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HomeMy WebLinkAboutCC PACKET 02241988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100604 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 - • 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 i 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 • 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 • �-----� • Joc op �l A—P—A—C— H Q. UAR, Evlqlamw /jvjrxRm4.6Y zar FIAT zscmAt FAcxD $! .s�6-�v caQ��vET��AeFt PA/N�EO 2 cOURS 14 /A/TERNA u v a Ir �IAtLExAN �A«D S/B!V G9 B/N�TS —�t/o COPY 44"SWAAE rVAO POJZC 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 . x � f I I J r; • d i I n � 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 Nk 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.