HomeMy WebLinkAboutCC PACKET 02241988 Meeting Sheet
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BOX: 18
Folder: CC PACKETS 1987-1989
Document: CC PACKET 02241988
H.R.A. IMMEDIATELY FOLLOWING
l= RGULAR COUNCIL MEETING.
C 31 TY CD F S T _ ANTHONY
C CDUN C 2 L AGENDA
F E BRUARY 24 , 3- 988
7 _ 30 P _ M _
A. Call to Order/Pledge of Allegiance.
B. Roll Call.
C. Approval of February 9 , 1988 Council Minutes.
D. Licenses/Permits/Petitions.
E. Presentation of Claims.
1. Verified.
2. Metropolitan Waste Control Commission - $26,082.04.
3 . Rieke-Carroll-Muller Associates, Inc. - $1,127 . 09
(for sanitary sewer study) .
4. Rieke-Carroll-Muller Associates, Inc. - $3 ,621 . 04
- (for storm sewer study) .
5. Rieke-Carroll-Muller Associates , Inc. $3 ,840 . 00
( for St. Anthony Boulevard work) .
• F. . Reports.
1 . Planning Commission Minutes - February 16 , 1988.
a. Apache Squares Shopping Center Signage.
b. Dairy Queen Sign Variance.
C. Rezoning Request for 3657 Silver Lake Road.
2. Council.
3. Departments and Committees.
a. Hance & LeVahn, Ltd. , re: Matters conducted at the
Hennepin County District Court on February 3 ,
1988.
4. City Manager.
a. Staff Meeting Notes - February 22, 1988.
b. Recycling.
G. Public Hearings.
H. New Business.
1 . Change Order #5 , St. Anthony Village Liquor Recon-
struction.
2 . Resolution 88-009 , re: Replacement of the Foss Road
Lift Station.
3 . Resolution 88-010, re: Office Space Lease with Phil
LaMere, 2800 Kenzie Terrace.
4 . Results of Community Survey - Decision Resources, Ltd.
I. Unfinished Business.
1. Ordinance 1988-003 , re: increase in water rates ( 2nd
reading) .
J. Adjournment.
C X TY OF S T _ ANTHONY
C OUN C 2 L M 2 NUTS S
FEBRUARY 9 , 3- 988
7 : 30 P _ M _
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: Ranallo, Sundland, Makowske, Marks , and
4 Enrooth.
5 Also present: David Childs, City. Manager
6 Ray Nelson, Liquor Operations Manager
7 Don Hickerson, Police Chief
8 James Krautkremer, Brooklyn Park Mayor
9 Joseph Strauss, Executive Director of the
10 Northern Mayor ' s Association
11 JANUARY 26 , 1988 COUNCIL MINUTES
12 Motion by Marks, seconded by Ranallo to approve with the following
13 changes:
14 Page 4 , line 34: Change "have" to "has" .
5 Page 5 , line 4 : Change "were" to "was" .
16 Motion carried unanimously.
17 LICENSES/PERMITS/PETITIONS
18 Motion by Marks, seconded by Ranallo to grant licenses to the follow-
19 ing as listed in the February 9th Council agenda packet:
20 Service Station
21 Dave' s St. Anthony Mobil
22 Murphy' s Service Center
23 Cigarettes
24 Town and Country Foods
25 Contractors
26 Milton L. Johnson, Minneapolis
27 Rite Way Waterproofing, Lino Lakes
28 Lawrence Signs, Inc. , St. Paul
�9 Rubbish Removal
30 Gallagher ' s Service
1 Heating
2 EAH Schmidt & Associates
3 Laundry Vending
4 Manor Wash ' n' Dry
5 St. Anthony Self Service Laundry
6 Motion carried unanimously.
7 CLAIMS
8 Motion by Marks , seconded Enrooth to approve payment of $21 ,612.00 to
9 Fullerton Lumber Co. for work on the Stonehouse reconstruction
10 project. The City Manager explained the contract price, will be
11 reduced by $5 ,000 as a result of pending change orders but this draw
12 does not pay the entire cost of the construction as there is still
13 work remaining to be done by the contractor.
14 Motion carried unanimously.
15 Motion by Enrooth, seconded by Marks to approve payment of $1 , 561. 26
16 to Bruce A. Liesch Associates for their services regarding the
17 T.C.A.A.P. litigation.
18 Motion carried unanimously.
19 Motion by Makowske, seconded by Marks to approve payment of $2 ,852. 90
20 to Briggs and Morgan for professional services regarding the City' s
21 lawsuit against the U.S. Army et al related to St. .Anthony' s water
22 contamination.
23 Motion carried unanimously.
24 Motion by Marks, seconded by Enrooth to approve payment to Hance and
25 LeVahn for legal services rendered for the month of February, 1988 ,
26 relative to St. Anthony prosecutions.
27 Motion carried unanimously.
28 Motion by Ranallo, seconded by Enrooth to approve payment of $619 . 80
29 to Dorsey & Whitney for legal services for the month of December,
30 1987 .
31 Motion carried unanimously.
32 Motion by Marks , seconded by Sundland to approve payment of $1 , 510. 35
33 to Short-Elliott-Hendrickson, Inc. relating to the City' s 1987 MSA
34 account.
35 Motion carried unanimously.
2
� 1 Motion by Marks, seconded by Makowske to approve payment of $9 , 000.00
2 to School District #282 for the City' s rental of the ParkView facilit-
3 ies for January, February, and March, 1988 .
4 Motion carried unanimously.
5 REPORTS
6 COUNCIL
7 Councilmember Makowske presented a Councilmember' s perspective and New
8 Brighton' s Mayor Beneke gave a Mayor ' s perspective of their respective
9 government positions to newly elected officials at a recent Ramsey
10 County League of Local Government meeting.
11 Councilmember Makowske discussed steps which could be taken by St.
12 Anthony regarding pornography on cable television. The problem was
13 stressed in a letter she had received from Clean Up Project.
14 Councilmember Marks agreed, saying he read an excellent article in a
15 Bulletin editorial regarding this problem. He also said he felt the
-16 City' s cable representative should attend a. Council meeting soon to
17 discuss this and other cable television issues. Councilmember Ranallo
18 added that the Knights of Columbus are sponsors for the Clean Up
19 Project and he, too, feels something should be done about pornography
20 on cable television.
411 Council Action
22 Motion by Makowske, seconded by Marks that the City' s Cable Commission
23 representative be instructed to request a legal opinion from the North
24 Suburban Cable Commission' s attorney as to our ability to control
25 sexually explicit movies currently being offered on a pay-per-view
26 basis.
27 Motion carried unanimously.
28 Councilmember Enrooth recently attended a meeting on hazardous
29 materials as a member of the Local Emergency Planning Committee, which
30 is a state commission.
31 Mayor Sundland thanked Mayor Pro Tem Ranallo for standing in for him
32 at a recent ribbon cutting ceremony.
33 The Mayor also read a letter from the Volunteers of America, which is
34 a very active human services organization, requesting a proclamation
35 naming March 6-13 , 1988 as Volunteers of American Week in the Village.
36 Council Action
37 Motion by Marks, seconded by Enrooth proclaiming March 6-13 , 1988 as
�8 Volunteers of America Week in St. Anthony Village.
3
1 Motion carried unanimously.
x
2 Congressman Sikorski Representative to Hold Meeting at Chandler Place
3
4 Each of the Councilmembers had received a letter from Congressman
5 Gerry Sikorski. The letter invited them to a meeting with a member of
6. his staff on February 17th at Chandler Place to discuss issues and
7 problems of his constituency. The Councilmembers agreed that the
8 meeting should be attended to discuss the water contamination problems
9 in St. Anthony.
10 Councilmember Ranallo attended a League of Minnesota Cities meeting in
11 Grand Rapids regarding the Gopher One Call; and a LMC seminar in
12 Brooklyn Center. The Councilmember also mentioned the Salvation Army
13 has opened a large store in Apache Plaza.
14 Councilmember Marks has just completed his jury duties which lasted
15 four weeks. The case was a civil lawsuit regarding a product. He
16 indicated it was "quite an experience" .
17 Because Mayor Jim Krautkremer and Joseph Strauss were present to
18 discuss the Northern Mayors ' Association, that portion of UNFINISHED
19 BUSINESS was moved up on the agenda.
20 Northern Mayors ' Association Representatives Outline Goals and
21 Objectives for Organization
22 Mayor Sundland introduced Brooklyn Park Mayor Krautkremer. The_ latter
23 was the major force in organizing the association of which there are
24 21 communities.
25 Mayor Krautkremer spoke about the .need for the northern suburbs to
26 band together to improve the area' s economic development and transpor-
27 tation needs. He gave examples of some of the needs and agreed that
28 while not every member community would benefit to the same degree,
29 each would benefit in one way or another.
30 Mayor Krautkremer introduced the Executive Director of the organiza-
31 tion, Joseph Strauss. Mr. Strauss described his background and went
32 into additional detail of what the organization' s goals are. Mr.
33 Strauss gave statistics to support the need for such an organization
34 and indicated a "focus" for the northern area must be established.
35 Mayor Sundland said the organization is becoming well known, citing ,.
36 their hand in some of the transportation needs.
37 Councilmember Marks was concerned about "regional interest" . He does
38 not want to become "fractionated" with an organization such as this.
39 Mayor Krautkremer agreed and emphasized the Northern Mayors ' Associa-
40 tion was organized to establish a positive force in our area - not
41 against other areas.
4
,J
•1 Mr. Strauss noted that not all development is necessarily good. He
2 mentioned an emphasis on light rail transit as an example of a
3 positive force. Mr. Strauss stressed that most of these things take
4 time to accomplish, and can be accomplished with community coopera-
5 tion.
6 Councilmember Enrooth wanted to know if Mr. Strauss was working at _
7 the Executive Director job full time. Mr. Strauss indicated he was
8 not and that his commitment is about half-time. Mayor Krautkremer
9 stressed the need for a strong start and/or base for the organization
10 to be successful in the long run.
11 Councilmember Ranallo was concerned about the need to belong to
12 another organization to pay dues to. Mr. Strauss will, in a short
13 time, begin fund raising in the private industry, utility,
14 organization sectors (besides community funding) .
15 The Brooklyn Park Mayor and Executive Director of the Northern Mayors '
16 Association were thanked for their presentation and left the meeting
17 about 8: 30 P.M. The regular meeting agenda continued.
18 DEPARTMENT AND COMMITTEE REPORTS
9 The January, 1988 Fire Department Report and the Liquor 'Operations
0 January monthly report were ordered filed.
21 Plans for Grand Opening/Open House at Stonehouse Liquor Operations
22 Discussed
23 Liquor Operations Manager Ray Nelson was present ( 1 ) to discuss plans
24 for the open house and grand opening plans for the Stonehouse On and
25 Off Sale operations; and ( 2) because he will not be able to attend the
26 annual goal setting retreat the end of February.
27 Mr. Nelson discussed his preference for two separate openings - an
28 "open house" for the Stonehouse operation and a "grand opening" for
29 the bottle shop.
30 Plans for the open house include invitations, extensive local adver-
31 tising, i .e. , local newspapers , cable T.V. , and possibly the Newslet-
32 ter. Mr. Nelson suggested having hors d' oeuvre, champagne, and. gifts
33 for the guests. His idea is to hold this "open house" for about four
34 hours probably on a Saturday.
35 The "grand opening" for the bottle shop could be a weekend affair, and
36 also extensively advertised. Mr. Nelson suggested the open house
37 could be held in March and the grand opening possibly in April.
38 Business at the Stonehouse bar had decreased in 1986 and 1987 . In
�9 September of 1987 , with the remodeling of the bar lounge, and the
5
1 addition of dancing and restaurant business began to increase and has
2 been doing so steadily since then. Councilmember Ranallo inquired
3 about the parking situation at the off-sale and was told by Mr.
4 Nelson that it may be a problem but assured the Councilmember that a
5 solution will be worked out. Mr. Nelson proceeded to describe some of
6 the possibilities.
7 Mr. Nelson expressed the need for Council' s input regarding to the
8 Apache bar and lounge which has been losing business since the bottle
9 shop was moved out. Because he cannot be 'at the goal setting retreat,
10 Mr. Nelson suggested the Council and he set up a work session to
11 discuss his goals and their suggestions for 1988 . This action was
12 agreed upon by the Councilmembers. Mr. Nelson left the meeting at
13 9 : 00 P.M.
14 Changes In Weapons Ordinance Approved
15 The third readings and adoption of the two Ordinances, 1988-001 and
16 1988-002 , listed under UNFINISHED BUSINESS on the agenda, were
17 considered next.
18 Chief Hickerson had suggested the City Attorney make some changes to
19 the weapons ordinance, 1988-001. The City Attorney agreed to the
20 changes and the City Manager distributed the copies indicating the
21 changes. In addition, Chief Hickerson suggested the word "unloaded"
22 be added in Subd. 3 before "firearm in the closed trunk of" . The
23 changes were all agreed upon by the Councilmembers. •
24 Council Action
25 Motion by Marks, seconded by Makowske to approve the third reading and
26 adopt the corrected version of Ordinance 1988-001.
27 ORDINANCE 1988-001
28 AN ORDINANCE RELATING TO WEAPONS, AMENDING
29 SECTION 925 OF THE 1973 ST. ANTHONY CODE OF ORDINANCES
30 IN ITS ENTIRETY; REPEALING SUBDIVISIONS 3 AND 4 OF
31 SECTION 930 OF THE 1973 ST. ANTHONY CODE OF ORDINANCES
32 Motion carried unanimously.
33 Motion by Sundland, seconded by Marks to approve the third reading and
34 adopt Ordinance 1988-002 .
35 ORDINANCE 1988-002
36 AN ORDINANCE RELATING TO THE
37 REGULATION OF CONTROLLED SUBSTANCES;
38 AMENDING THE 1973 CODE OF ORDINANCES
39 TO ADD A SECTION
40 Motion carried unanimously. •
6
�1 Mayor Sundland thanked the Police Chief for the Police Reserves report
2 which the Councilmembers had received prior to the meeting. The
3 Police Chief then left the meeting.
4 CITY MANAGER
5 The February 2nd Staff Meeting Notes were noted and ordered filed.
6 Fire Relief Association BY-Law Changes Tabled
7 The Fire Relief Association had requested some changes in their By-
8 Laws. It was originally thought this could be done at this meeting,.
9 but after consulting with City Attorney Soth, it was determined
10 Council action should be tabled until Mr. Soth reviewed the changes.
11 Council Action
12 Motion by Sundland, seconded by Enrooth to table action on the changes
13 requested by the Fire Relief Association to their By-Laws until review
14 by the City Attorney.
15 Motion carried unanimously.
16 Council Meeting Date Changed
07 Because several :-Councilmembers and the City Manager will be out of
18 town on March 22nd, it was suggested to delay it a week.
19 Council Action
20 Motion by ' Makowske, seconded by Enrooth to reschedule the Council' s
21 regular meeting for Tuesday, March 29 , 1988 , at 7 : 30 P.M.
22 Motion carried unanimously.
23 Purchase of New 33 ,000 G.V.W. Dump Truck Approved
24 Hennepin County had taken and awarded bids for 33 ,000 G.V.W. dump
25 trucks and awarded the bid to Lakeland Ford for $41 ,723 . 25. The
26 underbody plow, wing plow, and straight plow, will be purchased
27 separately. $57 , 000 had been budgeted and with the additional cost of
28 the plow and attachments appears the cost will ' come to about that
29 amount.
30 Council Action
31 Motion by Ranallo, seconded by Makowske to purchase a 33 ,000 G.V.W.
32 dump truck from Lakeland Ford for $41 ,723 . 25 , as recommended in the
33 Public Works Director ' s February 2 , 1988 memo.
•34 Motion carried unanimously.
7
1 Purchase of Minolta EP 570Z Copier Approved
2 After in-house testing five different brands of copiers, staff
3 recommended the purchase of a new Minolta EP 570Z copier as proposed
4 by Copy Duplicating Products for $8 ,103 . 00. The 1988 budget for a
5 copier replacement was $7 , 000. Mr. Childs stated that $1 , 500 of the
6 total cost will come from the liquor operations budget for their use
7 of the machine.
8 Council Action
9 Motion by Ranallo, seconded by Enrooth to purchase a Minolta EP 570
10 copier from Copy Duplicating Products for $8,103 . 00 , with no more than
11 $7 ,000 coming from the Capital Equipment Fund.
12 Motion carried unanimously.
13 Water/Sewer Rates to Be Increased
14 The City Manager introduced two proposed Ordinances, 1988-003 and
15 1988-004, which would increase water and sewer rates. Mr. Childs
16 reiterated what was written in his February 5 , 1988 memo that to stay
17 even water rates must be increased to at least $ . 75 per hundred cubic
18 feet. He stated that even at that rate, transfers would be needed due
19 to the water contamination litigation costs- (which would be repaid if
20 and when the lawsuit against the Army is settled) . Mr. Childs also
21 noted that hiqher rates ( such as 80 or 90 cents) seemed to be in
22 communities which are established and lower rates ( such as 30 to 40
23 cents )- are charged in newer, fast growing communities of those which
24 indirectly subsidize these operations through the General Fund.
25 Councilmembers Makowske and Ranallo felt the increase should be more,
26 to either 80 or 85 cents, due to the litigation costs and the costs of
27 water bought from Roseville. Councilmember Marks agreed with this
28 assessment, but Councilmember Enrooth felt that because the sewer
29 rate is proposed to be increased also, perhaps that raise would be too
30 much at one time.
31 Mr. Childs said the increase at 80 cents would mean about $3 . 00 on a
32 minimum utility bill but did not have figures for an average bill.
.33 The Council' s consensus was that the Ordinance should be changed from
34 a 75 cent increase to a 80 cent increase and the minimum bill would be
35 changed from $7 . 50 to $8. 00 per quarter.
36 Council Action
37 Motion by Marks , seconded by Ranallo to .approve the first reading of
38 Ordinance 1988-003 with charges to be $ . 80 per hundred cubic feet and
39 a minimum charge of $8. 00 per quarter.
40
•
8
1 ORDINANCE 1988-003
•2 AN ORDINANCE RELATING TO WATER RATES; AMENDING
3 SUBDS. 2 AND 3 OF SECTION 550 : 00 OF THE 1973
4 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY
5 Voting on the motion:
6 Aye: Ranallo, Marks, Makowske , Sundland.
7 Nay: Enrooth.
8 Motion carried.
9 Ordinance 1988-004 , relating to sewer rate increases, was discussed at
10 length. An automatic increase of about 12 cents per ccf occurred as
11 of January . 1, 1988, because of the charges from the Metropolitan Waste
12 Control Commission. The additional 10 cent increase would be needed
13 due to the repairs which need to be made to the Foss Road Lift Station
14 and the increase could be put off until this summer when the work on
15 the lift station begins. Councilmembers Enrooth and Marks suggested
16 that the Council "wait and see" just how much of an increase would be
17 needed for the lift station repairs before incurring the increase.
18 Therefore, there was no Council action on Ordinance 1988-004 to
19 increase the sewer rates.
20 Benefits of Northern Mayors ' Association Membership Discussed
0, Enrooth sees limited benefit for St. Anthony.
22 Makowske thinks the only gain would be that it would be a good
23 investment because there would be continued good valu-
24 ation on St. Anthony homes .
25 Sundland asked if there would be an impact;
26 wondered what would happen if we didn' t approve of a
27 development and we were not a member;
28 believes St. Anthony would benefit as a member of the
29 Association.
30 Ranallo agreed northern area is short-changed;
31 other types of funding (other than community) should be
32 looked at;
33 if City does join organization, someone should stay active
34 as a member.
35 Marks feels transportation will be St. Anthony' s greatest benefit.
• 9
1 The Councilmembers all agreed that choosing Mr. Strauss as Executive •
2 Director was an excellent choice.
3 Council Action
4 Motion by Ranallo, seconded by Enrooth to approve the resolution
5 supporting an increased funding for the Northern Mayors ' Association
6 and that the projected ,dues for the City of St. Anthony for 1988 are
7 $1 ,933 .00.
8 Motion carried unanimously.
9 ADJOURNMENT
10 Motion by Marks, seconded by Enrooth to adjourn the meeting at 9: 25
11 P.M. for the Housing and Redevelopment Authority meeting which
12 followed at 9: 30 P.M.
13 Motion carried unanimously.
14 Respectfully submitted,
15 Connie Kroeplin, Acting Council Secretary
16 :cjk
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10
. ai n ,,, on ills
D ATE : A P PR OVA = aS
February 18, 1988
Mayor and Councilmembers
FROM : Vr
Lila Johnson License/Billing clerk
I T EM : LICENSES FOR COUNCIL APPROVAL
OFF-SALE HEATING LICENSE
Country Club Market Market Mechanical
Speedy Market #7
ON-SALE
Minneapolis Bowl-O-Mat
CIGARETTE
Mico Oil Company, Inc.
Get It For Less, Inc.
SERVICE STATION
Mico Oil Co. , Inc.
Speedy Market #7
St. Anthony Standard, Inc.
Dave's Apache Auto Wash
RUBBISH REMOVAL
Waste Management
Twin City Sanitation
Keith Krupenney & Son Disposal
CONTRACTORS` LICENSE *all licenses are- renewals- except for Market
Mechanical (Heating)
American Remodeling, Inc.
Twin City Exteriors Co. , Inc.
Suburban Lighting, Inc.
