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HomeMy WebLinkAboutCC MINUTES 03291988C= TY O F S T_ ANTHONY COUN C= L M= NU T E S MARCH 2 9, 1988 1 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led 2 by Mayor Sundland. 3 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 4 Also present: David Childs, City Manager 5 Larry Hamer, Public Works Director 6 MARCH 8, 1988 COUNCIL MINUTES 7 Motion by Ranallo, seconded by Enrooth to approve the above with the 8 following changes: 9 Page 3, line 32: Substitute "$3,242.00" for $32,242.00". 10 Page 4, line 3: Substitute "there" for "thee". 11 Page 4, line 28: Substitute "Hands" for "Court". 12 Page 5, line 18: Substitute "Read from a prepared text" for 13 everything beyond "fifth grader". 14 Page 5, line 42: Substitute "he" for "her". 15 Page 7, line 24: Substitute "issue" for "conflagration". 16 Page 7, line 9: Insert "tax" before "reform". 7 Page 7, line 11: Substitute "proper" for "property". _8 Page 7, line 28: Delete "When" at the beginning of line. 19 Page 8, line 3: Correct spelling of "Dorothy". 20 Page 17, line 4: Substitute "had" for "have" and "that" for 21 "this". 22 Page 17, line 8: Delete "when". 23 Page 17, line 10: Delete everything after "School Board". 24 Page 17, line 11: Delete "out" at beginning of line. 25 Page 13, line 28: Substitute "paid" for "been paying". 26 Motion carried unanimously. 27 LICENSES/PERMITS/PETITIONS 28 Motion by Marks, seconded by Ranallo, to grant the following licenses 29 as listed in the March 29, 1988 Council agenda packet: 30 Amusement Devices 31 St. Anthony Fun Center (30) 32 Apache Plaza Ltd. (34) 33 Slick's Alternative (2) 34 35 Service Station '6 Apache Mobil Service (renewal) Juke Box Slick's Alternative Rubbish Removal Woodlake Sanitary (renewal) 1 3 4 5 6 7 8 9 10 11 12 13 14 15 Contractors Campbell Construction, Coon Rapids Kraus -Anderson Construction Co., (renewal) Gibraltar Mausoleum Construction (renewal) Nedegaard Construction Co., Inc. (renewal) Jerald J. Boxeby Construction Co., Blaine Patio Enclosures (renewal) Reliable Builders, Inc., Roseville Central Roofing Co., Minneapolis Horizon Development (renewal) Heating Cigarettes Ward's Service Company J & S Auto Service (renewal) Clochie Coffee House (renewal) Red Owl Stores, Inc., Apache Motion carried unanimously. 16 Apache Restaurant Wine and 3.2 Beer Licenses Held Up 17 Mr. Childs reported that during the investigation the State requires 18 the City make before issuing an alcoholic beverage license, staff has 19 learned the restaurant owed back taxes to the State and that the County 20 Health Department had also requested the City hold up on the license. 11 Motion by Makowske, seconded by Marks to table action on the CUU Long 2 Restaurant license applications for further information from staff. 23 Motion carried unanimously. 24 Motion by Sundland, seconded by Enrooth to renew the 3.2 beer license 25 for the St. Anthony Lanes. 26 Voting on the motion: 27 Aye: Sundland, Enrooth, Ranallo, Makowske. 28 Nay: Marks. 29 Motion carried. 30 The information the Council had requested at the previous meeting 31 related to the fees Community Services charges for softball tournaments 32 was given by the City Manager. 33 Motion by Ranallo, seconded by Enrooth 34 7th and 8th to April 30th and May 1st 35 which a beer in the park permit had 36 Verkins, who had requested the change. 2 to approve date changes from May for the softball tournament for already been issued to Bob 1 Voting on the motion: 2 Aye: Ranallo, Enrooth, Sundland, Makowske. 3 Nay: Marks. 4 5 CLAIMS Motion carried. 6 Motion by Ranallo, seconded by Marks, to approve payment of all city 7 accounts payable listed for February 29th and March 7th and 29th in the 8 March 29, 1988 agenda packet. 9 Motion carried unanimously. 10 Motion by Marks, seconded by Ranallo to approve payment of $1,933.00 11 for 1988 Northern Mayors' Association dues in accordance with 12 Resolution 88-006 passed February 9, 1988. 13 Motion carried unanimously. 14 Motion by Marks, seconded by Ranallo to approve the following payments 15 to Rieke -Carroll -Muller Associates, Inc.: 16 $1,141.61 for the sanitary sewer study, 17 $600 for the analysis of the City's water use, 3 $1,453.18 for the storm sewer study, 19 $15,360 for engineering services relative to the St. Anthony 20 Boulevard MSA project and portions of the Kenzie Terrace pro - 21 ject, which are related. 