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HomeMy WebLinkAboutPL PACKET 12201988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooazs Box: 15 Folder: PL PACKETS 1988 Document: PL PACKET 12201988 C 2'2'Y OF ST . ANTHONY P LANN 2 NG C OMM 2 S S 2 ON AGENDA DECEMBER 20 , 1- 988 7 : 3 0 P _ M COUN C 2 L CHAMBERS A. Call to Order. B. Roll Call. • C. Approval of November 15, 1988 Planning Commission Minutes. D. Designate Commission Representative to December 21, 1988 Council Meeting. E. Unfinished Business. 1. R. L. Johnson Sign Variance Request. F. Public Hearings. 1. 7:45 P.M. - Grace Cooney, for 2504 - 39th Avenue N.E. , conditional use permit. G. Adjournment. .. a C 2 TY OF S T . ANTHONY • P L ANN=NG C OMM= S S 2 ON M 2 NUTE S NOVEMBER 3- 5 , 1 9 8 8 1 The meeting was opened at 7: 31 P.M. with the Pledge of Allegiance led 2 by Chair Wagner. 3 ROLL CALL 4 Present for roll call : Brownell, Hansen, Wagner, Werenicz, Madden. 5 Absent: London, Franzese. 6 Also present: Sue VanderHeyden, Assistant to the City Manager 7 William Soth, City Attorney 8 OCTOBER 18, 1988 PLANNING COMMISSION MINUTES 9 Motion by Hansen, seconded by Werenicz to approve with the following 10 changes: 11 Page 1 , line 12: Close quotes on "locations" . 12 Page 4, line 36: Substitute "maintenance free" for "rough cedar appear- ing" . 14 Page 4 , line 37: Add "siding" after "vinyl" . 15 Page 6, line 25: Correct typo "been" . 16 Page 6, line 28: Capitalize "April" . 17 Page 7, line 36: Capitalize ":Chandler" . 18 Page 8, line 3 : Capitalize "August" . 19 Page 8, line 38: Substitute- "firm" for "form" . 20 Motion carried unanimously. 21 COMMISSIONER WERENICZ WILL REPRESENT PLANNING COMMISSION AT THE CITY 22 COUNCIL'S NOVEMBER 22, 1988 MEETING 23 Commissioner Hansen Wants Residents' Ability to Use Silver Lake Camp 24 Pursued Further 25 The Commissioner indicted he had not been at the October 18th meeting 26 and therefore had not been able to express his opinion on the above. 27 He reported he and his children had been chased away from fishing off 2 1 the Kiwanis Island bridge and he anticipated many other St. Anthony • 2 residents might have had the same experience. Commissioner Hansen said 3 he had noted that there were many times throughout the week when no one 4 was using the campgrounds and he perceived that because "St. Anthony 5 taxpayers are paying for fire and police- department services without 6 reimbursement in the form of taxes from the non-profit Salvation Army" , 7 they should be allowed to use the campgrounds during periods when there 8 would be no conflict with camp planned activities. It was his 9 contention that the City provided "valuable resources to the camp" which 10 he perceived should be compensated in turn by allowing the City 11 residents to use that lake which "is one of the City's most valuable 12 resources. " 13 Mr. Soth told Commissioner Madden that, although the lake itself is 14 "public domain" , the shoreline is not. Chair Wagner indicated the camp 15 officials had said they allowed school activities at the camp now and 16 planned to encourage more activities for St. Anthony schools in the 17 future. He said he had talked to School District #282 and had been 18 told more school activities by St. Anthony students would be promoted 19 by the School District. In addition, Chair Wagner indicated that the 20 Salvation Army would hold an open house following the improvements to 21 the Salvation Army Camp. Commissioner Hansen indicated he did not 22 perceive an open house when the new buildings go up would meet what he 23 perceived were the camp owners' responsibilities to the City and said 24 he would like to see a formal plan from them regarding what they 25 planned in that respect. • 26 PUBLIC HEARINGS 27 ARRlicants Unwillingness to Compromise on Size of Sign at 3055 Old 28 Highway 8 Causes Commission to Lay Request Over for a Month 29 At 7:45 P.M. Chair Wagner opened the hearing to consider a request from 30 R. L. Johnson Investment Co. for a variance from the sign regulations 31 of the City Code to allow installation of a free standing sign at the 32 above address (former Medtronic building) which would be 86 square feet 33 larger and 6.9 feet taller than the City Code allowed for that building 34 without landscaping. 35 The Chair read the notice of the hearing which had been published in the 36 November 2; 1988 Bulletin and mailed to all property owners of record 37 within 250 feet of the subject property, none of whom was present at 38_ the hearing. 39 Application from R. L. Investment Co. , 701 Decatur, Golden Valley, and 40 Nordquist Sign Company, 312 West Lake Street: 41 *for a variance from the City Code requirements which would allow them 42 to erect an 118 square foot, 2 sided ground sign with overall height 43 of 11.9 feet in the southernmost corner of the parking lot south of the • 44 former Medtronic building. The sign would be internally illuminated as 45 illustrated by the sign company in the Commission agenda packet. 3 • 1 Staff Report 2 In his November 9th memorandum, Mr. Childs had reported the City's 3 policy of allowing a square footage bonus if the sign is. shorter than 4 five feet, which was not true in this case. He had also indicated that 5 the ordinance allowed a sign to be as tall as 8 feet if it is landscaped 6 but said this would not allow the sign copy to be larger than 32 7 square feet. The City Manager had also given arguments both for and 8 against the variance saying there might be justification for granting 9 the variance because of the building's location and size, which could 10 potentially result in several tenants needing identification. The City 11 Manager could perceive no hardship because the ordinance allows one 12 wall sign up to 150 square feet for each tenant and the height of the 13 building and its configuration would make such wall signs very visible. 14 The memorandum suggested a compromise variance might be worked out with 15 the applicants whereby a smaller ground sign could be granted in lieu 16 of wall signs of the size permitted each tenant. 17 Proponent - Charles Youngquist of R. L. Johnson Co. 18 The management company representative responded to the staff memorandum 19 by saying there were almost two separate buildings in that structure 20 with a medical administrative services company, StrategiCare, Inc. 21 utilizing all the space in the tower section and his firm expecting 4Eto lease the south wing to possibly four other companies which made medical devices in the labs Medtronics left behind. He argued that a 24 sign as large as his company had proposed would be necessary to carry 25 copy identifying StrategiCare, Inc. and the four tenants as well as the 26 building name and the name of his firm with its telephone number. Mr. 27 Youngquist said he doubted the 4 X 4 foot sign the City allowed could. 28 ever carry all that copy and still be read at speeds of 55 miles an hour 29 from Highway 88, which is at least 40 feet away from the building. He 30 also: 31 *conceded that Commissioner Hansen had been right when he said were 32 not "drive-by businesses like McDonald's, etc." , but rather that the 33 primary amount of traffic would be either clients or delivery truck 34 drivers, who although they might never have been there before, knew 35 pretty much the location and type of building they were looking for; 36 *told Commissioner. Hansen the size of the sign had been based on the 37 sign company's previous experience with the size required for this much 38 copy and the speeds of drivers expected to be looking for the building. 39 He indicated the StrategiCare logo dictated some of the size and said 40 because his company is located in Golden Valley, they perceived a 41 need for the manager's name and phone number on the copy; 42 *indicated Johnson Investment had concluded it was better to carry all 43 the names on the sign rather than to have them plastered all over the building; 4 1 *also pointed out that the main entrance to the building was located • 2 away from Highway 88 and said the tenants' names would probably also 3 appear on the sidelights of that doorway with internal signage 4 designating the units as well. 5 When Commissioner Hansen asked whether the management company had given 6 any thought to landscaping around the sign to "reduce the imposition 7 of the sign on the surrounding area" , Mr. Youngquist indicated he 8 perceived there were probably things which could be done to soften and 9 hide the base. The Assistant to the City Manager said she had figured 10 that if the sign were allowed to be 8 feet tall, 177 feet of 11 landscaping would be required by the ordinance. 12 When Chair Wagner asked Mr. Youngquist whether he had considered cutting 13 down the size of the sign, which far exceeded the City Ordinance, he 14 responded by saying "I just don't think it's going to be worth doing at 15 all if we do it any smaller. " He said the sign he was proposing was 16 only average when it came to the signs his firm used in other locations. 17 He questioned whether the sign base should be counted in the overall 18 sign. size because he perceived it was only "an attempt to get the sign 19 high enough to be seen from the road. " When he suggested removing the 20 base and putting the sign on a pole, he was told that would be a pylon 21 sign which the Ordinance doesn't allow. 22 Commissioner Hansen reported getting a call from a resident who lived • 23 almost directly behind where the sign was planned and wanting to know 24 why it couldn't be located further north on the property. Mr. 25 Youngquist indicated the drivers who want to turn into that site have 26 to see the sign in time to utilize the left hand turning lane and mature 27 spruce trees between the building and the highway would obscure the view 28 of drivers coming from the north. He said he couldn't see any gain in 29 eliminating the trees. 30 Mr. Youngquist said he thought his company might be willing to berm up 31 the area under the sign base and, although StrategiCare ran a night 32 shift, to turn off the sign after regular business hours because the 33 company was probably not receiving clients or deliveries at night. 