 with the health, welfare and safety of the residents have been 12 effectively used to block the placement of those types of facilities in 13 many. of those districts. The proposed bill is written to eliminate 14 those conditions and to clean up the distance and concentration issues 15 in the existing law by requiring different types of facilities to be 16 located certain distances from each other, requirements which the large 17 and suburban cities had never had before. 18 In regard to local governments, Ms. Homans reported the new legislation 19 perceives a need for planning concentrations on a county-wide basis and 20 therefore requiring the planners to return for discussions with the 21 Council related to what the needs are for the northern suburban areas 22 and how suburban cities can meet those needs. She emphasized that she 23 believed people within a community who need these type of services 24 should not have to move away from their home surroundings to get them. 25 Councilmembers had been provided copies of a book which contained �6 listings of licensed facilities in Ramsey County by Commissioner 7 District which Ms. Smith acknowledged was somewhat outdated and needed 28 revising. 29 Some of City Concerns Addressed 30 Councilmember Marks reported that during his campaign for the 31 legislature, he had found talking to different people in his legislative 32 district that a lot of them perceived that the state had more or less 33 just walked away from its responsibilities for the vulnerable just to 34 save .money rather than to provide the quality of care these people 35 required and deserved. He said he perceived that under that arrangement 36 some people got better care than others and he hoped the new legislation 37 would provide more equity than in the past. 38 When questions were raised about how the County would be monitoring 39 these suburban facilities, Ms. Homans indicated that in the case of the 40 mentally ill who, of course, can legally refuse treatment, the County 41 now requires a caseworker who would be responsible . for dealing with 42 questions the City might have related to a particular client. However, 43 because many of these are not wards of the state, they would therefore 44 be free to come and go as they chose and she said such monitoring would 45 not involve locking up those persons or keeping them busy 24 hours a 46 day. • 7 I The St. Paul Planner confirmed that parts of the proposed changes would 2 preempt the St. Anthony Ordinance, .including that section which allows • 3 no more than three non-related persons to a residence. Under the new 4 law six "protected persons" would be allowed in a single family zoned 5 district. She added that St. Paul's law which allowed only four such 6 persons would also be preempted. Persons with family members in the 7 protected classifications would not have to comply with the distance or 8 number restrictions, she added. There would be no requirement for 9 licensing a home where a family hires someone to take care of protected 10 family members. it The Council was assured that all local governments would be given a 45 12 day notice before a license for any of these facilities is issued which 13 would include the name and address of the provider as well as the name 14 of the Ramsey County person responsible for that contract. The City 15 would therefore know who to contact about any complaints from neighbors 16 about such facility. 17 There was a short discussion of day care, with the planners telling 18 Councilmember Ranallo there would be a mixture of both state and county 19 monies supporting such services. 20 Before the planners were thanked for the insight they had provided the 21 Councilmembers, Ms. Homans told the Council the proposed changes had 22 been described as "having a chance just because everybody's miserable 23 with the way things are going now. " She said she personally preferred 24 to think the legislation had a chance because "everybody involved dug 25 a little deeper into their own consciences and perceived a need to • 26 remove some of the barricades they had erected to prevent the state from 27 reaching these goals a long time ago. " 28 The St. Paul Planner said she perceived people with special needs were 29 put in hospitals and institutions in the 501s, placed in large group 30 homes in St. Paul and Minneapolis in the 60's and 70's and in the 80's 31 they ended up in treatment ghettos in the central cities. She said she 32 thought the time had now come for them to be brought back home hopefully 33 on such a small scale as to be welcomed by the neighbors. 34 REPORTS 35 COUNCIL 36 Councilmember Pleased to Learn Historical Society and VillageFest 37 Meetings Announced on Cable T.V. 38 Councilmember Makowske said she was really surprised when one of the 39 persons who attended the Historical Society meeting the previous evening 40 indicated knowledge of the meeting had come through this media. 41 Historical Society Willing to "Pursue with Caution" Suggestion That 42 Their Organization Become a Committee of the St. Anthony Chamber of 43 Commerce 8 • y 1 Councilmember Makowske reported that reservations about how the above W 2 could be accomplished led to the direction she had received from Society members during their previous meeting to proceed slow. She. also 4 reported there had been a great deal of interest in having the Society 5 sponsor a booth at the VillageFest and in having an article in the next 6 Newsletter which gave suggestions on how residents should go about 7 writing their own family histories which they could turn in at the booth 8 with family photos attached or to which they could attach photos taken 9 at the booth. The perception was that by talking to residents who come 10 to the booth the Society would be able to get a good feel for the kind 11 of residents who live in St. Anthony. Councilmember Makowske told the 12 Councilmembers the Society perceived their booth might even be a draw 13 for people who might otherwise not care to participate in the Fest. 14 The .Councilmember then drew attention to the document Mayor Sundland had 15 obtained which indicated the Village had celebrated its 100th birthday 16 in 1948 although there had been some question whether St. Anthony was 17 actually a township rather than the Village which had been established 18 that year. 19 The Councilmember indicated that a "trial run" had been made of the 20 transcription of one oral history which had been taken by Ruth Harris 21 for which the transcription costs had been only $35.00. She said she 22 had submitted the bill to the City but realized the Society would have 23 to begin some fund raising efforts to defray future costs of this 24 nature. * One of St. Anthony's First Mayor's Grandsons Developing Slide 6 Presentation of Photos Relating to Early History of Village 27 Councilmember Makowske reported spending an evening with Russell Pahl,. 28 whose grandfather was Theodore Pahl, after whom one of the early 29 streets in the Village was named, where she saw photos of 32nd Avenue 30 which early in the community's existence was called "Roller Coaster 31 Road. " She also mentioned that at one time marijuana grew freely in St. 32 Anthony and kids used the stalks as spears during play. A video tape 33 of Mr. Pahl's presentation has been given ,to the Society, she said. A 34 similar tape of photos Frank Gregory had in his possession had also been 35 donated to her committee, she said. These illustrate Village history 36 during the era from 1938 to 1943 . 37 Sue VanderHeyden and Councilmember Makowske Attend March 15th RCLLG 38 Meeting on Rubbish 39 Both attendees were in agreement that they had learned little more than 40 had already been presented to the City although they had heard more 41 about what other communities are doing concerning the hauling of solid 42 waste and recyclables. 43 Village Cleanup to be Conducted by Waste Management Weekend of April 44 29th • 9 1 Councilmember Enrooth indicated that in the absence of a recycling • 2 program and because of the appearance of some properties in St. Anthony, 3 the above would again be held this year. This led to a discussion of 4 whether the City's ordinance against vehicles being parked on dirt 5 surfaces was being enforced. Staff was requested to get a report from 6 the Police Department on the number of tags which had been issued to 7 violators. There was also a suggestion that the existence of "For Sale" 8 signs on vehicles parked for long periods of time around the Village 9 should also be investigated. 10 Waste Management's Recycling Container Seen as "Best Buy Around" 11 Ms. VanderHeyden presented the recycling bin from that hauler, 12 indicating it had not been hard to draw such a conclusion after seeing 13 quotes from other sources for the same type of containers. She reported 14 Waste Management's price of $5.54 . a piece for orders of 2,000 or more, 15 with delivery to the City not the individual households. This price was 16 not contingent upon that hauler being chosen as the prime hauler for 17 recyclable materials when the program goes into effect. The Assistant 18 to the City Manager indicated this was a one container system into 19 which a week's worth of a residential household's glass, cans and paper 20 could all be collected for one pick up a week which was preferable in 21 the interest of both limiting the need to carry wastes and recyclables 22 to the street by residents and providing safer conditions. 23 The price, which included the Village logo and was at least half of what 24 other containers would cost, seemed to appeal to the Councilmembers but 25 it was decided that a final decision should not be made until after the 26 proposed Recycling Ordinance is adopted. 27 It was also agreed that the City would be able to furnish each of the 28 1,800 households in the Village with a container with the money coming 29 from the County for that purpose and a supply would be kept at the City 30 offices from which households could purchase more if needed. .31 St. Anthony to Observe Arbor Week April 24th through 30th and Year of 32 the Young Reader in 1989 33 A copy of the first proclamation had been included in the agenda packet 34 that evening 'and the copy of the second distributed prior to the 35 meeting. Mayor Sundland requested Council support by motion for both, 36 informing the Council that the St. Anthony Library planned a special 37 celebration of the latter. 38 Council Action 39 Motion by Marks, seconded by Makowske to support the Mayor's 40 Proclamation of April 24 through 30, 1989 as Arbor Week and 1989 as the 41 Year of the Young Reader in St. Anthony. 42 Motion carried unanimously. 10 • I Clarification of His Own Position on Continuance of 'Community Services 2 in Community Center Offered by Councilmember Ranallo Because several people had evidently misread the recent Bulletin report 4 of the March 7th work session with the architects on the renovation of 5 the community center for which no minutes had been taken, Councilmember 6 Ranallo said he wanted to set the record straight regarding his own 7 comments on the issue by saying he had stated during the, meeting that 8 he personally perceived the City had "more than a five year commitment 9 to continue those services. " The Councilmember reported meeting with 10 Larry Jones, who had written the article, and the newswriter had assured 11 him that the article which might have been read several ways, certainly 12 had not been intended to leave the impression that the Councilmember 13 opposed the continuance of community services in the center. 14 Councilmember Ranallo said he thought he had been able to clear the 15 point up with several people who had brought up the subject at the last 16 VillageFest Committee meeting as well as with another resident he met 17 at Apache Plaza who had gotten the same impression from reading the 18 article. 19 City Manager's -Newsletter Article to Inform Residents About the Use of 20 $3,000,000 Army Settlement 21 Councilmember Ranallo indicated he had relayed the queries he had 22 received from residents about how such monies would benefit them 23 directly to Mr. Childs, who had told him he was already working on the 24 above article which he hoped would clear up any questions about where 5 those funds would be spent. 