22 Motion carried unanimously. 23 Motion by Makowske, seconded by Enrooth to approve payment of 24 $26,082.04 to the Metropolitan Waste Control Commission for March sewer 25 services. 26 27 28 29 Motion carried unanimously. REPORTS MARCH 15, 1988 PLANNING COMMISSION MINUTES - RON HANSEN Council Approves $25,222 CDBG Funding Activities 30 Before the above action was taken, Councilmember Ranallo indicated for 31 the record that Ramsey County had inquired why St. Anthony couldn't 32 allocate the CDBG funds it had coming this year towards correcting its 33 water contamination problems. He said he had told them both the Kenzie 34 Terrace pedestrian signal and sidewalk projects represented long - 6 standing commitments to the Kenzington residents. The Councilmember 3 1 also said he had indicated this year's $15,000 payment for the signal 2 would be the last of three payments for that project. Councilmember 3 Makowske added that the City perceived sidewalks along Kenzie Terrace 4 would provide for the safety and well being of the current and 5 potential senior residents in that area. 6 Motion by Marks, seconded by Ranallo to adopt Resolution 88-012 which 7 allocates St. Anthony's $25,222 Year XIV Community Development Block 8 Grant funds for the following planning activities recommended by the 9 Planning Commission: 10 Kenzie Terrace Pedestrian Signal Project $15,000 11 Kenzie Terrace Sidewalk Project $ 6,442 12 Senior Citizens Social Programs $ 3,780 13 RESOLUTION 88-012 14 A RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV 15 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT 16 BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL 17 Motion carried unanimously 18 Council Reiects Proposed TCF Bvpass Lane 19 Before any testimony was taken related to the Commission's inclusion 20 of the fifth lane in its recommendation for a conditional use permit 21 for TCF's expansion plans at their 3899 Silver Lake Road location, the 22 following statements were made: 23 Sundland indicated he was opposed to having the bypass, believing it 24 would not be productive. He agreed with the neighbors' expectations 25 that traffic problems would be created by channeling vehicles from fiv 26 lanes into one exit. The Mayor said he expected adding 11 more parkin 27 spaces on the site would do more to correct congestion than a fifth 28 lane of black top. 29 Enrooth suggested the fourth lane could be further expanded to 30 accommodate large emergency vehicles. He said he was prepared to 31 approve the additional two drive -up lanes, but would strongly oppose 32 adding a fifth lane of black top just to accommodate an increase in 33 business four or five days a month. He added that he perceived TCF 34 was getting a "good deal, even without the fifth lane". 35 Makowske indicated she thought "emergency bypass" was only an euphemis 36 for getting an extra lane for easier parking. She agreed that there 37 was a need for four drive -up lanes but said she would also oppose 38 putting any more black top on the site. 39 Marks said he would be interested in hearing what the bank had to say 40 about its future plans. 4 I Robert Galush, Assistant vice President and Facilities Manager for TCF Banking and Savings FA: 3 *said TCF had perceived their existing drive -up facilities were 4 not effective enough to take care of all the checking customers 5 the bank had added since the 1982 deregulation; 6 *reiterated the arguments TCF representatives had made during the 7 February 16th and March 15th hearing on those expansion plans 8 related to the need for a bypass lane to accommodate not only 9 emergency vehicles but to also give drivers who missed the drive 10 up lanes the first time or who changed their minds about using 11 that service after they had gotten into a lane the opportunity 12 for finding parking space on the site without going out on 39th 13 Avenue to turn around or park; 14 *reported TCF's other operations without a bypass lane hadn't 15 worked out as well as the ones like the Highland and Roseville 16 operations who had that extra lane; 17 *described the new teller equipment the bank would be installing 18 which would increase the efficiency of the tellers thereby elim- 19 inating stacking of cars in the bypass lane which could interfere 20 with vehicles making a second pass through the