34 Commissioner Werenicz told the management representative that there was 35 a problem for him with both the height and sign size included in the 36 same variance because together they represented "an awful lot for you 37 to be asking" . He said even with berming, the sign would be 3 . 9 feet 38 taller than the Ordinance allowed and asked if Mr. Youngquist would be 39 willing to make any compromise. Mr. Youngquist argued that this was a 40 very large building for St. Anthony and he perceived they needed a 41 sign big enough to be easily read from Highway 88. He said he could 42 go back to the drawing board but thought his firm had exhausted a lot 43 of the potential because a free standing sign seemed to be the best 44 solution for the building. He contended that if a sign identifying 45 all the tenants and the building itself were put up on the tower wall, • 46 it might be more confusing than to just identify the major tenant in 47 that space. He reiterated that there were actually two buildings in 5 �. that structure and the four other tenants would also need 2 identification. The proponent told the Commissioner he agreed with a 3 32 square foot sign to identify buildings on a side street but thought 4 it would be very difficult to identify that building with a sign that 5 size from Highway 88 "going 55 miles an hour. " 6 Mr. Youngquist said he had not talked to any of the neighbors in that 7 area, assuming they had been notified by the City of the hearing and 8 would be present if they had any serious concerns. He also said berming 9 the sign to the extent which would be necessary for it to be seen from 10 the highway would probably place the berming out in the City's right- 11 of-way. 12 The Chair checked to be sure no residents had come into the hearing 13 during the discussion and when none responded to his request for 14 questions, closed the hearing at 8:14 P.M. for the development of a 15 Commission recommendation to the Council. 16 Commission Response 17 Commissioner Hansen said there was no way he could vote for the 18 variance request because he perceived that with a height of close to 19 12 feet, the proponents were asking for "more of a billboard than a 20 sign. " The Commissioner said he still wasn't certain where the sign 21 was going to be located and perceived a danger of "obstruction at that �2 exceedingly dangerous intersection" . He said he didn't like a sign that �3 large abutting a residential neighborhood and thought building 24 identification would be sufficient since it would be in keeping with 25 signage for shopping malls all over the metropolitan area who don't have 26 tenant identification on the outside of their buildings. The - 27 Commissioner said in view of the apparent unwillingness of the proponent 28 to compromise at all on the size or location of the sign, he just 29 "generally opposed the request as submitted". 30 Commissioner Brownell stated that he supported the monument type sign 31 but would like to see something done to reduce the size. He said he 32 supported it as an alternative to having facie signs on the building 33 which would be totally uncoordinated. The Commissioner indicted he 34 also wanted to see a complete sign plan for the building before he acted 35 on the request and as "someone who drives by the location every day, 36 said he wanted to see specifically where the sign would be located. 37 Commissioner Werenicz indicated agreement with the other Commissioner's 38 concerns about size-, particularly the height, and preference for a 39 monument type rather than wall signs. He said he would not be opposed 40 to a sign in the general area proposed but considered the height to be 41 the major issue. The Commissioner indicated he could recommend 42 approval of a monument sign which- would be lowered, with landscaping 43 to make it attractive appearing, on which the copy would be cut. 44 Without such a compromise, Commissioner Werenicz said, he was totally �5 opposed to the package which had been presented that evening. He �6 suggested Mr. Youngquist return to his company to see if some other 6 1 options weren't possible and wanted the request tabled until that was • 2 accomplished. 3 Commissioner Madden said he thought the sign which had been proposed was 4 too large and too high. He agreed that the sketch which the proponents 5 had submitted should have indicated the location of the roadway and the 6 right-of-way in relation to the sign, but thought a reasonable 7 compromise would be in order for the City to get monument rather than 8 wall signage. He suggested "a more subtle approach with a reduced 9 size combined with berming would be a better way to go" , and suggested 10 the way to accomplish that might be for the Johnson Investment Co. it staff to sit down with City staff to try to work out signage which would 12 be more palatable to the rest of the Commissioners. 13 Chair Wagner indicated he also didn't like the size of the sign and 14 thought a compromise should be worked out with staff. 15 Commission Action 16 Motion by Madden, seconded by Brownell to defer action on the Johnson 17 Investment Co. request for a month and to return the proposal to staff 18 for a conference with the applicant to provide additional information 19 and possibly a compromise. 20 Motion carried unanimously. 21 Commission Votes 4 to 1 to Recommend Extension of Video Ucdate Permit 22 Subject to Removal of Lights in Store Window 23 At 8: 25 P.M. the Chair read aloud the Notice of Hearing to consider the 24 request from Craig Belisle, Video Update, 2510 Kenzie Terrace, for 25 amendment to the conditional use permit granted February 28, 1984, which 26 would approve expansion of the existing video tape sales and rental 27 operation into the adjacent 1,200 square feet of retail space vacated 28 by the Popco Cleaners. The permit would bring the video operation into 29 conformance with the Zoning code, since the requested expansion was done 30 without any building permit and without conditional use permit approval 31 by the City. 32 Only the applicant was present to discuss the issue. 33 Staff Report 34 In his November 9th memorandum, Mr. Childs had advised that Video 35 Update was in violation of the City's sign code regarding flashing 36 lights and recommended the conditional use permit should be approved 37 with the same conditions as the original permit but with the added 38 condition that the flashing lights be removed. He also recommended the 39 entire conditional use permit be rescinded if the video shop proprietor 40 does not comply. • 7 •1 Ms. VanderHeyden reported the City had within the last few days 2 determined that no contractor had -been used for the expansion project 3 which had been done by the proprietors themselves, which, she said, is 4 also in violation of the City Code. Action on this violation would be 5 delayed until the City Manager returns from vacation. Ms. VanderHeyden 6 told Commissioner Hansen the Public Works Director had inspected the 7 property and she thought, but wasn't certain, had found the work had 8 conformed to the City code. 9 ARRlicant Pleads Ignorance of City Requirements 10 Mr. Belisle said he was the President and owner of Video Update and told 11 the Commissioners: 12 *he had not realized he needed to apply for an amendment to the 13 conditional use permit to expand his operation into the vacant space 14 next door, for which he apologized; 15 *he thought he only needed a building permit if he were to build 16 support bearing walls and said all he and three of his salesmen did was 17 to remove two free standing walls and repair some drywall; 18 *the work was completed in 36 hours, where hiring a contractor would 19 have forced him to shut down his business and cost a lot more money. 6 0 When the video store owner said he still wasn't certain he needed a 1 building permit for the work he had done, Chair Wagner told him he had 22 to at least apply for the permit and the determination would be made by 23 the City after finding out just what the extent of the work had been 24 because a project as big as this one could very well have required a 25 licensed electrician or plumber. 26 Ms. VanderHeyden explained that the City wanted to be certain a 27 contractor hadn't done the work without a permit which would have been 28 another violation of the City Code and therefore had not required a 29 permit from the store owner up until now. 30 Chair Wagner then reiterated that the permit extension was still 31 dependent upon the removal of the flashing window lights which appeared 32 to be a long standing violation problem with this store. Mr. Belisle 33 confirmed that a while ago he had been notified by the City that he was 34 in violation of the City Code, to which a lawyer from the Video Update 35 franchise had responded with a letter to the City saying the lighting 36 "did meet the City Ordinance because those lights were a symbol of that 37 type of business just the same as the revolving signs in front of barber 38 shops are" . The store owner reported the City had made no response to 39 the lawyer's letter and he had therefore assumed that "things were OK" . 40 Mr. Belisle told the Commissioners that "the flashing lights are no 41 longer . flashing and won't be -flashing in the future. " He confirmed �2 that he would accept that as a condition for extending his conditional �3 use permit to allow the store expansion. The. store owner said 8 1 difficulty in getting the lights to stop blinking had been part of the • 2 reason for the delay in turning them off. When he told Commissioner 3 Werenicz he only intended to turn off the flashing and didn't want to 4 remove the lights altogether because that would cost him "hundreds of 5 dollars" , and would have them lit only during business hours. The 6 Assistant to the City Manager reported that she had been under the 7 impression that the lights had to be removed as stated in Mr. Childs' 8 memorandum. 