:cjk2.24.88
q y 17
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C I T Y O F S T A N T H O N Y P
P/E 12/31/87 A C C 0 U N T S P A Y A 8 L E PAGE 1
• VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
00630 DAVID CHILDS M 12/31/87 01308 7.00
02040 LILLIE SUBURBAN NEWSPAPER M 12/31 /87 01309 28.33
00630 DAVID CHILDS M . 12/31/87 01311 20.75
02820 PETTY CASH M 12/31/87 01312 99160.00
00820 DORSEY + WHITNEY M 12/31/87 01313 500.40
00820 DORSEY + WHITNEY M 12/31/87 01315 1 ,588.85
05058 DEVELOPMENT ADVISORY SERV M 12/31/87 01316 4,449.89
05059 DONALD A HENNESSY CRA M 12/31/87 01317 - 850.00
05070 STUART BONNIWELL M 71/23/18 12318 3,070.00
03160 ST ANTHONY NATIONAL BANK M 12/31/87 13838 359000.00
06752 RIEKE-CARROLL-HULLER ASSO M 12/31/67 14460 4'000.00
02500 NATIONAL LEAGUE OF CITIES M 12/31/87 14461 556.00
06751 BRIGGS C MORGAN M 12/31/87 14462 29847.39
02240 METRO WASTE CONTROL M - 12/31/87 14463 519.75
02820 PETTY CASH M 12131/87 14464 42.92
05060 KIMBERLY BRAZIL M 12/31/87 14465 24.00
06744 CABLE TV NORTH CENTRAL M 12131/87 14468 47.95
01241 GRACE, DUANE M 12/31/87 14469 330.00
00860 ENGSTROM, RICHARD M 12/31/87 - 14470 36.54
05061 A C M M 12%31/87 14471 498.00
02940 - POSTMASTER M 12/31/87 14472 50.00
05062 HANDBOOK FOR MN CITIES M 12/31/87 14473 80.00
• 00820 DORSEY +- WHITNEY M 12/31/87 14474 647.50
05063 NORTHERN. MAYCRS ASSOC M 12/31/87 14475 167.00
06795 BRUCE A LIESCH ASSOC INC M 12/31/87 14476 990.94
01390 EDWARD J HANCE M 12/31/87 14478 29200.00
00630 DAVID CHILDS M 12/31/87 14479 749.10
05075 JIM LORBESKI M 12/31/87 14480 30.00
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14481 59453.17
00700 COMM OF' REVENUE OF MN M 12131/87 14482 29753.43
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14483 41.16
00110 AMERICAN BANKERS INSR CO M 12/31/87 14484 69.60
02330 MINNESOTA BENEFIT M -12131/87 14485 161.68
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14486 2 ,213.04
00825 DENTICARE M 12/31/87 14487 95.00
01980 LEAGUE OF MINN CITIES M 12/31/87 14488 85.96
00670 CITY COUNTY CREDIT UNION M 12/31/87 14489 1,656.00
02385 MINNESOTA MUTUAL LIFE INS M 12/31/87 14490 953.43
01595 ICMA M 12131/87 14491 846.81
00055 AETNA LIFE INS CO M 12/31/87 14492 19495.17
02840 PERA M 12/31/87 14493 79814.72
02410 MINN TEAMSTER-LOCAL =320 M 12/31/87 14494 95.25
01630 INTL UNION OF CPR ENGR 49 M 12131/87 14495 230.00
00050 A F S C LOCAL #57 M 12/31/87 14496 152.00
06752 RIEKE-CARROLL-MULLER ASSO M 12/31/87 14497 29400.00
02940 POSTMASTER M 12/31/87 14498 400.00
07000 CAROL B JOHNSON M 12/31/87 14499 25.40
• 05064 MANNINGS M 12/31/87 14500 750.00
00860 ENG STROM, RICHARD M 12/31/87 14501 145.00
01520 DONALD HICKERSON M 12/31/87 14502 110.00
jft
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C I T Y O F S T A N T H O N Y
P/E 12/31/87 A C C O U N T S P A Y A B. L E PAGE 2
VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOW
03540 THOEMKE, JOHN M 12/31/87 14503 145.00
02860 PFEIFFER * RICHARD M 12/31/87 14504 13.00
00880 ENTNER, LELAND M 12/31/87 14505 17.00
02820 PETTY CASH M 12131/87 14508 43.91
00820 DORSEY +- WHITNEY M 12/31/87 14509 19326.69
01390 EDWARD J HANCE M 12/31/87 14510 29200.00
02240 METRO WASTE CONTROL M 12/31/87 14511 249896.08
06795 BRUCE A LIESCH ASSOC INC M 12131/87 14512 59272.67
00001 VOID M 12131/87 14513 .00
05065 DAVID JOHNSTON M 12/31187 14 514 5.30
03505 SUNDLAND, ROBERT M 12/31/87 14515 45.25
00235 ATET INFORMATION SYSTEMS M 12/31/87 14516 370.42
02380 MINNEGASCO INC M 12/31/87 14517 19646.89
02680 NORTHERN STATES POWER M 12/31/87 14518 69103.93
02700 NW BELL TELEPHONE CO M 12/31/87 14519 699.83
03160 ST ANTHONY NATIONAL BANK M 12131/87 14520 309520.46
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14521 59949.40
00700 COMM OF REVENUE OF MN M 12/31/87 14522 2,876.57
02840 PER.A M 12/31/87 14523 7,236.21
01595 ICMA M 12/31/87 14524 846.81
00055 AETNA LIFE INS CO M 12/31/87 14525 19512.77
-02385 MINNESOTA MUTUAL LIFE INS M 12131/87 14526 953.43
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14527 2,5644
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14528 4
03690 UNITED WAY M 12/31/87 14529 108.00
03160 ST ANTHONY NATIONAL BANK M 12/31/87 14530 250.00
00670 CITY COUNTY CREDIT UNION M 12/31/87 14531 19656.00
02840 PERA M 12./31/87 14532 36.00
02930 PRUDENTIAL INSURANCE CO M 12/31/87 14533 128.05
02185 MED-CENTER M 12/31/87 14534 311.95
02850 PHYSICIANS HEALTH PLAN M 12/31/87 14535 "4,695.97
01290 GROUP HEALTH PLAN M 12131/87 14536 19122.40
05066 DECISION RESOURCES INC M 12/31/87 14538 39060.00
05067 INDEP SCHL DISTRICT 279 M 12/31/87 14539 11.00
02940 POSTMASTER M 12/31/67 14540 -400.00
06751 BRIGGS 6 MORGAN M 12/31/87 14541 39319. 11
00630 DAVID CHILDS M 12/31/87 14542 15.49
05068 LEWIS E SOLOMON M 12/31/87 14543 125.00
02860 PFEIFFER , RICHARD M 12/31/87 14544 129.80
03150 ST ANTHONY MUNICIPAL LIA M 12/31/87 14545 3056.00
02820 PETTY CASH M 12/31/87 14546 47.06
06783 HEALTH FITNESS CONSULTANT M 12/31/87 14547 250.00
05069 CHAPIN PUBLISHING CO M 12/31/87 14548 159.12
02240 METRO WASTE CONTROL M 12/31/87 14549 519.75
01520 DONALD HICKERSON M 12/31/87 14550 18.25
03480 STATE TREASURER M 12/31/87 14551 230.73
00700 COMM OF REVENUE OF MN M 12/31/87 14552 731.84
02600 NORTH MEMORIAL- MEDICAL CT M 12/31/87 14553 63.00
00820 DORSEY + WHITNEY M 12/31/87 14554 61 0
05071 CORP RESOURCES INS AGENCY M 12/31/87 14556 6925 0
C I T Y O F S T A N T H 0 N Y
P/E 12/31/87 A C C O U N T S P A Y A B L E PAGE 3
VENDOR NAME CHECK CHECK CHECK.
NO. TYPE DATE NO. AMOUNT
01241 . GRACE, DUANE M 12/31/87 14557 369.00
03350 SHORT ELLIOT HENDRIC KSON M 12/31/87 14558 1010.35
05017 HENN CO TREASURER M 12/31/87 14559 2.169.37
01505 HENN CO SHERIFF M 12/31/87 14560 22.92
02980 PROFESSIONAL - PROCESSING C M 12/31/87 14561 12.75
00820 DORSEY + WHITNEY M 12/31/87 14562 932.78
06751 BRIGGS E MORGAN M 12/31/87 14563 39492.29
06795 BRUCE A LIESCH ASSOC INC M 12/31/87 14564 29750.85
06752 RIEKE-CARROL,L-HULLER ASSO M 12/31/87 14565 1,300.00
05072 WALMAN OPTICAL CO M 12/31/87 14653 35.64
00045 ACRD-MINNESOTA M 12/31/87 14654 147.42
01500 . HENNEPIN CTY FINANCE DIV M 12/31/87 14655 303.33
03480 STATE TREASURER - M 12/31/87 14656 303.33
05017 HENN CO TREASURER - M 12/3.1/87 14657 - 7.10
00780 . CYS MIENS WEAR M 12/31/87 14658 325.25
03490 STREICHER GUNS INC9 DON M 12/31/87 14659 19001.50
03490 STRETCHER' GUNS I NC 9 DON M 12/31/87 14677 310.00
05074 KENNEDY BRUSH COMPANY M 12/23/87 14680 516.00
TYPE TOTAL 2359250.73
•
TOTAL 2359250.73
C I T Y O F S T A N T H O N Y L I Q U O R
P/E 1/31/88 A C C O U N T S P 'A Y A 8 L E PAGE 1
• VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
04025 APACHE PLAZA M 1/06/88 11725 6,098.79
04009 AETNA LIFE 6 CASUALTY M 1/06/88 11726 415.92
04014 AMERICAN BANKERS INS M 1/06/88 11727 14.40
04060 CINDY CARPENTER M 1/06/88 11728 60.00
04080 CITY COUNTY CREDIT UNION M 1/06/88 11729 100.00
0410.0 CCMMISSIONER OF REVENUE M 1/06/88 11730 813. 12
04109 DENTICARE M 1/06/88 11731 24.00
04208 ICMA M 1/06/88 11732 20.00
04234 LMCIT - EBP INC M 1/06/88 11733 55.10
04236 LEHIGH MUN S COMM LEASE F M 1/06/88 11734 92.94
04295 MINN BENEFIT ASSN M 1/06/88 11735 5.00
04335 NORTHERN STATES POWER M 1/06/88 11736 2,139.02
04380 PUBLIC EMPLOYEE RETIREMNT M 1/06/88 11737 1,604.45
04410 ST ANTHONY NATL BANK M 1/06/88 11738 59000.00
04410 ST ANTHONY NATL BANK M 1/06/88 11739 1 ,631.38
04410 ST ANTHONY NATL BANK M 1/06188 11740 19857.86
04410 . ST ANTHONY NATL BANK M 1/06/88 11741 58.86
04411 SALITERMAN REALTY CO M 1/06/88 11742 2 ,083. 33
04491 UNITED WAY M 1/06/88 11743 43.00
04375 POSTMASTER M 1/06/88 11744 88.00
04004 AT 6 T M 1/14/88 11745 23.22
• 04004 AT E T M 1/14/88 11746 4.67
06358 ALEXIS BAILEY VINEYARD M 1/14/88 11747 90.00
04060 CINDY CARPENTER, M 1/14/88 11748 240.00
04120 EAGLE WINE CO M 1/14/88 11749 68.57
04175 GRIGGS COOPER 6 CO INC M 1/14/88 11750 4,898.50
04203 BURDETTE HETZER M 1/14/88 11751 1 ,019.56
04220 JOHNSON WINE CO M 1/14/88 11752 59893.54
04230 KUETHER DISTRIBUTING CO M 1/14/88 11753 359926987
04235 LECLAIRE DIANE M 1/14/88 11754 125.00
04311 MINTER-WEISMAN M 1/ 14/88 11755 2 ,103.74
06519 MONARCH MARKING M 1/14/88 11756 460.35
04325 RAYMOND NELSON M 1/14/88 11757 160.00
04360 EPSCO M 1/14/88 11758 5 ,791.75
04385 QUALITY WINE CO M 1/14/88 11759 29614.41
04390 REX DISTRIBUTING CO M 1/14/88 11760 23,569.45
04400 ST ANTHONY LIQUOR #1 M 1/14/88 11761 769.73
04410 ST ANTHONY NATL BANK M 1/14/88 11762 30,000.00
04410 ST ANTHONY NATL BANK M 1/14/88 11763 59000.00
04418 JIM SCHWARTZ M 1/14/88 11764 60.00
04460 SUNDERLAND INC M 1/14/88 11765 94.75
04100 COMMISSIONER OF REVENUE M 1/14/88 11766 37,811.07
06498 CRAIG WISS M 1/14/88 11767 720.00
06470 FULLERTON LUMBER CO M 1/21/88 11768 34,599.00
04060 CINDY CARPENTER M 1/21/88 11769 225.00
04418 JIM SCHWARTZ M 1/21/88 11770 60.00
• 04410 ST ANTHONY NATL BANK M 1/21/88 11771 309000.00
04410 ST ANTHONY NATL .BANK M 1/21/88 11772 5,000.00
04009 AETNA LIFE C CASUALTY M 1/21/88 11773 415.92
04016 AMERICAN RISK SERVICES M 1/21/88 11774 273.00
•r`
C I T Y O F S T A N T H O N Y L I 0 U 0 R
P/E 1 /31/88 A C C 0 U N T S P A Y A B L E PAGE 2
• VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
04080 CITY COUNTY CREDIT UNION M 1/21/88 11775 100.00
04085 CITY OF ST ANTHONY M 1/21 /88 11776 739.71
04100 COMMISSIONER OF REVENUE M 1/21/88 11777 746.57
04118 EMS MUSIC INC M 1/21/88 11778 127. 50
04120 EAGLE WINE CO M 1/21 /88 11779 330 .98
06465 ELIZABETH FREUND M 1/21/88 11780 26.13
04175 GRIGGS COOPER E CO INC M 1/21/88 11781 49141.04
04208 ICMA M 1/21/88 11782 20.00
04220 JOHNSON WINE CO M 1/21/88 11783 49100.47
04260 MAGIC GARDEN M 1/21/88 11784 751.75
04266 MARKET MECHANICAL M 1/21/88 11785 643.19
06481 MINN AMVETS NEWS M 1/21/88 11786 125.00
04311 MINTER-WEISMAN M 1/21/88 11787 2 ,550.77
04338 NORTH STAR ICE M 1/21/88 11788 539.64
04340 NW BELL TELEPHONE CC M 1/21/88 11789 465.76
04360 EPSCO M 1/14/88 11790 69514.60
04376 PRIOR WINE CO M 1/21188 11791 201.67
04378 PROFESSIONAL PROCESSING M 1/21 /88 11792 111.04
04380 PUBLIC EMPLOYEE RETIREMNT M 1/21/88 11793 27.00
04380 PUBLIC EMPLOYEE RETIREMNT M 1/21/88 11794 19514.32
04385 9UALITY WINE CO M 1/14/88 11795 19760.20
• 04410 ST ANTHONY NATL BANK M 1/21/88 11796 19494.08
04410 ST ANTHONY NATL BANK M 1/21/88 11797 1,655.90
04410 ST ANTHONY NATL BANK M 1/21/88 11798 45.18
06517 TWIN CITY DEMOS M 1/21188 11799 132.00
04491 UNITED WAY M 1/21/88 11800 41.00
04492 WASTE MANAGEMENT M 1/21/88 11801 180.50
04410 ST ANTHONY NATL BANK M 1/28/88 11802 309000.00
04410 ST ANTHONY NATL BANK M 1/28/88 11803 59000.00
04060 CINDY CARPENTER M 1/28/88 11804 180.00
04418 JIM SCHWARTZ M 1/28/88 11805 120.00
06471 AMERICAN NAT BANK M 1/28/88 11806 168.77
04039 STUART J BONNIWELL M 1/28/88 11807 3,630.00
04041 BUSINESS CREDIT LEASING M 1/28/88 11808 106.12
04098 COMMERCIAL LIFE INS CO M 1/28/88 11809 21.60
06334 HEALTH RESOURCES INS AGY M 1128188 11810 1,749.60
06456 DORSEY E WHITNEY M 1/28/88 11811 192.50
04120 EAGLE WINE CO M 1/28/88 11812 157.38
06261 FLAHERTYS HAPPY TYME M 1/28/88 11813 694.25
04175 GRIGGS COOPER C CO INC M 1/28/88 11814 169206o77
04185 GROUP HEALTH PLAN INC M 1/28/88 11815 75.95
04203 BURDETTE HETZER M 1/28/88 11816 900.00
04220 . JOHNSON WINE CO M 1/28/88 11817 577. 18
04235 LECLAIRE DIANE M 1/28/88 11818 125.00
04269 MED CENTER M 1/28/88 11819 233.55
04311 MINTER-WEISMAN M 1/28/88 11820 19713. 06
• 04325 RAYMOND NELSON M 1/28/88 11821 160.00
04360 EPSCO M 1/28/88 11822 19768.22
04365 PHYSICIANS HEALTH PLAN M 1128/88 11823 19292.16
04376 PRIOR WINE CO M 1/28/88 11824 489.44
C I T Y 0 E S T A N T H 0 N Y L " 1 0 0 0 R
P/E 1/31/88 A C C 0 U N T S P 'A Y A -8 L E PAGE 3
® VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. AMOUNT
04468 TANGUERAY INVESTMENTS M 1/28/88 11825 87.40
TYPE TOTAL 3449958.22
TOTAL 3449958.22
wAITEOPOLtTAn ME-MOPOLITAN WASTE
conmu CONTROL COMMISSION
commmon
..
Twin CHim Rrea 350 METRO SQUARE BUILDING ST. PAUL, MN 55101 PHONE 1612) 222-8423
CITY OF ST ANTHONY
ACCOUNTS PAYABLE
3301 SILVER LAKE ROAD
ST ANTHONY MN 55418
INVOICE
1/01/88 0022475-000 FEBRUARY 0005112
.
JNVOICE DATE CUSTOiu1ER ACCOUNT'NUMBER; fRVtCB NTH' INVOICE:NO 'AMOUN3'
401 SEWER SERVICE CHARGES 26,082.04
TOTAL: 26,082.04
Due on the f�rsi day.of the service trsonth "tnstallmei►ts +ot recarved by;the..10th day;of each
month in:H+hich..due at+alt be;regarded 'as delinquent;and shall bear: interest f.r.orn the.;first::day
of such.month at the: rata of 7890 per:anum y;: As' per Iaws'of t►+Ii:nnesota: 1985':46haptler a3S
•
Date 02105/88
Rieke-Carroll-Muller Associates, Inc. To: city of St. Anthony
3301 Silver Lake Road
0 Engineers, Architects, Land Surveyors St. Anthonv. MN 55418
Attn: Larry Hamer
OFFICES AT PROJECT: Sanitary Sewer Stndy
p P.O. Box 776,Gaylord, MN 55334 - -
*. P.O. Box 130, Minnetonka, MN 55343 client our FneR7117117-171
E3 P.O. Box 51,St.Cloud, MN 56301
1,A,1,366C
FEES FOR PROFESSIONAL SERVICES:
Services rendered thru 01/30/88
13 , Hrs. Civil Engineer 385.97
3 3/4 Hrs.' Engineer Technician 104.07
Total Payroll Cost 490.04
490.04 x 2.3 = 1,127.09
Balance Due 1,127.09
Work To Date: Analysis of Wilson Street Sewer Line
Capacity, MWCC Flow Records, Meter Station Capacity.
l �
I declare under the penalties of law that this Rieke-Carroll-Muller Associ
• account, claim or demand Is just and caned
and that no part of it has been pall by
ture of cwmvm
INVOICE N2 53547
Date 02/05/88
To: St. Anthony Village
Rieke-Carroll-Muller Associates, Inc. 3301 Silver Lake Road
• Engineers, Architects, Land Surveyors St. Anthony. MN 55418
OFFICES AT PROS=: St. Anthony Storm Sewer
❑ P.O. Box 776,Gaylord, MN 55334 Study _
'X P.O. Box 130, Minnetonka, MN 55343 Client Our Fpe,87191 -_0
❑ P.O. Box 51,St.Cloud, MN 56301
1.6.1.341
FEES FOR PRAFI;SSIONAL SMVU=:
Services rendered thru 01/30/88
16 Hrs. Project Manager 473.21
53 4 Hrs. Civil Engineer 907.09
4 Hrs. Reproduction Technician 39. 13
Total Payroll Cost 1,419.43
4419.43 x 2.5 = 3,548.58
Mileage 25.20
Job Supplies-Reproduction 47:26
• Balance Due 3,621.04
i
I
i
i
I
I
i
I
I declare under the penalties of law that Rieke-Carroll-Muller Associates, Inc.
account, claim or demand is Just and corral
and that no part or is iu bm pain
by
of 0silmant
INVOICE N2 53548
Date 02/04/88
To; City of St. Anthony
Rieke-Carroll-Muller Associates, Inc. 3301 Silver Lake Road
Engineers, Architects, Land Surve11or8
St. Anthony, MN 55418
OFFICES AT PROJECT: St. Anthony Blvd,
❑ P.O. Box 776,Gaylord, MN 55334 MSA Street Job _
P.O. Box 130, Minnetonka, MN 55343 (fit References— our pm861019-1
❑ P.O. Box 51,St.Cloud, MN 56301
1,G,1,321
FES FOR PROFES40NAL SERVICES:
Services rendered thru 01/30/88
Estimated Construction Cost = 400,000.00
Engineers Fee 8% = 32,000.00
Project 12% Complete
12% x 32,000.00 = 3,840.00
Balance Due 3,840.00
Field survey completed, plan profile drawn, cross
sections partially plotted.
1I declare under the penalties of law that dit Rieke-Carroll-Muller Associat 1
aCCMm% AAftn or demand Is Just and correct
and that no part of it has been pall`
by
of aaimsne
INVOICE N2 53529
C 2 TY O F S T . ANTHONY
P L ANN=N G C OMM= S S= ON M 2 NUT E S
• F E B RUARY 1 6 1 9 8 8
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led
2 by Chair Franzese.
3 Present for roll call: London, Brownell, Hansen, Wagner, Franzese,
4 Werenicz, Madden.
5 Also present: David Childs, City Manager.
6 OATH OF OFFICE
7 Secretary Helen Crowe administered oaths of office individually to
8 Edward W. Brownell III , 3205 Skycroft Drive, to fill in John Wingard' s
9 unexpired two year term as well as to John Madden and Steve London,
10 who the Council had reappointed to serve three year terms on the
11 Planning Commission.
12 Blizzard Causes Cancellation of January 19th Commission Meeting
13 The three terms of office were scheduled to commence at the above
14 meeting which had been cancelled when Apache Squares Shopping Center,
15 whose application for signage was the only business requiring
16 Commission action that evening, requested postponement.
• 17 NOVEMBER 30 , 1987 PLANNING COMMISSION. MINUTES
18 Motion by Hansen, seconded by Wagner to approve with the following
19 changes:
20 Page 2 , line 20: Substitute "was" for "were" .
21 Page 3 , line 9: Substitute "with" for "within" .
22 Page 3 , line 18 : Correct typo "and" before "said" .
23 Page 3 , line 28: Insert "and" between 1117th" and "who" .
24 Page 12 , line 33 : Delete "and one" between "and one-half" .
25 Motion carried unanimously.
26 WERENICZ TO REPRESENT COMMISSION AT FEBRUARY 24TH COUNCIL MEETING
27 When Mr. Childs confirmed that- the Council' s February 23rd meeting had
28 been rescheduled to the next evening, Commissioner Hansen said he
29 would have liked to have served as Commission representative at that
30 meeting, but would be unable to do so because there was an important
31 District #282 School Board public hearing scheduled the same evening
32 which he would not want to miss.
33 WAGNER AND HANSEN TO HEAD COMMISSION IN 1988
34 The above indicated their willingness to serve as Commission Chair
35 with the latter deferring to Commissioner Wagner during the discus-
• 36 sions which preceded the following:
37 Commission Action
1
1 Motion by Hansen, seconded by Werenicz to nominate George Wagner to •
2 serve as Chair and Ron Hansen as Chair Pro Tem for the remainder of
3 1988 .
4 Commissioner Brownell moved to close nominations.
5 Motion carried unanimously.
6 The newly elected Chair proposed that Rosemary Franzese continue to
7 conduct the meeting that evening.
8 NEW BUSINESS
9 New Shopping Center Management Congratulated for Well Designed Signage
10 which Complies With City Ordinances
11 Mr. Childs reiterated his January 14th memo advice to the Commission
12 including that:
13 *neither a variance nor a public hearing, but only Council
14 approval, was required for the 80 square foot free standing
15 pylon sign which would identify the new retail center just
16 west of Apache Plaza since the City sign code allowed 300
17 square feet of sign surface area for a shopping center;
18 *the 28 square foot of signage each proposed for the four busi- •
19 nesses in the first building would be well under what the Sian
20 Ordinance would allow eight entities ;
21 *EFH Company owned the center but, as indicated in the appli-
22 cation for approval which he had included in the cancelled
23 Commission meeting agenda packet, Gene Happe of Apache Proper-
24 ties, 1601 East Highway 13 , Burnsville, MN had made the appli-
25 cation.
26 The City Manager had agreed with Commissioner Wagner ' s calculations
27 that the rectangle encompassing the proposed logo and lettering for
28 each of the wall signs identifying the four businesses in the building
29 would be 14 feet by 2 feet, or 28 square feet of sign surface area, .
30 where the Sign Ordinance allowed 88 square feet for the 44 foot
31 frontage each space had.
32 Gene Happe, representing the center owners, told the Commissioners:
33 *the pylon sign would identify this the first of three separate
34 commercial properties owned by Apache Properties with the other
35 two being located north and south of the Firestone building on
36 39th Avenue N.E. ;
37 *the sign was planned to be color coded according to the color
38 theme for each building;
2
• 1 *the blue panel would identify the existing building with other
2 colors identifying the buildings planned for the other loca-
3 tions ;
4 *the sign would be back lit but could easily be turned off
5 whenever the City wanted because security for the area would be
6 provided by lighting indicated on the site plan in the agenda
7 packet. .
8 Hansen Commends Applicant for Seeking_ Approval of SiQ_nage Before
9 Erection
10 The Commissioner noted that the center owner had gone without signage
11 even though the building was up and the first tenant, Domino' s Pizza,
12 had been in operation for quite a while. He said he was happy to see
13 signage delayed for City approval which had not always been the case
14 with businesses in the past. The Commissioner said he perceived the
15 signage had been well represented and told Mr. Happe he considered
16 his proposed center to be a welcome addition to that shopping area.
17 Commission Action
18 Motion by Hansen, seconded by London to recommend the Council approve
19 the request for signage under Section 430 : 40 Subdivision 8b ( 3 ) of the
20 City Sign Code as presented for the Apache Squares Shopping Center,
•21 2504-2524-39th Avenue N.E. , finding that:
22 1. Staff had indicated the proposed free-standing center identifi-
23 cation sign and the comprehensive plan for individual business
24 signage would meet all the Sign Ordinance requirements and would
25 provide the type of signage St. Anthony desires for the comm-
26 unity.
27 2. No public opposition was expressed during the Commission consi-
28 deration of the application.
29 Motion carried unanimously.
30 PUBLIC HEARINGS
31 Reluctant Approval Given Signage on Dairy Queen
32 At 7: 55 P.M. Chair Franzese read the notice of the hearing to consider
33 the request from Albert Plaisted, owner of the St. Anthony Dairy
34 Queen, 2612 Highway 88, for a sign variance to allow the business to
35 retain the existing signage on that building identified in the notice.