site. 21 Jeanne Keller, the Apache Bank Manager: *told Councilmembers free checking had brought in a lot more 23 customers since 1982 but she didn't think there would be need 24 for further expansion of the drive up system because the pro - 25 posed four lanes should take care of any increased demand from 26 now on. 27 Ranallo Recalls Tvpe of Operation Citv Had Originally Approved 28 The Councilmember said the neighbors had reluctantly gone along with 29 having a low traffic savings and loan operation in their neighborhood 30 never expecting it to turn into a full service bank with a lot more 31 traffic for their neighborhood. He said he had opposed giving TCF a 32 variance for a larger sign believing that wasn't fair to other 33 merchants with less signage at that time. Councilmember Ranallo 34 indicated he was a TCF shareholder who, of course, wanted to see the 35 bank do well, but, seeing the position of neighboring homeowners, 36 wouldn't want to see a full service bank next to his home either. He 37 said he was willing to have the drive up lanes increased to four but 38 would in no way vote for a fifth lane of concrete. 39 Sundland also recalled the neighbors had been forced to "swallow a 40 bitter pill" with the original proposed low level commercial use in 41 their neighborhood, perceiving that was their best option when compared 42 to some of the others like a strip shopping center the property owner 13 was threatening to put on this site. He said he had at first 1 considered preventing any right hand turns for drivers using 39th 2 Avenue as an exit, but the neighbors had convinced him that might pose 3 problems for some of them. However, he said he would only vote to 4 approve a conditional use permit for two additional drive -up lanes if 5 the bank put a stop sign at their 39th Avenue exit. The Mayor 6 reiterated a fifth lane would be unpalatable to him because no real 7 hardship had been shown to justify its inclusion in the expansion 8 plans. He added that as far as emergency vehicles went, they would 9 just have to drive on the grass to reach the bank building. 10 Mayor Sundland indicated he also recalled the bank had run into some 11 marginal soil on the south side of the building during construction an 12 he agreed with Mr. Galush that the southern portion of the bank's 13 property was still zoned for residential and not commercial use, 14 contrary to the sign their real estate company had erected indicating 15 the lot was "available for commercial development." 16 The bank official said he had that sign taken down a year ago. He tol 17 the neighbors that whatever the Council decided to do about the bypas 18 lane, TCF intended to "remain a good neighbor to residents who live 19 near our bank." Mr. Galush urged them to continue to let the TCF 20 management know whenever they are unhappy about something that's going 21 on at the bank "to keep them from becoming too complacent." 22 In spite of assurances that the bypass lane was not going to be 23 approved, several neighbors were allowed to reiterate their objections 24 to that part of TCF's proposal. 25 George Thompson, 3015 - 39th Avenue N.E., said: 26 *in the 18 years he had lived across from TCF, he had never seen 27 a good reason to have an emergency lane; 28 *reported another neighbor, Duane Stanley, who had spoken against 29 the proposal during the last Commission hearing, had called him 30 to say he would be unable to attend the meeting, but wanted 31 Mr. Thompson to let the Council know he still opposed the by - 32 lane; 33 *suggested the bank's west entrance had little usage and by 34 changing its location by putting an entrance on the south side o 35 the building, TCF might solve a lot of the traffic and parking 36 problems; 37 *reiterated that he would prefer having bank customers driving 38 back out on 39th Avenue to park rather than having to look at 39 another lane of black top on his side of the property or having 40 the bank attempt to replant those healthy maples on a berm. 41 Ruth Nelson, 3916 Macalaster Drive, indicated she had been one of the 42 neighbors who had originally been opposed to putting even a savings an 43 loan in that residential area and she didn't think "TCF should be R �. looking for any more business than it already has so close to the homes in that area." 3 Hansen Explains How Bvpass Lane Had Evolved 4 The