9 In regard to the temporary sign he had put out in front of his store, 10 Mr. Belisle told Commissioner Hansen he "probably got permission for 11 that a couple of years ago from Dave Childs" and when the City Manager 12 had told him he could have the sign for up to two weeks every year, he 13 had not realized he had to get the City's permission every time he put 14 the sign out. The store owner attributed his failure to get permission 15 again to ignorance and the fact that he had not gone over to City Hall 16 to read the ordinances. Chair Wagner told him it only took a phone 17 call to the City offices to confirm anything he was not sure of. 18 When Mr. Belisle said he would probably request a variance to the Sign 19 Ordinance to retain the lights in the window, Commissioner Werenicz 20 warned him that in view of his failure to respond to the City's 21 directions in the past, he. might have trouble getting that. The store 22 owner reiterated that failure to respond had not all been one sided. 23 Ms. VanderHeyden told the Commissioners she understood Mr. Hamer to • 24 say that Mr. Belisle had been informed that the Planning Commission had 25 already indicated an unwillingness to allow the flashing lights and she 26 said the City Manager had been in close contact with the store owner the 27 past few months about their removal and had documented his visits and 28 the store's non-compliance after each visit. Several of the 29 Commissioners recalled the removal of the lights as being informal 30 discussion items during several past Planning Commission meetings. The 31 Assistant to the City Manager then reported that in regard to the City 32 giving permission for the temporary sign in front of the video store, 33 she had been told by both Mr. Hamer and Mr. Childs that Video Update 34 had been informed that such permission would not be granted as long as 35 the flashing lights were still operating in the store's window which had 36 been documented as continuing for the next two weeks. This was another 37 instance where Mr. Belisle was supposed to get back to the City but, 38 failed to do so. 39 Mr. Soth said he wasn't certain of the exact Ordinance wording dealing 40 with lights around the perimeters of windows but he perceived the issue 41 before the Commission that evening was whether the Commission wanted to 42 impose the removal of the lights on the conditional use permit 43 regardless of what the Ordinance says, which he said is "within your 44 rights to do if you want the lights out of the window. " 45 Before the hearing was closed, Mr. Belisle responded by saying he had 46 talked to Mr. Childs about the lights and had told him "Why can't I just 47 turn off the blinking lights?, but that I needed to get in touch with 48 the person who sold the lights to me to help me with that." He said 9 when he mentioned that to the City Manager, Mr. Childs never told him 2 "the lights have to be removed completely and he just led me to believe 3 that all I had to do was to stop the flashing, which the ordinance 4 forbids because they could be a traffic hazard and that sort of thing." 5 The store owner said Mr. Childs was aware that he was attempting to stop 6 the flashing lights, "but not removing them, and didn't say 'No, Craig, 7 I want you to remove them completely from the store, and that's the 8 bottom line. " He said he had not been told that any time during the 9 couple of times he had talked to Mr. Childs. He reiterated that he had 10 not turned off the lights several years ago because he was waiting for 11 the City's response to the Video Update attorney's letter. 12 No one present provided any further input to the discussion and the 13 Chair closed the hearing at 8:46 P.M. for the following Commission 14 response: 15 Commissioner Hansen indicated he would be leery of granting a permit 16 extension without assurance that the building was safe after its 17 expansion. He was told the extension could be granted subject to the 18 approval of the Building Inspector. Mr. Soth advised that what the 19 Planning Commission was really doing that evening was recommending that 20 the Council add this condition to the conditional use permit to which 21 the City can add any condition it wants to. 22 Commissioner Brownell was told they would only be extending the QP4conditional use permit to the expanded space and that the same conditions which applied to the original February 28, 1984 permit would 25 apply along with any other new conditions the Commissioners chose to 26 recommend the Council impose on that permit. When Commissioner Brownell 27 indicated he perceived the Commissioners didn't really know the intent 28 of staff, Chair Wagner told him he would recommend the Commission 29 include the removal of the lights as a condition for approving the 30 extension in their motion, with the understanding that the Council could 31 modify that condition based on further information of staff. 32 Commissioner Werenicz agreed, indicating he didn't think there was a 33 reason for allowing this store to have the flashing lights when compared 34 to other Twin Cities video stores who don't have them. He said he found 35 that "application to be actually quite unusual when compared to the 36 norm. " 37 Commission Recommendation 38 Motion by Werenicz, seconded by Hansen to recommend to the City Council 39 that they grant an amendment to the conditional use permit granted 40 originally on February 28, 1984, to Video Update, 2510 Kenzie Terrace 41 N.E. to include the expansion of the video store's retail space into the 42 adjoining space, which had recently been vacated by Popco Cleaners. 43 The Planning Commission further recommends that the original conditions 44 the Council imposed on the permit be again made conditions for the OP6 extension along with two more which the Commission perceives necessary at this time, as follows: 10 • 1 1. There would be no viewing of tapes in the store, except for bona fide 2 demonstrations of tapes and no viewing would be visible from outside the 3 store. 4 2. The proprietors must comply with all state laws relating to obscenity 5 and to any ordinance of the City of St. Anthony thereafter relating to 6 obscenity. 7 3. Conviction of the owner or any of the employees of the owner for 8 violation of obscenity laws in the operation of the store would be 9 grounds for revocation of this permit by the City Council. 10 4. The flashing lights in the front window of the store must be removed 11 by December 1, 1988. 12 5. The expansion construction must meet all building codes. 13 Voting on the motion: 14 Aye: Werenicz, Hansen, Wagner, and Madden. 15 Nay: Brownell. 16 Motion carried. • 17 At 8.55 P.M. the Chair read aloud the Notice of Hearing to consider the 18 request from Edward Hance for a variance to allow a front yard setback 19 of 13 feet (ordinance requires 30 feet) for a garage to be constructed 20 in conjunction with construction of a single family dwelling at 2813 21 Silver Lane. The notice had been published in the November 2nd Bulletin 22 and sent to all property owners of record within 200 feet of the subject 23 property. No one present reported failure to receive the notice or 24 objected to its content. 25 Staff Report 26 As stated in the City Manager's November 9th memorandum to the 27 Commissioners related to the request, Ms. VanderHeyden drew the 28 Commissioners' attention to the fact that the previous garage on that 29 parcel had been located only about 10 feet behind the property line, so . 30 the new structure, which would have a 13 - foot setback, will be more in 31 compliance with the Zoning Ordinance. She also pointed out that the. 32 applicant had waited to pour the section of footings which would be in 33 non-conformance until after he had gotten City approval. The Assistant 34 to the City Manager reiterated that staff had perceived one of the 35 hardships on which approval could be based was the substantial setback 36 from the lake which was required by the Rice Creek Watershed District 37 of all properties abutting Silver Lake. Another was the shortness and 38 narrowness of the lot coupled with its steepness. ;iii 11 Ms. VanderHeyden indicated she and Mr. Childs had visited the site 2 several times before he left on vacation and seen for themselves that 3 there are many homes and garages on the lake with less setbacks from the 4 road than the requested 13 feet. Chair Wagner said he had also noted 5 the very irregular patterns of setbacks along that street. 6 Applicant - Edward Hance, 2401 Lowry Avenue N.E. 7 *reiterated many of the points in favor of the variance he had stated 8 in his October 27th letter, copies of which had been included in the 9 Commission's agenda packet along with copies of the Rice Creek Watershed 10 District permit; letters from homeowners on both sides of the property 11 indicating they had no objections to the proposed garage addition; list 12 of neighbors who had been sent notices of the hearing; and a picture of 13 a van parked in the garage area. Site and elevation sketches of -the 14 house and garage had also been provided. 15 *said houses in the area which have garages much closer to the street 16 are primarily on Silver Lake Terrace and Silver Lake Court, the two 17 streets on either side of his property; 18 *indicated the site of the proposed garage is 13 feet from the right- 19 of-way at its east corner and 17 feet from the right-of-way at its west 20 corner, but the garage structure would be 31 feet from the roadway; �1 *pointed out that his next door neighbor, Ken Solie, 2817 Silver Lane, 2 also got' a variance from the City' to build within 20 feet of the right- 23 of-way; 24 *said because the lake in front of his home has a bay area, his lot 25 is one of the shortest in an area of very irregular sized lots which 26 provided quite unusual circumstances for building a home because the 27 houses face the lake, but the Ordinance considers their front yards to 28 be next to the road; 29 *indicated that if he had provided the required setback along Silver 30 Lane, his home would have been substantially out of alignment with all 31 the homes next to him on the lake, which would have spoiled his 32 neighbors' view of the lake; 33 *told the Commissioners if he had been allowed to use the normal rear 34 yard setback rule, - which is 25% of the total lot length, i.e. , 37 feet 35 for the garage, he wouldn't have had to apply for a variance from the 36 roadside; 37 *added that in measuring the roadside setbacks of other homes in the 38 same area, he had found five homes on Silver Lake Terrace with 39 structures less than 20 feet from the roadbed itself; 40 *told Commissioner Brownell that if the variance weren't granted, he would have to construct the garage substantially shorter and would probably not be able to house his cars because the non-conforming 12 1 garage, which was there before, had apparently been grandfathered in to • 2 the current City Ordinance; 3 *told Commissioner Madden the roadbed at that point is almost 33 feet 4 across and there's about 16-1/2 feet on either side of the right-of-way 5 and the Commissioner's calculations that the distance from the edge of 6 the bituminous might be 29-1/2 feet rather than the 31 feet he had 7 calculated were probably correct. 