6 St. Paul and Golden Valley Mayors Being Considered for LMC C.C. Ludwig 27 Award 28 Councilmember Ranallo alerted the -other Councilmembers to the fact that 29 he had found out at the meeting of the League of Minnesota Cities Board 30 that the name of Mayor Mary Anderson of Golden Valley had been added to 31 that of Mayor George Latimer of St. Paul for consideration for the 32 award. 33 National Conference of Cities March 13-15 Reported by Conference 34 Delegates Ranallo, Marks, and Sundland 35 Changes in the conference format which were perceived to have resulted 36 in smaller attendance of Congressmen and their staffs at the Minnesota 37 delegation reception were discussed at length. " 38 Councilmember Marks reported that Councilmember Ranallo had been 39 selected to chair the Minnesota delegation's meeting with Congressman 40 Sabo, where Councilmember Marks indicated, he had been glad to have the 41 opportunity to personally thank the Congressman for the help he had 42 provided St. Anthony in reaching a settlement with the Army. The 43 Councilmember said he was somewhat disappointed not to be able to have 44 the opportunity to compare different legislators' responses to questions • it 1 about issues at the reception but could see the value of having steering 2 committee meetings with their own congressional representatives on • 3 specific issues of interest to each delegate. 4 Councilmember Ranallo indicated that during a meeting with Senators 5 Boschwitz and Durenberger, the latter had questioned holding the 6 conference during the busiest time of the year for Congressmen as was 7 evidenced by the fact that the discussions with both were interrupted 8 by votes on the floor. He said Councilmember Makowske's suggestion that 9 it might be more productive to invite all the Minnesota Congressional 10 Delegation to attend the League of Minnesota conference in the summer 11 was already being considered by the LMC Board. The Councilmember then 12 told the Bulletin newswriter, Larry Jones, he had press releases of the 13 meetings he, the Mayor and Councilmember Marks had participated in with 14 regard to the Human Development Steering Committee he served on, the 15 National Transportation Policy Committee, Mayor Sundland was involved 16 with and the Human Development Policy committee on which Councilmember 17 Marks served. 18 St Anthony Ouite Extraordinary When It Comes to Conference Delegates 19 Councilmember Marks commented that he thought the fact that the majority 20 of the St. Anthony City Council had gone as delegates to the Conference 21 was quite extraordinary for a conference to which cities normally only 22 send their mayors or at the most one other city official. Councilmember 23 Marks indicated that as usual he had come away from this meeting in 24 Washington with a sense of frustration of how hard it is for government 25 to get anything accomplished, but an evening stroll down the mall • 26 between the site of the Minnesota delegation reception and the Lincoln 27 Memorial had improved that perspective somewhat. He and Councilmember 28 Ranallo then recounted the exciting plane trip they had home when it 29 appeared at first they wouldn't be able to land in Minneapolis because 30 the airport had been closed due to bad weather. 31 DEPARTMENTS AND COMMITTEES 32 The following were ordered filed following brief discussions of each: 33 -March 3 and 21 . reports from the Hance & LeVahn law firm reporting 34 cases the City Prosecutors had handled in Hennepin County District 35 Court March 1 and 15, 1989; 36 -February Fire Department Report. 37 CITY MANAGER 38 March 7, 1989 Staff Meeting Notes 39 In reference to Ms. VanderHeyden's report on the placement of a phone 40 booth outside the Police Department offices, Mr. Childs explained that 41 the phone replaced the one which had been near the Council Chambers 42 inside the center, which was moved to the new location in hopes of 12 S 1 providing a way for people coming to the Police station after the 2 offices are closed to get in touch with the police. 03 NEW BUSINESS 4 E. H. Renner & Sons to Repair Well #5 5 In his March 10th memorandum, Public Works Director Larry Hamer had 6 identified the above company as having submitted the lowest bid for the 7 project and had therefore recommended the contract be awarded to them. 8 Several Councilmembers said they thought they had not been provided 9 enough information to determine whether that bid was the lowest but 10 agreed to follow the recommendation when the City Manager reported he it had seen the supporting documentation on which Mr. Hamer's 12 recommendation had been based. 13 Council Action 14 Motion by Ranallo, seconded by Marks to accept the recommendations of 15 the Public Works Director and award the contract for repairing Well #5 16 to the lowest bidder, E. H. Renner & Sons. 17 Motion carried unanimously. 18 City to Purchase Water Department Supglies for 1989 From Water Products, 19 Inc. 0 The Council perception was that the Public Works Director had provided V better documentation that the above firm's low bid was the lowest that 22 had been provided for the well repair. 23 Council Action 24 Motion by Enrooth, seconded by Marks to purchase Water Department 25 supplies for 1989 from Water Products, Inc. 26 Motion carried unanimously. 27 Lowest Bid of $15,290.00 From Hayden Murphy Equipment Accepted for Skid 28 Mounted Hydraulic Drill Machine 29 Mr. Hamer's March 23rd memorandum advised that the City had received 30 three bids for the above and that Hayden Murphy Equipment's bid had been 31 the lowest and therefore should be accepted by the Council for this 32 equipment. The Public Works Director had also acknowledged in his 33 memorandum that all the quotes had come in above the $14,000.00, which 34 had been budgeted for this purchase, but pointed out there was money 35 available to cover the difference because his department had been able 36 to purchase the mower the previous month at a price which was $4,000.00 37 under the amount budgeted for that item. 38 Council Action • 13 1 Motion by Marks, seconded by Makowske to accept the lowest bid of • 2 $15,290.00 from Hayden Murphy Equipment Co. for the purchase of a 3 hydraulic operated drill machine, which will be skid mounted. 4 Motion carried unanimously. 5 ADJOURNMENT 6 Motion by Ranallo, seconded by Marks to adjourn the Council meeting at 7 9:00 P.M. for the meeting of the St. Anthony Housing and Redevelopment 8 Authority which followed immediately. 9 Motion carried unanimously. 10 Respectfully submitted, it Helen Crowe, Secretary 12 13 Mayor 14 ATTEST: 15 City Clerk • 14 • • C 2 TY OF S T _ ANTHONY HOU S 2 NG AND RED EVE L O PMENT AUTHOR 2 TY M 2 NUT E S MARCH 28 , 1- 989 1 Chair Sundland opened the meeting at 9:05 P.M. 2 ROLL CALL 3 Present for roll call: Sundland, Vice Chair Enrooth, 4 Secretary/Treasurer Marks, and Commissioners 5 Ranallo and Makowske. 6 Also present: David Childs, Executive Director 7 Sue VanderHeyden, Assistant to the City Manager 8 FEBRUARY 28, 1989 H.R.A. MINUTES 9 Motion by Ranallo, seconded by Marks to approve as presented. �0 Motion carried unanimously. 11 CLAIMS 12 An explanation that the checks for $153.,475.00 and $141,677.50 listed 13 in the January 31st verified claims in the agenda packet represented tax 14 increment bond payments, preceded the motion: 15 Motion -by Marks, seconded by Makowske to approve payment of all the 16 accounts payable listed for H.R.A. payment in the January 31st agenda 17 packet. 18 Motion carried unanimously. 19 Motion by Enrooth, seconded by Marks to approve payment of $5,524.67 to 20 the Dorsey & Whitney law firm for service to the H.R.A. during January, 21 1989. 22 Motion carried unanimously. 23 Townhouse Developers Clear All Title Impediments to Project Only to Face 24 Further Setbacks From the Soo Line Railroad 25 Vern Hoium, President and Ursula Sheehy, Vice President of Evergreen 26 Development were present to discuss the "Catch 22" prospect they were • 1 l 1 l 1 now facing after a protracted but successful effort to clear the title 2 for the project. • 3 Mr. Hoium described in detail an almost five month effort to remove 4 drainage easements dating back 75 to 100 years on the City's properties 5 as well as bonded properties. He said he was quite confident the 6 barriers had been removed for getting clear title to those two parcels. 7 The developer said he was also very optimistic that there would be no 8 further problems getting Rice Creek Watershed District to approve the 9 project. He indicated he also perceived a strong public interest 10 remained in the project as evidenced by the fact that there were still 11 21 of the original 28 prospective buyers who had left $1 ,000.00 12 reservation deposits with his company. 13 However, because of the rise in interest rates during the period the 14 project was delayed to get the drainage easements, the price range for 15 the units had risen about 10% to approximately $110,000 for each unit. 16 Unreasonable Charges for Putting Fill on Railroad Right-of-Way Could 17 Make Project Too Expensive to Construct 18 The developers request to put a strip of fill 20 feet wide by 550 feet 19 long in the ditch next to the tracks to create a gradual grassy. slope 20 down from the roadway through the project to meet the grade descent from 21 the tracks had at first resulted in a quote of $16,500.00 from the 22 railroad's real estate department. This quote was then countermanded 23 by the Soo Line engineering department. The City Manager contacted Soo • 24 Line President, Dennis Cavanaugh, which resulted in a meeting of 25 railroad representatives, staff and developers at which the time 26 railroad representatives called for further soil borings and quoted a 27 figure which "could run into six figures" as the charge for using their 28 right-of-way. 29 The line next to the property had gone from two to a one track run ,over 30 which only two or at the most three runs are made each day so the 31 engineer had considered it highly unlikely that filling in the area 32 between the road and the track grade could affect the stability of the 33 grade. It was also perceived that the proximity of housing next to 34 their tracks should not be a matter of concern to the railroad because 35 the mortgage company had required that no unit be constructed closer 36 than 100 feet from the tracks. 37 Mr. Hoium reiterated his February 10th letter stating that the 38 railroad's decision was a major stumbling block to the project. 39 He stated further that it would cost the developers at least $75,000.0.0 40 to construct 550 feet of retaining wall and fence and would necessitate 41 dropping at least 10 units from the project which would leave too few 42 units to produce enough tax revenue to pay back the tax increment 43 financing. He also stated that he wouldn't want to put $5,000.00 more 44 for soil borings into the project without some hope that the railroad 45 officials weren't going to just refuse the request as a matter of 46 policy. • 2 i 01 The possibility of condemnation was explored briefly before staff was 2 requested to reopen discussions with railroad engineering department 3 officials to get their final position with reapproachment of the Soo 4 Line President left as the final recourse. 5 ADJOURNMENT 6 Motion by Enrooth, seconded by Marks to adjourn the Housing and 7 Redevelopment Authority meeting at 9:50 P.M. 8 Motion carried unanimously. 9 Respectfully submitted, 10 Helen Crowe, Secretary 11 :cjk • 3 t 41 • C 2= OE' ST . ANTHONY C 2 TY COUN C 2 L. M 2 NUTS S APR 2 L 1 1 , 3- 989 1 The meeting was called to order at 7:28 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. The meeting had been preceded by the 3 Board of Review hearing at 6:30 P.M. 4 ROLL CALL 5 Present: Marks, Ranallo, Sundland, Enrooth, Makowske. 6 Also present: David Childs, City Manager 7 Larry Hamer, Public Works Director 8 MARCH 28., 1989 COUNCIL MINUTES 9 Motion by Marks, seconded by Makowske to approve with the following 10 changes: 11 Page 9, line. 3 : Substitute "slowly" for "slow" . 12 Page 12 , line 14 : Bold type should be used for Human Development Steer- 3 ing Committee. 14 Motion carried unanimously. 