Commission representative indicated the bypass lane had not been 5 part of TCF's original proposal and had only been added as one of the 6 recommendations from the firm retained to research better traffic flow 7 and parking patterns for the property in response to complaints from 8 neighbors at the February 16th Commission hearing about bank customers 9 driving back out on 39th Avenue to park when they were unable to use 10 the drive up facilities or park near the bank. 11 Council Action 12 Motion by Makowske, seconded by Enrooth to grant a conditional use 13 permit to TCF Banking and Savings FA to allow the proposed expansion 14 of their existing drive up facilities on the north side of the property 15 at 3899 Silver Lake Road from two to four lanes subject to: 16 1. TCF following through with all the landscaping shown on the 17 revised site plans presented at the Planning Commission's March 18 15, 1988 meeting by: 19 a. making every effort to save the existing maple trees on the 20 north side; '�. b. berming that area up by at least two feet; and l C. providing whatever additional landscaping is needed to buffer 23 the new facilities from the neighboring residential areas 24 north of TCF's property. 25 2. A stop sign being installed at the end of TCF's driveway exiting 26 on 39th Avenue N.E. 27 In granting the conditional use permit, the Council finds, as did the 28 Planning Commission, that: 29 1. TCF had responded in the affirmative to all three questions re - 30 lated to conditions which must be satisfied before a conditional 31 use permit can be authorized; and 32 2. Bank officials had addressed all major issues raised by the 33 neighbors during the February 16th public hearing on their request 34 and the traffic study the Commission requested at that hearing 35 appears to have produced a plan which should work well for this 36 site. 37 Motion carried unanimously. 38 Motion by Marks, seconded by Makowske to grant the necessary variance 39 to allow expansion of the existing canopy on the north side of the TCF '0 property at 3899 silver Lake Road to within 31 feet of the north 7 1 property line where the City ordinance requires a setback of 35 feet. 2 The Council finds, as did the Planning Commission, that: 3 1. TCF had responded in the affirmative to all three questions 4 related to conditions which must be satisfied before such a vari- 5 ance can be granted; 6 2. The traffic study of the site satisfactorily addressed all the 7 major issues raised by the neighbors at the February 16, 1988 8 public hearing as well as those raised during the Commission's 9 further discussions, March 15th and the Council's considerations, 10 March 29th. 11 Motion carried unanimously. 12 Massage Therapy Approved for Rehab Dynamics 13 Commissioner Hansen indicated the Commission had to a great extent 14 based their recommendation for the above on the excellent presentation 15 given by staff which addressed not only this request, but established 16 standards for all future massage therapy in the City. 17 David Nechas, 4540 Ranchview Lane, Plymouth, MN, Rehab Dynamics, Inc. 18 Partner and Vice President, was present to discuss his company's 19 application in the agenda packet. He reiterated that the services 20 his company offered had to be both federally and state approved before 11 they could be Medicare certified and that there had to be ongoing .2 medical procedures offered their clients to keep that certification. 23 Councilmember Enrooth indicated he thought as long as massage therapy 24 was administered in a medical building only from 8:30 A.M. to 5:00 25 P.M. from Monday through Friday, there was little chance of that 26 therapy evolving into anything less than a legitimate medical service. 27 Council Action 28 Motion by Ranallo, seconded by Marks to grant Rehab Dynamics, Inc. a 29 conditional use permit for its facilities located in Suite 220 of the 30 Apache Medical Center, 4001 Stinson Boulevard N.E., for the purposes 31 of providing a therapeutic massage service as part of its 32 rehabilitative occupational/physical therapy program subject to the 33 following conditions recommended by the Planning Commission. 34 1. The massage therapy being restricted to Medicare approved hours 35 of operation. 36 2. The permit would automatically revoked if there is any violation 37 of applicable City or state statutes related to criminal sexual 38 conduct by any person associated with the operation. 