8 Neighbor Asks Questions 9 Andrew Szurek whose home at 2809 Silver Lane was identified as the 10 first property east of the subject property and whose signed indication 11 that he had no objections to the proposed addition had been included in 12 the agenda packet; 13 *wanted to know how Mr. Hance's garage would line up with Mr. Solie's 14 on the west side and whether the City would inspect the project before 15 the garage was constructed; 16 *indicated Mr. Hance was coming in with some "surprises" about which 17 he said he had talked to the lawyer before the meeting, including the 18 fact that the structure would be built three feet higher than he had 19 first anticipated, which caused him some concern about drainage; 20 *said he was concerned that the adjoining land might be landscaped • 21 higher than his property where the land between the two parcels had 22 been level before and he would like to see assurances in writing that 23 it wouldn't create a drainage problem for him. 24 Mr. Hance addressed what he said he perceived were two concerns of Mr. 25 Szurek, drainage and access to his property. He said he and the 26 Building Inspector, Larry Hamer, had both assured that adequate 27 provisions for drainage would be made when the Hance lot is raised to 28 street level, leaving Mr. Szurek's lot lower. The applicant told the 29 Commissioners that the swales which are now only primitively constructed 30 on both sides of his property would ultimately be finished to guarantee 31 no drainage on either neighbors'- properties (which, of course, would 32 also be a City requirement) . 33 Mr. Hance said the other issue which bothered Mr. Szurek was how the 34 . Hance driveway would be constructed, which the attorney said was still 35 not resolved. He :explained that four of the homes had 10 foot easements 36 along side and parallel to Silver Lane, but on their own respective 37 properties, which had served as a sort of service road. Although his 38 driveway wouldn't encroach on any of his neighbors' easements, Mr. Hance 39 said he wanted to get that eliminated but hadn't quite worked out the 40 agreements which would provide egress and ingress to their lots. He 41 said he was trying to negotiate an agreement with the Szurek's whereby 42 he would construct a new driveway for them in exchange for their 43 releasing the agreement, but the neighbor on the other side had ,to agree 44 to that as well. 13 • 1 No one else spoke to the issue and the Chair closed the hearing at 9:04 2 P.M. for development of the following motion: 3 Commission Recommendation 4 Motion by Brownell, seconded by Hansen to recommend the City Council 5 grant the variance requested by Edward Hance which would allow garage 6 construction at 2813 Silver Lane within a minimum of 13 feet from the 7 front property line in accordance with the architect's October 11, 1988 8 site and elevation drawings in the Planning Commission's November 15th 9 agenda packet. In recommending the variance be granted, the Commission 10 finds that the applicant had satisfactorily addressed the three 11 requirements for granting a variance and a hardship had been created 12 for the applicant by the strict regulations of the Rice Creek Watershed 13 District requiring a substantial (57 feet according to Mr. Hance) 14 setback from Silver Lake. 15 Motion carried unanimously. 16 Junk Yard Appearance of Property in Same Area Concerns Commissioner 17 Madden 18 The Commissioner wondered if the owner of property just down from Mr. 19 Hance might not be operating a junk yard from his home because he had �0 seen car batteries piled high in the yard which he assumed was in 1 violation of not only the City Ordinances but also environmental 22 pollution regulations. The Assistant to the City Manager told him she 23 knew this was a problem staff was working on already, but promised to 24 make a note to find out more about it from Mr. Hamer. 25 Commission Doesn't Like Extra Driveway or Less Exterior Brick 26 At 9:10 P.M. the Chair opened the public hearings scheduled to consider 27 revisions in the Development Concept Plan and Detail Plan for approval 28 under the Planned Unit Development for the construction of a 201 unit 29 apartment complex on the former St. Anthony Village Shopping Center 30 property which the developers have now named Kenzington Apartments of 31 St. Anthony. The developers, LaNel Financial Group, Inc. had also 32 requested a waiver of the Preliminary Plat and approval of the Final 33 Plat of the project property. Because of its length, as well as the 34 fact that the Commissioners would be acting on the information covered 35 in the Notices of the Hearings which had been published in the 36 November 2, 1988 Bulletin, the Chair , with the concurrence of the rest 37 of the Commissioners, did not -read the documents aloud. 38 Copies of the notices had been mailed to all property owners of record 39 within 350 feet of the subject property along with copies of the most . 40 current plans. No one reported failure to receive this documentation 41 or objected to its content. Staff Report 14 1 Nr. Childs' November 9th memorandum addressing the two requests from the • 2 developers which had been reported in the Notices of Hearings and 3 explained the proposed amendments to the Development Concept .Plan and 4 Detail Plan approved in August, 1988, which, he said: 5 *allow parking around the perimeter of the site rather than in the 6 center; 7 *provide separation in parking between the individual buildings to 8 give each building more of its own identity; 9 *move the buildings away from the site perimeter which would decrease 10 the "mass" of buildings adjacent to the abutting property owners; it *add an additional driveway entrance to Kenzie Terrace on the west 12 side of the property to give separate identity to the individual 13 buildings; 14 *provide villa-type units on the ends of each building which would be 15 dropped down to two stories high with separate entrances for these units 16 designed to get away from the long hallways and to reduce overall 17 building mass on the site; 18 *provide a more efficient pathway system for the project. 19 The City Manager had suggested the Commissioners question the developers • 20 about the lessening of brick on the buildings. 21 Ms. VanderHeyden indicated staff had been very pleased with the changes 22 perceiving they were all positive and recommended adoption of the 23 Final Plan. She told Chair Wagner the only call the City had gotten in 24 response to the Notice of Hearings mailed to the neighbors had been from 25 one women who expressed disappointment that the pools weren't to be 26 inside so she could do lap swimming. 27 Design and Site Changes Emlained by Developers 28' Greg Bronk, Gene Nelson, Frank Lang of Lang/Nelson Associates, and Carl 29 Frederickson of Leonard Lampert Architects discussed the changes in the 30 project since August with the Commissioners. 31 Mr. Bronk: 32 *reiterated that his firm' had closed on the bonds in September and 33 the City had negotiated the purchase of the land with his firm's 34 acquisition anticipated sometime in December, after which demolition 35 would start and construction would get underway; 36 *explained that LaNel had consulted five different architects before 37 deciding on the villa-type structures which produce a type of multi- 38 family housing closer to a single family environment which appears to 39 be very attractive today; 15 • *indicated that by making each building three stories high in the 2 middle and two stories high on each side, the project could retain the 3 dormitory effect in the middle but provide separate entrances for the 4 units on the end. This would get away from the long hallway and still 5 maintain the number of units on the site necessary to provide enough tax 6 base to retire the tax increment; 7 *said they had also been able to move the mass of the buildings away 8 from the boundaries of the property which with two of the buildings 9 dropping down to two stories at the ends, would make the project more 10 pleasing to the eye from a distance; 11 *told Chair Wagner the 50 unit senior building would remain a three 12 story structure. The other senior building would have the dropped roof 13 effect and would have 75 units. The third building with the same 14 configuration would be 76 units of high quality general rental; 15 *indicated the new proposal provided one to one underground heated 16 parking in the buildings and matching 201 spaces of surface proof of 17 parking outdoors with perhaps only 144 constructed initially. 18 The Lang/Nelson representative told the Commissioners his firm perceived 19 the all and all sense of this plan was really designed with the 20 community in mind and would be a better appearing project than the one Wthey had presented before with interior parking. 22 Commission Reaction 23 Chair Wagner was concerned that the new plan hadn't provided for an 24 emergency vehicle access which the City had included in their original 25 project requirements. He was assured that would be worked into the 26 plan. The Chair also noted the interior walkway did not appear on the 27 plans. 