15 LICENSES/PERMITSfPETITIONS 16 Motion by Ranallo, seconded by Enrooth to grant the following as 17 presented in the april 11, 1989 Council agenda packet: 18 Cigarette 19 Red Owl Stores, Inc. , (Apache Plaza) - renewal 20 Get It For Less - renewal 21 Dick's Amoco - renewal 22 Contractors 23 C. G. Rein Builders, Inc. , St. Paul - renewal 24 DeVries Builders, Inc. , Maple Grove - renewal .25 Twin City Design, Inc. , Minneapolis 26 Lawrence Signs, Inc. , St. Paul - renewal 27 Exterior Design Studio, Vadnais Heights 28 Link-Osborn Company, Plymouth 29 Bruce Holton Construction Co. , Inc. , St. Anthony -renewal • 1 r � 1 Heating 2 Arrow Heating and Cooling, Inc. , Spring Lake Park • 3 Builders Heating and Air Conditioning, Maple Grove 4 Retail Off-Sale Beer 5 Town & Country Store (St. Anthony Shopping Center) - renewal 6 Rubbish Removal 7 Aagard Sanitation, Inc. , St. Paul - renewal 8 Service Station 9 Dick's Amoco (3700 Silver Lake Road) - renewal 10 Dick's 66 (2700 Kenzie Terrace) - renewal 11 Motion carried unanimously. 12 CLAIMS 13 Motion by .Marks, seconded by Enrooth to approve payment of $1,476.55 to 14 the Dorsey & Whitney law firm for legal services during February, 1989. 15 Notion carried unanimously. 16 Motion by Marks, seconded by Makowske to approve payment of $3,348.00 17 to the Calgon Corporation for servicing the City's carbon filtration 18 facilities during March, 1989. 19 Motion carried unanimously. 20 Motion by Marks, seconded by Sundland to table action on the $8,032.25 21 billing from NewMech Companies for contracting services for the period 22 ending March 21, 1989 in conjunction with the replacement of the Foss 23 Road Lift Station pending further information from the City Manager. 24 Motion carried unanimously. 25 REQUESTED PUBLIC APPEARANCE 26 Council Okays Knights of Columbus Tootsie Roll Promotion in SuPR9rt of 27 Mentally Handicapped "x. 28 Ray Eklund, 3120 Wilson Street N.E. , presented his .organization's 29 request to conduct their annual "Tootsie Roll" fund raiser, April 28th 30 and 29th, in front of St. Anthony churches and businesses who had agreed 31 to such solicitations. The Knights of Columbus representative then took 32 donations from staff and Councilmembers towards the charitable 33 collection. 2 r 'r 1 REPORTS 02 APRIL -5, 1989 PLANNING COMMISSION MINUTES SUMMARY - COMMISSIONER 3 ROSEMARY FRANZESE 4 Because of the time constraint between the April 5th Planning Commission 5 meeting and the Council meeting that evening, only a summary of the 6 Commission minutes had been provided Councilmembers. 7 Variance Granted for Canopy Signs on Salvation Army Thrift Store in 8 Exchange for Reduction of Existing Wall Signage 9 Planning Commission Recommendation. 10 Commissioner Franzese reported the Planning Commission had unanimously 11 recommended the Council grant a variance to the sign Ordinance which 12 would allow two 7 foot by 3 foot additional signs to be erected at the 13 entrance to the above store at 2500 - 38th' Avenue N.E. subject to 14 reduction of the existing wall sign on the building to a size which 15 would bring the store's total sign surface area within the 150 square 16 feet allowed that store frontage. 17 Staff Report 'N 18 Mr. Childs suggested another condition requiring the removal of all 19 illegal flag banners - be imposed on the Council's approval of the 20 variance request. *1 No one was present to speak either for or against the variance. 22 Council Action 23 Motion by Marks, seconded by Makowske to grant a variance to the Sign 24 Code of the City Sign Ordinance to the Salvation Army Thrift Store, 25 2500 - 38th Avenue N.E. , which would allow the erection of two 7 foot 26 by 3 foot additional canopy signs (42 total square feet) at the entrance 27 to the store on the conditions that: 28 1. The existing 150 square foot wall sign be reduced so that the total 29 sign surface for the 3 signs not exceed 150 square feet. 30 2.. All illegal flag banners now on the store entrance be removed. 31 In granting the variance, the Council finds, as did the Planning 32 Commission, that: 33- a. Staff had received no calls opposing the variance before either the 34;, April 5, 1989 Planning Commission hearing or Council April 11, 1989 35 consideration and no one spoke against the variance at either meeting. 36 b. A precedent for non-conforming signage had been established with the 37 business just east of the Thrift. Store. 3 r � 1 c. A hardship was perceived for the store owners because the store has . 2 inadequate visibility from the south, east and west without the canopy 3 signs. 4 d. Better demarcation of the store's entrance would be provided by the 5 signs. 6 Motion carried unanimously. 7 Conditional Use Permit Granted to Village Properties for Family Day 8 Care Facility 9 Planning Commission Recommendation 10 Commissioner Franzese reported the Commission had been split four to one 11 on granting the conditional use permit to allow Village Properties to 12 obtain a Class C Ramsey County license for a Family Day Care Facility 13 to serve no more than 14 children for which a garden level apartment 14 (#5) would be reserved at 3808 Macalaster Drive. She indicated 15 Commissioner London would have preferred the stricter licensing 16 requirements of a state license for supervision of fewer children by one 17 care provider as well as better security measures for outside play 18 areas. The Commission representative also indicated the Commissioners 19 had perceived the need to specifically identify the location of the 20 facility location because of concerns that the City Fire and Police 21 Departments might not be aware of the day care location in case of an • 22 emergency. 23 The Commissioner explained to Councilmember Makowske that 14 was the 24 maximum number of children allowed for one facility under the Ramsey 25 County license, which also established different ratios for children of 26 different ages. She added that the County license allowed one care 27 provider per 10 children under those ratios. 28 Commissioner Franzese . reported there had been an informal polling of 29 Commissioners which indicated a 3 to 2 split regarding whether or not 30 to specify the apartment number in the recommendation.. She said she 31 perceived the three Commissioners had been concerned that the City 32 always know exactly where the facility was located in case of 33 emergencies. 34 Proponents Ken Solie and Jerry Cowan of Village Properties indicated 35 they would prefer not having the permit issued to a specific apartment 36 number since for one reason or another they might want to change the -r 37 location later on. They also pointed out that Ramsey -County required 38 a new license and fire inspection_. for each location to . which_ -..the ._ 39 facility might move. _ 40 Mr. Childs clarified that the Commission intent, which= had not been 41 reported in the- summary, had been to issue the permit specifically to 4 ,,a r -♦ I Apartment #5, which would require the managers to return for a new •2 permit for each location to which the facility might be moved. 3 Mayor Sundland suggested a stipulation in the Council's motion that the 4 owners would be required to notify the City of any change in location 5 which could address the Commissioners' concerns without requiring a 6 repetition of the whole permit process each time the location of the 7 facility location is changed. 8 Mr. Hamer reported any such change in location would have to be reported 9 to the Public Works and the Fire Departments. 10 Mr. Solie told Councilmember Makowske daycare services for families of 11 the apartment complex residents would be given the highest priority but 12 a few children from outside might be allowed to participate under 13 special circumstances. 14 Council Action 15 Motion by Marks, seconded by Ranallo to grant a conditional use permit 16 to Village Properties for a Class C Ramsey County licensed Family Day 17 Care Facility at 3808 Macalaster Drive for which no more than 14 18 children would be allowed in accordance with the County licensing 19 requirements. The permit is granted with the stipulation - that the 20 applicants notify the City within a reasonable period of time if and 21 when the facility is moved to another location in that building. 92 In granting the conditional use permit the Council finds, as did the 3 Planning Commission,' that: 24 1. The use meets the specifications of Section 7, Subdivision 3 , Number 25 3 for a conditional use permit and satisfies the required conditions 26 of Minnesota State Statutes and City Ordinances. 27 2. Staff had received no calls opposing the permit before either the 28 April 5, 1989 Commission hearing or the April 11, 1989 Council 29 consideration and no one spoke in opposition at .either of those 30 meetings. 31 .3 . The Council agrees with the Planning Commission that the facility for 32 which the permit is issued would be a real benefit for the residents 33 of the apartment complex. 34 Motion carried unanimously. 35 Conditional Use Permit Granted for the Rental of Video Movies at Chuck's 36 365, 3813 Stinson Boulevard 37 Commissioner Franzese reported the Commission's recommendation regarding 38' the above request 'as presented in the summary, which the Council 39 accepted with no further questioning. • 5 J � 1 Larry Bailey, 1127 East Geranium was present and after the motion 2 granting the permit passed was told he could start renting the movies • 3 immediately. 4 Council Action 5 Motion by Ranallo, seconded by Enrooth to grant the conditional use 6 permit requested by Gas Unlimited Inc. AKA Chuck's 365, to , allow the 7 rental of video movies for home viewing on VCRs at 3817 Stinson 8 Boulevard under the following conditions established for businesses of 9 this type: 10 1 . There would be no viewing of tapes in the store, except for the bona 11 fide demonstration of tapes and no viewing visible from outside the 12 store. 13 2. The proprietors must comply with all state laws relating to obscenity 14 and to any ordinance ,of the City of St. Anthony thereafter relating 15 to obscenity. 16 3 . Conviction of the owner or any of the employees of the owner for 17 violation of obscenity laws in the operation of the store would be 18 grounds for revocation of this permit by the City Council . 19 In granting this permit, the Council finds, as did the Planning 20 Commission, that: 21 a. All three questions in the application which are required by statute 22 to be answered affirmatively had been done so by the applicant and 23 accepted by both the Planning Commission and the City Council. 24 b. Similar permits have been granted to six other St. Anthony businesses 25 prior to this request. 26 c. No objections to the permit had been expressed to staff prior to 27 either the April 5, 1989 Commission hearing or the April 11, 1989 28 Council consideration and none were forthcoming during either meeting. 29 Motion carried unanimously. 30 $26,403.00 in Community Development Block Grant Funds to be Allocated 31 to Activities Recommended by Planning Commission 32 Commissioner Franzese reported the Planning Commission had discussed the 3.3 City Manager's recommendations related to the allocation of these funds 3A with him. She said one of the questions which had arisen had to do 3;5 with ' the allocation for the senior citizens program. 'and its 3.6 relationship to other Community Service programs. 37 Councilmember Makowske sought Council reaction to using some of the 38 , funds for a stop light in front of Wilshire School . She was reminded 39 that the same issue had generated a lot of discussion during the 6 • 4 1 planning of the County Road D reconstruction project. Hennepin County 102 CDBG funds could not be used for a Ramsey County project and that County 3 had already made the decision not to put up a signal on that street.. 4 Mr. Childs pointed out that even if those funds were available, the City 5 might have a hard time proving that the majority of the children or 6 pedestrians who were to be served by the light met the low to moderate 7 income criteria established for CDBG funds. 