36 No one present reported failure to receive the notice which had been
37 published in the February 3rd Bulletin and mailed to all property
38 owners of record within 200 feet of the subject property and no one
39 objected to its content.
•
3
1 Agenda Copy of February 3rd notice and list of mailings; •
2 Documenta- pertinent pages of .Commission' s October 21 , 1986
3 tion minutes;
4 rough draft of Secretary' s attempt at near verbatim
5 transcript of that meeting;
6 pertinent sections of the July 21 , 1987 Commission min-
7 utes airing the Commission' s concerns about the non-
8 conforming signage which was erected on the store after
9 it was completely rebuilt;
10 copies of the September 2 , 1986 elevations for the
11 remodeled Dairy Queen submitted to staff at the time
12 of construction;
13 City Manager ' s February 12th memorandum where he
14 attempted to summarize the issues which had arisen
15 since the Council had first approved the drive-through
16 facility for the store, which to the City' s surprise
17 had been completely leveled and rebuilt with signage
18 far in excess of what the Commission or Council expect-
19 ed or the Ordinance allowed;
20 report in the same memorandum of the applicant' s fail-
21 ure to come in for a variance to allow that excess, in
22 spite of numerous letters explaining the necessity for
23 doing so;
24 January 4 , 1988 Petition for Sign Variance.
25 Staff report: Childs recalled it had been during the July 21 , 1987
26 Commission discussion with Mr. Plaisted that the
27 Dairy Queen owner had been told a variance was neces-
28 sary for him to keep the signage he had put up on his
29 building but he could expect the Commissioners to look
30 favorably on that variance when he applied for it;
31 reported that in spite of several letters from the City
32 urging application for the variance, the application in
33 the agenda packet that evening was finally the response
34 to those letters;
35 explained that technically the signage on the build-
36 ing might also be considered to be 5 separate signs
37 because of the 5 foot separation between the Dairy
38 Queen logos and the name lettering;
39 said the Commission could interpret that there were
40 only 2 signs on the north and south side of the build-
41 ing which, with the 48 square foot rotating roof sign,
42
4 •
• 1 exceeds the ordinance allowance of 100 square feet of
2 surface sign area for that store by 92 square feet;
3 agreed with the Chair ' s statement that "there was no
4 point in revisiting the differences in recol-
5 lections held by the City and the applicant which had
6 been fully explored during the July, 1987 meeting with
7 the applicant and at many ,Commission meetings in the
8 meantime. " ;
9 reiterated that he perceived it was now up to the
10 Commission to make an interpretation related to the
11 number of signs involved and to decide whether or not
12 to recommend the Council grant the necessary variance
13 to allow the signage to remain on the building.
1.4 Proponents: Albert Plaisted conceded that the scale on the blue
15 prints could have been wrong but reiterated he had told
16 staff from the very beginning that the logos and let-
17 tering in the mansard roof had to be ordered as is from
18 the parent Dairy Queen office and that he could not
19 have that particular roof style without that standard
20 company identification; but
21 insisted that signage had been accurately depicted on
• 22 the blue prints even if the scale might have been off;
23 said he was not denying that the misunderstandings had
24 resulted from his not giving more specific and accurate
25 information related to his plans to level the building
26 and the extent of the signage he was proposing to
27 erect on the building after it was rebuilt;
28 indicated the signs on the north and south side of the
29 building consisted of a 3 by 5 foot Dairy Queen logo
30 attached to the same panel as the 22 and 18 inch neon
31 Dairy Queen letters (each side would have 72 square
32 feet of signage if Commission interprets logo and let-
33 tering as one sign. ) .
34 Janet Plaisted in reference to Commissioner Hansen' s
35 comments about "ignored notices" said she had unsuc-
36 cessfully tried to contact Mr. Childs by phone after
37 receiving one of these letters and his absence from
38 the City coupled with the fact that she and her hus-
39 band had been traveling between their stores accounted
40 for some of the response delay.
41 The hearing. was closed at 8: 06 P.M. for formulation of a recommenda-
42 tion to the Council.
5
1 Commissioner Hansen indicated he perceived the major issues were that •
2 the Commission, without the knowledge that the building would be
3 leveled which voided the roof sign from being grandfathered in, gave
4 the applicant permission to take down the sign while the building was
5 being reconstructed for a drive-through facility as well as the fact
6 that an additional wall sign was erected without the City' s approval.
7 Mr. Childs responded that was the reason he had specifically described
8 all the signage on the building in the February 3rd notice of the
9 hearing on the variance.
10 Commissioner Werenicz indicated he could see no point in rehashing all
11 the grievances the Commission had which had been fully covered at
12 the July 21 , 1987 meeting. He perceived it was up to the Commission
13 to recommend whether the existing signage could remain on the
14 building. The Commissioner said he would be in favor of recommending
15 the Council grant whatever variance is necessary to retain that
16 signage as the applicant had been told to expect if he applied for
17 the variance.
18 Commissioner Hansen responded to the suggestion that the Commission
19 interpret the logo and name lettering as one sign by saying that was
20 not the way the Leslie Paper Company signage had been interpreted.
21 The response was that there had been considerably more distance than
22 5 feet between that logo and the lettering on that building.
23 Commissioner London indicated he was concerned that to interpret this
24 signage any differently might result in an inconsistency with the
25 directions given the owner of Mickey D' s restaurant.
26 Commission Action
27 Motion by Werenicz, seconded by Wagner to recommend that the Council
28 grant the necessary sign variance to Albert Plaisted which would
29 allow him to keep the existing signage on the Dairy Queen at 2612
30 Highway 88 , realizing that. by doing so the City would be allowing 92
31 square feet of signage over and above what the Sign Ordinance allows
32 for a building with the frontage this building has. In recommending
33 the variance be granted, the Commission acknowledges the controversy
34 which has surrounded this reconstruction project which has been well
35 documented in Commission and Council minutes since 1986 but finds in
36 its favor that:
37 *the signage is in very good taste
38 *the building is located on two platted streets and actually
39 has traffic going three ways around it and the City has in the
40 past granted variances for additional signage under similar
41 conditions ;
42 *there have been no public expressions of opposition to the sign-
43 age which is on the building and there was no one present at
44 this hearing who opposed granting a variance for its retention.
6
• 1 Voting on the motion:
2 Aye: Werenicz, Wagner, Brownell, Franzese , Madden.
3
4 Nay: Hansen, London.
5 Motion carried.
6 Following the vote, Commissioner London explained his vote against
7 granting the variance by saying he .had concluded after reading the
8 minutes provided in the agenda packet that the issue involved a
9 situation where the applicant had taken advantage of a confusing -
10 situation because both Chair Franzese and Commissioner Madden had
11 warned Mr. Plaisted that his roof sign would no longer enjoy a
12 grandfathered in status if - more than 70% of the building were
13 removed during reconstruction. The Commissioner said he certainly
14 thought that had happened when the building was leveled. He said he-
15 doubted whether the City would have allowed the pylon sign to remain
16 on the building if the Commission and Council had been told at the
17 start that the remodeling involved leveling the building. He
18 perceived a similar situation had occurred with the Mickey D' s
19 signage.
20 Commissioner Hansen agreed this was another case where the Commission
21 was being asked to overlook an applicant ' s ignoring the City or-
•22 dinance. He drew a comparison between what had happened in this
23 instance and the request for shopping center signage heard earlier
24 in the evening where the applicants had worked with staff to provide
25 signage which conformed to the ordinance and had waited to put up that
26 signage until they had gotten official approval.
27 TCF Request for Conditional Use Permit/Setback Variance Tabled for
28 Traffic Study
29 At 8: 20 P.M. , the Chair read the notice of the hearing to consider
30 applications from Twin City Banking and Savings for a conditional use
31 permit to allow expansion of the existing drive-in teller facilities
32 and variance to allow extension of the existing canopy over the
33 drive-in on the north side of the building at 3899 Silver Lake Road
34 to within 31 feet of the north property line where a setback of 35
35 feet is required by ordinance.
36 The notice had been published .in the February 3rd Bulletin and mailed
37 to all property owners of record within 350 feet of the subject
38 property. Four of these were present to express concerns that the
39 new facilities might exacerbate the traffic congestion at that
40 location.
41 No one present reported failure to receive the notice of the hearing
42 or objected to its content.
• 43 Staff report: Childs reiterated information in his February 12th
7
1 memorandum related to the facilities expansion and
2 traffic congestion; •
3 reported that as of Friday night staff had received
4 no calls either for or against this request;
5 told Commissioner Brownell the applicant, Robert
6 Galush had indicated that the sketch in the agenda
7 packet was only a rough drawing and had failed to show
8 the 12 feet of blacktop which would extend beyond the
9 fourth drive-in lane to the parking lot to accommodate
10 the passage of emergency vehicles;
11 told Commissioner Hansen the parking requirements were
12 based on the square footage of the building and maybe,
13 the City' s codes weren' t tough enough for banks;
14 indicated he had not been with the City when the bank
15 was constructed and wasn' t aware of any variances
16 granted for that construction.
17 Proponents: Mr. . Jones said he was appearing for Mr. Galush who
18 could not be there that evening and had more complete
19 site plans to show the Commissioners and neighbors;
20 reported that since bank deregulation, TCF had expanded
21 its savings and loan services., which had
22 increased their customers , most of whom preferred using •
23 the drive-in facilities;
24 indicated other TCF locations were making similar
25 improvements to * better serve this increase in
26 customers;
27 told Commissioner Brownell that rather than adding more
28 tellers, most of the banks were installing $20 ,000
29 automated cash dispensing machines which would increase
30 the productivity of the four lanes to a five lane dis-
31 pensing capability;
32 indicated the idea of adding an emergency lane had
33 originated with the 1984 tornado;
34 admitted the site often experienced parking problems
35 which were often the result of not having enough
36 drive-in facilities;
37 responded to the suggestion that the bank might have to
38 acquire more land to accommodate the increased business
39 by saying that was being looked at and although it was
40 not part of the request that night, bank planners were
41 also looking at available land on the site perceiving
8
• 1 8 or 10 cars could be provided on the grassy areas on
2 the south side of the property and parking for four on
3 the little grassy island on the east side;
4 told Commissioner Hansen they would be contacting
5 the City to ascertain the procedures for making these
6 additions and providing better traffic flow both on and
7 off the site;
8 told the new Commission Chair the bank had not had an
9 outside traffic study done and the expansion plans had
10 only resulted from internal bank planning;
11 told Commissioner Werenicz although the bank had not
12 planned any further landscaping on the north to buffer
13 the residents across 39th from the sight of cars
14 piling up but was certain the bank would be willing
15 to add shrubbery or hedges or anything else the City
16 deemed necessary;
17 responded to Commissioner Werenicz ' s suggestion that
18 the existing structure might have to be changed to
19 alleviate the parking and traffic problems by telling
20 him it was for security reasons, based on a couple of
21 holdups at this bank and others that all the tellers ,
• 22 vaults and cash dispensing facilities have to be
23 located in the same secured area of the facility, mak-
24 ing it essential to have the drive-in facilities where
25 cash is constantly being passed from the tellers in
26 the same area.
27 Jean Keller, who manages, the Apache bank indicated the
28 heaviest traffic days are paydays and days Social
29 Security checks are cashed and the heaviest traffic
30 backups occur at her facility Thursday afternoons, all
31 day Friday and Saturday mornings.
32 Concerned Ruth Thompson, 3015 - 39th Avenue N.E. said she had
33 neighbors: been remiss in not contacting Mr: Childs about her
34 concerns before the hearing;
35 indicated she hadn' t realized how many new drive-in
36 lanes were involved in the proposal;
37 stated she "deeply regretted" the loss of grass on the
38 north side which would make the site "more commercial
39 than residential looking. " ; '
40 said the neighbors had opposed the drive-ins being
41 located on that side from the very beginning but in
42 spite of these and other concerns about the facility
�43 before it was built, TCF had turned out to be a satis-
9
1 factory neighbor when it came to upkeep of their •
2 property;
3 doubted whether adding more drive-up lanes could cor-
4 rect the traffic congestion near her home which is
5 diagonal from the bank because traffic on 39th is like
6 "a zoo or state fair, with cars constantly turning
7 around in the neighbors ' driveways and occasionally
8 having accidents in front of our homes" ;
9 observed that there are never enough parking places to
10 accommodate TCF customers ;
11 "strongly" advocated the bank buy more property to
12 expand the parking facilities;
13 wondered with traffic already backed up all the way
14 down the street to get into the existing two drive-in
15 lanes whether traffic conditions might get worse in-
16 stead of better with four lanes;
17 was concerned all the lawn on her side of the bank
18 would be torn up with people parking all over the site.
19 Ruth Nelson, 3916 Macalaster Drive, recounted the near
20 misses she, her husband, and other neighbors had ex-
21 perienced trying to drive or walk down 39th Avenue;
22 requested a stop sign be installed at the end of the
23 bank' s driveway exiting on 39th.
24 Jake Cadwallader, 3901 Silver Lake Road, recalled that
25 it had been one of the major concerns when the bank was
26 constructed that bank traffic would not go through the
27 adjoining neighbors ;
28 said preventing a right hand turn out of the site
29 might direct the traffic back onto Silver Lake Road and
30 prevent the constant flow of TCF customers through the
31 residential areas to avoid the semaphore at the Silver.
32 Lane .and Silver Lake Road intersection.
33 Kenneth Lee said he lived and had a lot just north of
34 the bank;
35 echoed Mrs. Thompson' s suggestion that with the in-
36 creased business and better economic outlook the time
37 might have come for TCF to expand its banking fac-
38 ilities and take care of its own traffic control which
39 can' t help but become more difficult to handle as its
40 - business improves.
10
1 Commission almost all said they were customers of TCF and could
2 comments: attest to the traffic and parking congestion.
3 Hansen: noted that Mr. Galush in hit application letter had
4 mentioned a "tremendous increase in volume" in business
5 as the reason for expanding the drive-in facilities;
6 indicated he was not opposed to the expansion but
7 testimony that evening and his own experience as a
8 bank customer and convinced him that traffic and park-
9 ing had become a real problem for both the neighbors
10 and customers;
11 said he believed the neighbors ' had legitimate com-
12 plaints;
13 indicated he would like to see a traffic control and
14 flow study done to see whether curb cuts or relocation
15 of the drive-in windows would be necessary to protect
16 the residential areas to the north and east from the
17 traffic problems on 39th Avenue and on their own
18 streets which are bank generated;
19 expressed concern that without the study, the City, by
20 allowing the additional drive-in lanes rather than
•21 alleviating the existing traffic problems might be
22 encouraging an increase in customers and greater con-
23 gestion on the site.
24 Madden: said he lived close to TCF but did most of his banking
25 through the mail to avoid the parking and traffic pro-
26 blems around the bank;
27 agreed with Commissioner Hansen that before the City
28 allows the expansion of the banking facilities, there
29 should be a study made of both traffic flow and con-
30 trol.
31 London: concurred that the Commission did not have enough
32 information to make a decision at this time;
33 said he knew from working on other banking facility
34 construction that all such facilities are experienc-
35 ing parking and traffic flow problems as they expand;
36 wanted to be certain that the drive-in expansion
37 would alleviate the traffic problems and not just
38 create new ones.
39 Werenicz: said he hadn' t perceived the neighbors were actually
40 expressing opposition to the expansion per se, but had
•
11
1 come to tell the Commissioners their concerns about the
2 current and potential problems at TCF.
3 Wagner: perceived the study might help solve the stacking
4 problems all over the site.
5 Franzese: expected economic pressures if customers are lost
6 because of the congested condition on the site might
7 force the bank to make the necessary changes on its
8 own.
9 Commission Action
10 Motion by Wagner, seconded by Madden to table action on the TCF
11 request until the applicant has returned with a satisfactory traffic
12 study to demonstrate the proposed new facilities would improve
13 conditions for both parking on the site and traffic congestion on the
14 site and on the side streets, with both exits and accesses to be
15 considered and provision of one way traffic patterns , if that would
16 help.
17 Motion carried unanimously.
18
19 Commission Agrees With Neighbors That Lot at 3657 Silver Lake Road
20 Should Not Be Rezoned R-2
21 At 8 : 50 P.M. the Chair read the notice of hearing to consider a •
22 request from Reliable Builders, Inc. 2575 Fairview Road North,
23 Roseville, to rezone the above lot on the southeast corner of Silver
24 Lake Road and 37th Avenue N.E. from R-1 , single family residential, to
25 R-2, two family residential, for the double bungalow the applicant
26 proposes constructing on that corner which was cut down for the
27 reconstruction of 37th Avenue N.E. by Ramsey County..
28 The notice of the hearing was published in the February 3rd Bulletin
29 and mailed to all property owners of record within 350 feet of the
30 subject property. No one present reported failure to. receive the
31 notice or objected to its content. Three of the property owners
32 listed on the back of the petition for rezoning in the agenda packet
33 were present to ,express opposition to the proposal.
34 Staff report: Childs reiterated a portion of the comments he had made
35 in his February 12th memorandum related to the factors
36 involved in the proposal;
37 reported there had been a single family residence on
38 the property before Hennepin County took it by con-
39 demnation for the reconstruction of the 37th Avenue
40 and Silver Lake Road intersection;
41 indicated there might be some question whether the 26 •
12
I
1 by 40 foot structure depicted in Reliable Builder ' s
2 drawing in the agenda packet would meet the minimum
3 requirements for two family dwelling first floor areas
4 which he read aloud;
5 added that there was certainly adequate lot size for a
6 conforming double bungalow dwelling to be constructed;
7 reported a call had come into the City offices that day
8 from Gerald Smith, 3629 Silver Lake Road, who, though
9 he did not specifically oppose the rezoning, questioned
10 what this type of development might do to property
11 values ;
12 said he understood Mr. Hamer had' also gotten a call
13 from the property owner to the east which questioned
14 the rezoning;
15 reiterated that the City' s Comprehensive Plan had con-
16 sidered single family zoning for this parcel, probably
17 because that was what was on the property when the Plan
18 was written;
19 pointed out on the zoning map that all property on 37th
20 Avenue west of Silver Lake Road is R-2 and all property
• 21 on the east side, except a parcel near Wilshire Park
22 School, is classified with an R-1 zoning;
23 told Commissioner Wagner he wasn' t certain the Silver
24 Lake Road median wouldn' t interfere with the proposed
25 driveway on that side of whether there were utility
26 boxes and transformers buried in that location.
27 Opponents: Bruce Anderson, 3640 Penrod Lane, said he had moved to
28 St. Anthony to avoid living in an- area full of double
29 bungalows with transient inhabitants who moved every
30 six months or a year;
31 perceived there were enough double bungalows on 37th
32 not to add another to the area;
33 reported Marilee Higgins who had lived in the single
34 family dwelling on that corner before it was acquired
35 by Hennepin County had intended to attend this meeting
36 to testify that the County "had practically guaranteed"
37 that the zoning would remain single family but a strep
38 throat and a temperature of 104 deg. prevented her
39 attendance;
40 stated he didn' t want the property behind him to be
•41 zoned double bungalow;
13
1 said "It' s zoned single family now, why mess it up?' ,
2 indicated that if he had not been on vacation, he
3 would. probably have been able to get "almost every one
4 of my neighbors up here to protest the zoning change" ;
5 considered the road to be a hazard and reported he had
6 just built a $30 , 000 garage on Penrod just to get away
7 from exiting onto 37th where his family had been hit
8 four times.
9 Roger Rafferty, 3630 Penrod Lane, said his property
10 would border the southeast corner of the lot in
11 question;
12 indicated he was "totally opposed" to a double
13 bungalow on that lot;
14 questioned whether a double bungalow with a double
15 garage would meet the site requirements;
16 asked "why create any more rental property when what
17 the City needs is young families who own their homes
18 in the City?" ;
19 said a double bungalow meant two families had to con-
20 tend with the hazards on 37th.
21 Mike Solz , who Mr. Anderson said owned the property at
22 3636 Penrod Lane, was present and nodded his head when
23 his neighbor said he opposed the property.
24 Mr. Lee indicated he had been a St. Anthony resident
25 and owned property there since 1929 and he had serious
26 doubts whether any type of residential development
27 should be allowed on that busy corner;
28 wondered if the City couldn' t make some use of the
29 property and build something to facilitate traffic,
30 like perhaps another turning lane for that corner;
. 31 was told by the Chair that she perceived the City
32 wanted to put the property to use to get some tax
33 ' dollars from it.
34 Proponent: Scott A. Holm, President of Reliable Builders, identi-
35 fied himself as the builder and said he probably should
36 have talked to the neighbors before the hearing;
37
14
• 1 indicated he didn' t usually buy property without coun-
2 sel and said in this case he had qotten that from Henn-
3 epin County who told him "this would be a beautiful
4 spot for a double bungalow" ;
5 said he had also talked to builders around the City and
6 Mr. Childs about the property;
7 told the owners he understood their concerns about
8 rental property but the prospective owner-buyer would
9 be occupying a unit himself and would be most likely to
10 carefully scrutinize anyone who lived next door;
11 said actual plans for the house are "beautiful" and not
12 at all similar to his own rough drawings which were not
13 intended for approval at this point;
14 indicated the plans for the dwelling he had with him
15 were for a structure which would sell for $152 ,000 and
16 would be much nicer than the double across the street;
17 did not perceive it would be very desirable for a fam-
18 ily to have a single dwelling on the lot where it would
19 be better suited for a double bungalow;
• 20 debated the point raised by Mr. Smith saying a well
21 designed double bungalow on that corner would not
22 diminish the surrounding property values;
23 told Commissioner Wagner he was planning a four car
24 garage with access off both Silver Lake Road and 37th
25 Avenue, although "that might be hoping for too much. " ;
26 told the Chair the back of the house would be tucked in
27 with only a little over one story exposed and he would
28 not be removing any dirt from the rest of the lot;
29 was told by Commissioner Hansen that seeing his plan
30 would be irrelevant at this stage since the Commission
31 decision whether or not the lot should be rezoned
32 would not be based on any plan for the property.
33 Commission Reaction
34 Franzese: told Mr. Anderson the county had cut down that lot
35 which greatly improved the visibility on that corner;
36 noted that the sketch in the agenda packet showed the
37 building set back far enough not to obstruct the view
38 no matter how high it might be;
• 39
15
1 commented that before the double bungalow across the •
2 street had gone up, she had a hard time visualizing
3 anyone living there or trying to exit from the pro-
4 perty - now there are people coming and going from
5 that property all the time.
6 Madden: indicated his first impression had been that the lot
7 certainly had the footprint for a single family dwell-
8 ing but not a double bungalow; however
9 he wasn' t ready to make a final decision yet.
10 Werenicz: said he didn' t doubt Mr. Anderson could have mustered
11 more support for his position if he had more time,
12 "having seen that happen many times before. " ;
13 said the fact that the neighbors who would be the
14 most impacted by the project were so strongly opposed
15- to rezoning -the property should have some bearing on
16 the decision since the Commission has always been
17 sensitive to the neighborhood reaction;
18 did not believe that by denying the change in zoning
19 the property would be unmarketable because he per-
20 ceived "there' s always a buyer out there somewhere. " ;
21 concluded that if the property remained R-1 , the City
22 would still benefit from the taxes .
23 Wagner: said he also opposed rezoning the property because the
24 neighbors don' t want it;
25 also indicated he didn' t perceive it would be wise to
26 add traffic from a two family dwelling onto that busy
27 intersection which is already very congested.
28 Hansen: pointed out that a large single family home could pose
29 just as much visual obstruction as a double bungalow
30 because it could be built just as big or bigger than a
31 double;
32 said he could show the opponents single family homes
33 with eight cars in the driveway and rental properties
34 with only two;
35 indicated there were many double bungalows he'd rather
36 live next door to than singles;
37 perceived the neighbors would really rather see nothing
38 built there and cautioned there could be "worse
39 things than doubles. " ; •
16
• 1 however, agreed with the neighbors that it wasn' t a
2 good location. for a double family dwelling and was
3 inclined to say "keep it single family. " .
4 London: indicated he was "strongly sympathetic" with the
5 neighbors because he didn' t see a compelling reason
6 to change the zoning to R-2 ;
7 said he thought the neighbors had every reason to
8 expect their neighborhood to stay single family.
9 Brownell: perceived that would be a difficult corner to put any-
10 thing on because of its location and landscaping;
11 agreed with the neighbors that the City should con-
12 tinue to maintain the integrity of that tract of land
13 rather than changing it.
14. Franzese: said the bottom line with he was to keep the property
15 R-1 avoiding the inclination to "equate less desirable
16 property to R-211 ;
17 perceived adding to the congestion problems would only
18 make it all the more difficult for the neighbors to
�19 exit from their homes.