28 Commissioner Hansen expressed what appeared to be a common Commission 29 concern, that the plan included another curb cut off Kenzie Terrace 30 which they perceived would intensify , what are already traffic flow 31 problems on that street in that particular area. The Commissioner 32 told the LaNel officials the City had already spent thousands of dollars 33 to provide a traffic signal in front of the Kenzington which was 34 designed to control traffic from this development and it was feared the 35 new entrance would only encourage drivers to make a U-turn. to get into 36 the senior building. Commissioner Hansen pointed to the Nativity 37 Lutheran Church parking lot traffic as a prime example of drivers 38 ignoring traffic signs and said the same problems were being experienced 39 in front of Kentucky Fried Chicken farther south on Kenzie Terrace. 40 Chair Wagner said he was afraid another driveway in that area would 41 just create the need for another traffic light three hundred feet from the one in front of the Kenzington. He said he considered this to be "a real problem. " 16 • 1 Mr. Bronk told Commissioner Werenicz the ponding could be placed 2 anywhere on the site to take care of drainage and it appeared to be more 3 aesthetically pleasing in the new location. 4 When Commissioner Hansen asked whether Lowry Avenue could serve as an 5 alternative to another Kenzie Terrace curb cut, he was reminded that the 6 room would probably be filled with opponents from the Minneapolis 7 Stinson Triangle if that word ever got out. The Commissioner said he 8 would expect the same kind of reaction when residents learn about the 9 additional driveway. 10 The exterior finishes were discussed with the architect. Mr. 11 Frederickson indicated the senior Building A would have an exterior 12 entirely of brick and Buildings B and C would have brick around their 13 main entrances with textured siding around the porches and the two story 14 entrances. The third floor on Buildings B and C would be entirely wood 15 finish with an exclusively brick face on the two story portions. 16 Elevators would be provided to the three story portions but the villa- 17 type units would have -separate entrances with stairwells to the second 18 stories. The architect pointed out that the concept was very unique 19 because very few buildings incorporated both the center hall as well 20 as the villa walkup concept in the same structure. He also drew 21 attention to the canopy above the entrances, a new feature, which had 22 proved to be very popular with their new Coon Rapids project. • 23 The Chair was shown the elevations and car hood high berming which had 24 been designed to block the view of the project from Kenzie Terrace. 25 The architect also explained the spillway next to the pond had been 26 designed to take care of any ten year cycle storm runoff the City sewer 27 system in that area couldn't handle. The security systems were also 28 explored in depth. 29 Commissioner Brownell quoted from the Commission's August 16th minutes 30 that "brick exteriors are required by the Redevelopers Agreement but 31 wood accents would be allowed to highlight the balcony or extended 32 living room areas" and asked whether what the developers were presenting 33 that evening complied with that requirement. Mr. Nelson confirmed that 34 wood was less expensive than brick, but pointed out that dropping the 35 roofs to try to make the buildings look like villas had been very 36 expensive and the developers had to cut the costs someplace. He said 37 he still thought that any one walking up to Building B or C would still 38 see a brick building. 39 Mr. Soth indicated that the change required more than a Commission 40 interpretation that less brick would be acceptable, but also a 41 modification of the wording of the Redevelopment Agreement which had 42 been quite specific about the amount of brick required in the 43 exteriors. 44 There was also agreement that the access off Lowry Avenue had been 45 specifically forbidden previously. 17 1 When it was ointed out to the developers that there was unanimous P P 2 opposition on the Commission to another curb cut on Kenzie Terrace, Mr. 3 Nelson said he certainly didn't want any traffic problems to affect his 4 rentals and wouldn't want another traffic light in the area. 5 Mr. Soth suggested that there was a real timing problem involved and 6 recommended that the Commission make their recommendations to the 7 Council approving any of the changes they felt they could so they 8 could work out some alternatives to access with the developers if 9 possible at their November 22nd meeting. 10 Several alternatives for resiting the structures to provide access to 11 both Building A and C without increasing the traffic around the senior 12 buildings were explored with the architect. Mr. Frederickson suggested 13 traffic studies could be done and perhaps by eliminating the extra 14 driveway area, the developers might be able to rotate Building A to gain 15 more land between buildings. Commissioner Hansen suggested the City 16 might even be willing to grant a setback variance to get that 17 accomplished. 18 When Commissioner Hansen asked the City Attorney whether the Planning 19 Commission would get another look at the Final Plan before it's 20 approved, Mr. Soth told him the Ordinance contemplated the Final Plan 21 as being virtually the same as the Detail Plan, so although the Final W 3Plan would be shown to the Planning Commission, it would more or less be set, so to speak, by that time. He said the only purpose of the 24 Final Plan is for the City to have something permanent on file. 25 Chair Wagner indicated he could foresee even a joint Council/Planning 26 Commission to give final approval to the revisions. 27 Commission Recommendations 28 Motion by Madden, seconded by Hansen to recommend the Council waive the 29 Preliminary Plat and approve the Final Plat which combined all the 30 parcels of the Kenzie Development Project into a single lot. 31 Motion carried unanimously. 32 Motion by Madden, seconded by Brownell to recommend to the Council that 33 the Development Concept Plan and Detail Plan be amended as presented in 34 the Site Plan dated November 4, 1988, presented at the November 15th 35 Planning Commission hearing with the exception that the westernmost 36 curb cut be eliminated and the placement of Building A be adjusted to 37 accommodate access to Building C and that changes in the Redevelopment 38 Agreement be made as needed. The Planning Commission also recommends 39 the Detail Plan provide for an access for emergency vehicles only 40 through the adjoining shopping center area. 41 Motion carried unanimously. 18 1 commissioner Werenicz was instructed to emphasize the Commission 2 objections to the additional curb cuts and concerns about the amount of 3 brick on the buildings. 4 Ms. VanderHeyden urged anyone who wanted -to go to the planning seminar 5 in January to get in touch with her as soon as possible. 6 ADJOURNKENT 7 Motion by Hansen, seconded by Wagner to adjourn the meeting at 10:10 8 P.M. 9 Motion carried unanimously. 10 Respectfully submitted, it Helen Crowe, Secretary 12 13 • • t C al n thon illa e ATE : APPROVA December 14 1988 C'.. To : planning Commission Members ) FROM : David M. Childs, City Manager \ ITEM : R. L. JOHNSON (OLD MEDTRONIC BUILDING) SIGN VARIANCE REQUEST This item was tabled at the last meeting to allow the applicants to submit more information about the exact location of their proposed freestanding sign and to evaluate the size of the proposed sign to see if a smaller sign would be- effective. The attached map gives distance of the proposed sign from the building, roadway on Highway 88 and to Old Highway 8 on the south. It also shows the relative location of the sign with respect to the two illegal plywood signs presently at that location. The size of the proposed new sign is 9'0" X 514". (This is 48 square feet per side or a total of 96 square feet. ) The previously proposed sign was 10' X 5110-3/4" or a total of 118 square feet. This represents an approximately 20% reduction in proposed sign surface area. The new sign base is 3 feet tall for a total height of 816" whereas the previous plan was for a 6 foot base and an overall height of 11'10-3/4" . The trade off of this sign. for the building signs is a good one, but I feel that it is very important that the fact that it is a trade off be in the motion to avoid any confusion in the future. :cjkl2 .20.88 � 7 l NOR114111l` 1 tillA (AAMUIPANY, ING December 1, 1988 Mr. David Childs City Manager THE CITY OF Sr. ANI1-IONY 3301 Silver Lake Read St. Anthony, MN 55418 Dear Mr. Childs: We would like to submit our revised proposal to furnish and install an identification sign for the R.L. Johnson Property located at 3055 Old Highway 8. The revised pro- posal includes a reduction in the sign size as well as the base size. A site plan which includes distances to the roads is also included for your review. If you have any questions regarding our submission, please do not hesitate to call. Thank you. • Sincerely, NDR=ISr SIGN CCWANY, INC. Barbara Pitcher BP/ch Enclosure cc: Mr. Chuck Youngquist • 312 WEST LAKE STREET MINNEAPOLIS, MINNESOTA 55408 (612) 823-7291 ESTABLISHED 1904 p WS pap oo ILI Z" v —1 I - — .� 10 J l `�, r V E - 11� tILI 14A St. Anthony Business Center o SlfraLe5iCare _ _ 1 zM� a i – INC. — = TYM- I ALUM. E XTFUSIOrj 0 - tenant tenant _ T tenant tenant __ 3/I(c" whl Ti ACSY l� Ff'.CES �.I� Dom. Q N .... . .- .-..—__— -- ..... .- _ -- - n B U D• >' WHITE CcsY. a; Managed by R.L. Johnson Co. 541-1970 N tz � I C T `4 � s q/��n� .ZSB" 4JALL� STE�•L .P1P� -- � - . . ,n AP X 4'-0 DeE'p; �cbv FS. I. ° L K, I Cctyc.�ET� FG�TIHCa. I EL� ��ATIC?N-! 112-11 if 6 5 IC� 0. 1 r i 1 w H.O. FLUO(-Ef>C-EHT I , I� 3/Ili" WHITE # 7525 i P.C,F-YLI(, — — --- — ( — 'TYPE V AL.W c. Ir1ET, I I W E�L P To PI PE FASTEty .STEEL L TO }SLUM. GXT....�FAME i XI/k�' c� 5TESL P I PE �N .063" A LUr�I. E1/Ia.L. -._.. fAI t1T.A�R-h $hOH Z E, I .080"A SUM. POLE coVEF-, PAI HT Dp.I;IK I�o.Z h.T.5. Sole Revisions This drawing is the property of Custon'ier Iz.L.