8 When the Councilmember wondered whether some funds could be used to 9 finish the sidewalks in the Kenzie Terrace area, Mr. Hamer indicated his 10 department had estimated sidewalks would cost about $1,000.00 per 100 11 feet and it would cost about $14 ,000.00 to construct sidewalks between 12 the entrance to the trailer park past the Kenzington up to the vacant 13 lot next to the condominiums. The Public Works Director indicated he 14 planned to put in the position of the sidewalks, for which funds were 15 available this year and to have specifications and plans for the 16 remainder of the project prepared for County approval for completion 17 next year. 18 Councilmember Ranallo commented that the City had already subsidized the 19 Kenzie Terrace Project with tax increment funds and the semaphore in 20 front of the Kenzington with CDBG funds and he perceived it would only 21 be fair this year to resume using CDBG funds to rehabilitate low and 22 moderate single family housing elsewhere in the City. 23 Councilmember Marks reported he had talked to a resident of the senior 24 apartments across Stinson Boulevard who had described the problems many 05 seniors had getting across the boulevard to get to Apache in spite of 6 the four way stop which had been installed mainly for those seniors' 27 benefit at 39th Avenue N.E. The Councilmember said he knew a request 28 for a stop light in the same area was going to be.-submitted to the City 29 within a short time and wondered what funds would be available for the 30 project which would seem to meet the low to moderate income criteria. 31 Mr. Childs indicated he intended to report on traffic signals being 32 studied for that whole stretch of Stinson later in the meeting. He also 33 agreed to check with Community Services to see. if they still had a room 34 reserved for senior citizen use in the Community Center. The Manager 35 reiterated that the $3 ,903.00 allocation for senior citizens programs 36 would be used partially to pay for putting out the Senior Newsletter and 37 to pay the salary of the senior coordinator who oversees the senior 38 programs. 39 Council Action 40 Motion by Ranallo, seconded by Makowske to follow the Planning 41 Commission recommendation to allocate St. Anthony's Year XV Community 42 Development Block Grant funds for the following planning activities: 7 1 Senior Citizens Program $ 3 ,903.00 2 Single Family Housing Rehab- $10 ,000.00 • 3 ilitation (low and moderate 4 income) 5 Ordinance Recodification $12,500.00 6 Motion carried unanimously. 7 COUNCIL REPORTS 8 Dave Childs' Resignation Accepted with Expression of Gratitude for Seven 9 and a Half Years of Service to St. Anthony 10 Mayor Sundland noted that the Council had received a letter of 11 resignation from the City Manager who would be leaving St. Anthony to 12 take the position of New Brighton City Manager at the end of April . 13 Council Action 14 Motion by Sundland, seconded by Ranallo to accept the resignation of 15 David Childs and to thank him for the seven and a half years of faithful 16 service to St. Anthony and to wish him well in his new career 17 advancement. 18 Motion carried unanimously. 19 After expressing a sense of loss at losing Mr. Childs, and yet a hope 20 that a continuation of that friendship would extend to "good 21 relationship between St. Anthony and- -its- neighbor,_ New_-Brighton" , the 22 Mayor made the following motion to fill the City Manager vacancy: 23 Sue VanderHeyden to Serve as Acting City Manager Until Mr. Childs' 24 Successor Takes Over 25. Motion by Sundland, seconded by Marks to appoint Sue VanderHeyden, the 26 current Assistant to the City Manager, as the Acting City Manager until 27 a replacement for Mr. Childs can be found. 28 Motion carried unanimously. 29 The Mayor then reported that the City was advertising for a City Manager 30 and would be taking applications for that position up until June 1, 31' 1989, after which the City Council would be making its decision 3.2 regarding a new Manager. 33 Ranallo Wants Residents to Understand Opportunity for Career Advancement 34 Led to Mr. Childs' Leaving St. Anthony 35 The Councilmember said several residents asked him how the City could 36 let the City Manager leave knowing the high esteem with which he is 8 1 regarded throughout the metropolitan area and state. He said he •2 perceived the Bulletin story had accurately portrayed Mr. Childs' move 3 as a career advancement. 4 LRT Routes Other Than Just Those Which Are Directed to Either St. Paul 5 or Minneapolis Being Considered by Ramsey County Light Rail Transit 6 Intergovernmental Advisory Committee 7 Councilmember Marks, who serves on the Committee, reported circular 8 crosstown routes to relieve traffic going to other locations had been 9 considered at the meeting of the Committee which he had attended the 10 previous week. He said there was also recognition of how difficult it 11 was becoming to get funding for LRT from state or federal sources but 12 said the Committee continues to perceive this as the right time to take 13 steps to get such funding. A copy of an article in that morning's Star- 14 Tribune reported the Ramsey County Board of Commissioners official 15 endorsement of highest priority routes was sent around for Councilmember 16 perusal. Councilmember Marks said none of the routes that had been 17 discussed had been rejected by the Board which seemed to support the 18 Committee's perception that many trips are made from suburb to suburb 19 without ever going to either major city. He indicated the proposed 20 routes would produce a much more complicated traffic pattern than the 21 trolley system which ran primarily between Minneapolis and St. Paul, but 22 was designed to serve more people on the outer perimeters of those 23 cities. 24 Ramsey County Taking Yard Refuse at Arden Hills Compost Site 105 When Councilmember Makowske reported getting questions about whether the 26 City still handled such materials at the recycling center, Mr. Childs 27 said the center was open for grass and leaves in the fall but lack of 28 space to store or create compost prevented them from processing those 29 materials over the winter or spring. However, he indicated the center 30 does have compost residents can take for their gardens. The City 31 Manager added that the Public Works Department is having a hard time 32 finding a place to put street sweepings and other dirt now that the 33 dumping area they once used on Silver Lane was going to be developed 34 for townhomes. Larry Jones, the Bulletin newswriter, told the 35 Councilmembers this week's edition was going to carry .several articles 36 on areas where residents could take grass and leaves. for composting. 37 Charitable Gambling Proceeds to be Sought for Historical Society 38 Councilmember Makowske reported that she and Society member Florence 39 Marks had researched the Society's by-laws and regulations and concluded 40 the inclusion of the Society into the St. Anthony Chamber of Commerce 41 would be very difficult under the Chamber's charter. The Society was 42 therefore faced with a problem of raising about $500.00 immediately to 43 cover the expenses of filing with the State as well as with the 44 Minnesota and Ramsey County Historical Societies. Councilmember 45. Ranallo speculated that the consortium who operate pull tab games in the 9 r: :r 1 City's liquor operations might be the next avenue for such support. 2 Mayor Sundland indicated that request had already been made. • 3 DEPARTMENTS AND COMMISSIONS 4 Brief discussions preceded orders to file the following: 5 *March Fire Department Report 6 *January Finance Report 7 CITY MANAGER 8 April -5. 1989 Staff Meeting Notes 9 Mr. Childs indicated his desire to "wrap up" all pending matters before 10 he leaves had resulted in longer staff meetings than usual and he 11 invited Council questions about issues on which they might have 12 special concerns. 13 Councilmember Makowske complimented the Public Works Department on the 14 "super job" they are doing on sweeping the City streets. Staff 15 explained the necessity for sweeping down hill which might have 16 resulted in residents in the lower portions of the City thinking 17 their streets weren't ever going to be done. Mr. Hamer indicated his 18 department had 33 miles of street to be swept. He also told 19 Councilmember -Marks that the City's policy was to inspect all the 20 sidewalks both in the spring and fall. The Councilmember indicated • 21 he had drawn Ms. VanderHeyden's attention to the potential for 22 problems posed by having two water shutoff valves sticking up above 23 the sidewalk surfaces. Mr. Hamer assured him that just as soon as 24 his department received the necessary patching materials, those 25 protrusions would be corrected. 26 The Silver Lake Residents" problems with geese will . be aired at a 27 Council Public Hearing set for April 25th. As reported in the 28 Assistant to the City Manager's portion of the Staff Meeting Notes, 29 the hearing had been scheduled in response to requests from lake 30 residents to hire Dr. Cooper, a specialist in the field of geese 31 removal to undertake a 3 year removal program. Mr. Childs recalled 32 that not all lake residents had been convinced such a program was 33 desirable at first, causing the Council to decide not to act on the 34 initial Silver Lake Homeowners Association request until they had 35 better organized that support. He said he perceived that must have 36 - happened because a public hearing had also been requested for Columbia 37 Heights to consider a program under which St. Anthony, Columbia 38 Heights and the Silver Lake Residents Association would each pay 39 $333 .00 a year for the next three years. P? 40 The Manager said he perceived the Association must have overcome the 41 strong division among lake residents demonstrated last fall because • 42 the proponents have said they expect little or no opposition to the 43 proposal at either hearing. 10 •1 Fish Kill and Shore Erosion on Silver Lake Also Discussed 2 Frank Bracchi, 2923 Silver Lake Court, indicated he was there that 3 evening to seek City help with problems on his end of the lake with the 4 fish kill over the winter which was now finding its way up on his and 5 his neighbors' shore property. He said they didn't have the problems 6 with the geese on his end which lake residents on the Columbia Heights 7 side were experiencing. However, Mr. Bracchi added that he had been 8 able to discourage the few geese who had attempted to come up on his 9 property by stringing a few feet of fish line along the water's edge, 10 which in his opion, would be a less expensive and complicated resolution 11 of the problem than the geese removal program being advocated by the 12 Silver Lake Residents Association. His contention was that if everybody 13 did the same as he and his neighbor, the geese would become discouraged 14 and would go somewhere else. 15 Mrs. Sorenson reported she lived in Windsor Green and agreed that the 16 majority of her neighbors enjoyed having succeeding generations of 17 geese families returning to nest in that area, although some disliked 18 the mess the geese left behind. 19 Mr. Childs said he understood Dr. Cooper knew just when to transport the 20 geese away from the area so they wouldn't return. "A very interesting. 21 hearing" was expected by Councilmembers who reported mixed reactions to 22 the proposed program from lake residents who had called them. 23 Councilmember Ranallo said that he would be unable to attend the meeting 04 on the 25th. 25 Public Works Department to Undertake "A One Year Only" Program to Aid 26 Lake Residents in Getting Rid of Winter Killed Fish- From Silver Lake 27 Mr. Hamer explained what his crews would be doing this year in response 28 to the lack of oxygen under the ice which had killed more fish than 29 usual this year. Mr. Bracchi reported it was worse on his side of the 30 lake and he estimated that he had between 500 and 600 pounds of mostly 31 dead carp which the prevailing winds had deposited on his. shorefront for 32 which he had no means of disposal . He said, as usual , the DNR had been 33 unwilling to do anything about the problem perceiving that eventually 34 the dead fish on the lake would sink. 35 There was Council concurrence that although that might be accurate, it 36 was still not healthy to have so many rotting fish in the area or to 37 have those nutrients added to the lake itself. 38 Mr. Hamer's suggestion about putting a dumpster and a supply of plastic 39 bags along the shoreline for use of the residents and to rent a boat •40 from which the dead fish could be netted by his. department as they 41 surfaced was accepted by the Council. 