39 3. The massage therapy offered in this rehab center must comply with 40 the code of ethics and definition of massage therapy established 1*1 I by the American Massage Therapy Association which had been pro- vided by the applicants during the Commission's March 15th hear - 3 ing on the request. 4 Motion carried unanimousl 5 90 Dav Moratorium Imposed on Pvlon Shoppina Center Sianaae 6 Commissioner Hansen reported the above recommendation, saying the 7 Commissioners perceived they would need at least 60 days to complete 8 their study. 9 Commissioner Ranallo said he could see the necessity for declaring a 10 moratorium on any further signage while the Commission was working on a 11 clarification of what the term "shopping center" meant in the City Sign 12 Ordinance. 13 There was concurrence that the Commissioners would probably be able to 14 do a more thorough job if they were given 90 rather than just 60 days 15 to complete their study. 16 Council Action 17 Motion by Marks, seconded by Sundland 18 new applications for pylon shopping 19 the Commission can research and make "0 definition of "shopping center" as Zoning Ordinance. 22 23 NEW BUSINESS to declare a 90 day moratorium on center signage during which time a recommendation related to the it is used in the current City Motion carried unanimously. 24 Easement Vacation Approved at 2416 - 34th Avenue N.E. 25 This request had been moved up on the agenda so a decision would be 26 made while Commissioner Hansen and Commissioner Brownell, who had 27 accompanied him as an observer, were still present. 28 Included in the agenda packet had been a copy of the letter from Steve 29 Fuchs, owner of the property, requesting the City to vacate 5 feet of 30 the 15 foot utility easement the City had on his property so he could 31 add a third stall to his existing double garage. Also included was 32 the Public Works Director's March 23rd memorandum recommending Council 33 approval. 34 Mr. Hamer explained that there is a 30 foot wide easement for water and 35 sanitary sewer lines which runs over property lines from 34th and 36 Roosevelt to Roosevelt Court. Therefore, his department should have no 37 problem servicing the sewer lines from the 25 feet which remain after 38 the 5 foot vacation. Because the sanitary sewer line is 7 feet deep, 19 chances of a blow out would be minimal, according to the Public Works z 1 Director. He also indicated Mr. Fuchs was willing to sign an 2 agreement to pay any legal expenses associated with the change and not 3 to hold the City responsible for any damage to his property which 4 might occur with a major failure of either water or sanitary sewer 5 lines lying within this easement. 6 During the discussion of the $200 Mr. Fuchs would be charged to cover 7 legal costs, Councilmember Enrooth commented that he thought the 8 applicant was getting a bargain considering what it would cost the City 9 to have the City Attorney review the documents and to publish the 10 necessary notices before a vacation can be allowed. Mr. Fuchs stated 11 the reason he had wanted to be there that evening in person was to 12 reinforce his willingness to comply with all conditions the City set 13 for vacation so he could get started on the garage addition as soon as 14 possible. The applicant reported checking with the County Assessor 15 regarding the raise in property taxes he could expect from the 16 addition. He said he had concluded from this conversation that the 17 City would also gain quite a bit of taxes from the addition. 18 Council Action 19 Motion by Marks, seconded by Enrooth to authorize staff to proceed with 20 the proposed vacation of five feet of the 15 foot utility easement 21 the City has on the property at 2416 - 34th Avenue N.E. which would 22 allow the owner, Steve Fuchs, to construct the proposed third stall to 23 his existing garage on that side of his property. 4 25 COUNCIL REPORTS Motion carried unanimously. 26 Sundland acknowledged the presence of John Wepke, who was filling in 27 for Larry Jones the Bulletin news writer. 28 Early Childhood Week Proclaimed 29 The Mayor had distributed copies of his proclamation declaring the week 30 of April 10-16 as the Week of the Young Child, which he had issued in 31 cooperation with a similar proclamation by School District #282. 