20 The hearing closed at 9.: 15 P.M.
21 Commission Recommendation
22 Motion by Wagner, seconded by Werenicz to recommend the Council deny
23 the request to have the property at 3657 Silver Lake Road rezoned from
24 R-1 , single family residential to R-2 , two family residential,
25 primarily because the neighbors object to it and to rezone the
26 property now, when they have purchased their homes under the
27 existing condition, would probably not be fair to them without their
28 approval. The Commission sees no benefit to be derived from making
29 - the property R-2 at this time.-
30 Motion carried unanimously.
31 The Chair reminded those present that the Council makes the final
32 . decision and strongly advised all who were interested to attend the
33 February 24th meeting where the proposal would be given another
34 hearing. She commended the neighbors for keeping aware of the
35 notices and coming to the hearing to have their concerns heard.
36 Later in the evening Mr. Childs advised the Commissioners that the
37 applicant did not contact him until after he had already purchased the
38 property. The Manager said he had also advised the builder to
•39 contact the neighbors, which he had obviously not done.
17
1 HRA Still Looking for a Firm Bid on Kenzie Project •
2 The Manager then reported on the "Catch 22" situation the H.R.A.
3 found itself in regarding developing the final phases of the Kenzie
4 Terrace Redevelopment Project with no firm commitment from either
5 Gaughan or Lang Nelson and the danger that the interest rates would
6 jump again. He said both developers are earnestly looking for
7 financing, with Lang Nelson working with Juran Moody as Commissioner
8 Brownell, who works for the investment company probably already knows.
9 Mr. Kr.ier is working with both developers to. see who has the best
10 financial potential on which to make a choice and should have someth-
11 ing to report soon.
12 Decision on Parkview Up to School
13 Mr. Childs told Commissioner Hansen even though the. Council scheduled
14 their meeting on the same night as the school board meeting, the
15 Council felt that the decision needed to be made by the school anyway.
16 The Manager told Commissioner London the use of the gymnasium for a
17 fire station was not a negotiable item in discussions with the school.
18 No Further Word Related to the Proposed Medical Building Next to the
19 Kenzington
20 Mr. Childs reported Waco Scaffolding is using the back Berger Transfer
21 building and there are no further developments he knew about related
22 to the development of the lot on Kenzie Terrace which is part of
23 the Kenzie project.
24 Hansen Unhappy With Council' s Ignoring Commission' s Unanimous recom-
25 mendation to Deny the Mickey D' s Restaurant Signage
26 The Commissioner asked what the major consideration was which in-
27 fluenced the Council not to follow the Commission' s findings and
28 wondered if the Commission representative ' s report had any bearing on
29 the outcome. Commissioner Madden said he perceived the photographs
30 the applicants brought with them demonstrating the poor exposure the
31 restaurant had from the east appeared to change a couple of Council-
32 members ' minds.
33 Commissioner London said he was also quite upset by the decision,
34 perceiving the applicant knew exactly what he was doing when he came
35 up with all the "phony" sign measurements. He said he didn' t recall
36 the Commission giving Mr. Farrell "a bad time" or being "hostile" to
37 him as he reported to the Council. He said the restaurant could
38 easily have been in compliance with . the ordinance by having two
39 smaller signs which more clearly identified the business.
40 Commissioner Hansen commented that he P erceived the roof sign to be
41 the "ugliest in town" and certainly didn' t tell the public anything
42 about what the business was. The Commissioner said he perceived the •
18
1 City was getting to be a soft touch "giving into applicants who
2 ignore the ordinance; put up their non-conforming signage; and then,
3 come in for approval, which is never denied. "
4 Commissioner Werenicz perceived it had been the same thing with the
5 Dairy Queen, but he who had qone at tooth and nail with the applicant
6 at the July meeting finally was hesitant to be the one .to say tear
7 your $5,000-$6 ,000 sign down.
8 Mr. Childs asked if they had noted the New York appeals case where in
9 spite of a New York Planning staff goof in the beginning, the builder
10 was ordered by an appeals court to tear the top twelve floors off his
11 building to the tune of over 20 million dollars because the court
12 held "reasonable diligence" by a "good faith inquirer" would have
13 uncovered the true zoning rules. In the case of Mickey D' s sign, Tim
14 Gow should have known better, did know better, and wasn' t truthful
15 about other municipalities measuring signage the way he did.
16 Commissioner Hansen indicated he believed the Council owed the
17 Commission some explanation about that decision.
18 Mr. Childs reported the latest developments on the temporary shelter
19 erected in front of Mickey D' s to keep the windows from falling in
20 where the contractor- failed to prove bonding, and the shelter is still
21 up. He concluded by saying staff puts forth a real effort to work
22 with business people and to give them the benefit of a doubt and 99
23 out of 100 times it works out fine - but every so often the City gets
24 taken advantage of, as discussed.
25 Legislative Changes Related to Planning Being Proposed
26 Chair Franzese sent around copies of potential changes in planning
27 which might impact on the Commission' s future decisions.
28 Franzese Commended for the Fine Service to the Commission
29 Motion by Hansen, seconded by Wagner to thank Rosemary Franzese for
30 the three years of fine service she had rendered the City on the
31 Planning Commission.
32 Motion carried unanimously.
33 ADJOURNMENT
34 Motion by Madden, seconded by London to adjourn the meeting at 9: 50
35 P.M.
36 Motion carried unanimously.
37 Respectfully submitted,
• 38 Helen Crowe, Secretary
19
` u
i la SATE : AP O p)
January 14, 1988
Planning Commission Members
David M. Childs City Manager
3 T EIM : APACHE SQUARES SHOPPING CENTER - SIGNAGE
According to Section 430:40, Subd. 8.b. (3) of the City Sign Code (attached) , a
free-standing sign for a shopping center (up to 300 square feet in size) is allowed
subject to approval of the City Council .
EFH Co. , owners of the Apache Squares Shopping 'Center west of Apache Plaza on 39th
Avenue N.E. , are requesting such a sign as shown on the attached sketches.
They have also enclosed, for your review, a' copy of their overall sign plan for the
individual businesses in the center.
The sign ordinance allows up to 300 square feet for the free-standing sign. The pro-
posed sign contains 80 square feet of sign surface area.
With respect to the building wall signs for each business - with four businesses,
each would be allowed 88 square feet of wall signage and the sign plan shows a
maximum of 28 square feet per sign (18 inches X 16 feet plus 4 square feet for
logo) . Even with 8 separate entities in the building - they would comply with the
square footage requirements of the ordinance.
p
:cjk1.19.88
Section 430
Page 11
�'. Manager, may erect and maintain a maximum of three direction
signs on municipal rights-of-way; provided, that no church may
erect or maintain more than one such sign at any intersection.
b. The following signs are allowed in a "B" Service Office Limited
Business District and "C" Commercial Districts and may be
erected after obtaining a permit and paying required license
fee as duly set by the Council from time to time:
1 . One identification sign per commercial establishment, having
not more than 2 square feet of surface area per lineal foot
of business frontage, up to a maximum of 150 square feet;
provided that the total area of all wall signs affixed to a
wall shall not exceed 15% of the total area of that wall .
- 2. A gasoline station shall be allowed, in addition to all other "
authorized signs , one pylon sign to identify the gasoline
brand, which shall not exceed 30 feet in height and which shall
have a minimum clearance of 12 feet from the basic grade
level to the lowest element of the sign surface and which
shall not exceed 50 square feet in sign surface area. Such
an establishment shall also be allowed one price sign, not
to exceed 8 square feet in sign surface area, for each
frontage having a curb cut. Such freestanding sign and
price signs shall be in addition to those signs allowed in
Part b. (1 ) of this Subdivision.
3. Subject to approval of the Council , a shopping center may
be allowed a pylon sign not exceeding 300 square feet in
sign surface area.
4. A commercial establishment located within a shopping center,
having no outside frontage, shall be allowed a surface sign
area of one-half of that which it would be allowed if it
had outside frontage.
5. Commercial establishments shall be allowed, in addition to
all other authorized signs, one historical identification
symbol , not exceeding 5 square feet in sign surface area.
c. The following signs are permitted in a Light Industrial District
and may be erected after obtaining a permit and paying re-
quired license fee as duly set by the Council from time to time.
1 . One business or identification canopy or wall sign per tenant
as regulated in part b. (1) of this Subdivision or one
freestanding sign as regulated and permitted in 430:40.
Subd. 6.
2. In a district zoned for light industrial businesses, signs
containing one square foot for every 100 square feet of
ground floor space shall be allowed up to a total sign
surface area of- 150 square feet.
J
J
SHOPPING CENTER COMPREHENSIVE SIGN PLAN
APACHE SQUARES
- Maximum length of each sign to be 16 feet long
- Individual illuminated letters 1211. - 18" high
- Logos not to exceed 24" in height
- Colors to coordinate with building colors as well as
possible
- Placement to be as shown on attached rendering
•
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CROSSTOWN SIGN .
! 10166 CENTRAL AVE. N.E.
MINNEAPOLIS. MN 55434
CrRA pE •
an hon
Ula e
DATE : APPROVA '
February 12, 1988
TO : � •'
Planning Commission Members
F ROM :
David Childs, City Manager
DAIRY QUEEN SIGN VARIANCE
History
The history of this issue is very complicated, and minutes from a number of
meetings have been attached for your review.
Also attached is a rough draft of Helen's attempt at a near verbatim transcript of
the original meeting in 1986 where:
1. The drive-through was approved.
2. A free-standing sign was denied.
3. Plaisted was told he could retain the roof sign (even if he took it
down and put it back up) .
4. It appears that Plaisted was told that he would have to have variances
for the wall signs.
This was one of the very few Planning Commission meetings that I have ever missed
- and therefore I cannot be very helpful about what was said that night.
Current Issue
Mr. Plaisted was told in July of 1987 to apply for the variance and was told by
the Commission at that time that they would look favorably at the variances -
even though. they were -very disappointed with how the process had actuall=y worked:
Thus, this is a relatively simple matter - even though it took a lot of time and
energy to get here.
:cjk2.16.88
Date:
Fee: $25. 00
CITY OF ST. ANTHONY
,
PETITION FOR SIGN VARIANCE
-
Applicant: i'c �'(.wf e: 7f2
Address:
Status of applicant (o ner, buyer, renter, agent, etc. ) : /t��f�i�.�/✓
Le al descri tion of property petitioned for variance: G-�� [G�Z�/'
1
Street Address: � ti
Zoning district in which property is located: Ac� - u l
Of
Request
M . nesota Statutes and City Ordinances require that the following
conditions must be satisfied affirmatively. If the answer to a
statement is Yes, please explain, using additional sheets.
Yes No
1 . The granting of the variance will not be detri-
mental to the public welfare or injurious to
other property in the neighborhood or village ;
2 . A particular hardship to the applicant would re-
sult if the strict letter of the regulations
are adhered to; or /
3 . The conditions upon which the application for a y
variance is based are unique to the parcel of
land for which the variance is sought and are
not applicable, generally, to other property
within the same land-use classi ication
1
Signature of Applicant: L.
Signature of Owner ( if other th n applic t) :
_ _ _ H
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
February 16, 1988 at 7 : 35 P.M. in the Council Chambers of the
City Hall, 3301 Silver Lake Road (enter northeast corner) for the
following purpose:
Consideration of a request from Albert Plaisted, owner
of the St. Anthony 'Dairy Queen, 2612 Highway 88 , for
a sign variance to allow the following signs:
1. One 4 foot X 6 foot rotating .roof sign with Dairy
Queen logo; and
2. Two ( 2 ) wall sign units with 3 foot X 5 foot Dairy
Queen logos and individual lettering ( "Dairy Queen" ) ,
22 inches X 14 .feet each in size.
Anyone wishing to be heard with reference to the above matter
will be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881.
David M. Childs
City Manager
Bulletin: February 3 , 1988
<_AILING LIST - ST. A*TT:'ONi' DIAIRY QUEEN 2/88
Eberhardt Max Saliterman Town & Country Foods
3250 W. 66th Street 25 University Avenue S . E. 2550 Highway 88
P.O. Box 1385 Minneapolis , I,IN 55413 St . Anthony, MN 55418
Minneapolis, Ial 55440
St. Anthony Mobil
2616 Highway 88
St. Anthony, MN 55418
�2✓ M D, G If< S i C„v' w 0,oL b
Charles Anderson mcstly traffic concerns
Hansen asked how far window would be back.
order taking facility not on sketch. back about 15 feet from west
side of building.
Stacking straight line west to east. 32feet .
Plaisted said there would be two signs on the building.which say
drive through They would be arrowed to direct sta: ngers .
Hansen asked whether would be open all year round .
asked whether the Commission was addressing the sign variance
during permit hearing. Told different issue.
Werenicz asked whether the expansion was mainly for storage space
Anderson -gaining two feet in length in front room, not gaining
a lot of storage room because there already is
CL n second floor.
-- if going to put in drive through the building wouldn ' t
conform to the Center ' s architectural motif . .Barn style
isn 't acceptable center doesn ' t like it .
—. going to eliminate the second floor storage and elongate
the building to the west and square it off as a box.
storage in the baCK AND A LITTLE MORE ROOM IN THE FRONT
Plaisted long discussion of the difficulties with center ownership
with verbal agreement going along wj*h the center 's new roof
design , colors they want and they ' re teling him are going to
immediately go ahead withthe new fronts .
Franzese commended him for doing the ren -ovatio.n
Anderson: Mansokrd is going to be bronze , with light blue brick side
Dairy Queen has new style separating themselves from barn
l:.l;e appearance/ Putting in a six foot mansard on which there
would be the Dairy Queen logo and Dairy Queen letters strung
out on the face of the mansard . Typical of mansards found
in shopping centers .
No questions about signage . hearing closed .
Siren hearina�
showed colored drawing of what ' s suggested for center
Hamer —said staff had looked over and perceived Dairy Queen
was just trying to conform to center' s plans for the
center;
_. reported Eberhardt meeting with center owners in New York.
to take place in March of 1987 .
said Childs had recommended denial of a free standing sign
and recommened that "a wall signage be in lieu of existing
or on new mansard roof. Looking to sigage to match new
shopping center, leaving the existing sign in place.
., said he and Childs had both met with Merchants Assoc.
_ he presented an update to merchants on the beautification
program for that area . What ' s been done and what lookingat .
,said stores which are updating and stores which are moving
in were pressuring the center to renovate . Told alithe
storesmoving in. . . . . . . . . . . . . . . . .
Ms Seven getting things in line to do whole shopping center
in March.
didn ' t expect to get sign
Plaisted ,. gave reasons for pylon sign-- traditional DQ
-, argued should get if station has
Franzese rued other sign variances
Plaisted pointed out that Commission might have overlooked sign
on top of roof 6 X 8 rotates If can ' t get pylon
would like to keep
Franzese non-conforming right now 4s loing as you don 't alter
the sign you can keep it .
Plaisted going to take it down but would like to put it back
up Hansen - do it at night .
Don' t put in just kidding.
=3-
Franzese if 70% of non conforming structure is destroyed thin
you have lost the ability to use that non-conforming use .
but whereas you are not intending to alter the sign . . .
Werenicz also maintaing the D Q logo in the new mansard, also
h...e in addition to leaving the existing rotating sign up?
Plaisted yes . needs that at least for better sight from the highwa4
iL<<%el ,
from the. north. Can see Dairy Queen a block past the
stop signs
We 're not moving the building just adding on to the
front that stays exactly where it is as far as it ' s at .
so sign would be put back on the building - new building-
exactly where it is now. It shoul4make a difference
with how you're going to treat the other people in the
center because it ' s something that ' s. already there .
Not changing it or its size .
Hansen cane see *-mason why the existing sign would have to
go but I did hear something about an additional wall
sign which in itself would require a variance .
Franzese the type of sign is non conforming Your business
requires a sign. But as far as how much signage
you can get or how many signs that is governed by
i
ordinance. So) if you intend keeping the sign you have
( and in addition having another sign there would need
to be a variance for that other sign ,
Hansen only published for a free standing sign
Hamer Ordinance goes this way Every commercial business
shall be allowed one identifying sign per business .
So if you had another sign down below that would
constitute two signs .
-4-
Plaisted said he wished he would have brought that colored picture
said these letters which say Dairy Queen &n* this new
type mansarc% roof (not sloping to degree of existing)
roof comes from Dairy Queen. Only place you can buy
it has sign as part of the roof . That ' s DQ ' s
new roof and it says Dairy Queen right on it . N-;-'U
painted on but they are individual letters and part
of the roof.
Franzese asked if same color and material
Anderson No will be plastic standout , molded
Wagner: similar to ones on the sketch ?
Anderson Yes
., On that store Dairy Queen would like to see a logo
south and
on the east and north sides words Dairy Queen spelled
out.�n the east, south,ctnd north sides .
. which is in direct conflict with your ordinance
Of cours4in a strip center where you only have one
door to walk into you only have space for one sign,
Sewing Machine has signs on front and side .
Dairy QueeriSa little unique because traffic approaches
from all sides .
Hamer if a commercial store is facing two streets ,. streets,
not parking lots) it can have a sign on each frontage
Madden: supported the nstr.icti3n of pylon signs .
( i-Or
-. said theCommission couldn ' t address the status
of rotating sign which would not change as long
as building is not altered morethan 70%
suggested sit down wiht staff to see what his options
are Perceived the Commission should just act on
the free standing sign that evening .
-5-
Hansen asked to state his opinion said:
1 . was opposed to pylon sign. Perceived the Commission had
seen the first positive indication towards signage in the
center in the two and half-three years he had been on the
Commission and with Phase III coming that ' s going to take
out the old shoppng center and.0 with what the owners are
intending to do, would be opposed to granting any variances
at this time until we see hots we come out .
Madden said he likewise was opposed to tke, pylon sign even
though he sympathized with the applicant who ' s sitting
adjacent to afpylon sign which the ordinance permits and
a sign for ashopping center which the Ordinance permits .
,Told applicants he could see where you people would wonder
why everybody couldn 't have the same signage but the
Ordinance doesn't allow it and I support the Ordinance
and would be opposed to granting the variance.
., Made motion to deny hoping the uniform signage which is
supposed to come is coming, we can best deal with that
without any further variances in the shopping center.
another sign with the
said with the options of the rotating sign or/the Dairy
Queen logo in lieu of or substituting for , whatever,
thinks the best thing to do is to sit down with staff
and see what can be worked out to present something to
the Commission ,
P1aISTED SAID %E had colored pictures to show you .
Hansen told him he wasn ' t alone Wefve had a number of people in
that center and if you think you 're hard to identify ,
Bill Sch&nn and others who are buried back there have .
the same problems , I see some very positive things coming - -
Franzese Thinks that ' s the key to end on a positive note applauding
you for your remodeling efforts and everything you are doing
-3-
R Y(
1 b. there was no one present during the hearing who spoke in opposition to the
2 variance and staff reported receiving no calls for or against the request
3 prior to the hearing;
4
5 c. the alleyway between this property and St. Anthony Boulevard is not a
6 thoroughway and, therefore, a 30 foot setback in this instance might be -
7 excessive; and
8
9 d. extending the breezeway would bring i,t into alignment with the existing
10 garage.
11
12 Motion carried unanimously.
14 REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH FACILITY FOR DAIRY QUEEN
15
16 The Chair opened the hearing at 7:54 P.M.
17
18 Notice of the hearing had been published in the October 8th Bulletin and mailed
19 to all property owners of record within 350 feet of the subject property. No
20 one present reported failure to receive the notice or objected to its content.
21
22 Request: conditional use permit in' a commercial zone to include a drive-through
23 window as part of an expansion and remodeling project in the St.
24 Anthony Shopping Center.
25
26 Proponents: Albert Plaisted, 5210 O'Connell Drive, Moundsview, owner
27 Charles Anderson, 2827 Helen Street, Maplewood, contractor
28
29 Opponents: none.
30
31 Staff input: indicated no change from current traffic flow planned;
32 raised no objections to request;
33
34 showed colored sketch of plans the St. Anthony Shopping Center
35 owners have indicated they intend to implement by March, 1987
36 on which the applicant has indicated he- intended to model his
37 existing structure;
38 suggested curbings rather than lines might better distinguish
39 the traffic direction for its -drive-through customers. He said
40 the existing traffic arrow in the same area had only been intended
41 by the shopping center management to indicate slant parking.
42
43 proponents' Response to Commission Questions
44
45 Traffic flow: west to east past window with ample room for two vehicles
46 to pass if driver attempted to follow existing patterns.
47
48 Eberhardt wants traffic flow to remain as is with no curbings
49 because of snow storage;
50 from one to three existing parking stalls to be removed;
51
52 Center anticipates no need to use parking near Dairy Queen
53 because parking forecasts have been revised.
54
55 Building to match proposed center store front renovation: bronze
56 design: mansard roof with light blue brick facia, signage on mansard
57 to match center plans;
-4-
1 structure to be expanded 388 square feet with window;
2 installed 15 feet west of backside allowing three cars to
3 be stacked west to east;
4
5 would maintain walk-in service from two foot expansion in
6 front;
7 area to rear would accommodate storage lost in existing
8 second story;
9
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
12 all Dairy Queen stores are dro
13 pping barn-like design.
14 Facility: drive-through window would be used' by 20% of customers from
15 "day one" .
16
17
Lease-: center agreed to have store- closed over holidays.
19 The hearing closed at 8:12 P.M.
20
21 Commission Recommends Permit Be Granted
22
23 Motion by Hansen, seconded by Wagner to recommend the Council grant the requested
24 conditional use permit in a commercial zone to Albert Plaisted which would allow
25 the construction of a. drive-through window at the Dairy Queen, 2612 Highway
26 88, as part of his proposal to expand and remodel. his store at that location
27 on the conditon that markings on the surface of the adjacent parking area
28 as well as signage be provided to direct traffic past the drive-through window
29
30 in a proper manner.
31 In recommending the Council grant the permit, the Planning Commission finds
32 that:
33
34 1 . the applicant had answered all three questions on .the application in
35 the affirmative as required by statute;
36
37 2. the addition of the drive-through facility would not appear to interfere
38 with existing traffic flow patterns or cause unusual congestion problems
39 that would be peculiar to that area;
40
41 3. no one appeared during the hearing to speak in opposition to the proposal
42 and staff reported receiving no calls against it prior to the hearing;
43
44 4. the applicant appears to be making every effort to upgrade his property,
45 improve its appearance, and bring it into conformance with what is
46 seen to be 'a positive approach b the owners to upgrade pgrade the entire
,.48 shopping center.
49 Motion carried unanimously.
51 REQUEST FOR ADDITIONAL .SIGNAGE FOR DAIRY QUEEN
52
53 The Chair opened the hearing at 8: 15 P.M.
54
55
1 structure to be expanded 388 square feet with window;
2 installed 15 feet west of backside allowing three cars to
3 be stacked west to east;
4
5 would maintain walk-in service from two foot expansion in
6 front;
7 area to rear would accommodate storage lost in existing'
8 second story;
9
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
12 all Dairy Queen stores are dropping barn-like design.
13
14 Facility: drive-through window would be used by 20% of customers from
15 "day one" .
16
18 Lease: center agreed to have store- closed over holidays.
19 The hearing closed at 8:12 P.M.
20
21 Commission Recommends Permit Be Granted
22
23 Motion by Hansen, seconded by Wagner to recommend the Council grant the requested
24 conditional use permit in a commercial zone to Albert Plaisted which would allow
2' the construction of a drive-through window at the Dairy Queen, 2612 Highway
27 88, as part of his proposal to expand and remodel his store at that location
28 on the conditon that markings on the surface of the adjacent parking area
as well as signage be provided to direct traffic past the drive-through window
29
30 in a proper manner.
31 In recommending the Council grant the permit, the Planning Commission finds
32 that:
33
34 1 . the applicant had answered all three questions on the application in
35 the affirmative as required by statute;
36
37 2. the addition of the drive-through facility would not appear to interfere
38 with existing traffic flow patterns or cause unusual congestion problems
39 that would be peculiar to that area;
40
41 3. no one appeared during the hearing to speak in opposition to the proposal
42 and staff reported receiving no calls against it prior to the hearing;
43
44 4. the applicant appears to be making every effort to upgrade his property,
45 improve its appearance, and bring it into conformance with what is
46 seen to be a positive approach by the owners to upgrade the entire
47 shopping center.
48
49 Motion carried unanimously.
50
51 REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
52
-53 The Chair opened the hearing at 8: 15 P.M.