42 Councilmember Marks commented that he perceived the fact that residents . 43 along that shoreline owned property out into the lake might have • 11 1 deterred the DNR from undertaking a shoreline cleanup project on private 2 property. 3 Councilmember Enrooth agreed that the problem might be severe enough to 4 warrant the. City helping the lake residents out this year, but wanted 5 it clearly understood the City was not undertaking a permanent program 6 for cleaning out the lake. 7 Mr. Bracchi reported he had also come to the meeting that evening to 8 discuss a general environmental' erosion of shoreline along Silver Lake 9 Road which he perceived was getting worse every year. There was general 10 agreement that it would be counterproductive to do anything now which 11 might have to be undone when the road .is widened. Staff was requested 12 to bring the erosion problem to the attention of Ramsey County Highway 13 Department for consideration before the final plans are drawn up for the 14 project. 15 Traffic Signal on 37th and Stinson Update 16 The above had been provided in Mr. Hamer's April 11th memorandum, copies 17 of which had been distributed at the meeting. 18 Mr. Childs reported on the meetings he and the Public Works Director had 19 participated in with Columbia Heights, the City of Minneapolis, and 20 Hennepin County to consider whether or not to install a semaphore at 21 that intersection and to study related signage for the intersecting 22 streets north on Stinson. • 23 The City Manager indicated that apparently the City of Minneapolis does 24 its own contracting of such projects and was now offering to perform the 25 same services on this semaphore which Hennepin County studies had 26 indicated warranted MSA allocation. He gave the percentages under which 27 each governmental body would be paying for the project if the lights are 28 installed at 37th and Stinson, reporting that St. Anthony would be 29 responsible for paying for 3/8ths of the intersection. The Manager 30 reported that the County estimated the semaphore would cost around 31 $70,000. 00, but no more than $80,000.00 and said what the Public Works 32 Director was looking for that evening was the Council's reaction to 33 having Minneapolis do the contracting, installation, etc. for the 34 project for which St. Anthony would have to pay 3/8ths of the costs. 35 Mr. Hamer assured the Council that Minneapolis would have to be the 36 lowest bid for the project and that a feasibility cost estimate to 37 support or dispute the contractor's estimate that the semaphore would 38 cost no more than $80,000.00 would have to be submitted at the same time -' 39 as the proposed joint powers agreement so the Council would know exactly =:40 what the City's costs would be before entering into any agreement to ..tr41 participate in the project. He added that MSA standards would have to -r42 be net for the City's share of the costs. 1" - _ 43 Mr. Childs indicated a good share of the City's current MSA allocation 44 would probably be used up for the repair of MSA concrete streets this • 12 1 year, but St. Anthony would be getting an additional $100,000.00 before 2 this project could be done in 1990. He added that the relationship of 03 39th Avenue to this project made it imperative that that portion of 4 Stinson also be studied at this time with the thought if an additional 5 signal is found to be needed, some cost savings might be realized if the 6 same contractor does both jobs. He added that it would be up to 7 Columbia Heights to decide, though, the City might be able to use Ramsey 8 County CDBG funds for its share of those costs if a signal at that 9 intersection is authorized. 10 Councilmember Enrooth commented that he was concerned that we might end it up with several stop lights within three blocks if all the conflicting 12 intersections are handled. The City Manager stated that without a 13 study, a semaphore at 37th might make conditions at 39th even worse than 14 some of the seniors perceive they are now and might only exacerbate the 15 problems with getting out on 38th and through the railroad crossing 16 between 37th and 38th. Mr Childs reiterated that in spite of the 17 Hennepin County study which had indicated the traffic at 37th and 18 Stinson warranted a semaphore, he perceived a need to prove that signal 19 would not negatively impact on the streets which intersected Sti-nson all 20 the way up to Silver Lane. 21 Mr. Hamer said he had a feeling that Minneapolis would not be legally 22 able to contract for a project outside its own city limits and he 23 anticipated the whole project would have to be bid out anyway. The 24 Public Works Director then outlined the process which had to be followed 25 and pointed out that any feasibility study of 39th would be done by 06 Columbia Heights. 27 Councilmembers indicated they had no problem with following the process 28 Mr. Hamer had outlined which called for joint powers approval by all 29 governing bodies involved before the project would proceed. 30 Council to Look at Minneapolis Plastic ordinance 31 The City Manager reported he had requested a copy of the ordinance 32 Minneapolis had just passed, which some suburbs were now looking at as 33 well. 34 Executive Session Following H.R.A. Meeting Approved 35 Mr. Childs requested the above to discuss several legal matters for 36 which he needed Council direction to work on before he left the City's 37 service. The session was scheduled to be held after the H.R.A. meeting 38 that evening. 39 NEW BUSINESS " 40 Contracts Awarded for Road Materials • 13 1 Motion by Marks, seconded by Ranallo to accept the bids for concrete, 2 aggregate, road oil and blacktop in accordance with the recommendations 3 in Mr. Hamer's March 29, 1989 memorandum. 4 Motion carried unanimously. 5 Zahl Equipment Low Bid of $14,327 Accepted for Measuring Device and 6 Probes to Monitor Leaks in Gas or Fuel Oil Tanks 7 Motion by Enrooth, seconded by Ranallo to award the contract for the 8 above to the lowest bidder, Zahl Equipment Company, as recommended by 9 the Public Works Director. 10 Motion carried unanimously. 11 Remainder of Cyclone Slide Equipment to be Furnished by Miracle 12 Recreation Equipment for $2,170 13 Mr. Hamer's April 5th memorandum recommending the price quote from the 14 above firm be accepted to complete phase 2 of the project was the basis 15 for the following motion of approval: 16 Motion by Makowske, seconded by Marks to accept the bid of $2 ,170.009 17 from Miracle Recreation Equipment to complete the slide project in the 18 phased playground equipment replacement program for Central Park. 19 Motion carried unanimously. • 20 ADJOURNMEMT 21 Motion by Marks, seconded by Enrooth to adjourn the Council meeting at 22 9:07 P.M. for the meeting of the St. Anthony Housing and Redevelopment 23 Authority which followed immediately. 24 Motion carried unanimously. 25 Respectfully submitted, 26 Helen Crowe, Secretary 27 28 Mayor 29 ATTEST: 30 .City Clerk 31 :cjk • 14 A 4 C=TY OF S T . ANTHONY HOU S 2 N G AND REDEVELOPMENT AUTHOR=TY M 2 NUTS S APR 2 L 1 1 , 1 9 8 9 1 The meeting was opened by Chair Sundland at 9:0.9 P.M. 2 ROLL CALL 3 Present: Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks, 4 and Commissioners Ranallo and Makowske. 5 Also present: David Childs, Executive Director 6 Larry Hamer, Public Works Director 7 MARCH 28. 1989 H.R.A. MINUTES 8 Motion by Marks, seconded by Makowske to approve as presented. 9 Motion carried unanimously. 10 CLAIMS 01 Motion by Ranallo, seconded by Makowske to approve payment of $559.19 12 to the Dorsey & Whitney law firm for legal services to the H.R.A. during 13 February, 1989. 14 Motion carried unanimously. 15 Mr. Childs reminded the H.R.A. members that even before Arkell was 16 involved it had been decided to let whatever developer constructed that 17 portion of the Kenzie Terrace Redevelopment Project do the demolition 18 of the site and to limit the maximum payment for the demolition to 19 $90,000.00 for which LaNel was now billing the City after completing 20 demolition for the Autumnwood Apartments. 21 Motion by Marks, seconded by Enrooth to approve payment of $90,000.00 22 to the LaNel Financial Group. 23 Voting on the motion 24 Aye: Marks, Enrooth, Sundland, Ranallo. 25 Abstention: Makowske. 26 Motion carried. 1 1 1 Motion by Marks, seconded by Ranallo to approve payment of $14,186.85 2 to Twin Cities Harley Davidson as the final relocation claim for moving • 3 and related expenses in conjunction with the relocation of that 4 displaced business to Blaine, MN from the Autumnwood Apartments site. 5 Notion carried unanimously. 6 Motion by Marks, seconded by Enrooth to approve payment of $4,757.50 to 7 Federal-State Relocation .Consulting Services for final services related 8 to the relocation of Twin Cities Harley Davidson from the site on which 9 the Autumnwood Apartments are now to be erected. 10 Notion carried unanimously. 11 Evergreen Townhome Project Update 12 Mr. Childs indicated he had a "more encouraging report than had been 13 given at the previous H.R.A. meeting. He said he had been continuing 14 negotiations with the Soo Line Railroad Engineering Department which he 15 then discontinued when Vern Hoium, President of Evergreen Development, 16 phoned him to indicate the developers had refigured the configuration 17 of the proposed townhome project and perceived the townhomes on the east 18 side of the pond could be put up on slabs instead of basements and the 19 fill could be dumped in that location instead of on the railroad's 20 property. 21 The Executive Director had also indicated that allowing slabs -would give 22 those prospective buyers who didn't want basements the options they 23 were seeking and at the same time drop the proposed road through the • 24 site which was actually -higher than Silver Lane down four feet to a 25 height of only a few feet lower than Silver Lane. Mr. Childs reported 26 the Evergreen President had perceived these changes would cost a lot 27 less than what the railroad was asking to allow the developers to dump 28 fill on their right-of-way. He said it would take the developers a few 29 days to draw up the new plans which should be ready for the next H.R.A. 30 meeting. 31 H.R.A. Cools Towards Request to Lower Assessed Valuation for the LaNel 32 Project 33 Mr. Childs relayed the developer's request to put a cap on taxes for 34 the Autumnwood Apartments to keep the rents for those units a little 35 more reasonable than would be necessary to pay taxes which are now 3'6 estimated to run between $1,850.00 and $2,000.00 as compared to 37 $1,200.00 to $1,400.00 originally projected. There was general 38 concurrence that the City should not grant this request, which was 39 feared could result in every other property owner in St. Anthony 40 requesting a similar cap on the property tax raises they were also 41 experiencing. 42 The Executive Director indicated he had also not been too excited about 43 giving a further subsidy to this developer when the City was holding 44 developers on other redevelopment projects to a minimum tax without any 2 • 1 concessions related to a maximum tax. He said he might have reacted �2 differently if the request had been part of the original Redevelopment 3 Agreement with LaNel . 4 Councilmember Makowske questioned whether the City, by restraining the 5 amount of taxes which would be paid on the project so far into the 6 future, might not be acting just as illegally as whoever cut the deal 7 with Minneapolis related to the St. Anthony Boulevard years ago. 8 Councilmember Enrooth indicated he perceived the raise in taxes had not 9 been caused by the City and that it was up to the developers to protest 10 the tax raise with the legislature whose responsibility it really was. 11 ADJOURNMENT 12 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony Housing 13 and Redevelopment Authority meeting at 9:45 P.M. for the Council 14 Executive Session. 15 Motion carried unanimously. 16 Respectfully submitted, 17 Helen Crowe, Secretary 18 ****************** ****st************** OPAn informal discussion with Mrs. Sorenson related to the Walker on O Kenzie senior residence followed the adjournment of the H.R.A. The 21 project housing manager relayed her appreciation of the quick response 22 always given by the City Fire and Police Department to calls caused by 23 a resident accidentally activating her call button a couple of times. 