32 Makowske reported she had received a call from a resident who inquired 33 whether the City would be replacing sod damaged by snow plowing. 34 Enrooth and Ranallo indicated they had received calls and had 35 conversations with residents who complained about higher than usual 36 raises in their property valuations this year. 37 Mr. Childs suggested he might be able to save those residents a trip to 38 the April 12th Board of Review by getting explanations of those raises 39 from the County Assessors office for them in advance of that meeting. 40 The Council accepted his suggestion after briefly discussing the 10 I factors like sales of like properties which the assessors use to establish valuations but which most taxpayers find hard to comprehend. 3 Stonehouse Open House Turnout Gratifying 4 Councilmembers who had been able to attend the above function the 5 previous Saturday, reported how pleased they had been to see the 6 parking lots overflowing all afternoon and to have residents tell them 7 how pleased they were with the improvements and addition of food in 8 the establishment. 9 Late Evenina Canvassina Discussed 10 Ranallo reported receiving a complaint from a widow who had called the 11 City police because a man who was door knocking at 8:30 P.M. persisted 12 in ringing her doorbell when she didn't answer the bell. Mr. Childs 13 indicated he didn't think the City ordinance specified a time for 14 canvassing. He said he would talk to the City Attorney when he got 15 back to town and would be willing to research how other municipalities 16 deal with the issue "although St. Anthony's ordinances were usually 17 more stringent." 18 Marks said he thought this only involved a poor judgement call by one 19 person because most canvassers know it's not advisable to door knock 20 after dark. '1 Marks Recommends Tour of League of Cities National Headquarters 22 The Councilmember indicated he had visited the above while in 23 Washington and had been given a real welcome from the National League 24 of Cities personnel who were in the building. 25 St. Anthony Well Represented at High School Basketball Tournament 26 Councilmember Ranallo noted two of Planning Commissioner Franzese's 27 sons had played for St. Thomas Academy and Councilmember Makowske said 28 one resident had been on the first place De La Salle team. 29 DEPARTMENTS AND COMMITTEES 30 After brief discussions, the following reports were ordered filed: 31 *Hance & LeVahn Ltd. report on criminal matters they had handled 32 at the Hennepin County District Court session March 2nd; 33 *December and January Financial reports. 34 Engineers Reports on Storm and Sanitary Sewer Systems Due the Middle of 35 Aril 36 Mr. Hamer indicated he had the preliminary reports in his office and 17 invited Councilmembers to feel free to drop in to discuss the 11 1 recommendations with him before Rieke -Carroll -Muller Associates give their formal Council presentation sometime around the middle of April. CITY MANAGER REPORTS 4 Council Invited to Participate in Apache Recycling Demonstration, 5 April 17th 6 Mayor Sundland and Councilmember Marks indicated they thought they 7 could be present and the other three Councilmembers were requested to 8 let the City Manager know if they would be able to attend the April 9 17th dedication a Hennepin County Recycling display with Commissioner 10 Sivanich. Mr. Childs thought it might also be beneficial to include 11 the members of the Recycling Task Force at this meeting. Councilmember 12 Enrooth reaffirmed willingness to serve as the Council's liaison. Mr. 13 Childs reported receiving calls from Paul Norr, 2832 Coolidge Street, 14 and Martin Lunde who lives on 33rd Avenue. Councilmember Ranallo 15 indicated Bill Zawislak, 2500 -35th Avenue N.E. would be his appointee 16 and the Mayor stated that Keith Pearson, 3501 Belden Drive would 17 probably be one of his appointees. Mr. Hamer said he was prepared to 18 work with the Task Force and had been clipping articles from newspapers 19 which they might find helpful in their recycling research. He also 20 offered to set up a tour of the Newport facility to see the regional 21 waste -to -energy center there. 22 Mr. Childs indicated he intended to tie in the "Keep America Beautiful �3 Day", April 30th, with St. Anthony's observance of "Cities Week", May 4 1-5 in the April Newsletter. Chief Hickerson's vacation in the 25 Indonesian Islands was discussed briefly before the staff report was 26 ordered filed. 