54
55
1 Notice of the hearing had been published in the October 8th Bulletin and mailed
2 to all property owners of record within 200 feet of subject property. No
3 one reported failure to receive the notice or objected to its content.
4
5 Requested: variance for a free-standing sign (60 square feet on each side)
6 for service establishment in addition to logo to be added to new
7 mansard roof on building.
8
9 Proponents: Albert Plaisted and Charles Anderson (same as for conditional
10 use pemit) .
11
12 Opponents: none.
13
14 Staff input: suggested recommendation of denial because center already has
15 large pylon sign;
16 proposed two alternatives available to applicant:
17
18 a. wall signage in lieu of existing non-conforming roof
19 sign; or
20 b. leave that signage in place rather than lose "grandfathered-in"
21 status.
22
23 reported Eberhardt representative had met with center owners
24 in New York and a plant for renovating the store fronts and
25 for uniform signage for the center had been developed as per
26 colored sketch provided the City;
27
28 perceived pressures from City, Merchants Association, and three
29 new tenants in center resulted in center owner allocating money
30 for proposed changes;
31 told applicant the current City Ordinance allows only gas stations
32 and shopping centers to have pylon signage, hence the sign on
33 the Mobil station next door.
34
35 Proponents Discussion of Their Request
36
37 believed should be allowed same type of signage as Mobil station next door
38 since only two free-standing buildings in center;
39 wanted free-standing sign to advertise specials and better store recognition
40 from Highway 88 if rotating sign is removed;
41
42 wants to maintain existing .sign on roof if request for this sign is refused;
'43 sign is part of mansard roof which all Dairy Queen stores would be having
45 from now on.
4 6 Commission Response
48 Franzese: not happy about second signs City has already approved in that
49 area.
50
51 Madden: supported the ordinance restriction of pylon signs;
52 told the applicant the Commission could only address his request
53 for a free-standing sign at that hearing and the status of the
54 rotating sign he currently has on his building would not change
�6' as long as it is not altered more than 70%;
-6-
1 suggested applicant sit down with staff to explore his other options
2 for signage acceptable to the City.
3 Hansen: would oppose any expansion of signage until he sees how new plans
4 for this center and the Kenzie Terrace Redevelopment Authority
5 project in the adjoining center progress.
6
7 Werenicz: perceived store needed some identification because Mobil station
g somewhat obstructed view from north but concurred with other Com-
9 missioners that signage need 'not be a free-standing sign.
10
11 The hearing was closed at 8:25 P.M.
12
13 Commission Recommends Council Deny Free-Standing Sign for Dairy Queen
14
15 Motion by Madden, seconded by Werenicz to recommend the Council deny the request
16 for a free-standing sign for the St. Anthony Dairy Queen at 2612 Highway 88,
17 in anticipation that uniform signage for the entire shopping center would
18 be forthcoming and the City could best deal with that probability by not granting
19 any further signage variances in the St. Anthony Shopping Center.
•20 Motion carried unanimously.
21
22
23 RE UEST FOR SIGNAGE FOR J. T. VARGAS REAL ESTATE OFFICE AT 3909 SILVER LAKE ROAD
24
25 The Chair opened the hearing at 8:37 P.M.
26
27 Notice of the hearing had been published in the October 8th Bulletin and mailed to
28 all property owners of record within 200 feet of the subject property.
29
30 Request: variance to Ordinance regulations related to free-standing signs
31 to allow installation of an 8 foot X 3 foot (24 square feet on each
32 side) sign in same location where several unacceptable signs for
33 previous tenants had been sited.
34
35 Proponents: Jose T. Vargas, same address.
36
37 Opponents: none (and no calls received by staff) .
38
39 Staff input: perceived neither the sign erected by the last tenant nor the
40 sketch of the sign the applicant proposes to replace it with .
41 was exactly what the Commission had in mind for the "groundhugging
42 a sign which should have had no more than six inches between
43 it and the berm below it�� the City had previously approved;
44 recommend approval only if sign extends the full length of the
45 berm or is reduced to fit the berm;
46
47 agreed to let Mr. Vargas know the following day whether there
48 would be adequate space between the berm and the County right-of-way
49 to provide the required setback if he sloped the berm towards
50 the street;
51 suggested the townhome signage next door would be a good model
52 to follow.
53
54
55
-3-
Motion carried unanimously.
PLAISTED REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH WINDOW FOR DAIRY QUEEN
Application for: conditional, use permit in a commercial zone to include a drive-
through window in the expansion and remodeling of that St. Anthony
Shopping Center store.
Proponents: Albert Plaisted, 5210 O'Connell Drive, . Moundsview, MN (owner).
Charles Anderson of Blue Line Construction, North St. Paul (contractor)
Opponents: None.
Staff input: provided- picture of another Dairy Queen store which would differ
from this one mainly in that no roof would be constructed over the
drive-through area;
raised no objections to request.
Commission recommendation.: approval with conditions related to traffic flow
patterns.
Council Action:
Motion by Marks, seconded by Makowske to grant the requested conditonal use permit in
a commercial zone to Albert Plaisted which would allow the inclusion of a drive-
through window in conjunction with the proposed expansion and remodeling of the Dairy
Queen at 2612 Highway 88 on the conditon that markings on the surface of the adjacent
parking area as well as signage be provided to direct the traffic past the drive-
through window in a proper manner.
In granting the permit, the Council finds, as did the Planning Commission, that:
1 . the applicant had answered all three questions in the application in the
affirmative as required by statute;
2. the addition of the drive-through window would not interfere with existing
traffic flow patterns or cause congestion problems that would be peculiar
to that area;
3. no opposition to the permit was demonstrated at either the October 21st
Commission hearing or the Council consideration October 28th, and staff
reported receiving no calls related to the variance prior to either meeting; and
4. the applicant appears to be making every effort to upgrade his property,
improve its appearance, and to bring it into conformance with what is seen
to be a positive approach by the center owners to upgrade the entire shop-
ping center.
Motion carried unanimously.
REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
Application for: variance to Sign Ordinance which would allow a free-standing sign
(60 square feet on each side) in addition to logo on new roof.
-3-
af, / q ��
Motion carried unanimously.
PLAISTED REQUEST FOR CONDITIONAL USE PER14IT FOR DRIVE-THROUGH WINDOW FOR DAIRY QUEEN
Application for: conditional use permit in a commercial zone to include a drive-
through window in the expansion and remodeling of that St. Anthony
Shopping Center store.
Proponents: Albert Plaisted, 5210 O'Connell Drive, Moundsview, ' MN (owner)
Charles Anderson of Blue Line Construction, North St. Paul (contractor)
Opponents: None.
Staff input: provided picture of another Dairy Queen store which would differ
from this one mainly in that no roof would be constructed over the
drive-through area;
raised no objections to request.
Commission recommendation: approval with conditions related to traffic flow
patterns.
Council Action:
Motion by Marks, seconded by Makowske to grant the requested conditonal use permit in
a commercial zone to Albert Plaisted which would allow the inclusion of a drive
through window in conjunction with the proposed expansion and remodeling of the Dairy
Queen at 2612 Highway 88 on the conditon that markings on the surface of the adjacent
parking area as well as _signage be provided to direct the traffic past the drive-
through window in a proper manner.
In granting the permit, the Council finds, as did the Planning Commission, that:
1 . the applicant had answered all three questions in the application in the
affirmative as required by statute;
2. the addition of the drive-through window would not interfere with existing
traffic flow patterns or cause congestion problems that would be peculiar
to that area;
3. no opposition to the permit was .demonstrated at either the October 21st
Commission hearing or the Council consideration October 28th, and staff
reported receiving no calls related to .the variance prior to either meeting; and
4. the applicant appears to be making every effort to upgrade his property,
improve its appearance, and to bring it into conformance with what is seen
to be a positive approach by the center owners to upgrade the entire shop-
ping center.
Motion carried unanimously.
- REQUEST 'FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
Application for: variance to Sign Ordinance which would allow a free-standing sign
(60 square feet on each side) in addition to logo on new roof.
-4-
Proponents: same as for conditional use permit.
Opponents: none.
Commission recommendation: agreed with staff recommendation that "pylon" sign
should not be allowed.
Council Reaction:
Makowske - told proponents that free-standing signs had been denied for Zantigo
Restaurant in Apache Plaza as well as other types of City businesses
in the past.
Ranallo - said the Council had also denied additional signage for Slumberland,
etc. in the same center to avoid proliferation of signage.
Sundland - recalled a long history of opposition to "pylon" signs in St. Anthony.
Marks - agreed with Commission suggestion that a moratorium on further signage
in the center be imposed in anticipation of a uniform sign policy
being instituted with the new store fronts.
A colored drawing of what the Eberhardt Company envisioned the St. Anthony Shopping
Center would look like after the new store fronts and canopy over the walks
had been installed with the funds the center owners had allocated for that purpose
had been shown by staff at both the Commission hearing and that evening.
The Dairy Queen owner told the Councilmembers his decision to remodel his own
_._store to conform to that design had been predicated upon-the "verbal " agreement
he had with Lara Seven, who manages the center for Eberhardt, who he said he
considered to be "one of the best manager's they've ever had down there, having
found tenants for all the empty stores with a waiting list to fill any future
vacancies". Mr. Plaisted said he perceived the owner's willingness to finally
make these improvements had to some degree resulted from the manager's telling
them he had threatened to move his Dairy Queen away from the center if substantial
improvements, to the center as a whole were not made .immediately. Other factor's
in that decision, as the franchise owner saw them, were the fact that the Eberhardt
representative recognized that "there wasn't a single store owner in the center
who didn't want the improvements made and that the City' s patience with the
owner's failure to make any changes down there had just about run out" .
There was a general Council concurrence with the last statement and Councilmember
Ranallo added that the City had even offered to support Industrial Development
Bond financing for those improvements.
Mr. Childs pointed out that there would still be a Dairy Queen logo on the mansard
roof which would be in keeping with the signage proposed for the rest of the
stores in that shopping center and that the existing revolving sign on top of
the building now had been "grandfathered in" with the new Sign Ordinance.
Motion by Marks, seconded by Enrooth to follow the Pladning Commission recommenda-
tion to deny the request for a free-standing sign for ,the St. Anthony Dairy
Queen at 2612 Highway 88, in anticipation that uniform signage for the entire
shopping center would be forthcoming and the City could best deal with that
probability by not granting any further signage variances in the St. Anthony
Shopping Center.
Motion carried unanimously.
.A 1421,
1 _g_
2 2 . that no vegetation higher than 3-1/2 feet be planted along
3 37th Avenue from Roosevelt Street to the eastern edge of the
4 house; and
5 3 . that no curb cut off on 37th Avenue be allowed.
6 In recommending these variances be granted, the Planning Commission
7 finds that:
8 *other uses of the lot seem to be limited;
9 *the extent of the variance request presented at this time dif-
10 fers greatly from the variances which were denied in 1979 for a
11 duplex;
12 *all three conditions required by statute to be satisfied affirma-
13 tively before these variances can be granted have been met and
14 satisfactorily addressed by the applicant in his petition.
15 Motion carried unanimously.
16 MISCELLANEOUS
17 _Dairy Queen Owner Explains SiQnage
18 In his July 17th memorandum to the Commission related to the signage on
19 the above, Mr. Childs reiterated the differences in perceptions which
20 had arisen since the Dairy Queen had been remodeled with two identifying
21 signs in the mansard and retention of the revolving roof sign, which had
22 been "grandfathered in" with the 1973 City Ordinance. As indicated in
23 the minutes of the October 21, 1986 Planning Commission hearing on
24 proposed signage for the establishment, the City Manager reiterated
25 that he had not been in attendance, but rather the Public Works
26 Department Director had given the staff report on the signage request.
27 The Manager said what he had perceived from hearing all sides of the
28 question was that members of the Planning Commission, the Dairy Queen
29 owner, Al Plaisted, and Mr. Hamer was that "evidently not everybody
30 functioned on the same wave length .related to understanding that
31 meeting" because the Commissioners believe they were firm abou+- only two
32 signs being erected and Mr. Plaisted thought he was allowed three and
33 went ahead and put up all three when the facility was remodeled to match
34 the new design adopted for all Dairy Queen stores. A copy of the June
35 28 , 1987 , letter to Mr. Plaisted from Charles Anderson of the Blue Line
36 Construction Company, contractors for the project had been included in
37 the agenda packet and set forth the contractor ' s understanding of the
38 events which led to the erection of three signs on the store. The
39 Commissioners had also been provided with copies of the pertinent
40 minutes of the October 21st meeting in their agenda packets.
1 -9-
2 A sketch of the elevations of the new store which, it was agreed., had
3 not been presented at either the Commission hearing or Council
4 - consideration October 28th, was also included.
5 The informal discussion which followed brought out the following
6 comments:
7 Madden -said he had been very surprised when what he thought was a
8 "remodeling project" turned out to be a complete removal of
9 all but the foundation and floors of the existing store.
10 Childs -gave the Chair Pro Tem the signage which the store would be
11 allowed under the Ordinance and added the instances where the
12 City has allowed a second sign when a store fronts on two
13 streets. Mr. Childs later confirmed that the store is be-
14 tween platted streets , a service road Sunset and Highway 88 ;
15 -also confirmed that the store size had gone from 693 square
16 feet to 1 ,100 square feet with the new addition;
17 -estimated the total current signage to be about 150+ square
18 feet which is not much above what would be allowed by vari-
19 ance for two signs.
20 Plaisted -said the sign on top of the building is 6 X 8 . The sign on
21 the back of the building before the remodeling was 8 X 10 and
22 the signage on front was a "Blizzard" sign which was up for
23 many years;
24
25 -agreed the plans which had been given the Commission at the
26 October 21st meeting were a sketch of the remodeling plans
27 and not the sketch in the agenda packet that night;
28 -insisted the Commission had been shown pictures of another
29 Dairy Queen store showing both sides of the proposed build-
30 ing, including two signs in the mansard roof , during the
31 hearing;
32 -insisted pictures had never been returned to him.
33 werenicz -said his recollection of the October 21st meeting was that
34 the big issue had been whether the rotating sign would
35 remain;
36 -said he certainly hadn' t envisioned the extent of the "remo-
37 deling" which had followed and had come away from the meeting
38 thinking only the rotating sign and one other wall sign had
39 been agreed to;
:0 -said he was certain "no one in the Commission had envisioned
41 the building coming down. "
1 -10-
2 Plaisted -certainly wouldn' t have spent $9 , 000 on those signs unless he
3 was certain the City was going to allow them;
4 -considered the building permit he was issued as the authori-
5 zation of the signage as well as the construction project.
6 Childs -indicated he was also surprised when he saw the entire build-
7 ing gone but upon looking at the sketch the City had been
8 provided at the hearing could see where with the elimination
9 of the space within the dotted lines "there probably wasn' t
10 much left of the old building in that sketch either. "
11 Wagner -said he could see that where the City could say that, with
12 the building gone, the rotating sign was no longer "grand-
13 fathered in" and would require a variance to put it back, as
14 stated by Commissioner Madden during the October 21st hear-
15 ing.
. 16 Childs -said from an objective view, since he was not present at the
17 hearing, the reality of the situation was that' there were
18 obviously differences of opinion of what happened at the
19 hearing; the building and signs are up; and it now remains to
20 determine what the City' s position is related to the signs
21 that are there.
22 Plaisted -reiterated that the building permit he held in his hands. was
23 "your OK of these plans" ;
24 -said his perception was "I 've been there since 1974 . I up-
25 dated the store to make it a respectable place and since
26 I 've done this , I 've gotten nothing but heat from -the City. "
27 Werenicz -said he wanted to be the first to compliment Mr. Plaisted on
28 the remodeling job with which "I couldn' t be more pleased" ,
29 but the fact remains that the Commission had come away from
30 the October 21st hearing believing they had only approved the
31 retention of the rotating sign on the roof and one other
32 additional sign.
33 Madden -told Mr. Plaisted he perceived part of the confusion came
34 from the construction letter to the store owner which said
35 that "at some point after starting construction, they were
36 notified by someone from the City that this building could
37 have two signs" ;
38 -asked who that someone was and how that had come about.
39 Plaisted -indicated he had come away from the hearing with the impres-
40 sion his signage was alright and had talked to Larry Hamer
41 about it later;
42
1 -11-
2
3 -added that the matter had been checked with two . people from
4 the City before ordering the $9 , 00 signs ;
5 -said he recognized there could have been some misunderstand-
6 ing about the signs , but there was certainly none in his
7 mind when he ordered those signs because experience with
8 other stores had taught him to be sure he had City approval;
9 -said he never understood thee was a misunderstanding until he
10 got the City' s letter about the signs; *
11 -said he had consulted a lawyer after the letter arrived and
12 had been told to "cooperate with them. "
13 Wagner -assured Mr. Plaisted that was what the Commission was also
14 trying to do;
15 -was told the rotating sign is now 6 X 8 .
16 Childs indicated that if the City gives Mr. Plaisted 'a variance for
17 the second sign because the store fronts on two streets, he
18 could have 144 square feet total signage under the Ordin-
19 ance and has about 150 square feet now (based on a rough
0 estimate) .
21 Plaisted -complained that he had to remove his new window signs even
22 though the City' s liquor warehouse windows are "plastered
23 100% all over with signs" ;
24 -indicated he had concluded "it' s OK for you to operate that
25 way but not for me. "
26
27 Werenicz -told Mr. Plaisted that if he had seen the sketch provided
28 that night at the Commission hearing, he would clearly have
29 voted against the extra sign and he still perceived the
30 request had been somehow misrepresented at the hearing;
31 -added however, that the question before the Commission was
32 what do we do now?
33 Wagner -pointed out to Mr. Plaisted that the Commissioners perceived
34 the building had been altered more than 75% which had been
35 quoted as the point past which the rotating sign would not
36 have to be allowed;
37 -told the store owner the City had used this same formula for
38 not allowing the two florist companies to rebuild after the
39 tornado.
,0 Werenicz -assured Mr. Plaisted that this was not the first time where
41 the City had written letters to businesses about non-conform-
42 ing signage.
-12-
2 Childs -said if there is a Commission consensus the City could make
3 arrangements to have Mr. Plaisted apply for a variance for
4 the second mansard sign;
5 Wagner -said he would support a variance for two signs.
6 Werenicz -said he didn' t think the proposal had been presented to the
7 Commission as it should have been and next time he would not
8 be satisfied with ''letting the City look at it later, "
9 however, indicated he couldn' t see forcing additional costs
10 to rectify the mistakes; and
11 -said he would recommend approval of the necessary variances
12 for the additional signage when it came before the Commis-
13 sion.
14 Plaisted -told Commissioner Wingard the shopping center owners are
15 responsible for resurfacing the parking lot around his
16 store. He said he has a letter from Eberhardt promising
17 the center would be updated if he rebuilt his 'store to
18 match their renovation plans. A threat to take legal action
19 against the owners had resulted in the attorney who is
20 supposed to be responsible for the center promising to come
21 to visit the store owner in July. The attorney had also
22 indicated the owners would not want the City to condemn
23 .. their property;
24 -said the business leaders were 100% behind the City taking
25 firmer measures against the center owners.
26 Childs -told the store owner he had certainly been more successful
27 in getting a more positive response than the City had been.
28 Mr. Plaisted was thanked for coming in and giving his side of the
29 controversy.
30 OTHER BUSINESS
31 The June 23rd advisory on recent U.S. Supreme Court case affecting
32 municipal zoning practices and the article from the .Engineering News
33 Record on the same issue which had been provided by Commissioner Madden
34 were discussed briefly.
35 Before the meeting was adjourned the new retail center near Apache and
36 the proposals the H.R.A. anticipates receiving from various developers
37 related to finishing the Kenzie project were reported on by the City
38 Manager.
39 The Stonehouse project also reported on including the possibility of
40 Mannings taking over the food service in the remodeled bar and the long
41 amount of time it takes to get steel roof trusses for the warehouse
42 portion.
. ai tifflha !e thr
DATE : A P P ROVA L :
February 18, 1988
TO :
Mayor and Councilmembers �
FROM : <,
David M. Childs, City Manager
REZONING REQUEST FOR 3657 SILVER LAKE ROAD
This is a request from Mr. Scott Holm of Reliable Builders, Inc. for rezoning of
the vacant lot at 37th Avenue N.E. (County Road "D") and Silver Lake Road from R-1
Single family residential to R-2, two family residential .
The applicant purchased the lot from Hennepin County Highway Department and
proposes to construct a double bungalow on the property. The lot meets minimum
size requirements for a R-2 zoning classification.
Property owners within 350 feet of the property have received notice of this
request, and as shown in the minutes a large number of them are opposed to the
request. The Commission recommend denial based on there being no other R-2 zoning
nearby east of Silver Lake Road, and that the neighbors were opposed to it.
In addition, a factor which might weigh against the request is the fact that the
Comprehensive plan show the property as single family, although that designation
was made when there was a single family home on the lot.
:cjk2.24.88
LAW OFFICES
HAN C E G LE VAH N , LTD.
• SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS, MINNESOTA SS418
EDWARD J. HANCE
JOEL. T. LEVAHN
PAUL W. FAHNING TELEPHONE
ALLEN R. DESMOND (612) 781-48S8
ASSISTANTS
TERESA H. CRAVEN
KATHRYN A. DAILEY
February 11, 1988
Mr. David Childs
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Captain Richard Engstrom
St. Anthony Police Department
3301 Silver Lake Road
St. Anthony, Minnesota 55418
• Chief Donald Hickerson
St. Anthony Police Department
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Gentlemen:
Enclosed herewith please find a copy of a report indicating
various matters conducted at the Hennepin County District Court
on February 88 .
Should yo ve any questions or comments, please contact me.
Yours v y tru y,
ED W CE
clo re
EJH/k
•
ST. ANTHONY PROSECUTION ACTIVITY
February 3, 1988
EDWARD J. HANCE LAW OFFICES, LTD.
Submitted by: Edward J. Hance
Prosecuting Attorney
2401 Lowry Avenue N.E. , Suite 200
Minneapolis, Minnesota 55418
Telephone: (612) 781-6539
A R R A I G N M E N T S - The Honorable Donald Burris
DEFENDANT PLEA SENTENCE
Allison, Warren Lee Charged with no insurance and
108 expired registration; No appearance
at February 3, 1988, arraignment;
Bench warrant issued.
Arbogast, Corey Andrew Charged with allowing uninsured
108 motor vehicle to be operated and
allowing unlicensed driver to
operate motor vehicle; No appear-
ance at February 3, 1988,
arraignment; Bench warrant issued.
Bertram, Brian Keith Charged with possession of small Fine - $100.00 , $70.00 stayed one
112, 114 amount of marijuana; Pled guilty. year; On condition of no same or
similar offense for one year.
Bockoven, Jerome Dean Charged with aggravated DWI, Sentencing will take place on
Engstrom, 108 gross DWI , gross alcohol February 8 , 1988, at 8:30 a.m.
concentration of . 10 or more before Judge Burris.
within two hours ( .20) , and
DAR; Pled guilty to gross
alcohol concentration of . 10
or more within two hours;
Other charges dismissed.
Carlson, Eric Brian Charged with gross DWI and gross
Engstrom, 114 alcohol concentration of . 10 or
more within two hours ( .14) ;
Arraignment continued until
February 17, 1988.
Coffman, Michael Wayne Charged with DAR; Charge Charge continued one year for
115 continued one year for dismissal dismissal on conditions of no dri-
due to Defendant' s good prior ver ' s license violations for one
record. year and payment of $25.00 in court
costs.
Emerson, Timothy James Charged with no insurance and
114 failure to stop for stop sign;
Arraignment continued until
February 17 , 1988.
Fabritz, Timothy Mark Charged with DAS , operating motor Fine - $100.00 or five days.
112 vehicle without valid Minnesota
driver' s license, and speeding;
Pled guilty to DAS charge; Other
charge dismissed.
Harshberger, Irvin Zenas Charged with DAR and -no Jail - 30 days, 25 days stayed one
115 insurance; Pled guilty to DAR; year; On condition of no traffic
Other charge dismissed. charges of any nature until
Defendant obtains valid driver ' s
license.
Iverson, Alan Harold Charged with DAR, no insurance, Jail - 20 days, 18 days stayed one
113 giving false information to year; On conditions of no driver ' s
police officer, and illegal use license, insurance, or giving false
of another vehicle' s tabs; Pled information offenses for one year .
guilty to DAR; Other charges
dismissed.
Ives, Timothy John Charged with DWI , alcohol con-
113, 115 centration of . 10 or more within
two hours ( .11) , alcohol concen-
tration of .10 or more ( .11) ,
DAS , and no insurance; Pre-Trial
set for March 2, 1988.