24 She also reported there was a two and a half to three year wait for 25 those subsidized apartments and agreed that if the City could get H.U.D. 26 financing for another 50 unit building, there would be no problem with 27 immediately filling it up. The Housing Manager indicated she did want 28 to warn the H.R.A. about possible damage to the adjacent residences from 29 the demolition process being on the site next to Walker Apartments. She 30 said her building had developed some cracks in the walls which had 31 resulted from the digging. Mrs. Sorenson was thanked for bringing 32 this to the City's attention and for the other information she had given 33 on the senior project. 34 :cjk 3 CITY OF ST. ANTHONY CITY COUNCIL • MINUTES April 25, 1989 5 The meeting was called to order at 7:30 P.M. with the Pledge of 6 Allegiance led by Mayor Sundland. The meeting had been preceded by the 7 Board of Review Continuation Meeting at 6:30 P.M. followed by a Council 8 Executive Session. 9 ROLL CALL 10 Present: Marks, Sundland, Enrooth, Makowske. 11 Absent: Ranallo. 12 Also present: David Childs, City Manager 13 Sue VanderHeyden, Assistant to the City Manager 14 APRIL 11, 1989 COUNCIL MINUTES 15 Motion by Marks, seconded by Enrooth to approve with the following 16 change: 407 Page 1, line 17*: Capitalize "April" . 8 Motion carried unanimously. 19 APRIL 11, 1989 COUNCIL MINUTES 20 Motion by Marks, seconded by Enrooth to approve as submitted. 21 Lotion carried unanimously. 22 The April 11th Board of Review Minutes were laid over for clarification 23 of Mr. Child's statement on Page 4. 24 LICENSES/PERMITS/PETITIONS ` 25 Motion by Marks, seconded by Makowske to grant the following licenses 26 as listed in the April 25, 1989 Council agenda packet: 27 Cigarette 28 Dave's St. Anthony Mobil (renewal) 29 Contractors 30 Midway Sign Co. , Inc. , St. Paul, MN 31 Barkley -Construction, Minneapolis, MN Asphalt Specialties Co. , Lakeland, MN I i 1 Heating i 2 Custom Mechanical, Inc. , Fridley, MN • 3 Motion carried unanimously. 4 Motion by Sundland, seconded by Enrooth to grant an on-sale 3.2 beer 5 permit to Emerald Garden Restaurant in Apache Plaza for which the 6 necessary papers for a wine permit have 'not yet been submitted by the 7 applicant. 8 Voting on the motion: 9 Aye: Sundland, Enrooth, Makowske. 10 Nay: Marks. 11 Motion carried. 12 CLAIMS 13 Mr. Childs clarified several items in the verified claims before the 14 following: 15 Motion by Enrooth, seconded by Makowske to approve payment of all City 16 accounts payable listed for March 31 and April 14, in the April 25, 1989 17 agenda packet as well as all liquor accounts payable listed for March 18 31 and April 12 in the same agenda packet. 19 Motion carried unanimously. • 20 Motion by Marks, seconded by Enrooth to approve payment of the final 21 contract payment of $13,751.74 to Ashbach Construction for grading and 22 paving contracting on the St. Anthony Boulevard reconstruction project. 23 Motion carried unanimously. 24 Motion by Makowske, .seconded by Marks to approve payment of $.12,754..00 25 to Polar Chevrolet for the 1989 Chevrolet Caprice squad car for the 26 Police Department. 27 Motion carried unanimously. 28 Motion by Marks, seconded by Enrooth to approve payment of $2,400.00 .29 to the Hance & LeVahn law firm.for legal services rendered for the month 30 of April, 1989 relative to St. Anthony prosecutions. 31 Motion carried unanimously. 32 Motion by Makowske, seconded by Enrooth to approve payment of $19,627.86 33 to the Metropolitan Waste Control Commission for May sewer services. 34 Motion carried unanimously. 2 • r v 1 Motion by Sundland, seconded by Makowske to approve payment of $1,988.40 •2 to the Government Training Service as the consultant's fee plus travel 3 expenses related to the January 20-21 Planning and Goal Setting Retreat. 4 Notion carried unanimously. 5 Motion by Marks, seconded by Makowske to approve payment of $4,542.35 6 to Hennepin County as the amount the City engineers calculated remained 7 for the County Road D Reconstruction Project. 8 Notion carried unanimously. 9 REPORTS 10 APRIL 5, 1989 PLANNING COMMISSION MINUTES PERTAINING TO HARDEES SIGN 11 VARIANCE REQUEST - COMMISSIONER TED BROWNELL 12 Variance Granted for Second Hardees Sigma 13 Planning Commission Recommendation 14 Commissioner Brownell reported the applicant had requested a Council 15 decision on his variance be delayed until the April 25th meeting. The 16 Commission representative used the portions of the April 5th minutes 17 pertaining to this issue as well as design drawings of the proposed sign 18 as reference points in his report. He also indicated: �9 -The variance request was for a 37.1 square foot sign to be erected 20 on the south facing mansard roof in addition to the 76 square foot 21 freestanding sign which, in 1985, the restaurant owner had been 22 permitted by the City to take down from the roof and install instead 23 on the southeast corner of his property close to Silver Lake Road. 24 -The restaurant would have a total of 107.1 square feet of signage 25 with the second sign where the City ordinance allows 150 square feet 26 of signage, but only one sign per establishment. 27 -The Commission had recommended with a 3 to 2 vote that the variance 28 for the second sign be granted for the reasons reported in the 29 Commission minutes which the Commissioner summarized. 30 Councilmember Marks commented that "state law says 'hardship' has to 31 result from what's written in the ordinance or is the nature of the 32 ordinance and/or the nature of the lot itself which makes it different 33 from other lots when it comes to shape, unusual topography, etc. and not 34 whether it's difficult to get business without the signage. " He asked 35 Commissioner Brownell whether the Commission had taken that into account 36 with their recommendation. 37 The Commissioner's response was that he perceived the majority of the 38 Commissioners were of the opinion that "the site did have unique • 3 4 1 1 difficulties which represented a hardship because the main access 2 available into the site itself is on a service road to Apache from which • 3 the visibility of both the freestanding sign in front of the restaurant 4 and the restaurant itself are obstructed by the gas station and vehicles 5 parked around it. He reiterated that a northbound driver on Silver Lake 6 Road might find it difficult to identify the restaurant in time to turn 7 onto the service road because of these obstructions. The Commission 8 representative confirmed that the Commission had been convinced that 9 there was something about the nature of the lot itself which caused the 10 hardship and not just the economic difficulties of the owner. 11 Councilmember Bnrooth observed the objectiveness of the report in spite 12 of Commissioner Brownell's own perspective as indicated in his vote on 13 the Commission's motion. 14 Proponents - Charlene D. and Ken R. Johnson, Hardees owners 15 Mr. Johnson reiterated that as soon as the weather permitted the 16 freestanding sign in front of his restaurant would be enclosed down to 17 the ground level. He 'answered Council questions as follows: 18 -the roof sign would be internally lit on only the south side facing 19 Silver Lake Road; 20 -thinks the sign he had moved off the roof looked "super" where it was 21 now but "the banners the Mobil station is able to have hide the 22 Hardees sign from northbound traffic and make a sign on the roof 23 necessary to identify the restaurant in time to turn into the service 24 road on the other side of the gas station. "; 25 -pointed out that there was no break in the Silver Lake median which 26 would allow prospective customers to turn around once they've made 27 that identification. 28 Councilmember Makowske indicated that, because of the residential area 29 across the street, she would like to have the sign turned off at 11:00 30 P.M. which is the latest time the restaurant owner had said his business 31 would be open. 32 Council Action 33 Motion by Marks, seconded by Makowske to accept the recommendations of 34 the .Planning Commission and grant a variance from the Sign Ordinance of 35 the City. Code to allow the proposed 37.1 foot wall sign on the westerly 36 portion of the south facing mansard roof of the Hardees Restaurant, 37 4004, Silver Lake Road, subject to the sign lighting being turned off 38 at 11:00 P.M. 39 In granting the variance (for a second sign at this location) , the 40 Council finds, as did the Planning Commission) , that: 4 • 1 1. The sign meets all conditions required by the statute to be satisfied 2 before a sign variance can be authorized because: W3 a. it won't be detrimental to the public welfare or injurious to 4 other property in the same area; 5 b. the sign would help overcome the hardship of not being able to 6 identify the turn into the restaurant; and 7 C. the restaurant's setback from Silver Lake Road, where its 8 visibility is obstructed by signage and vehicles parked in front 9 of a gas station, make it somewhat unique in terms of visibility. 10 2. The City Council recently granted the Burger Ring Restaurant, which 11 is proposed to be constructed in close proximity to Hardees, a 12 variance to the sign code which permitted multi-signage for that 13 building. 14 3 . No opposition to the variance was expressed to staff either before or 15 after the April 5th Commission hearing and no one appeared in 16 opposition during the Council's April 25th consideration. 17 Motion carried unanimously. 18 Restaurant Owner Perceives Loss for Business Community with Departure 19 of Mr. Childs 10 Before he left the meeting, Mr. Johnson told the Councilmembers he hated 1 to see Mr. Childs leave St. Anthony because he perceived the City 22. Manager had always been most helpful to him and other businessmen in the 23 City. 24 COUNCIL REPORTS 25 Councilmember Marks Reports Attendance the Previous Week at Lavern 26 Government Training Session and Youth Service Bureau Executive Board 27 Meeting 28 The Councilmember reported that he thought the Council might be as 29 interested as he had been to learn during the YSB Board meeting that 30 almost 90% of the inmates incarcerated at the men's prison at Stillwater 31 and a women's reformatory one of the Board members had visited, had been, 32 either physically or sexually abused themselves when they were children. 33 Councilmember Marks said he had concluded from what he had heard at that 34 meeting that whatever organizations like the YSB can do to protect kids 35 from that type of abuse could have an "incredible payoff in the future 36 even if you only considered that in terms of money and not lives which 37 are lost. " • 38. Councilmember Enrooth Warns of I1=nding Controversy About Who's Going 39 to Monitor Groundwater Contamination • 5 1 The Councilmember had co-signed a letter to the municipalities served 2 by the Groundwater Study Committee, of which he is a member, warning 3 of the need for monitoring groundwater to prevent contaminant seepage. 4 He said he anticipated there might be the same problems over whether 5 the state or the county should be responsible as there had been with the 6 watershed district issues. Mr. Childs indicated the letter was being 7 circulated. 8 Childs Reports April 19th Ramsey County League of Local Governments 9 Meeting 10 Councilmember Makowske reported she had been unable to attend the above it because of her father's hospitalization for a few days last week. She 12 indicated she was glad the City Manager had been able to make the 13 meeting and wondered whether any action had been taken related to 14 banning plastics. 15 Mr. Childs reported the meeting had merely touched on the plastics 16 issue, promising to generate copies of the Minneapolis ordinance which 17 the City Manager reported he had been able to .get for inclusion in the 18 agenda packet and discussion later in the meeting. He said the main 19 focus of the RCLLG-meeting had been the joint sharing of the Turtle Lake 20 Elementary gymnasium by the City of Shoreview and the Mounds View School 21 District as an example of joint projects between cities and school 22 districts. 