-bHMSvH r-�OTF-p 40-11-66 �► 1 Drawn By. N111�111P111� 1 Address 5OSS [=L.D HWy. PL. 511: 1;111\1: Salesperson 312 West Lake Street N X City M PI.S• D•t Custp� al Date Minneapolis,MN 55408 State Date �'OV ,gyp° M H -5- 2.7-88 612.823.7291 t % co S_ v, z � N = = N C Z � M wol --f-mac-- � St. Anthony Business Center ID StraLe5iCore. WQ _ s TYPE = ALUM. EXTI�l,'SIGri = CA9lt-ieT ,f&IHT DK_. 54!OI-IZE: _ tenant tenant tenant_ tenant 3110 WHITE Acrtywc FACES wt DK. tr-OHZE $KAHD• WHITE GOFY• Managed by R.L. Johnson Co. 541-1970 1 ALUM.T-evEAL, F::I HY PAr-K b;�DHZ>:. i _—. . -- .off ufj E� 1. POLE G�"�� 5,9jle,-Z58" .WALL-STEEL: ripe Z=O VIA. X+'-D" PEE? i ZcCX� EL� vATIt�N � N I . ain thou a e ATE : A P PROVA November 9 , 198A 4N/�Y TO : planning Commission Members FROM David M. Childs, City Manager I TEM : R. L. JOHNSON INVESTMENT CO. SIGN VARIANCE REQUEST This request from R. L. Johnson Investment Co. is for a ground sign (2 sided) of 118 square feet and overall height of 11.9 feet. The site is the south side of the old Medtronic building, which is located in a light industrial zone. Section 430, Subdivision 6 of the City code (page 9 of the Sign code) speaks to this issue: >A two sided sign may be 32 square feet in size (16 square feet per side) unless it is less than 5. feet in height. A square footage bonus is allowed if the sign is shorter than 5 feet in height. That is not the case in this request; so no bonus is given. >A sign may be taller than 5 feet (maximum 8 feet) if it is landscaped in accordance with Subd. 6, d. 2. This does not, however, allow the sign to be larger than 32 square feet. >The proposed ground sign would be in lieu of a wall sign on the building (see sign code, page 11 (C. 2) . The applicant requests a sign which -is 86 square feet larger and at least 3.9 feet taller than the ordinance allows (if landscaping were shown on the plans) . Since no landscaping is shown, it is really 6.9 feet too tall. Arguments for a sign larger than 32 square feet! *The building is located on Highway 88 which has traffic speeds higher than most other light industrial sites in the City, so greater visibility is needed. *The building is the largest industrial building in the City (100,000+ square feet, with 68,000 square feet leasable) and could potentially have several tenants which need identification. Arguments against such a variance: -2- *Each tenant is allowed one wall- sign which can be up to 150 square • feet in size, so no hardship exists. *The height of the building and its configuration would make wall signs very visible. A reason for considering a compromise variance is that granting of some kind of variance would prevent having the owners place several 100 - 150 square feet signs on the building (one for each tenant) since the ground sign would be in lieu of wall signs. Any approval of a variance should probably have it clearly stated that the ground sign is in lieu of all wall signs. • :cjkll.15.88 • i . ai itholi ills e ATE : APPROVAL : December 14 . 1988 TO : � Planning Commission Members FROM : VI David M. Childs, City Manager ITEM : REQUEST FROM GRACE COONEY FOR CONDITIONAL USE PERMIT - FOX SCHOOL OF MASSAGE & THERAPEUTIC MASSAGE TREATMENTS, 2504-39TH This is the second request for a conditional use permit for a massage facility in St. Anthony this year (Rehab Dynamics, March, 1988) . I would not predict, however, that we will see an epidemic of such uses just as we haven't been overrun by body tanning salons, etc. I expect that a growing acceptance of massage as a legitimate business may have increased interest in such businesses at this time. This request differs from the Rehab Dynamics request (minutes attached) in several ways: *Ms. Cooney proposes a school of massage and therapeutic massages ., located in a small shopping center; *Rehab Dynamics was specifically a part of a occupational therapy and rehab facility and was a Medicare approved facility in conjunction with the Apache Medical Complex; *hours of operation appear to be somewhat later in the day for Ms. Cooney's proposal; *both follow the code of conduct as provided by the American Massage Therapy Association. Because this is not a Medicare approved facility and seeks to meet different needs than Rehab Dynamics, the conditions proposed may need to be modified somewhat with respect to hours of operation, but the others should remain intact. :cjkl2. 20.88 C S TY OF S T . ANTHONY P LANN S NG C OMM S S S S ON AGENDA 7 = 30 P . M . COUN C S L CHAMBERS A. Call to Order. B. Roll Call. C. Minutes. 1. December 20, 1988 Planning Commission. D. Designate Commission Representative to the Council Meeting on January 24, 1989. E. Public Hearings. 1. 7: 35 P.M. - Slick's Alternative, for - 38th Avenue N.E. , conditional use request (#01-89) . 2. 8:00 P.M. - Eberhardt Co. , for 2900-2955 Pentagon Drive; sign variance request (#02- 89) . F. Miscellaneous. 1. Planning Workshop. G. Adjournment. C 2 TY OF S T . ANTHONY P LANN S NG C OMM 2 S S 2 ON M 2 NUTS S DECEMBER 20 , 3- 988 1 2 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led 3 by Chair Wagner. 4 ROLL CALL 5 Present for roll call: Brownell, London, Franzese, Hansen, Wagner, 6 Werenicz, Madden. 7 Absent: none. 8 Also present: David Childs, City Manager. 9 NOVEMBER 15 1988 PLANNING COMMISSION MINUTES 1.0 Motion by Brownell, seconded by Werenicz to approve the above with the .1 following changes: 12 Page 5, line 32: correct typo "facia". 13 Page 12, line 10: Substitute "west" for "east". 14 Page 13, line 40: Substitute "No one was present" for "No one" . 15 Motion carried unanimously. 16 CHAIg WAGNER WILL REPRESENT PLANNING COMMISSION AT CITY COUNCIL MEETING 17 THE FOLLOWING EVENING. 18 rnJFrHrSHED BUSINESS 19 Revised SiQnage for 3055 Old Highway 8 Accented by Commissioners 20 At 7:40 P.M. the Chair reconvened the. public hearing on the sign 21 variance requested for signage at the above location by R. L. Johnson 22 Investment Co. Their application had been laid over at the Commission's 23 November 15th meeting for further consultation between the applicants 24 and City staff to evaluate the size of the proposed freestanding sign 25 to determine if a smaller sign might be as effective. The applicants 26 had also been requested to provide further information about the exact 27 location of the sign in respect to its possible visual obstruction 28 of traffic coming off Highway 88. i _.., 1 t 1 Staff Report - Mr. Childs 2 The City Manager reported that he had not been at the November 15th 3 hearing on the variance for a freestanding sign to identify new tenants 4 in what was formerly the Medtronics building, but he had concluded from 5 reading the minutes of the hearing that the Commissioners had requested 6 the building management and sign company representatives who had 7 requested the signage to take another look at the size and the height 8 to see if a sign smaller than 118 square feet would also work for them. 9 He indicated that was what they had done and the new plans in the agenda 10 packet represented a sign with a 20% reduction in sign surface area and 11 a total height of 8 feet, 6 inches as compared to the almost 12 foot 12 high sign originally proposed. The above information had been reported 13 in Mr. Childs' December 14th memorandum to the Commissioners in which 14 he had also indicated he thought the trade off of the sign proposed that 15 evening for the wall signs which the Sign Code allowed on that building 16 to be a good one. He had also emphasized the importance of including 17 that fact in any motion of approval to avoid confusion in the future 18 because those minutes "will be our corporate memory long after those of 19 us present this evening are no longer involved in City planning." Mr. 20 Childs also drew attention to the site map in their agenda packet which 21 illustrated the sign's relationship to .the two plywood signs currently 22 on the site. He pointed out that the new sign would be sited almost 80 23 feet from the shoulder and 85 feet from the curb on Highway 88. The 24 City Manager reported conversations with Mr. Youngquist had indicated 25 the building manager felt any sign smaller than the one they were now 26 proposing would not be feasible because it would lose its impact from 27 the highway. 28 When Commissioner Hansen asked Mr. Childs what he meant when he called 29 the existing signage illegal, the City Manager explained that one of the 30 "for lease" signs the building managers had erected had been legal, but 31 the identification sign was non-conforming to the sign code and had been 32 the impetus for the variance process. 33 Proponents - Charles Youngquist of R. L. Johnson Investment and Barbara 34 Pitcher of Nordquist Sign Company 35 Mr. Youngquist indicated he perceived the revisions they had made in the 36 signage would achieve not only their own needs for recognition from the 37 highway but would also address the concerns the Commissioners had 38 expressed during the first hearing. He pointed to the proposed sign's 39 location on the site plans in relation to the intersection of Highway 40 88 and Old Highway 8, saying there would have to be considerable 41 stacking before the sign could interfere with the visibility of drivers 42 on Highway 88. 43 Commissioner Brownell told him it was hard to see the plywood signs if 44 a driver is southbound on Highway 88 because of the rows of cedar trees 45 which screen the east side of the building or the row of Russian Olive 46 trees along the parking lot. The building manager indicated the sign 47 siting had been based on the visual sighting the sign company 2 1 representative had made by driving back and forth along the highway in 2 front of the building. 3 Commissioner Brownell asked how much total signage would be on the 4 building after the monument sign is erected. Mr. Youngquist answered 5 that the proposed sign would for the most part be the sign to identify -6 the major tenants in the building. The only additional signage 7 contemplated would be at the main entrance to the building off Old 8 Highway 8 where the name of the only tenant in the building now, 9 StratigCare, appears in vinyl lettering on one side of the doorway. The 10 building manager indicated the names of other future tenants might be 11 produced in a similar manner on the other side of the door. However, 12 Mr. Youngquist said, until the proposed new sign goes up his firm 13 perceives a need to .retain the 40 foot long, 2-1/2 foot wide leasing 14 banner they now have on the building tower. 