27 NEW BUSINESS 28 Employee Mileage Rates Raised to Federal Levels 29 Motion by Ranallo, seconded by Enrooth, to adopt the resolution which 30 would increase the above rates by 2-1/2 cents as recommended by Finance 31 Director, Carol Johnson. 32 33 34 35 36 37 38 39 t0 RESOLUTION 88-011 A RESOLUTION INCREASING THE RATE OF REIMBURS FOR THE USE OF AN EMPLOYEE'S VEHICLE FOR OFFICIAL CITY BUSINESS Instructed 1 Motion carried unanimously. ter In his March 16th memorandum, Mr. Hamer had recommended water Products be awarded the bid because they were the overall lowest bidder. He 12 I said he was doing further research on the Goodin meter, which didn't seem to meet the City specifications, but assured the Councilmembers 3 that his department was buying a lot of other supplies from that local 4 company. Councilmember Marks noted that Water Products had been the 5 only firm who had completed their quotes. 6 Council Action 7 Motion by Marks, seconded by Enrooth to accept the bid and award the 8 contract for 1988 water supplies to the firm who the Public Works 9 Director perceives submitted the lowest overall bid. 10 Motion carried unanimously. 11 UNFINISHED BUSINESS 12 St Anthony Boulevard/Kenzie Terrace Projects Bids to be Taken 13 Copies of the resolution approving the plans and authorizing the 14 advertisement for bids for the above project had been distributed prior 15 to the meeting and various aspects of the plans were discussed with Mr. 16 Hamer before the following action was taken. 17 Council Action 18 Motion by Marks, seconded by Makowske to adopt Resolution 88-013. _9 RESOLUTION 88-013 20 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS 21 AND ORDERING ADVERTISEMENT FOR BIDS 22 Motion carried unanimously. 23 Ci 24 Ac in 25 The above amendment had been attached to Mr. Soth's March 2nd letter in 26 the agenda packet and was the basis of the following motion: 27 Council Action 28 Motion by Marks, seconded by Enrooth to approve the amendment of the 29 Firefighters Relief Association bylaws as recommended by the City 30 Attorney. 31 Motion carried unanimously. 32 Makowske Has Second Thoughts About Dairy Queen Decision 33 The Councilmember said although she had voted with the majority to 14 exclude the pylon sign for the Dairy Queen, she was now reconsidering 13 1 that decision somewhat, perceiving it might have been a "knee jerk" 2 reaction to what had happened related to the Mickey D's and other 3 recent signage problems in the same area. She said she just wanted the 4 other Councilmembers to know she might be ready to change her vote on 5 the issue whenever she could legally do so. Councilmember Makowske 6 indicated her change of mind was predicated on the fact that Dairy 7 Queen had been such an asset to that shopping center over the many 8 years they had been in business there. She also thought the Council 9 should probably have given more weight to the fact that this business 10 was somewhat unique in that it was located with traffic flows from at 11 least three different directions. 12 Enrooth said he was pretty certain the issue would be raised again if 13 the store owner didn't respond to citations to take the sign down. He 14 told Councilmember Makowske he would be very surprised if the City 15 didn't get some reverse reaction like a lawsuit to that citation, 16 which might force the Council to take another look at their first 17 decision. 18 Ranallo reiterated his concerns that if the City backed down on this 19 signage, it would be almost impossible to get conformity with the City 20 sign ordinance from now on. 21 In a related matter, Mr. Childs reported the Planning Commission would 22 be considering at their next meeting an application from the 23 Eberhardt Company to put up a 16 foot by 11 foot sign on the outside '4 wall of the vacated Brown Photo store, which would list all the _5 businesses in the shopping center. He also pointed out that Mickey D's 26 is already out of business so the Council may again be forced to deal 27 with signage for that business also. 28 ADJOURNMENT 29 Motion by Marks, seconded by Enrooth to adjourn the meeting at 9:30 30 P.M. 31 Motion carried unanimously. 32 Respectfully submitted, 33 Helen Crowe, Secretary 34 35 I 36 ATTEST: -4/ 37 City Clerk 14