23 Councilmember Makowske Indicates Historical Society Undertaking 24 Membership Drive and baking Arrangements for Booth at VillageFest 25 The Councilmember reported her committee was developing a membership 26 form to accomplish the above and she had met briefly with the 27 VillageFest Committee regarding the booth. She indicated the Historical 28 Committee would like to have the membership form she was circulating 29 that evening published in the next Newsletter so people can turn them 30 in during the community celebration in June. Councilmember Makowske 31 also reported she and Florence Marks would have the by-laws and 32 incorporation documents ready for review by the Committee at their next 33 meeting. 34 APRIL 11, 1989 BOARD OF REVIEW MINUTES 35 Action on the above had been deferred for clarification of the City 36 Manager's comments on Page 4 which he recommended be deleted as 37 "unimportant to any particular property valuation change. " 38 Motion by Marks, seconded by Enrooth to approve the April 11th Board 39 of Review Minutes with deletion of all of Mr. Childs' comments in lines 40 24-28. 41 Motion carried unanimously. 6 • 1 PUBLIC HEARINGS •2 Council Agrees to Assist in Funding Three Year Silver Lake Geese Removal 3 Project 4 At 8:00 P.M. Mayor Sundland opened the hearing on the above by reading 5 aloud the Notice of Hearing which had been published in the April 2nd 6 Bulletin. The Mayor reported learning from Mayor Hadtrath of Columbia 7 Heights that his City Council had already passed a motion authorizing 8 payment of their share of the costs of having the geese removed under - 9 the supervision of Dr. James Cooper of the University of Minnesota as 10 requested by the Silver Lake Residents Association. Mayor Sundland it reported that although he and the other Councilmembers were certainly 12 conscious of the problem, he .personally had heard from no lake residents 13 one way or the other since the Notice was published. 14 Proponents 15 Jerry and Diane Faust;; 4033 Silver Lake Terrace, were present to speak 16 in favor of the program. Mr. Faust indicated that although he did not- 17 belong to the Residents Association and could not speak for its members, 18 he stated that "as one of those most affected by the geese because I 19 live on the point where they squawked the most, " he was certainly for 20 their removal. He said he was also assuming all property owners who had 21 the same problem would be in favor of their removal. 22 Councilmember Enrooth indicated that he had concluded from what he had �3 seen so far that although there would probably never be a 100% consensus 4 of all lake residents, the problems .with the geese had escalated •to the 25 point where the highest level of agreement had been reached around the 26' lake in spite of diverse interests connected to the geese. The 27 Councilmember warned that even with a three year program, all the geese 28 would never be removed, but at least additional growth in their numbers 29 would be limited. Because of the inborn instincts of the geese to 30 return each year to the island where they first nested, the proposed 31 removal program was the most logical way of preventing the problem from 32 growing. 33 Ron Severson, 2912 Silver Lake Court, as President of the Silver Lake 34 Residents Association, indicated he lived on a cul de sac which was not 35 on the lake and not directly impacted by the geese except when they flew 36 over. However, he reported, at the last Association meeting last June, 37 the largest attendance he had ever seen had been present because of the 38 geese and the removal program idea. 39 The Association President then introduced Dr. Cooper, who he said could 40 personally report on his meeting with the Columbia Heights City Council 41 and could answer this City Council's questions about how effective 42 similar geese removal programs had been in .other areas. 43 Dr. Cooper reported that: 7 I 1 -Because geese instinctive) return to the area where the first nest g Y Y 2 the young geese on the island would be relocated to Minnesota areas • 3 where there are currently not enough geese. 4 -The DNR would transport the mature geese to areas in Kentucky, 5 Tennessee', and Arkansas where they would be welcomed and hopefully 6 exchanged for turkeys to be relocated in southern Minnesota. 7 -The primary feathers in the wings of the adult geese would be clipped 8 in a manner no more painful than clipping human fingernails which 9 would prevent them from following their inborn homing instincts to 10 return to the area where they originally nested. Once they have 11 nested in a new location, that instinct would be transferred to that 12 new location. 13 The University of Minnesota's -Department of Fisheries and Wildlife 14 Professor pointed to the phenomenal 200% growth rate for geese which had 15 produced anywhere from 200 to 300 geese on the island where the last 16 computer data his department had was for seven pairs in 1983. Dr. 17 Cooper reported the four year program his department had undertaken on 18 Long Lake in New Brighton had reduced the goose population from 170 to 19 35 this year, with only 15 expected this spring. 20 Dean Prekker, 2401 Silver Lane, indicated his wife, who was with him, 21 was Association Secretary and the minutes of the last meeting which she 22 had with her that evening indicated that the members of the Silver Lake 23 Residents Association although not unanimous in their agreement, the 24 majority by far favored the geese removal program and an additional • 25 Association assessment of $20.00 per year per member was instituted to 26 support it. He reiterated that there had been the largest attendance 27 by far than at any other Association meeting was to vote for the 28 program. The lake resident 'drew the Council's attention to the" fact 29 that when the same proposal had been made at the Columbia Heights 30 Council meeting, there had also been no one speaking in opposition to 31 the proposal. He attributed that to the experience both Columbia 32 Heights and St. Anthony residents who use the swimming beach on the 33 Columbia Heights side have had with the geese droppings. 34 Mayor Sundland commented that Mayor Hadtrath had told him the Columbia 35 Heights Council had certainly been positive about the program and the 36 St. Anthony Mayor said he sensed none of the St. Anthony Councilmembers 37 were opposed to it. He therefore closed the hearing at 8:20 P.M. 38 Council Action 39 Motion by Makowske, seconded by Enrooth to authorize the funding of the 40 proposed three year geese removal program for Silver Lake for an amount 41 not to exceed $1,000.00. 42 Motion carried unanimously. 43 CONTINUATION OF REPORTS 8 1 DEPARTMENTS AND COMMITTEES �2 Brief discussions preceded the orders to file the following: 3 -April 11th report from Hance & LeVahn reporting cases the City 4 Prosecutors had handled in Hennepin County District Court up to and 5 including April 5, 1989; 6 -March Liquor Operation Sales Summary; 7 -January and February Police Department Reports including the February 8 Police Reserves Report. 9 CITY MANAGER 10 April 18, 1989 Staff Meeting Notes 11 Mr. Childs told Councilmember Marks he believed the sidewalk along the 12 west side of Silver Lake Road up to Highway 694 was a part of Ramsey 13 County's .preliminary plans for upgrading that same portion of Silver 14 Lake Road and would be paid for from County MSA funds. The City 15 Manager said he anticipated the project would be a couple of years 16 * down the road, although funding was more available for this project 17 than it had been for County Road D. 18 Councilmember Makowske observed that the Public Works Department had 0 9 managed to dispose of most of the dead fish along the Silver Lake 0 shoreline. Mr. Childs told her it had taken several workers and a 21 portion of a six yard dumpster to get the job done in about a day. 22 Councilmember Enrooth said he understood most of the winter killed 23 fish were carp with only a few panfish to dispose of. 24 Mr. Childs indicated he wasn't certain whether 29th Avenue had been 25 swept by the Public Works crews, but in any event, the Public Works 26 Department would probably have to, as in years past, do a second 27 sweeping to remove the refuse from boulevards which residents push out 28 ' into the streets. 29 Staff Directed to Adapt Minneapolis Food Packaging Ordinance for St. 30 Anthony 31 Ms. VanderHeyden's April 20th memorandum discussed the copy of the 32 ordinance .,which she had included in the agenda packet and Mr. Childs 33 reported the various reactions he anticipated from other municipalities, 34 the counties and the state, some of which might pre-empt local 35 regulations. 36 Councilmember Marks indicated he had been the one who requested staff 37 get a copy of the ordinance and said he believed it should be modified 38 and passed by the Council. Councilmember Makowske. seconded his motion 39 to that effect, saying she perceived- the City should do everything it 9 1 could to remove nondegradable nonreturnable and nonrecyclable packaging 2 from the waste stream. The maker of the motion indicated one of the • 3 other reasons he favored the removal of plastics was because most of 4 them were produced from petro chemicals which were also environmentally 5 damaging. The Councilmember said he believed that as long as plastics 6 can't be reused, he could see no reason to continue their use. 7 Mayor Sundland said he agreed with both of them, but thought the issue 8 of environmental preservation from environmentally acceptable packaging 9 should really be handled by the state legislature to avoid a "hodge 10 podge" of ordinances which might, in the long run, result in the issue it not getting the acceptance'it deserved. Councilmember Makowske said she 12 agreed that this concept should be statewide but thought the fact that 13 cities were passing these ordinances would give a "clear message" and 14 impetus to the state legislature to act quicker. Councilmember Marks 15 indicated he didn't think what St. Anthony did was going to make a big 16 difference in the overall scheme of things, but he perceived the real 17 value lay in a lot of municipalities passing ordinances like this. 18 Councilmember Enrooth-.agreed that it was important to have support of 19 the larger cities' actions around the first and second ring suburbs 20 because a voice which has some consensus to it might convince the 21 manufacturers to voluntarily change back to more environmentally 22 acceptable packaging like glass, etc. 23 Mr. Childs said both Minneapolis and St. Paul wanted the state to take 24 over the legislation and had in fact requested they do so. Those 25 cities had also perceived the need for federal help as well. However, 26 he pointed out that Minneapolis had licensed food establishments prior 27 to passing their ordinance which gave them the mechanism for regulation 28 which St. Anthony currently doesn't have. Since revocation of such 29 licenses is the penalty for non-compliance, the City lacks the tool for 30 enforcement which is an issue on which staff would need further 31 guidance. The City Manager also pointed out that Minneapolis has a 32 Health Commissioner who is charged with enforcing the process, and had 33 also set up a process for establishing rules and regulations, as well 34 as an Advisory Committee on Environmental Acceptable Packaging to 35 oversee the process. He suggested - it might be beneficial for St. 36 Anthony to meet with Minneapolis officials to see whether in light of 37 St. Anthony's small size and proximity, requests for commercially 38 acceptable packaging can be referred to the Minneapolis agencies which 39 are already in existence. The Manager also sought Council suggestions 40 about how enforcement could be handled. It was agreed that the food and 41 beverage industry would be lobbying strongly against having to spend 42 millions of dollars to retool their plants. However, Mr. Childs said, 43 he perceived those industries always had the options of making their 44 packaging recyclable or creating markets for the kinds of plastics they 45 are now using. 46 The option of having a deposit charged on containers to make them 47 returnable was also explored. 10 1 The issues of enforcement and determination of what's commercially �2 acceptable were left for further staff research. 