15 Commissioner Hansen told Ms. Pitcher he was somewhat concerned about 16 having a nine foot wide sign abutting a residential neighborhood because 17 several of those residents had called him indicating that among other 18 things one of their main concerns was the sign lighting at night. He 19 said he had a hard time finding a sign of the same magnitude on any 20 other City facility "except maybe the new City sign which had just been 21 erected. " 22 Mr. Youngquist told him he was certain the high school identification 23 sign just east of City Hall was at least 9 feet wide and almost 8 feet = �4 tall and said that sign only had to be read from cars going 30 miles an 5 hour while a sign on Highway 88 would have to be read by drivers going 26 up to 55 miles an hour. The TCF sign on Silver Lake Road and the 27 Apache Medical Building sign on Stinson Boulevard were also cited as 28 examples of non-conforming signs for which variances had been granted. 29 Ms. Pitcher pointed out that the proposed sign would have a dark 30 background with -light copy which would be lit "with as low emission of 31 light as you can get. " The sign company representative said she 32 perceived that type of sign should be a lot more subtle and professional 33 than having black copy on a white background. 34 Mr. Youngquist indicated that although the building had a potential for 35 six tenants, only the main tenant and four others would be listed on the 36 sign and any additional tenants would have to be listed on the directory 37 in the lobby. 38 Commissioner Madden said he had noticed the ground where the sign was 39 proposed to be erected was sloping quite a bit towards the highway and 40 he wondered if that slope had been included in the applicant's - 41 estimation of the base size or if the slope would be evened out for the 42 base. Mr. Youngquist said he was certain that as a result of the 43 installation there would have to be some soil restoration done in the 44 ground around the sign. He added that one of the reasons they had gone 45 with a three foot base had been to compensate for and prevent the sign 46 copy from being obscured by snow cover in the winter time. However, he 3 1 assured the Commissioner that there would be no more than three feet 2 from the bottom of the sign to the ground level. 3 The building manager told Commissioner Werenicz he thought the norm of 4 regular hours of operation for the tenants would probably be from 7:30 5 A.M. to 5: 30 P.M. but from the standpoint of his firm marketing vacant 6 space, it would be more beneficial to have the sign lit until 9:00 or 7 10:00 P.M. He reiterated that the sign would be facing the highway and 8 its lighting directed away from the residences west of the building. 9 Mr. Childs said he thought having it only interior lighted would direct 10 less light towards the homes than having a spotlight shining on the it sign itself. 12 Commissioner Hansen conceded that the sign would probably direct less 13 light than a sunset would towards the homes but said he thought what the 14 residents who had called him were objecting to the most was having a 15 large sign staring at them when they are sitting out on their decks. 16 Commissioner Franzese asked whether the investment company had 17 researched whether it wouldn't be better to highlight the name of the 18 building as the St. Anthony Business Center rather than the names of 19 tenants who would probably change often. Mr. Youngquist admitted "no 20 exhaustive research" had been done on that point but the reason the 21 building name had been included in the copy had been because his firm 22 wanted to tie the building identification in with the community so 23 people would know it was no longer the Medtronics Building. 24 There was no one present to speak against the variance and the Chair 25 closed the hearing at 8:03 P.M. for Commission reaction to the proposal. 26 Chair Wagner indicated he would rather see the sign in its reduced size 27 than he would signs all over the building in different sizes, shapes 28 and colors as allowed by the City Sign Code. He said he thought the 29 proposed sign was a dignified way of identifying the tenants in the 30 building and with only limited lettering at the entrance, the building 31 would look very professional. 32 Mr. Childs told Commissioner Brownell that just as had happened at 33 Apache, once the City has granted a variance for the proposed signage 34 in lieu of permitted wall signage, the tenants would have no legal 35 grounds for seeking individual wall identification but could have window 36 signs the same as the Apache merchants do now. He. said it would be up 37 to the building owner to inform the tenants about that through the 38 leases. The City Manager said he perceived the way the managers would 39 provide identification for the building tenants would be by listing the 40 larger ones on the sign and the smaller on the directory as Mr. - 41 Youngquist had testified they do in other buildings they manage. He 42 pointed out that the signage the major tenant would be allowed on the 43 building was 150 square feet, which they would be allowed to retain 44 along with wall signs for other tenants depending on the space they 45 rented if the freestanding sign wasn't allowed. 4 1 Commissioner Madden said he was also pleased with the reduction of the 2 sign's size from what was proposed last month and And that there would 3 be adequate distance between the sign and the two abutting roadways. 4 The Commissioner added that he certainly preferred this. sign to the two 5 new signs which had been recently erected on the City's Stonehouse which 6 he stated were in his estimation "very tacky and set a poor example for 7 private industry. " 8 Commission Recommendation 9 Motion by Franzese, seconded by Madden to recommend the City Council 10 grant the request from R. L. Johnson Investment for a variance from 11 the sign regulations of the City code which would allow the installation 12 of a free standing sign at 3055 Old Highway 8 in accordance with the 13 specifications for a 9 foot X 5 foot, Oin, ch sign with a three foot tall 14 base (overall height of 8 feet, 6 inches) in the location proposed by 15 the applicant during the continuance of the .public hearing on the 16 proposal conducted by the Planning Commission, December 20, 1988. The 17 Commission further recommends the variance be granted upon the condition 18 that: 19 1. the proposed sign would be in lieu of all other permitted wall signs 20 provided for that building in the City Ordinance; 21 2. all current leasing and identification signs and banners on and next 22 to the building be removed as soon as the permanent signage is `3 positioned, sometime around March 1st; and 24 3. all sign lighting be turned off by 10:00 P.M. 25 In recommending the variance be granted, the Planning Commission finds 26 that: 27 a. the new proposal appears to address the concerns of the residents who 28 live near the building which had been communicated to Commissioner 29 Hansen; 30 b. all three conditions which are statutorily required to be satisfied 31 have been satisfactorily addressed with the revised signage proposal. 32 Motion carried unanimously. 33 Massage School and Therapy Center. 2504 - 39th Avenue N.E. Approved 34 Subject to Conditions 35 At 8:19 P.M. the Chair opened the public hearing to consider the 36 application from Grace Cooney for a conditional use permit to allow the 37 operation of a school of massage and therapeutic massage treatments in 38 a Commercial "C" zoning classification, in the Apache Squares Building 39 just west of the Apache Plaza mall. __ ' 5 J I 1 Chair Wagner read aloud the Notice of the Hearing which had been 2 published in the December 7th Bulletin and sent to all property owners 3 of record within 350 feet of the subject property. None of these were 4 present to report failure to receive the notice or to object to its 5 content or to the permit itself. 6 Staff Report - Mr. Childs 7 The City Manager in his December 14th memorandum to the Commissioners 8 had drawn comparisons between this proposal and the permit issued to 9 Rehab Dynamics in March, 1988. He indicated that because the new 10 facility would not be in the Apache Medical complex but rather in a 11 small shopping center and the applicant's hours of operation appear to 12 be later in the day, he perceived there might be a need for modifying 13 the hours of- operation somewhat in respect to that condition but 14 recommended the other two conditions be repeated with this permit. 