Ives, Jr. , Walter John -Charged with possession of small Fine - $100.00 , $70.00 stayed one
112, 114 amount of 'marijuana; Pled guilty. year; On condition of no same or
similar offense for one year.
Jacobs, Wayne Lee Charged with no insurance and
115 defective headlights; No
appearance at February 3, 1988,
arraignment; Bench warrant issued.
Jacobsen, Jean Ann Charged with possession of mari- Charge continued one year for dis-
115 juana in a motor vehicle, owner missal -on conditions of no marijuana-
allowing uninsured motor vehicle related offenses for one year and
to be operated, and owner payment of $25.00 in court costs.
allowing motor vehicle with
revoked plates to be operated;
Possession of marijuana in a
motor , vehicle charge continued
one year for dismissal; Other
charges dismissed.
Kowal, Brandon Ross Charged with disorderly conduct; Fine - $25.00.
114 Pled guilty.
Kuhlman, Lawrence Milton Charged with open bottle, no
115 insurance, posession of marijuana
in motor vehicle, and expired
registration; Pre-Trial set
for March 16, 1988.
Lund, Randy Curtis Charged with possession of small Fine - $100.00, $70.00 stayed one
112, 114 amount of marijuana; Pled guilty. year; On condition of no same or
similar offense for one year.
Magee, Michael John Charged with gross DWI and gross
Engstrom, 113 alcohol concentration of . 10
or more within two hours ( .18) ;
Pre-Trial set for March 2, 1988 .
Mcallister, Charles James Charged with gross DWI and gross Fine - $1,000. 00 , $1,000 .00 stayed
Engstrom, 115 alcohol concentration of . 10 or two years; Jail - 100 days, 95 days
more within two hours (.15) ; stayed two years; On conditions of
Pled guilty to gross alcohol no same or similar offenses and no
concentration of . 10 or more driver ' s license or insurance
within two hours; Other charge violations for two years, and
dismissed. Defendant following recommmendations
of probation officer.
Mlekoday, Michael Robert Charged iwth DAS and no
116 insurance; No appearance at
February 3 , 1988, arraignment;
Bench warrant issued.
Montague, , Richard Alan Charged with misdemeanor Fine - $50.00.
112 speeding; Charge reduced to
petty misdemeanor speeding;
Pled guilty.
Olson, Robert Dale Charged with DAS and driving Fine - $50 .00 .
114 on the wrong side of the road;
Pled guilty to driving on the
wrong side of the road as a
petty misdemeanor; DAS charge
dismissed.
Paradise, Mark Edward Charged with possession of Fine - $25.00 .
112 dangerous weapon; Pled
guilty.
Putnam, Christopher Allen Charged with no insurance and
115, 116 defective headlights; No
appearance at February 3, .1988,
arraignment; Bench warrant issued.
Rence II , Leonard Joseph Charged with owner allowing Fine - $50.00 or two days; Jail - 5
108 uninsured motor vehicle to be days, 5 days stayed one year; On
operated and owner allowing conditions of no similar viola-
nonendorsed driver to operate tions for one year.
motorcycle; Pled guilty to
owner allowing nonendorsed
driver to operate motorcycle;
Other charge dismissed.
Rieger, Alan George Charged with no insurance; No
115 appearance at February 3 , 1988,
arraignment; Bench warrant issued.
Schweitzer , Jay Thomas Charged with speeding and expired Expired driver ' s license charge con-
114 driver' s license; Expired tinued for dismissal for six months
driver ' s license charge continued on conditions of no driver ' s license
six months for dismissal; offenses for six months and payment
Speeding charge dismissed. of $50 .00 in court costs.
Schyma, Allan Charles Charged with gross DWI; Pre-Trial
Engstrom, 113 , 114 , 116 set for April 6, 1988.
Seccombe, Mark James Charged with shoplifting; No
112 apperance at February 3, 1988,
arraignment; Bench warrant issued.
f
Shields, .James Leonard Charged with DAR, no insurance,
115 and giving false information to
police officer; No appearance at
February 3 , 1988, arraignment;
Bench warrant issued.
Snelson, Roger William Charged with DWI , alcohol
114, 116 concentration of .10 or more within
two hours (.19) , and DAR; Arraign-
ment continued until February 17 ,
1988.
Swanson, Robert Daniel Charged with DAR and operating Charge continued one year for
111 motor vehicle with no red light dismissal on conditions of no
to the rear; DAR charge continued driver' s license violations for one
one year for dismissal; Other year and payment of $100.00 in court
charge dismissed. costs.
Tollefson, Lisa Lynn Charged with gross DWI; No
Engstrom, 114, 116 appearance at February 3 , 1988 ,
arraignment; Bench warrant issued
but stayed until February 17, 1988.
Walczak, Peter Alan Charged with DAS, reckless Fine - $70 .00 or 3 days.
112 driving, and incorrect address
on driver' s license; Reckless
driving reduced to careless
driving; Pled guilty to careless
driving; Other charges dismissed.
Warner , Robert Gay Charged with gross DWI and gross
108 , 115, 116 alcohol concentration of .10 or
more within two hours ( .13) ;
Arraignment continued until
February 17, 1988.
Wheeler, Dwaine James Charged with DWI and alcohol Fine - $700.00 , $600.00 stayed two
114 concentration of .10 or more years; Jail - 2 days or 40 hours of
within two hours ( .11) ; Alcohol community service; On conditions of
concentration of . 10 or more no same or similar offenses, no
charge reduced to careless driving after drinking, and no dri-
driving; Pled guilty to careless ver 's license or insurance viola-
driving; Other charge dismissed. tions for two years.
P R E - T R I A L S - The Honorable Donald Burris
DEFENDANT PLEA SENTENCE
Erickson, Gary Eugene Charged with gross DWI, gross
Engstrom, 113, 115 alcohol concentration of . 10
or more within two hours ( .23) ,
and aggravated DWI; Pre-Trial
continued until February 17 , 1988.
Monson, Stephen Robert Charged with DWI, alcohol Fine - $700.00 , $600.00 stayed two
Engstrom, 116 concentration of . 10 or more years; Jail - 60 days, 58 days
within two hours ( .12) , and stayed two years; On conditions of
aggravated DWI; Pled guilty no same or similar offenses, no
to alcohol concentration of . 10 driving after drinking and no dri-
or more within two hours; ver 's license violations for two
Other charges dismissed. years, and Defendant following
recommendations of probation
officer.
Odegard, Neil Allen Charged with DAR and giving
115 false information to police
officer; Pre-Trial continued
until March 2 , 1988.
Price, Harold Alan Charged with DWI and alcohol
108 concentration of .10 or more
within two hours ( .17) ; Pre-Trial
continued until March 2, 1988.
Rehnelt, John Christopher Charged with no insurance and Fine for speeding charge - $50 .00;
108 speeding; Pled guilty to speeding No insurance charge continued one
charge; No insurance charge year for dismissal on condition of
continued one year for dismissal. no insurance violations for one year.
Scalise, Peter Michael Charged with DWI , alcohol concen- Fine - $700 .00, $600.00 stayed two
114 , 115 tration of .10 or more within year; Jail - 2 days, 2 days stayed two
two hours ( .15) , alcohol concen- years; On conditions of no same or simi-
tration of .10 or more, and lar offenses, and no driver ' s license or
possession of marijuana in a insurance violations for two years,
motor vehicle; Pled guilty to Defendant attending AA meetings once
alcohol concentration of . 10 a week for two years, and Defendant
or more; Other charges dismissed. completing aftercare program.
Schenk, Anthony 0. Charged with DWI and defective
116 tail light; Pre-Trial continued to
March 2, 1988.
Siseman, Terence Michael Charged with DWI and alcohol Fine- $700.00 , $500.00 stayed two
108 concentration of .10 or more year; Jail - 2 days, 2 days stayed
within two hours ( .16) ; Pled two years; On conditions of no dri-
guilty to alcohol concentration ver ' s license or insurance viola-
of .10 or more within two tions, no same or similar offenses,
hours; Other charge dismissed. and no driving after drinking for
two years, and Defendant completing
Project Learn I .
Wasilak, William David Charged with DWI; Jury Trial set
108 for March 10 , 1988, at 9:45 a.m.
C 0 U R T T R I A L S - The Honorable Donald Burris
DEFENDANT PLEA SENTENCE
Drew, Timothy Ernest Charged with speeding; Found Fine - $40 .00 .
112 guilty by the court.
Joshi, Ashwin Mohanlal Charged with speeding; Found Fine - $50 .00 .
114 guilty by the court.
Messner , Todd Michael Changed with failure to obey Fine - $50.00.
112 stop sign; Found guilty by the
court.
Wheeler , Paul Gray Charged with speeding; Charge Charge continued six months for
115 continued six months for dismissal on conditions of no
dismissal. speeding charges for six months in
the City of St. Anthony and payment
of $50 .00 in court costs.
J U R Y T R I A L S
DEFENDANT PLEA SENTENCE
Armato, Leonard Charged with gross DWI and gross Fine - $500.00 ; Jail - 365 days, 360
Thoemke, 113, 114 alcohol concentration of. 10 or days stayed two years; On conditions
more within two hours ( .14). ; of .no alcohol-related driving
Pled guilty to gross alcohol offenses, ,driving only with valid
concentration of . 10 or more driver ' s license, no driving after
within two hours on January 12 , drinking, and driving only with
1988, before The Honorable valid insurance for two years,
Robert A. Forsythe; Other service of five-day jail sentence,
charge dismissed. and completion of DWI course within
90 days.
Berg, Curtis Lee Charged with no insurance and Fine - $350.00 , $350.00 stayed one
114 defective headlights; Pled year; Jail - 5 days, 5 days stayed
guilty to no insurance charge one year; On conditions of no viola-
on January 21, 1988, before tions for any vehicle insurance law
The Honorable Isabel Gomez; for one year, Defendant entering
Other charge dismissed. into agreement with Ramsey County
regarding the satisfaction of all
outstanding warrants, and payment of
$25.00 in costs to the City of
St. Anthony.
Hedberg, Bruce Allan Charged with illegal use of Fine - $300.00 ; Jail - 90 days, 70
Engstrom, 113, 114 another vehicle' s license plates days stayed one year, credit for 20
and possession of hypodermic days served in December , 1987, for
needles and syringes; Pled Minneapolis theft and DAR convic-
guilty to illegal use of another tions; On conditions of no driver ' s
vehicle' s license plates on license, insurance, or theft charges
January 11, 1988 , before The for one year and payment of fine.
Honorable Kevin S. Burke; Other
charge dismissed.
Peil, Glenn Duane Charged with DWI, alcohol con- Fine - $300.00 ; Jail - 20 days, 20
113, 115 centration of .10 or more days stayed one year or 40 hours of
within two hours ( .15) , and community service; On condition of
owner allowing open bottle; Pled no same or similar offenses for one
guilty to alcohol concentration year and service of 40 hours of
of . 10 or more within two hours community service in lieu of jail
charge on January 7 , 1988, before time.
The Honorable George Adzick ;
Other charges dismissed.
Renstrom, Richard Brian Charged with DWI and alcohol Fine - $250.00; Jail - 30 days, 30
108 concentration of . 10 or more days stayed one year or 35 hours of
within two hours ( .13) ; Pled community service; On conditions of
guilty to alcohol concentration no alcohol-related driving offenses,
of .10 or more within two hours no careless driving charges, and no
charge on January 20 , 1988, same or similar offenses for one
before The Honorable George year , defendant following recom-
Adzick; Other charge dismissed. mendations of probation officer
regarding treatment program, and
completion of 35 hours of community
service in lieu of jail time.
C 0`M P L A I N T S
DEFENDANT OFFICER CHARGE
Blanchard, Lisa Marie Officer John Ohl Charged with driving after suspension
a/k/a Brainard, Lisa Marie and operating motor vehicle without
a/k/a Malenke, Lisa Marie required insurance.
Budde, Linda Ann Officer David Johnston Charged with possession of marijuana
in a motor vehicle.
Buford, Rhonda Bernice Officer John MacQueen Charged with operating motor vehicle
without required insurance and
operating motor vehicle without
headlights illuminated.
Colleou, Martin John Officer David Carlson Charged with operating motor vehicle
without required insurance,
possession of marijuana in- a motor
vehicle, operating motor vehicle
with revoked plates, and speeding.
Fein, Lori Lee Officer David Johnston Charged with owner allowing unin-
sured motor vehicle to be operated
on a public street.
Fein, Robert Alan Officer David Johnston Charged with driving after revoca-
tion, operating motor vehicle
without required insurance, failure
to transfer title, and expired
registration.
Fredrickson, William Earl Captain Richard Engstrom Charged with gross DWI and gross
Officer David Carlson alcohol concentration of . 10 or more
as measured within two hours of
driving (.15) .
Gaustad, Dale Thomas Officer John MacQueen Charged with driving after
revocation.
Glenn, Michael John Officer John MacQueen Charged with driving after suspen-
sion, driver allowing open bottle in
a motor vehicle, and speeding.
Gray, Gerald Louis Captain Richard Engstrom Charged with gross DWI, gross alco-
Officer John MacQueen hol concentration of . 10 or more as
measured within two hours of driving
( .16) , careless driving, and
possession of an open bottle in a
motor vehicle.
Iverson, Alan Harold Officer Jeffrey Scholl Charged with driving after revoca-
tion, operating motor vehicle
without required insurance, giving
false information to a police
officer, and illegal use of another
vehicle' s license tabs.
Jacobs, Wayne Lee Officer David Carlson Charged with operating motor vehicle
without required insurance and
operating motor vehicle with defec-
tive tail lights and- brake lights.
Kuhlman, Lawrence Milton Officer David Carlson Charged with possession of an open
bottle in a motor vehicle, operating
motor vehicle without required
insurance, possession of marijuana
in a motor vehicle, and expired
registration.
McCullen, Steven Ronald Officer David Johnston Charged with driving after revoca-
tion, possession of marijuana in a
motor vehicle, and speeding.
Meade, Steven Allan Officer Dominic Cotroneo Charged with driving after
suspension.
Melton, Michael Christopher Officer David Carlson Charged with operating motor vehicle
without required insurance and
operating motor vehicle with defec-
tive headlights.
Nelson, Eric David Officer John MacQueen Charged with operating motor vehicle
Without required insurance.
Neslund, David James Officer John Ohl Charged with operating motor vehicle
without required insurance and
expired registration.
Price, Harold Alan Officer John MacQueen Charged with DWI and alcohol con-
centration measured within two hours
of driving of . 10 or more ( .17) .
Ranallo, Lawrence Carmen Citizen's Complaint Charged with fifth degree assault.
Rosecrans, Robert James Officer Dominic Cotroneo Charged with driver allowing
possession of an open bottle in a
motor vehicle.
Rud, Ricardo Daniel Officer John Ohl Charged with DWI and alcohol con-
centration as measured within two
hours of driving of . 10 or more
(.10) .
Wachler, Susan Ann Officer Jeffrey Scholl Charged with operating motor vehicle
without required insurance.
Wells, Jeffrey Scott Officer Dominic Cotroneo Charged with operating motor vehicle
without required insurance and
operating motor vehicle with defec-
tive tail lights.
Wester, Nicholas Albert Officer David Carlson Charged with operating motor vehicle
without required insurance and
obstructed rear license plate.
i
• MEMORANDUM
DATE: February 18 , 1988
TO: Mayor and Councilmembers
FROM: David Childs, City Manager
ITEM: RECYCLING
We are under great pressure from both Hennepin and Ramsey
counties to get with the curbside recycling program.
In Ramsey county, the costs of running their program are genera-
ted by special assessments on the residential property tax
statements, so even though their program is voluntary, the
residents of the county probably have a right to demand curbside
recycling service since they are already paying for it.
Hennepin county is slightly different. No specific property tax
assessments are on the books yet, but the program is mandatory.
Looks like either way we need to start some sort of program.
• In response, Larry Hamer and I have had extensive conversations
with both counties and then with vendors of recycling services.
Two proposals are attached, but as you can see, they are very
different in their approach.
Recycling Unlimited, which does a large amount of the curbside
recycling service in the metro area, proposes once or twice a
month pick up on the day they specify.
*Containers are 52 cents per month per household for three
years or the City can buy them with some reimbursement
available to the county.
*They propose a rate equivalent to about $1 . 50 per house-
hold per month for twice a month pickup or $1 . 33/household/
month for once a month pick up.
*They would retain all proceeds from the sale of recy-
clables.
*After reimbursement from the counties based on their for-
mulas, the remaining charges ( if any) could be added to
the residential water bills.
( Initially, Ramsey county covers the full cost of once a
• month collection with a phase out in future years. Henne-
pin county has a percentage formula based on how close we
come to our goals. )
The proposal from Waste Management is completely different. They
propose:
*Once a week recycling on the same day as garbage pick up. •
*They would provide recycling containers.
*They would provide 65 or 90 gallon containers for all
households in the City and use the automated system for
regular garbage pick up.
*They would pick up yard wastes in a separate pick up 4
weeks in the spring and 4 weeks in the fall.
*We would be paid all proceeds from sale of recyclables.
*Total cost $12/household/month. Current rate for trash
pick up only is $11. 50.
*They request that they have an exclusive agreement with
City.
*Current breakdown:
Waste Management 1, 650 residential customers
Twin City Sanitation 200 residential customers
Woodlake 130 residential customers
Krupenney will not tell us (but probably
less than 100)
*City would bill for garbage/recycling in water bill and
could subsidize rates based on receipts from counties and
from sale of recyclables.
In order to accomplish the Waste Management proposal, certain
public hearings are necessary. A copy of the state law is
attached.
We should have some discussion on the alternatives because the
counties are breathing down our necks. Please contact me with
your sense of how the City staff should proceed.
DMC:cjk
•
SUPER CYCLE, INC.
300 First Avenue.North, Suite 200
• Minneapolis, MN 55401
(612)342-9252
January 5, 1987 --
Mr. David Childs
City Manager
City of St. Anthony
3301 Silver Lake Rd. N.E.
Minneapolis, MN 55418
Dear Mr. Childs:
Super Cycle has assisted in development and implementation of curbside
recycling programs for over 20 communities serving nearly one million
residents in the Metropolitan area. We are interested in working with you
to develop and implement a comprehensive recycling,program which would
meet your recycling goals.
Our proposal provides a curbside recycling program which would allow you
to partially meet your source separation/ recycling-goals as established
from Hennepin and Ramsey County data on waste generation. While the
proposal calls for once or twice monthly collection from each residential
unit we would be pleased to discuss other options with you.
To achieve the 16 F recycling goal the City of St. Anthony would need to
implement other recycling programs which include yard waste collection;
however, a curbside recycling program is the key,to a comprehensive
recycling program.
Please keep us informed of your plans to develop a recycling program. We
want to be part of your recycling efforts.
Sincere] ,
J
. -John F. Luoma
J Vice President-Marketing
cc: L. Hamer
Proposal to Provide a Curbside Recycling Program
For •
The My ty of St. Anthony, MN
The essence of our proposal is to provide recycling collection services for a three year
period, beginning in the first quarter of 1988, with an option to extend beyond the original
termination date, upon such terms and conditions as the parties shall mutually agree. The
program, based upon the concept of providing recycling services to all residential units, is
designed to recycle a significant amount of the residential waste stream. The composition of the
waste stream, macV--. up of high content of paper, metal and glass has a high potential for
recycling.
The program is designed to operate a recycling collection, processing and marketing
program which would partially accomplish the residential source separation goals and the
commerciaVindustrial recycling goals,as outlined in the Hennepin and Ramsey County Master
Plan for 5olid Waste Management. Hennepin and Ramsey County's source separation goal are to
abate 16 % of the solid waste stream. The compost program is designed to achieve four percent
of the residential goal and the curbside program is designed to achieve 12% of the goal through
recycling of the commonly recycled materials including newsprint and household metals and
glass.
Timely performance of collection services is essential to the success of the recycling
program. Super Cycle would use its fleet of specially designed recycling trucks and trailers and
adequate manpower to complete recycling collections on the scheduled day.
Under this proposal each resident would receive curbside/alleyside service two days per
month. Suggested collection days are the second and fourth Friday of each month. Collection will
be made from all residential properties having four or less dwelling units in a single building
and at other locations as directed by the City and agreed upon in writing by Super Cycle.
Locations, such as multiple dwelling units(more than four units), schools, and City offices, and
their corresponding collection schedule shall become part of a letter of understanding and
subject to periodic changes as needed.
Recyclable materials shall be prepared by the residents as follows:
Newsprint - Place in paper grocery bags or cardboard boxes.
- s d me , ;
ul�., - RinSc (colG. xNarakiuri'unu removal of ceps or �n�t3. �s not , e:,..�re�� and place .n
paper bag, box,or special container to be returned to resident.
Metal - Rinse (no need to separate metals including tin cans, bimetal and aluminum
beverage cans) and place in plastic bag, paper bag, box,or special container to be returned to
resident.
Containers in which recyclable materials have been stored shall be placed upon the boulevard
area of the street for collection by 7:00 a.m. on the scheduled day of collection.
All.recyclable materials placed for collection shall be owned by and be the responsibility of
the occpants of residential properties until they are handled by Super Cycle. Upon collection of
the containers and recyclable materials, the recyclable materials become the property and
responsibility of Super Cycle.
If the City of St.Anthony adopts the use of standard recycling containers for residents in
which to store recyclables, Super Cycle will work with the City to establish a specification to
procure containers. As an option Super Cycle will lease or rent containers for the period of the
contract at a cost per household of $. 52 per month over the three year period.
Rage 2
• Super Cycle will be responsible for processing and marketing of the recyclables. This
activity is presently conducted at the Ramsey County Recycling Center at 775 Rice St. in St. Paul
and the portable processing plant located near the City of Minneapolis transfer station at 27th
and Pacific. Super Cycle will provide the City receipt of the total weight of each type of
recyclable material collected including a statement of verification that.the scale receipts reflect
materials only collected within the City.
Super Cycle will submit monthly statements for recycling services rendered with monthly
summaries. Monthly summaries will include tons of material collected by tupe, number of
collection stops made, number of missed collections and complaints„and a bill for service.
Recyclable collection will be provided twice monthly to the households in St. Anthony. Under
this proposal Super Cycle will provide services for a monthly fee of$1 ,598 for twice monthly.
pickup. As an option Super Cycle will provide service one time per month for a monthly fee of
$1 ,065. The monthly service fee shall be annually adjusted according to the Consumer Price
Index for Metropolitan Area. As noted above an addition fee per household of$0.52 per month
will be charged for rental of two containers per resident/household.
A calculation will be made on an annual basis showing full accounting for marketing of
materials to provide information on an annual basis for the value of materials.
Up to 30% of all residences are expected to participate in a curbside program with once
monthly pickup while over 40% of all residences are expected to participate in a twice monthly
pickup program. While it is expected that participation will increase above 40% as awareness
• increases and disposal rates increase, Super Cycle will be required to provide additional
equipment and personnel to meet expected tonnage. increases. During the second and third year of
the contract 5uper Cycle proposes a charge of$45 per ton for each additional ton collected on a
monthly basis beyond 32 tons which represents the 40% participation level.
5uper Cycle will assist the City in program development and, more specifically, in the
development of a promotional program.
•
D'ita Used in Analysis
Curbside Recycling Program
EQL
St. Anthony, MN
Demographic Data
Population Estimate
Hennepin County (Pt.) 5,514
Ramsey County (Pt.) 2,791
Total 8,305
Number of Households
Hennepin County (Pt.) 2;154
Ramsey County (Pt.) 1,509
Total 2,663
Projected Municipal Solid Waste Stream
Residential Tons
Hennepin County (Pt.) 2,189
Ramsey County (Pt.) NA
Commercial/Industrial Tons 0
Total NA
Recycling Goals and Costs
Recycling Goals at 16%
Residential Tons
Hennepin County 329 (curbside & yardwaste)
Ramsey County 168
Total 497
Commercial/Industrial Tons 0
Total Tons 497
Number of Participating Households
At 407 participation 1,065
At 30F participation 800
Recyclables by household 60 lbs. per month
Estimated Cost
One time per month collection $1,065 per month
Twice per month collection $ 1,598 per month
Total Collected
30% participation 24 ton
40% participation 32 ton
Rehrig Pacific Company
4010 E. 26th Street
Los Angeles, CA 90023 ---
1!
Rehnzg Pacific Cui bside Recycling Containers.
NO POSTAGE
NECESSARY
IF MAILED
IN THE
UNITED STATES
BUSINESS REPLY MAIL
FIRST CLASS PERMIT NO.66604 LOS ANGELES,U.S.A.