3 Council Action 4 Motion by Marks, seconded by Makowske to direct staff to study the 5 Minneapolis Food Packaging Ordinance further and make the appropriate 6 changes necessary for a St. Anthony ordinance. 7 Notion carried unanimously. 8 Council Authorizes a S2,000.00 Loan for a St Anthony Parade Float 9 A copy of the agreement with Parade Productions Incorporated to 10 construct and decorate the above 26 foot long, 10 foot wide, 12 foot 11 high float for $4,500.00, which had been executed by the President of 12 the St. Anthony Chamber of Commerce, had been included in -the agenda 13 packet as well as the drawing of the proposed float. Mr. Childs 14 reported that the VillageFest Committee through the Chamber of Commerce, 15 had requested that the City authorize the initial $2,000.00 loan to get 16 the process started. Ms. VanderHeyden reported the Committee had 17 received a contribution of $2,500.00 from the Tri-City American Legion; 18 $500.00 from TCF; $200.00 from Berger Transfer; and she thought $500.00 19 from the St. Anthony National Bank as well as a number of $25.00 and 20 $10.00 donations from other sources to help fund the project. 21 Committee members are continuing the phone solicitations of other 22 businesses and residents are also being contacted, the Assistant to the 13 City Manager said. She also reported the VillageFest Committee had 4 decided the previous evening to get a beverage company to send out a 25 refrigerated van which could serve as the Committee headquarters from 26 which Committee members could sell ice cream, pop, and popcorn with 27 profits used to support the float project. The Fest button only needed 28 a logo, Ms. VanderHeyden added. At the suggestion of several 29 Councilmembers, she agreed to contact Don Makovske personally to see if 30 he would be willing to direct his talents to that project. The 31 Assistant to the City Manager concluded her report by indicating she 32 perceived a lot of progress had been made to assure the success of the 33 VillageFest with many activities, including a 5K run to draw larger 34 crowds. 35 Council Action 36 Motion by Makowske, seconded by Marks to authorize a loan of $2,000.00 37 to cover the start-up costs for the St. Anthony Parade Float. 38 Notion carried unanimously. 39 AM Proper y Tax Brochure Welcomed as Tool for MWlaining City's Share 40 of St. Anthony Tax Bills 41 Staff had included in the agenda packet copies of the brochure with 42 which the Association of Metropolitan Municipalities had attempted to 11 e. 1 make property taxes more understandable and to draw comparisons between 2 the inconsistencies between property taxes paid in the metro area and • 3 those paid by outstate communities. Several municipal newsletters 4 underscoring the points made in the brochure had also been attached for 5 the Council's information. 6 Councilmember Makowske indicated she thought the explanation Ms. 7 VanderHeyden had given in the latest Newsletter had been excellent and 8 should help residents distinguish just what percentage of their tax 9 bills were attributable to the _City. The Councilmember said she was 10 convinced after conversations with a good many residents that many of 11 them had failed to make that distinction and still blamed the City for 12 the cost of services provided by the school and other governmental 13 entities which are paid from City property taxes. 14 Favorable Workmen's Compensation Claims Earn City $46,477 Insurance 15 Refund 16 Mr. Childs held up the; check 'from the League of Cities Insurance Trust 17 Fund which the City had earned from a favorable loss experience during 18 1987-1988. He added that several claims this year might result in a 19 smaller check next year, but said he didn't expect a large rise in the 20 . City's experience modification rate because it would be calculated on 21 multiple year losses and "if the City could make 1989/90 like 1987/88; 22 it .would be doing very well. " 23 Staff Recommends Piper Management, Inc. to Manage Proceeds of City's 24 Settlement With Army 25 Mr. Childs reported he and Ms. VanderHeyden had recently met with 26 representatives of the above firm who are custodians for the 4M Fund 27 through the League of Minnesota Cities who had submitted the proposal 28 to manage the City's settlement funds he was distributing to 29 Councilmembers that evening. The City Manager said the management firm 30 also had a program which could set up time schedules .for operating the 31 permanent carbon filtration facilities. He also indicated both Ms. 32 VanderHeyden and he had perceived that because of the management 33 company's relationship with the League and the level of trust the staff 34 had been able to build through working with the same people on the 4M 35 Fund, Piper Management might be a good possibility for managing the 36 settlement funds. 37 Manager Again Thanked for His "Seven and a Half Year Tour of Duty With 38 St. Anthony" 39 The Mayor offered the above expression of appreciation especially for 40 the humor Mr. Childs had always added to each of his reports during 41 Council meetings over the years which he said Councilmembers would miss 42 once he's gone. 43 NEW BUSINESS 12 1 Police Department to Use Savings From Managing Fitness Program In-House �2 to Purchase a Heavier Duty Treadmill 3 The above proposal had been made in Chief Hickerson's April 17th 4 memorandum where the Police Chief requested permission to use the 5 $1,200.00 budgeted for a fitness consultant, $300.00 saved from the 6 purchase of a radio, and $1,500.00 already budgeted for equipment to 7 purchase a Trotter Model 440 treadmill for aerobic exercises, which 8 would cost about $2,944.00., or $1 ,44.4.00 more than had been budgeted for 9 this equipment. 10 Mr. Childs indicated he agreed with the Chief's assumption that a 11 heavier duty treadmill was needed where so many persons were using the 12 same equipment and pointed out that only a budget transfer was actually 13 being requested. 14 Council Action 15 Motion by Enrooth, seconded by Marks to authorize the necessary budget 16 transfer to allow the Police Department to purchase a Trotter Model 440 17 `+treadmill from Tread Aerobics Industries for $2,9.44.00, as recommended 18 by Police Chief Don Hickerson. 19 Motion carried unanimously. 20 New Signage Approved for City Owned Businesses �1 Ray Nelson, Liquor Operations Manager, was present to answer questions 2 related to new signage proposed. for the Stonehouse, 2700 Highway 88, 23 about which the -Assistant to the City Manager had written on April 21st 24 memorandum in the agenda packet and reported the two bids which had been 25 received for the proposed signage. Ms. VanderHeyden had recommended the 26 low bid of $6,165.00 from Arrow Sign Company be accepted for the sign 27 package to include removing the canopy on the east side of the building; 28 moving it to the west side; and removing the existing Restaurant sign 29 from the front of the building. 30 Mr. Nelson clarified the documents in the agenda packet by telling the 31 Councilmembers that: 32 -He anticipated no problem selling the generic Restaurant sign 33 Mannings had purchased when they moved in. 34 -The 69 foot long, 4 foot deep, back-lit awning would be installed all 35 across the front of the building and would carry the words Stonehouse 36 above the entrance and Dining & Dancing on the left section and Bar 37 & Grill on the right. 38 -Egg crating would prevent the sign lighting from reflecting back into 39 the large window on that side. 13 1 -There would be no signage on the east side of the building except the 2 existing pylon on which the copy might be changed. The existing • 3 canopy sign on the front would be relocated above the west side entry 4 where diagonal parking for the SAV I liquor warehouse shouldn't 5 interfere with its visibility from Kenzie Terrace, St. Anthony 6 Boulevard, and Silver Lake Road. 7 •He thought a burgundy and ivory combination of colors would work well 8 in the awning and should blend well with the stone on the building. 9 Copy for the proposed sign changes on the pylon sign was then considered 10 with Councilmember Makowske suggesting several modifications in 11 lettering size and position to make the sign more effective. Mr. Childs 12 advised that there would be a similar canopy sign going up on at the 13 Apache Wells establishment for which he thought a deep green color might 14 be effective without altering the competition between the two City 15 operations. 16 In relation to the issues he perceived the Council needed to consider 17 with the Stonehouse signage, Mr. Childs .indicated: 18 a. Since it identifies a separate building, the SAV I sign should 19 require no formal action at all except approval of the color 20 combinations. 21 b. The new awning system represents less than 150 square feet of 22 sign surface which is allowed for one location. 23 C. The southern exposure of the relocated canopy can't be seen • 24 anyway and therefore could easily be eliminated, leaving only 25 the lettering for Stonehouse and Dining & Dancing to be 26 considered which, in light of the many recent precedents for 27 allowing more than one sign for locations which can be seen from 28 more than one street (Kenzie Terrace, St. Anthony Boulevard, and 29 Silver Lake Road in this case) , might be allowable. 30 d. The argument could also be made that because Mannings Restaurant 31 is a separate business within the City's establishment, that 32 business might deserve its own identification. 33 e. Only the copy would be changed on the "grandfathered in" pylon 34 sign. 35 ' The discussion of whether regular variance processes had to be followed 36 when it came to community owned buildings centered around the assumption 37 which had been reinforced with the licensing procedures, that the City 38 as a regulatory agency should not have to seek licenses or variances for 39 itself. The consensus was that of all the signage being considered, 40 only the existing canopy signage would require a variance -for any 41 private business seeking the same signage approval. 42 Council Action 14 1 Motion by Enrooth, seconded by Makowske to authorize the erection of •2 the proposed awning on the front of the Stonehouse liquor operation 3 facing Highway 88. 4 Motion carried unanimously. 5 Motion by Makowske, seconded by Enrooth to authorize the change in copy 6 proposed for the existing City's pylon sign on the Highway 88 side of 7 the Stonehouse. 8 Motion carried unanimously. 9 Motion by Marks, seconded by Enrooth to refer the plans for potential 10 signage on the relocated canopy to the Planning Commission for their 11 review for recommendation. 12 Motion carried unanimously. 13 Mr. Nelson was then requested to investigate signage improvement for 14 the apache SAV II liquor operation. 15 Councilmember Enrooth commented . that he was somewhat disturbed to see 16 the number of times when there were only five Commissioners present to 17 vote on issues on which he would have preferred to have gotten the 18 perspective of all seven Commissioners. 09 Police Department Enloyment Contract Approved by Council 20 Motion by Marks, seconded by Makowske to adopt Resolution, 89-009 which 21 approves the 1989 union contract with the City Police Department with 22 necessary modifications of language to bring the agreement up .to date. 23 RESOLUTION 89-009 24 A RESOLUTION RATIFYING THE 1989 AGREEMENT BETWEEN THE 25 CITY OF ST. ANTHONY AND AMERICAN FEDERATION OF STATE, 26 COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 14, LOCAL 57' 27 REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT EMPLOYEES 28 Notion carried unanimously. 29 St Anthony Given Hennepin County Award for Recycling Efforts 30 Ms. VanderHeyden indicated the plaque had been given to the City during 31 the annual recycling luncheon sponsored by Hennepin County, April 19th. 32 She said the City had been honored for recycling 13% of its wastes. 33 The- Assistant to the City Manager indicated the Minnesota Pollution 34 Control Agency and the City had not completed the final draft of the 35 . agreement concerning the permanent carbon filtration facility. • 15 i 1 ADJOURNMENT 2 Motion by Marks, seconded by Enrooth to adjourn the City Council meeting • 3 at 9:25 P.M. 4 Motion carried unanimously. 5 Respectfully submitted, 6 Helen Crowe, Secretary 7 8 Mayor 9 ATTEST: 10 City Clerk- 11 12 :cjk 16 •