POSTAGE WILL BE PAID BY ADDRESSEE
Rehrig Pacific Company
ATTN.-Recycling Containers
4010 E. 26th Street
Los Angeles, CA 90023
Rehrig A&Company Curbside Recycling 4ftainers •
With landfill costs skyrocketing, Now in our 74th year of business,
curbside recycling should be part of any Rehrig Pacific is America's leading crate
modern cost effective waste disposal and container manufacturer.We offer a full
operation. But no recycling program will line of support services, including factory-
succeed without active community partici- direct sales, and nine regional manufactur-
pation and cooperation. ing plants strategically located across the
.Studies show participation rates country to process and deliver your rush a
increase dramatically when curbside orders 24 hours a day, 365 days a year. 4A •b4 N
recycling containers are supplied. Following .�
a year-long pilot program, the City of
San Jose, California reported household Recessed Bottom elevates Reinforced Double Walled y
"twice as hi h"-57% ver- container base above ground Legs survive even the
participation g and dirt,stays clean longer toughest punishment
sus 26%—in neighborhoods where �•/
residents were given recycling storage bins. ;Z.,
Rehrig Pacific's Plastic Curbside `�^ ` ^ v •p
Recycling Containers are specially designed , "-�° �� \ ►e , O
for homeowner convenience. Our con- ' ` •�
tainei:s are lightweight, durable, and user
friendly to insure maximum participation. �� •fi
And our efficient multi-container,stackable � �,Z
system eliminates time consuming and E . t 'j �� ." a! •fi v
costly sorting by your personnel. ® ] .�� C� v�
• Available as a single, multi-material O
container, or multi-container, sorted Snap-lock Handles secure y
units for streamlined y "�Z
recyclables, stacking system. shipping and handling p� O
• Injection molded from strong, resilient, Q
high density polyethylene resin. �� Gridwork
• Ultra-violet light stabilizers prevent '� Design for drainage. V •t h
fading or weakening. �i' ,, ~ visibility and 4) V 4,
light weight
• Designed to endure years and years of
heavy-duty use. _ ,' 0.
• Performance proven in the San Jose, & Drainage
Irvine, California curbside programs.
• Guaranteed against any workmanship ` Radlused Cornersfor superior
or materials defects. strength and longer life
• Available in a wide range of colors.
Quafityftoducts / /
UP)
E ?+ E -0 o
For Industry A 1-800-421-6244 El El Z U Q a
Since 1913 i 00 /
Waste Management-Blaine
10050 Naples Street.NE
Blaine.Minnesota 55434 A Waste Management Company
612784-8349
February 9, 1988
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Attention: Dave Childs, City Manager
Dear Dave:
Pursuant to our discussion on February 2, we propose to do the following:
1) Pick up of all refuse from residential units in the City.
2) Pick up of .all recyclable materials curbside in the City, of glass, cans,
newspaper.
3) Provide a 9.0 gallon container for trash.
• 4) Provide a recyclable container(s) .
5) Provide same day service of trash/recyclables.
6) Pick up yard waste 4 weeks in ,spring, 4 weeks in fall.
7) Provide the City with the revenues from the sale of recyclables; savings
in disposal should improve as recycling levels increase.
8) Cost to the City. will be $12/month/home based on a 5 year agreement. Costs
will fluctuate each year based upon CPI, landfill increases and disposal
cost avoidance due to recycling.
I will provide you with a sample agreement including more formalized language
and information. The above should get you started.
Please call me if you have any questions.
Sincerely,
J Gencauski
G eral Manager
JG/jm
•
A Division of Waste Management of,Minnesota. Inc.
Waste Management-Blaine
10050 Naples Street.NE
Blaine,Minnesota 55434 A Waste Management Company
' 6121784-8349
INTRODUCTION
Waste Management - Blaine is pleased to provide you with information
on our recycling efforts in the Twin Cities and across the country.
Solid waste disposal is a growing problem for many communities. As a
result, recycling is becoming an important waste management tool. This
proposed recycling program will place the participating communities in
the forefront of those exploring alternatives to traditional waste hand-
ling techniques.
This proposal describes a multi-material, curbside recycling program
providing weekly collection. Under this plan, each household would
receive three attractive, stacking containers for the storage of recy-
clables.
While this proposal includes collection of newspapers, glass, and alum- •
minum or steel cans, the feasibility of collecting other materials,
particularly yard wastes, could be evaluated.
Waste Management's experience, talent, and dedication to service make
the company ideally suited to implement this recycling program. We
share your enthusiasm for this new venture, and look forward to becom-
ing your recycling partner. Please direct questions to Jim Gencauski,
General Manager of Waste Management - Blaine (784-8349) .
•
A Division of VJaste Management of Minnesota. Inc.
A Waste Management Company
•
BACKGROUND
Hennepin County requires municipalities to recycle 167 of their waste
streams by 1988. To achieve the County's 167 goal, municipalities must
implement ambitious recycling programs aimed at recovering as much
material as possible. For this project, we are relying on our obser-
vation of other programs throughout the country, as well as our own
experience gained through the operation of curbside collection programs
in Santa Rosa, San Jose, Livermore, and Oceanside, California; Camden,
New Jersey; and Brampton, Ontario.
By blending the proven elements of other programs with the unique require-
ments of St. Anthony, we have designed an effective, reliable, and effi-
cient system. Most successful residential recycling systems, while dif-
fering greatly from city to city, share two important features: conve-
nience for participants and effective promotion. These two features and
their implications for the municipalities soliciting this proposal, are
discussed below.
Convenience for Participants
• Recycling programs that are convenient for residents have higher partici-
pation rates and recycle more material. The three most important factors
affecting recycling convenience are frequency of collection, storage for
recyclables, and preparation requirements.
Weekly collection is the most effective collection frequency. Programs
offering weekly collection achieve much higher participation rates than
programs offering monthly collection. Typical participation rates for
weekly programs include Austin, Texas, 60 - 707 of eligible households;
San Jose, California, 557; and Voorhees Township, New Jersey, 757. Typi-
cal participation rates for monthly programs, in contrast, include Edina,
19 - 237 of eligible households; Minneapolis, 22 - 257; and Mound, 207.
Weekly programs encourage participation for several reasons. First, it
is easier for residents to remember to set our recyclables on a given day
of the week than on a given day of the month. For example, it is easier
to remember that recycling day is Wednesday than it is to remember that
recycling day is the third day of each month. For the same reason, par-
ticipation is even greater when recyclables are collected on the same day
as garbage. Then, residents need only to remember that "garbage day" is
recycling day as well.
Residents who forget a monthly collection day can be greatly inconvenienced
by the need to set aside space for two months' accumulation of recyclables.
Newspapers, in particular, can pile up rapidly. Storage requirements for
• monthly programs can also create fire hazards and attract rodents and insects.
A W Company
Waste Management Co p y
•
The most effective recycling programs offer specialized containers for
in-home storage of recyclables. The stacking plastic bins included in
this proposal are one type of specialized container. We use similar
bins in San Jose, California, where we provide weekly curbside recycling
service for more than 60,000 homes. They are convenient because they
take up little space, facilitate sorting, and are easy to carry to the
curb on collection day. The bins also protect glass containers, prevent-
ing a safety hazard.
The final factor affecting recycling convenience, which is preparation
requirements, is almost entirely beyond the control of the cities and
contractor. Preparation requirements are almost always dictated by the
markets receiving the materials. Fortunately, requirements in Minnesota
are reasonable. Currently, newspapers must be bagged or bundled; metal
neckrings must be removed from glass containers, and the containers rinsed.
In other areas, residents have been inconvenienced by more restrictive
requirements. For example, some markets require residents to crush cans
or remove paper bales from glass containers.
Effective Promotion
The most successful recycling programs incorporate a strong marketing •
campaign. Motivating people to recycle requires changing attitudes about
waste, convenience and lifestyles. Communication efforts for recycling
programs are not unlike those for seat belts, or against drunk driving.
Recycling programs must be continually promoted to achieve a high level
of participation. The promotion should provide residents with an under-
standing of the need for recycling, clear instruction on procedures for
material preparations, and periodic reports on program status.
Because communication is an important feature of a recycling program,
recycling services should cooperate with municipalities in developing
recycling programs.
•
AIX A Waste Management Com an
s e Company
•
We propose weekly, curbside collection of newspaper, glass, and aluminum
or steel cans from all single family homes in St. Anthony. Each home will
be provided with a set of three stackable recycling containers: one for
glass, the second for aluminum or steel cans, and the third for newspapers.
The collection vehicle will be a dual-drive, hydraulically self-dumping,
compartmentalized truck. Each vehicle will be operated by one driver/collector.
Recyclables will be delivered to markets within a 45-mile radius of any of
the municipal limits, to be specified by the participating municipalities.
At the discretion of the contractor, recyclables may be transferred and
stored at an intermediate point for bulk transportation to the markets.
All revenue from the sale of recyclables will be paid to the municipali-
ties by the receiving markets. The Company will furnish original receipts
from the receiving markets indicating the date of delivery, weight or
volume of material, collection contractor, and market name.
We recommend that St. Anthony develop a cooperative promotion program. The
Company will assist the City by providing timely, professionally written
• news releases; providing camera-ready artwork for door knob flyers and
a brochure; and providing personnel for public presentations whenever
feasible.
•
_ AEI ACT `HAFT-R N0.
• - �` 3 4-
8
- i Distributed By
S.0 cretary. of the SENATE
R-om 231, State Capitol
�t. Paul, 296-2343
2 relating to waste management; regulating disposal of
3 wastes; providing for a solid waste =anagement policy;
4 providing for recycling policy and marketing; managing
5 household hazardous wastes; regulating the sale and
6 disposal of motor oil and lead acid batteries;
7 providing for waste pesticide collection;
e appropriating money; amending Minnesota Statutes 1986,
9 sections 115A.03,. subdivisions 9 and 21; 115A.06,
10 subdivision 14; 115A.11, subdivision 2; 115A.15,
11 subdivision 6; 115A.152; 115A.154; 115A.156,
12 subdivisions 1, 2, and 5; 115A.158, subdivisions 1 and
13 2; 115A.42; 115A.45; 115A.49; 115A.51; 115A.52;
14 115A.53; 115A.54, subdivision 2a; 115A.81, subdivision
15 2; 115A.921; 115A.95; 116.07, subdivision 4b; 116.,11
16 subdivision 2; 116M.07, by adding a subdivision;
17 176.011, subdivision 9; 239.09; 239.52; 325-.11;
18 473.149, subdivisions 2d and 6; 473.803, by adding a
19 subdivision; 473.834, subdivision 2; 473.842,
20 subdivision 2; 473.844, subdivisions 1 and 4; and
21 473.846; Laws 1984, chapter 644, section 85; p:oposirg
22 coding for new law in Minnesota Statutes, charters
23 115A; 239; 3252; and 473; repeal_ng Minnesota Statutes
24 1986, sections 115A.13; 115A.43; 115A.44; 473.834,
25 subdivision 3; and 473.844, subdivisions 2 and S.
26
27 BE IT ENACTED BY TE LEGISLATURE OF TSB STATE OF MIN-N SOTA:
28 Section 1. Minnesota Statutes 1986, section 115A.03,
29 subdivision 9, is amended to read:
30 Subd. 9. "Disposal" or 'disoese' =eans the discharge,
31 deposit, injection, dumping, spilling, leaking, or placing of
32 any waste into or on any land or water so that the waste or any
33 constituent thereof may enter the envi::=en_ o: be emitted into
• 34 the ai^, or disch3:ged into any waters, including g:cun.d waters.
_5 :. "i.:'e5C;3
�.. .
Nz
1 se= -cn +av be e^°^ =ed by the ace v .--s_a- - - -
- se= ,
2 11 5.071.
3 Sec. 26. Minnesota Statutes 1986, section 115A,921, is
4 ascended to read: •
5 115A.921 (C:TY OR :OWN F=_r ACT=OR:TY. )
6 A city or town =ay charge immose a fee, not to exceed :5 25
7 cents per cubic yard of waste, or its equivalent, c:-ac==:-w:aLe
8 a=eepted-a-c�-e_sposee-ot on =ani -to cpe:ato:s of facilities fc,
9 the dist>esal of mixed municipal solid waste located within the
10 city or town. The revenue from the fees a!--!:--
go `rust be
- 11 c.edi,--d to the city or town general fund and used only for
12 purposes of landfill ahateinent or for os:ooses of aitigatiag and
13 compensating for the local risks, costs, and other adve:se
14 effects of facilities. .Waste residue from energy and resource
15 recovery facilities at which solid waste is processed for the
16 purpose of extracting, reducing, converting to energy, or
17 otherwise separating and preparing solid waste for reuse shall
18 be exes:pt from one-half the amount of the fee imposed by a city
19 or on under tis section f there is at least an e
-_� • _ tw d h `. 5 percent
M1 :I •
' •',--"= 20 volume reduction in the solid waste processed. Before may fee
21 is reduced, the verification procedures of section 473.843,
22 subdivision 1, paragraph (c) , must be followed and submitted to
23 the appropriate city or town,
: 24,\ Sec. 27. (115A.94] (ORGANIZ77 COLL=cTION. )
25 Subdivision 1 (DEFINITION,) "Orcanized collect-on" means
26 a system for collectioe solid waste in which a specified
: 27 collector, or a member of an orcanization of collectors, is
28 authorized to collect f:om a defined ceceraphic service area c:
29 areas some or all of the solid waste that is released by
30 oenerators for collection..
31 Subd. 2. (LOCH-*. AQTBORITY. ) A city or town may organize
32 collection, after public notification as required in subdivision
33 4. A county may orcanize collection as provided in subdivision
34 S.
35 S.od 3 (GENSRAL PROVISIONS. ) (a1 The local covernxe-
36 uni t cav c:_ar._ze collection as a - _pa b •
- 1 service or •r
I crd,'nance, 'mar -se license. ne=c::a:ea zr --:d.4ed
2 ' other means, u-sina cne or more
3 collectors.
4 (b) The local cove:nment unit may nct estaolisn cr
5 ad-ministe: crcar.-;=ed ccilect4on in a =anner t--at -;m=a-; :s t-e
6 oreservazion and develc=ment of recyci-inc and markets for
The local cove:nrient shall exe==t
7 recvclable rnate:ials. L
8 recvclable nate:-;als from organized czllect-;cn upon a sho inc v
9 the cenerator or collector that the materials are or will
be
10 separated from nixed municipal solid waste by the cene:at=:,
11 seva.atelv collected, and delivered for reuse in their ;anal
e:: c.-
12 for= or for use in a =anufactu:inc z:ccess.
13 (c) The local coverrL m employ unit may invite and ep!ov the
14 assistance of interested persons, including versons operating
,
15 solid waste collection services, in developing plans and
16 vr000sals for orcanized collection and in establishinc the
17 orcanized collection system.
18 (d) Organized collection accomplished by contract or as a
19 municipal ser vice may include a reauire=ent that all or anv
7
20 portion of the -solid waste, except (1) recyclable materials and
21 (2) materials that are processed at a resource recovery facilitv
22 at the capacity in operation at the time that the reau--ment is
23 -;--oosed, be delivered to a waste facility identified by the
24 local cove:-rent unit. in a district or county where a resource
25 recovery facility has been designated by ordinance under sec:--cn
25 115A-86, o:canized collection must confo:-n to the recullements
27 of the designation ordinance.
28 Subd. 4. (CITIES ;LND TOWNS; NOTIC-; PLANNING. ) (a) At
29 least 90 days before orcocsInc an ordinance, franchise,- license,
30 contract or other means of orcanizino collection, a city or
31 town, by resolution of the governing body, shall announce its
32 intent to organize collection and invite the na:tic-4:5ation of
33 interested oersons in nlannina and establiShinc the orcanized
34 collection systen.
c
35 (b) The resoluticn-Cf- intent must be ado=red after a public
36 hearing. The hearing must be held at leas: vac weeks after
17
-C:ice and -zalled nc:i ze :z =e rz=.-.s -<nc�,n ov :ne
2 town to be cne:atino Sv. , waste sery4ces In tne :v
3 or town. The failure to cive =a-;-Ied notice, to -.)e:scns or defect
4 in the notice does not invalidate the m:oceedincs, Z:cvided a
5 bona fide effort to ccm=lv with ncz;ze rec,-,irennents has been
6 made.
7 (c) During the 90 day period IcIlowinz the resolution c!
8 intent, and before mromosino a method Of crian:z;nq collection.,
9 the city c: town shall develop or supervise the development of
io =lams or z:oocsals !cr c:canized collection.
11 (d) Upon rec'uest, the city or town shall provide ma:led
12 notice of subsec ent =:oceedincs an the orcan;=a:;on of
13 collection in the city or town.
14 Subd. 5. (COUNTY ORGANIZED COLL-ECTION. ] (a) A county mav
15 by ordinance recuire cities and
towns w—, .,--i the. countv to
16 orcanize collection. Orcanized collection ordinances of
s zzv:
17 counti-
-(1) rec-aire cities and towns to zec-uire the separation and
J 19 sezarate collection of recvclable materials:
20
(2) specify the material to be separated: and
7
21 (3) recuire cities and towns to meet anv oerfc:LLance
22 standards for source separation that are contained in the cc,--n:v
23 solid waste Dian.
24 (b) A county may itself orcanize callect;cn in anv city or
25 town that does not cc,
-azlv with a county czcan-:=ed collect4cn
26 ordinance adopted under this subdivision, and the county c.av
27 i=mle=ent, as ra:t of
; ts -orcanized collection, the *source
28 separation o:ocram and performance standards recuired by .;:s
29 orcanized collection ordinance.
30 Sec. 28. Minnesota Statutes 1986, section 115A.95, Is
31 amended to read:
32 115A.95 [RECYCLABLE
33 A resource recovery facility that is c=mmcstinc waste,
34 burning waste, or converting waste to enercv or to materials for
35 co=bustlon, and is owned or operated by a public agency c:
36 supported by public funds or by colicazi=ns -;--Sued by a pudic
CONTRACT CHANGE ORDER
CONTRACTOR PLEASE SIGN ALL COPIES OF
THIS DIRECTIVE AND RETURN TO ARCHITECT.
OWNER PLEASE SIGN ALL COPIES OF THIS BWBR ARCHITECTS
ORDER, RETURN 2 COPIES TO ARCHITECT
AND RETAIN ONE COPY FOR YOUR FILES
Date of this change order _ January 29, 1988 _ No.of this change order __ 05 —_—_
Regarding Project St. Anthony Village Liquor BWBR Project No. 86033.4
The Contractor is hereby directed to make the following changes in this Contract:
Item 1 Omit closers and coordinator and substitute heavy
I duty threshold for standard duty at door 103A. DEDUCT $ 165.00
Item 2 Deduct additional charge for improperly sequenced
work described in Change Order 3, Item 2. DEDUCT $ 495.00
Item 3 Voluntary cost reduction related to construction
schedule. DEDUCT $ 4,500.00
TOTAL DEDUCT $ 5,160.00
Accordingly the amount of the contract will be OR(X XO)(decreased)in the sum of:$ 5,160.00
Five Thousand One Hundred Sixty and 00/100 ------------------------------ Dollars
The Contract Timae will be(ir�Grgased)Q( XO( )by Fi fty Three ( 53 ) Days
Th b y 1yt5
Not valid until signed by Owner. Signature of the Contractor and Architect indicates their agreement
herewith, including any adjustment in the Contract Sum or Contract Time.
CONTRACT TOTAL TO DATE
Original contract amount $ 288,500.00
Extras approved to date $ 5,775.00
Credits approved to date $ -0-
G
OXIMM)(Decrease)this C:O. $ 5.160.00
New contract amount $ 289,115.00
Authorized:
Fullerton Lumber Company BWBR Architects City of St. Anthony,/
Contractor' -
OWNER
a Address
23 Columbia Court North 400Sibley Street tl301 Silver Lake Road
A
Chaska, MN 55318 St P ul ' MN 55101 St. Anthony, MN 55418
BY BY
0 AT± W ✓ (/ DATE
C.J
alll ilia t hoil
e
DATE : A P P R OVAL :
February 18, 1988 T)3
VY
TO :
Mayor and Councilmembers
FROM :
Larry Hamer. Public Works Director
l T EM : REPLACEMENT OF THE FOSS ROAD LIFT STATION
The feasibility/cost study on the replacement of the Foss Road Lift Station has
been completed by -Short-Elliott-Hendrickson. They have recommended a new dry well
lift station, similar to the present station, be constructed with new controls,
pump, metering, heating units, electrical , etc. The estimated cost for this
project is $198,000.00.
There are two different options the City has to finance the construction:
(1) direct assessment to the users in Ramsey County; or (2) an increase in the
sewer rate.
I recommend that Short-Elliott-Hendrickson be directed to draw up the plans and
specifications for the bids for construction of the proposed new lift station.
CITY MANAGER COMMENTS
Some costs may also be incurred in the sanitary sewer fund to correct flooding
problems on the south end of the City. Much of this cost may be for storm sewer work
but the sanitary sewr fund's portion of the costs coupled with the Foss Road Lift
station costs will require special assessments or a rate increase as Larry suggests.
We need .to know which avenue of funding you wish to use - and we will prepare
information necessary for either a rate increase - or the public hearings necessary
for assessments.
In the meantime, we need to proceed with the design of the lift station and I rec-
ommend approval of Resolution 88-009.
:cjk2.24.88
1 r
•
RESOLUTION 88-009
A RESOLUTION AUTHORIZING SHORT-ELLIOTT-HENDRICKSON, INC.
TO PREPARE THE PLANS AND SPECIFICATIONS
FOR THE PROPOSED FOSS ROAD LIFT STATION
WHEREAS, the City Council of the City of St. Anthony has
reviewed the feasibility and cost study prepared by Short-
Elliott-Hendrickson for replacement of the Foss Road lift
station; and
WHEREAS, the City Council has determined from the results of
said study, with a preliminary cost estimate of $198 ,000
that the Foss Road lift station needs to be replaced.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
• authorizes Short-Elliott-Hendrickson, Inc. to prepare the
plans and specifications for replacement of the Foss Road
lift station on behalf of the City of St. Anthony.
Adopted .this day of 1988.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
r'
RESOLUTION 88-010
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE
WITH PHIL LaMERE, d/b/a BARBER STYLISTS,
FOR RENTAL AT 2800 KENZIE TERRACE
BE IT RESOLVED, that the Mayor and City Manager are
authorized to execute the Office Space Lease with Phil
LaMere, d/b/a Barber Stylists for rental at 2800 Kenzie
Terrace on behalf of the City of St. Anthony.
Adopted this day of 1988,
Mayor
ATTEST:
City Clerk.
Reviewed for administration:
City Manager
•
A '
• OFFICE SPACE LEASE
THIS AGREEMENT, made this day of 19 by
and between the CITY OF ST. ANTHONY, a municipal corporation under the
laws of the State of Minnesota, (hereinafter called "Landlord" ) and PHIL
LaMERE, d/b/a BARBER STYLISTS, a sole proprietorship, (hereinafter
called "Tenant" ) ,
WITNESSETH:
That the Landlord, in consideration of the rents and covenants hereinaf-
ter mentioned, does hereby Demise, Lease and Let unto the Tenant, and the
Tenant does hereby hire and take from the Landlord the following descri-
bed premises located in the County of Hennepin and the State of Min-
nesota, viz:
That portion of the premises located at 2800 Kenzie Terrace consisting of
approximately 605 square feet, in accordance with Exhibit A attached and
made a part of.
TO HAVE AND TO HOLD THE SAID PREMISES; without any liability or obliga-
tion on the part of said Landlord of making any alterations, improve-
ments or repairs of any kind on or about the said premises save as
provided herein, for the term of forty-eight ( 48 ) months commencing
February 1, 1988, unless terminated at - an earlier date as hereinafter
provided, for the following purposes only to-wit: Offices for barber
• shop and uses permitted under the zoning ordinances of the City of St.
Anthony in the "C" General Commercial Business District, except those
deemed by the Landlord to conflict with the municipal liquor operation.
ARTICLE 1. RENT. Tenant shall pay to Landlord as rent for leased
premises the sum of Three Thousand and Twenty-Four Dollars ($3 ,024. 00 ) in
monthly payments of Two Hundred Fifty-Two Dollars ( $252 . 00) payable on
the first day of each month from February 1 , 1988 to January 31, 1989;
Three Thousand One Hundred Eighty Dollars ( $3 , 180. 00) in monthly
payments of Two Hundred Sixty-five Dollars ( 265. 00 ) payable on the first
day of each month from February 1 , 1989 to January 31, 1990; Three
Thousand Three Hundred Twenty-Four Dollars ( $3 , 324 . 00 ) in monthly
payments of Two Hundred Seventy-seven Dollars ( $277 ..00 ) payable on the
first day of each month from February 1, 1990 to January 31 , 1991; and
Three Thousand Four Hundred Eighty Dollars ( $3 , 480.00) in monthly
payments of Two Hundred Ninety Dollars ( $290.00) payable on the first day
of each month from February 1 , 1991 to January 31, 1992.
ARTICLE 2 . POSSESSION: TERM: ' RENT. The term of this lease shall be
forty-eight ( 48) months commencing on February 1 , 1988 , and terminating
on January 31 , 1992 unless terminated at an earlier date as hereinafter
provided. Landlord shall have no responsibility or liability for loss
or damage to fixtures, facilities or equipment installed or left on the
premises, unless caused by the negligence of Landlord, its agents or
employee.
• ARTICLE 3 . UTILITIES AND SERVICES. Landlord agrees to furnish heat,
water, sewer service, and electricity in reasonable amounts, trash pick
up, and snow plowing, but Landlord shall not be liable for any loss or
damage caused by or resulting from any variation ,, interruption or failure
of such services due to any cause beyond its reasonable control; and no
temporary interruption of failure of such services , incident to the
making of repairs , alterations or improvements or due to accidents
strikes , or conditions or events not under Landlord' s control shall A
deemed as an eviction of the Tenant or relieve the Tenant from any of
the Tenant' s obligations hereunder. The Tenant shall pay One Hundred
Dollars ( $100 . 00 ) per month for all named utilities for the period of
this lease. Landlord shall make available five ( 5) parking spaces
immediately adjacent to building for Tenant ' s use .
ARTICLE 4 . NON-LIABILITY OF LANDLORD. Landlord shall not be
liable to Tenant or those claiming through or under Tenant, or
Tenant' s agents, guests , invitees , clients or otherwise for any
damage for failure to furnish services or utilities , the necessity
for repairs or improvements to such services , fire, explosion,
strikes , or any .causes beyond Landlord's reasonable control; nor
shall Landlord be liable for personal injuries , death, or any damage
from any cause about the leased premises or the building within
same are located, including the parking area, and without limiting
the generality of the foregoing, any personal injuries, death or
damage resulting from the use or escape of gas , water, steam, elect-
ricity, air conditioning or other agency, or due to fire, explosion
or action of the elements, unless caused by the negligence of Land-
lord, its agents or employees. Tenant agrees to place and maintain
throughout the term hereof at its sole expense , such fire and other
casualty insurance as its interests may appear In Tenant's reasonable
discretion. Tenant further agrees to place and maintain throughout
the term hereof, comprehensive general liability insurance covering
the leased premises and providing insurance coverage with minimum
amounts of liability for bodily injury to one person in the amount
of Five Hundred Thousand Dollars ($500 ,000 .00) and for bodily injury
to any group of persons in the amount of Five Hundred Thousand Dollars
($500 ,000 .00) and for property damage in the amount of One Hundred
Thousand Dollars ($100 ,000 . 00) . Landlord and Tenant each expressly
waive any right of recovery against each other for any losses caused
by or resulting from any acts of negligence or carelessness or alleged
acts of negligence or carelessness of either party, their agents or
employees , to the extent that such losses might- arise from fire or
any other peril covered by any policy of insurance.
ARTICLE 5. CARE OF PREMISES. Tenant agrees : 1) to keep the leased
premises in as good condition and repair as they were in at the time
Tenant took possession of same; reasonable wear and tear and damage
from the fire and other casualty, for which insurance is normally
procured, excepted; 2) to keep the leased premises in a clean and
sanitary condition; 3) not to commit any nuisance or waste on the leased
premises, throw foreign substances in plumbing facilities , or waste
any of the utilities furnished by Landlord; 4) if Tenant shall fail to
keep and preserve these premises in the state of condition required by
the provisions of this Article, the Landlord may, at its option, put
or cause the same to be put into the condition and state of repair
agreed upon, and in such case, the Tenant, on demand, shall pay the cost
thereof; 5) Tenant agrees to deposit and maintain with Landlord a
security deposit in the amount of Three Hundred Four Dollars •
($304 .00) to guarantee such paymgnt; 6) Tenant agrees to abide by
such Rules and Regulations as may be reasonably promulgated by
Landlord . Tenant shall erect no signs on the leased premises
without the prior written permission of Landlord. Landlord shall be
responsible for the maintenance and repair of structural
-3-
members, walls, footings and the roof of the building of which the
• leased premises are a part, subject, however, to the provisions
of Article 11. Tenant shall be responsible for all other mainten-
ance, repair and replacement necessary for use of the leased pre-
mises; the Landlord shall be responsible for maintenance of the
parking area, including snow plowing, and for an adequate level of
security lighting.
ARTICLE 6. UNLAWFUL USE. Tenant agrees not to commit or
permit any act to be performed on the premises or any omission to
occur which will be in violation of any statute, regulation or or-
dinance of any governmental body or which will increase the insurance
rates on the building or -which will be in violation of any insurance
policy carried on the premises by the Landlord. The Tenant shall
not disturb other occupants of the building by making any undue
or unseemly noise or otherwise, and shall not do or permit to be
done in or about the leased premises anything which will be danger-
ous to life, limb or property.
ARTICLE 7. INSPECTION AND REPAIRS. The Landlord or its employees
or agents shall. have the right to enter the premises at all reason-
able times, for the purpose of inspection, cleaning, repairing, alter-
ing or improving the same or said building, but nothing contained
in this lease shall be construed so as to impose any obligation on
the Landlord to make any repairs, alterations or improvements.
ARTICLE 8. ALTERATIONS. Tenant will not make any alteration,
additions or improvements in or to the leased premises or add, dis-
turb or in any way change any plumbing or wiring therein without
the prior written consent of the Landlord as to the character of the
alterations, additions or improvements to be made , the manner of
doing the work, and the persons to do the work. Iri the event that
such prior written consent is granted, Tenant agrees to make such
alterations, additions or improvements at its own sole expense, and
warrants to Landlord that all such alterations , additions , or im-
provements shall be in strict compliance with all relevant laws,
ordinances, governmental regulations and insurance requirements.
The Tenant shall be responsible for the purchase and installation
of any additional air conditioning units, other than those already
provided, the cost of changing the combination on the vault, the
cost of purchasing and installing any new locks, any improvements
to the landscaping of the building and the installation of carpet-
ing and drapes, if desired.
ARTICLE 9 . COMMON AREAS. Tenant agrees that the use of all
halls, passageways and toilet rooms in said building, by the Tenant
or Tenant' s servants, employees, guests and invitees, shall be sub-
ject to such rules and regulations as may from time to time be made
by Landlord for the safety, comfort and convenience of the owners ,
occupants and tenants of said building; and Tenant agrees that no
awnings or shades shall be used upon the leased premises except such
• as may be approved or furnished by Landlord. Landlord agrees to
provide parking for Tenant, its employees and invitees in common with
other tenants, their employees and invitees. Landlord may, at its
option, set aside a parking area to be used by Tenant and its employees,
-4-
which area shall thereafter be used by Tenant and its employees to •
the exclusion of other areas .
ARTICLE 10. ASSIGNMENT OR SUBLETTING. Tenant agrees to use
_and occupy the leased premises throughout the entire term hereof
for the purpose or purposes herein specified, and for no other pur-
poses, in the manner and to substantially the extent now intended,
and not to assign this Lease or sublet said premises, or any part
thereof, whether by voluntary act, operation of law, or otherwise,
without obtaining the prior written consent of Landlord in each
instance; Tenant shall seek such written consent by a written re-
quest therefor, setting forth such 'information as Landlord may
desire. Landlord agrees not to withhold consent unreasonably. In
the event that a bona fide sub-tenant or assignee is proposed to
Landlord by Tenant, and Landlord cannot reasonably withhold consent
to such proposed sub-tenancy or assignment, Landlord shall have the
right, at Landlord' s sole discretion, to terminate this lease upon
thirty (30) days written notice to Tenant in lieu of consenting to
such proposed sub-tenancy or assignment. Consent by Landlord to
one assignment of this Lease or to one subletting of the leased
premises shall not be a waiver of Landlord' s rights under this
Article as to any subsequent assignment or subletting. Landlord's
rights to assign this Lease are and shall remain unqualified.
ARTICLE 11. DAMAGE BY FIRE OR OTHER CASUALTY. If fire or other
casualty shall render the leased premises untenantable, this Lease
shall 'terminate forthwith, and any prepayments of rent shall be re-
funded by the Landlord pro-rata; provided, however, that if the
premises can be repaired within ninety (90) days from the date of
such event, then at Landlord' s option by notice in writing to Tenant
mailed within thirty (30) days after such damage or destruction, this
Lease shall remain in full force and effect, but the rent for the
period during which the premises are untenantable shall be discounted
pro-rata.
ARTICLE 12 . EMINENT DOMAIN. If such a portion of the leased
premises are taken by any public authority under the power of eminent
domain as to render the remaining portion unsuitable for the purposes
intended hereunder, then the term of this Lease shall cease as of
the day possession shall be taken by such public authority, and
Landlord shall make a pro-rata refund of any rent that may have been
paid in advance. All damages awarded for such taking under the power
of eminent domain shall belong to and be the property of Landlord,
irrespective of the basis upon which they are awarded.
ARTICLE 13 . SURRENDER. On the last day of the term of this
Lease or on the sooner termination thereof, Tenant shall peaceably
surrender the leased premises in good condition and repair consis-
tent with Tenant' s duty to make repairs as provided in Article 5
hereof. On or before the last day of the term of the lease or the
sooner termination thereof, Tenant shall at its expense remove all
of its equipment from the leased premises, and any property not re-
moved shall be deemed abandoned. Tenant shall reimburse Landlord
for any expenses incurred by Landlord with respect to removal or
storage of abandoned property. , All alterations, additions and
fixtures, other than Tenant' s equipment, which have been made or
-5-
installed by either Landlord or Tenant upon the leased premises
shall remain as Landlord' s property and shall be surrendered with
the leased premises as a part thereof. If the leased premises be
not surrendered at the end of the term or sooner termination thereof,
Tenant shall indemnify Landlord against loss or liability resulting
from delay by Tenant' in so surrendering the premises , including,
without limitation, claims made by any' succeeding tenant founded
on such delay, and attorneys fees. Tenant shall promptly surrender
all keys for the leased premises to Landlord at the, place then fixed
for payment of rent and shall inform Landlord of combinations on any
locks and safes on the leased premises.
ARTICLE 14 . NON-PAYMENT OF RENT: DEFAULTS. If any one or
more of the following occurs, 1) a rent payment from Tenant to
Landlord shall be and remain unpaid in whole or in part for more
than fifteen (15) days after notice from the Landlord; 2) Tenant
shall violate or default any of the other covenants , agreements,
stipulations, or conditions herein, and such violation or default
shall continue for a period of ten (10) days after written notice
from Landlord of such violation or default; or 3) if Tenant shall
be adjudged bankrupt or file a petition in bankruptcy or otherwise
indicates insolvency or becomes insolvent; then it shall be optional
for Landlord to declare this Lease forfeited and the said term ended,
and to re-enter said premises, with or without. process of law, using
_. such force as may be necessary to remove all persons or chattels
therefrom, and Landlord shall not be liable for damage by reason of
such re-entry or forfeiture; but notwithstanding re-entry by Landlord -
or forfeiture or termination of this Lease, the liability of Tenant
for the rent provided for herein shall not be relinquished or ex-
tinguished for the balance of the term of this Lease. Tenant will
pay, in addition to the rentals and other sums agreed to be paid
hereunder, such. additional sums as the court may adjudicate reason-
able as - attorney' s fees in any suit or action instituted by Landlord
to enforce the provisions of this Lease, or the collection of the
rentals due Landlord hereunder.
ARTICLE 15. HOLDING OVER. In the event Tenant remains in
possession of the premises herein leased after the expiration of
this Lease and without the execution of a new lease, it shall be
deemed to be occupying said premises as a tenant from month to
month, subject to all the conditions, provisions, and obligations
of this Lease insofar as the same can be applicable to a month-to-
month tenancy. „
ARTICLE 16 . COVENANTS TO HOLD HARMLESS . Except in the case
of negligence of Landlord, its agents or employees , Tenant agrees
to hold Landlord harmless for any liability for damages to any per-
son or property in or about the leased premises. All property
kept, stored, or maintained in the leased premises shall be so kept,
stored or maintained at the sole risk of Tenant. Tenant agrees to
pay all sums of money in respect of any labor, services, materials,
supplies or equipment furnished or alleged to have been furnished
• to Tenant in or about the leased premises which may be secured by
any mechanic' s, materialmen' s or other lien against the leased
premises or the Landlord' s interest therein and will cause each
such lien to be discharged at the time performance .of any obliga-
tion secured thereby matures, provided that Tenant may, upon
-6-
depositing and maintaining with Landlord a sum reasonably satisfactory
to Landlord to protect Landlord ' s interest in the leased premises
from such lien, contest such lien, but if such lien is reduced to
final judgment or process thereon is not stayed , or if stayed and
said stay expires , then and each such event Tenant shall forwith
pay and discharge said judgment. Landlord shall have the right
to post and maintain on the leased premises , notices of non-responsi-
bility under the laws of Minnesota.
ARTICLE 17. SUBORDINATION. Tenant agrees that this Lease shall
be subordinate to any mortgages or trust deeds now on or hereafter
placed upon said premises and to any and all advances to be made
thereunder, and to the interest thereon, and all renewals, replace-
ments, and extensions thereof.
ARTICLE 18. GENERAL. This Lease does not create the relationship
of principal and agent or of partnership or of joint venture or of any
association between Landlord and Tenant , the sole relationship between
Landlord and Tenant being that of landlord and tenant. No waiver of
any default of Tenant hereunder shall be implied from any omission by
Landlord to take any action on account of such default if such default
persists or is repeated , and no express waiver shall affect any default
other than the default specified in the express waiver and that only
for the time and to the extent therein stated. Each term and each
provision of this Lease performable by Tenant shall be construed to
be both a covenant and* a condition. All preliminary negotiations are
merged- into and incorporated in this Lease. This Lease can_ olly be
modified or amended by an Agreement in writing, signed by the parties
hereto. All provisions hereof shall be binding upon the heirs,
successors and assigns of each party hereto. Any notice required to
be served in writing hereunder shall be mailed to the parties at the
addresses set out after their respective signatures. Any and all
indebtedness owing by the Tenant to the Landlord pursuant to the terms
of this Lease which remains unpaid for a period of thirty (.30) days
after it first becomes due and payable shall bear interest from and after
the lapse of such thirty ( 30) day period at the rate of eight percent
(8%) per annum. This Lease shall not be effective until executed by
all parties hereto.
ARTICLE 19 . TERMINATION. It is understood and acknowledged by
Tenant that the leased premises are a part of the former city hall of
the City of St. Anthony and that the present city hall is located in
space leased by the City from Independent School District No. 282 in a
building known and referred to as the Parkview School Building. Tenant
further understands and acknowledges that the lease between the School
District and the City (hereinafter called the "Parkview Lease") pro-
vides that .in the event of substantial damage to or destruction of a
portion of the Parkview School Building, the Parkview Lease may be
terminated under certain circumstances. If the Parkview Lease is termi-
nated, the City may wish to reoccupy the leased premises covered by
this Lease. In view of the foregoing, Tenant agrees that if the Park-
view Lease is terminated by reason of fire or other casualty, Landlord
shall have the right to terminate this Lease upon thirty (30) days
prior written notice to Tenant. •
:a
- -7-
ARTICLE 20 . OTHER PROVISIONS. Attached as Exhibit A hereto
and made a part hereof are Supplemental Provisions to this Lease
relating to the following top or topics: Diagram of leased space.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
the day and year first above written.
For: CITY OF ST. ANTHONY
By:
Date Its Mayor
And:
Date Its City Manager
For : PHIL LaMERE d/b/a
BARBER STYLISTS
By:
Date Its
rn .
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6� � C
CITY OF ST. ANTHONY
ORDINANCE 1988-003
AN ORDINANCE RELATING TO WATER RATES; AMENDING
SUBDS. 2 AND 3 OF SECTION 550 : 00 OF THE 1973
CODE OF. ORDINANCES OF THE CITY OF ST. ANTHONY
THE CITY OF ST. ANTHONY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Subds. 2 and 3 of Section 550: 00 of the 1973 Code
of Ordinances are amended to read as follows:
Subd. 2. Water Rates. Water bills shall be computed
quarterly at the following rates for water used as indi-
cated by the meter supplying each water service:
Commercial, Residential and $ .8.0 per hundred cubic
Building Construction uses feet or any fraction
thereof
Subd. 3 . Minimum Charges. A minimum charge of $8.00 per
quarter is hereby established for all premises served, to
cover water pumpage, bookkeeping expenses, and meter rental.
All water sold shall be on the basis of meter readings
except in the case of minimum charges; provided, however, if
deemed necessary, a flat rate of not less than the minimum
charge may be established by the Council.
Section 2 . This Ordinance shall take effect upon its publica-
tion.
First Reading: February 9, 1988
Second Reading: February 24 , 1988
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on 1988.
•
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
FEBRUARY 24, -19.83
A. Call to Order.
B. Roll Call.
C. Approval of February 9 , 1988 H.R.A. Minutes.
D. Claims.
1. Dorsey & Whitney - $2 ,294. 29 .
E. Update of Kenzie Redevelopment Project.
F. Adjournment.
•
• C 2 TY O F S T . ANTHONY
HOU S 2 N G AND RE I7 EVE LO PMENT
AUTHOR=TY M 2 NUT E S
F EBRUARY 9 1 9 8 8
1 The meeting was called to order at 9 : 30 P.M. by Chair Sundland.
2 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/
3 Treasurer Marks, and Commissioners Makowske
4 and Ranallo.
5 Also present: David Childs, Executive Director
6 William Soth, H.R.A. Attorney
7 Richard Krier, Development Advisory Services,
8 Consultant
9 JANUARY 26, 1988 H.R.-A. MINUTES
10 Motion by Ranallo, seconded by _Marks to approve the above as
11 submitted.
12 Motion carried unanimously.
13 CLAIMS
• 14 Motion by Marks, seconded by Makowske to approve payment of $2 , 210 . 00
15 to Stuart J. Bonniwell for services rendered the H.R.A. for the 1986
16 H.R.A. audit.
17 Motion carried unanimously.
18 Motion by Marks, seconded by Enrooth to approve payment of $500. 40 to
19 the Dorsey & Whitney law firm for legal services rendered the H.R.A.
20 during December, 1987.
21 Motion carried unanimously.
22 KENZIE TERRACE REDEVELOPMENT PROJECT UPDATE - RICHARD KRIER
23 Both interested developers , , Gaughan and Lang Nelson are still seeking
24 financing for the project. Neither has found financing yet.
25 Because Gaughan seemed to be dragging its feet to acquire financing
26 for the project, Lang Nelson was approached in December as to their
27 interest. Lang Nelson will put up $10 , 000 to assure they will find
28 financing in 45 days.
29 Gaughan has contacted Midland, based in Des Moines, who indicated they
30 would finance at 9-1/45. Gaughan decided to drop them. First Bank
31 was also contacted and indicated they would not want to do a "lower
32 floater" type of deal.
33 HUD indicated the SAMA ( site/market analysis) sounded favorable
34 (considers the market, the rents, and the people) . Mr. Krier
� l
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1 indicated that if Gaughan went with HUD a lot more time would probably
2 have to be taken before conditional commitment would be received. If
3 Gaughan did decide to obtain financing in this manner, it would
4 probably take 45 to 60 days before the bonds can be marketed. Before
5 the FHA would give final commitment the plans, specifications, etc.
6 would all have to be submitted. There are many steps in this process
7 and it would take at least 90 days to complete it.
8 Lincoln National Life from Ft. Wayne, Indiana, was also approached by
9 Gaughan. That company offered a partnership - 50% of the deal and
10 they would put up some of the equity. Mr. Krier indicated this would
11 probably be a better deal for the developer, but would also take 45-60
12 days to close.
13 Mr. Krier feels the developers are "shopping" for the best interest
14 rates and this may be the main factor in the length of time it is
15 taking for the financing of this project. He feel sure, however, that
16 both the developers are still very interested in the project and do
17 not want to drop it.
18 Commissioner Ranallo indicated he is very concerned about the length
19 of time the potential developers are taking to get the project
20 started. He said that. in actual fact, the project still does not have
21 a developer. He said he understood, as did the Minneapolis residents
22 concerned with the project, that the project was ready to go back in
23 October. The Commissioner questioned the sincerity of either
24 developer for the project.
25 Mr. Krier indicated he felt both developers were still very
26 interested and sincere in their efforts toward the project and
27 reiterated that they were both looking for the best interest rates for
28 the financing.
29 Mr. Krier agreed with the H.R.A. that the reality is "we have nothing
30 on the table. " There are options, however.
31 1. Don' t deal with either Gaughan or Lang Nelson.
32 2 . Inform either or both developers that they have a
33 certain number of days to complete the financing.
34 3 . Inform either or both developers we would keep their
35 $10 ,000 (Gaughan has already given a check in this
36 amount to the City) and raise the cost every 15 days
37 until the project is financed.
38 When Commissioner Marks wondered if we would really get the project
39 going with one of these two developers, Mr. Krier again insisted that
40 the developers are shopping the market and when the interest rates are
41 economically feasible they will commit to the project.
2
i
Y
1 Mr. Soth suggested that what the H.R.A. needs from each developer is
2 an indication of what would give an "edge" to one or the other. Mr.
3 Krier believes if we ask for too much money, both companies "would
4 walk" and that in actuality the commitment to this project by the
5 developer is for $8 million, not just the $700 , 000 for the land.
6 Finally, it was suggested that the developers realize that the H.R.A.
7 is interested in doing the deal with someone who will put up enough
8 money to prove their interest.
9 ADJOURNMENT
10 Motion by Ranallo, seconded by Marks to adjourn the H.R.A. meeting at
11 10: 25 P.M.
12 Respectfully submitted,
13 Connie Kroeplin, Acting Secretary
14 :cjk
•15
3
DORSEY & IN'HITNEY
.c P.xrcrxc,,v In' iuiw I'xuvt..iuc.i Cuxr..a+ ucs
`?'=00 FIRST HANK PLgCE EAST
MINNEAPOLIS. MINNESOTA 35402
(6121340-2600
(Internal Revenue Account No. 41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
November 30, 1987
Mr. David M. Childs
Executive Director
Housing and Redevelopment
Authority of St. Anthony
3301 Silver Lake Road
Minneapolis, Minnesota 55418
Re: Housing and Redevelopment Authority
For legal services rendered from October 1, 1987,
through October 31, 1987, including:
Attend HRA Meeting on October 13, 1987 : $ 74 . 00
Gaughan Companies:
Revise Redevelopment Agreement; compute City' s
out-of-pocket costs to be paid by Arkell and prepare
statement; send letter to P. Brinkman re same;
telephone Gaughan attorney; telephone R. Krier;
inter-office conference with J. Gilligan re replacement
of Arkell on housing bonds ; revise Redevelopment
Contract; review and finalize Redevelopment Contract
and Guaranty, and prepare Resolution re approval of
same; send letter to the Mayor and Councilmembers;
telephone conference R. Krier re Redevelopment
Contract; inter-office conference with J. Gilligan
and P. Brinkman re termination of Arkand Redevelopment
Contract, matters regarding pay off of one bond issue,
handling of arbitrage, and new Agreement with Arkand;
telephone conference with P. Brinkman re bill for
HRA costs; conference with J. Gilligan re Agreement
with Arkand; telephone attorney for Meta; send letter
to Gaughan attorney re title insurance;. telephone
conferences with P. Brinkman and J. Gilligan re
revision of Agreement with Arkand; meet with Title
Company, Surveyor, Gaughan attorney and D. Childs
re title matters; telephone P. Brinkman re closing;
telephone calls with P. Brinkman, J. Gilligan and
D. Krier re signing with Gaughan and Arkand; telephone
conference with D. Childs : $2, 127. 50
TOTAL FEES $2, 201..50
PLUS DISBURSEMENTS (as per attached sheet) 92 , 79
TOTAL FEES AND DISBURSEMENTS $2,294.29
WRS :gle
615 178820 : 74, 81
Disbursements made for your account, for which bills have not yet been received,will appear on a later statement.