15 The City Manager indicated further that: 16 *the applicant had also indicated a willingness to abide by the code 17 of conduct provided by the American Massage Therapy Association which 18 was one of the conditions imposed on Rehab Dynamics; 19 *the minutes of the meetings which dealt with the Apache Medical 20 facility had been included in the Commissioners' .agenda packet for 21 reference; 22 *the packet had also included Ms. Cooney's application in which she 23 had specifically addressed the three conditions statutorily required 24 to be satisfied before a conditional use permit can be authorized; 25 *the only call staff had received in response to the Notice of the 26 Hearing had been from Mr. Cavanaugh, President of C. G. Rein Company, 27 the Apache managers, who had just wanted further information regarding 28 the proposed facility but had no objections to it once Mr. Childs had 29 explained what the permit entailed; 30 *told Commissioner Franzese staff had received no complaints 31 related to the Rehab Dynamics facility. Ove_' 32 Proponents - Grace Cooney and her husband, Mike, 12940 overload Road, 33 Dayton, MN 34 Ms. Cooney: 35 >reiterated much of the information contained in the November 29th 36 letter attached to her application in the Commission agenda packets 37 along with other documents indicating more about her school and .38 professional .standing; 39 >reported both her business and students in the Touch of Life School 40 of Massage she operated out of her home at the above address had 6 I increased to the point where she needed more space, especially office 2 space, than was available in her home; 3 >told Chair Wagner she had found affordable space in the new Apache 4 Squares building which she had picked because 1) she had lived at two 5 New Brighton locations since 1969 before she moved to Dayton and knew 6 the area well and 2) due to the fact that there were no massage 7 schools in the suburbs where there were many in Minneapolis; 8 >indicated she would like to continue to teach students massage for 9 their own use on family or friends or to seek employment in 10 chiropractic clinics, health clubs, or beauty shops where therapeutic 11 massage services are offered; 12 >said in addition to her school, she would like to be able to offer 13 therapeutic massage treatments on an individual basis in her new 14 location during the day and after work up until a little after 7:00 15 P.M. However, because the four hour classes she offers once a week 16 don't end until 10:00 P.M. , she would need permission to keep the 17 business open to 10:00 P.M. 18 >the massage school director described the qualifications for 19 receiving a certificate from her school, indicating that there are 20 Know state rules for licensing or certification in that field. She 21 indicated 13 states do license and require from 200 to 1,000 hours of 22 class time for certification, which her school could not grant because ''3 her basic class is for only 45 hours; 24 >told Commissioner Werenicz that although her primary business in the 25 past had been her massage -school, she now wanted to be able to offer 26 massages which would help pay the rent at the new location; 27 >said she would use her students to give the massages and envisioned 28 • having only -one besides herself to start out with but at the most 29 would use two other at this location:; 30 >indicated she would probably not want to offer massage appointments 31 much after 6:00 P.M. on nights she wasn't conducting classes; 32 >indicated she only had 8 students in her Dayton facility now and 33 anticipated growing into only 20 for her new offices; 3.4 >told Commissioner Franzese that if there was a demand for massage 35 treatments on the weekends she would like to offer them but only on 36 Saturdays until noon; 37 >said the only time she would be open on Sundays would be for the 38 seminars she now holds twice a year on subjects like sports massages 39 which are conducted by a lecturer from out of state and for an 40 occasional weekend workshop which she conducts from 9:00 A.M. to 6:00 41 P.M. 7 I When Chair Wagner pointed out that the hours of operation for Rehab 2 Dynamics had been restricted to only Medicare approved times which 3 probably wouldn't extend into the evening hours, Ms. Cooney indicated 4 it would be very important for her to be able to hold classes in the 5 evenings to accommodate students who worked during the day. She said 6 she saw no reason for conducting massage treatments after 10:00 P.M. and 7 agreed not to hold seminars on Sunday before noon. The school director 8 said she had no problem with the other conditions the City had imposed 9 on Rehab Dynamics and reiterated that she also was a member of the 10 American Massage Therapy Association, as indicated in the copy of 11 the certificate in the agenda packet, and would be complying with the 12 standards of conduct they had established. 13 There being no one else present to speak for or against the permit the 14 hearing was closed at 8:31 P.M. for Commission discussion. 15 The Chair told Commissioner Franzese he perceived the City would want 16 to continue to impose conditions on this type of activity in the City 17 and would therefore not want to make therapeutic treatment centers 18 permitted uses over which the City had no control. Mr. Childs pointed 19 out that if the application had only been for a massage school, no 20 permit would have been necessary because a school would have already 21 been a permitted use in that zoning district, but the City Attorney had 22 recommended that a more restrictive approach be taken regarding 23 therapeutic massage treatment centers. It was noted that one of the 24 other tenants in that same building, Domino's Pizza, stayed open late 25 most nights for pick up and phone delivery service. 26 Commissioner Madden indicated he could see no reason for treating this 27 business any differently than any other business which operates in the 28 City on Sundays. The consensus was that the hours of operation for 29 Rehab Dynamics had been restricted to the hours it had only because 30 those were the hours the applicant had asked for. Commissioner 31 Werenicz' concerns about allowing massage treatments much past 10:00 32 P.M. were accepted in view of the fact that the applicant had indicated 33 her classes would be out by then and the fact that Ms. Cooney had 34 indicated she didn't intend to take appointments for massage treatments 35 past 6:00 P.M. and at the latest they would be finished shortly after 36 7:00 P.M. The Commissioners concurred that the second condition 37 imposed on the Apache Medical Building massage treatment facility 38 should provide the necessary safeguards against any illegal activities. 39 The maker of the following motion said the documents in the agenda 40 packet attesting to the applicant's reputation and professional training 41 as well as her stated intent to comply with the code of ethics of the- 42 massage association had convinced him that concerns which might be 43 valid for other treatment$ centers of the same nature should be no 44 problem with this particular facility. Commissioner Hansen also pointed 45 out that he was recommending the permit be issued only to Ms. Cooney, 46 Director of the school which would assure that the permit couldn't be 47 transferred to another owner. There were no Commission objections to 8 1 restricting the Sunday hours of operation to noon when the Apache Mall 2 opened. 3 commission Recommendation 4 Motion by Hansen, seconded by Brownell to recommend the City Council 5 grant the Touch of Life School of Massage, Grace Cooney, Director, the 6 requested conditional use permit for the purpose of providing a 7 therapeutic massage as well as instruction in such at 2504 - 39th Avenue 8 N.E. (Apache Squares Building, just west of the main Apache Plaza mall) 9 which is in a commercial "C" zoning classification. 10 The Planning Commission further recommends the permit be granted only 11 under the following conditions: 12 1. hours of operation would be restricted to from 8:00 A.M. to 10:00 13 P.M. , Monday through Saturday and noon to 6:00 P.M. on Sunday; 14 2. the permit would be automatically revoked if there is any violation 15 of applicable City or state statutes related to criminal sexual 16 conduct by any person associated with the operation; 17 3. the massage therapy and training offered in this center must comply 18 with the code of ethics and definition. of massage therapy established 19 by the American Massage Therapy Association which had been provided 20 by the applicant. 1 In recommending this permit be granted, the Planning Commission finds 22 that: 23 a. there was no opposition to the permit demonstrated either before or 24 during the Commission's December 20, 1988 hearing; and 25 b. all three conditions statutorily required to be satisfied before a 26 conditional use permit may be authorized appear to have been met with 27 this application. 28 Motion carried unanimously. 29 After the applicant had .left, Commissioner Brownell reported he had 30 called Dayton and talked to the City Administrator and the Clerk who 31 had both reported having no problems with Ms. Cooney's operation in 32 their community. 33 The City Manager then updated the Commissioners on the curb cut for the 34 Kenzington Apartments. of St. Anthony project for which the redevelopers 35 had resited some buildings so only 37 of the underground parking stalls 36 in the senior building would use that driveway for exiting onto Kenzie 37 Terrace. He said the final plans would be submitted and the closing 38 scheduled for January 10th not December 22nd as originally thought 39 because Lang/Nelson had become very concerned about having all tenants 40 physically out of the project property before they purchased it from 9 1 the City without their being indemnified against problems which they 2 envisioned might occur if all the property wasn't vacant before the 3 closing. He assured the Commissioners that all the remaining tenants 4 had signed agreements to vacate the property before the 10th. 5 Mr. Childs indicated one of these businesses, Slick's Alternative, would 6 be appearing before the Commission at their January 17th meeting to seek 7 a conditional use permit to operate their facility next to the Salvation 8 Army store in the same building as the Country Store. 9 ADJOIJRWEM(T 10 Holiday greetings were exchanged before the following: 11 Motion by Madden, seconded by Franzese to adjourn the Planning 12 Commission meeting at 9:00 P.M. 13 Motion carried unanimously. 14 Respectfully submitted, 15 Helen Crowe, Secretary 16 :cjk 17 10 C 2 TY O F S T . ANTHONY • C=TY C OUN C 2 L M 2 NUTS S DECEMBER 1- 3 , 1 9 8 8 1 The meeting was called to order at 7: 30 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 5 Also present: David Childs, City Manager 6 William Soth, City Attorney 7 NOVEMBER 22, .1988 COUNCIL MINUTES 8 Motion by Marks, seconded by Makowske to approve with the following 9 changes: . 10 Page 4, line 30: Substitute "life" for "life" . it Page 4, line 39: Substitute "non" for "con" in "non-conforming" . Page 7, line 23 : Substitute "tie" for "time" . 3 Page 9: line 17: Substitute "weren't" for "were" . 14 Page 9, line 40: Substitute "flow" for "low" . 15-:' Page 11, line 27: Insert ""in a memorandum dated" before "July 18. 11 . 16 Page 12, line 17: Delete "all the waste materials" . 17 Page 12, line 31: Correct spelling of "Evertz" wherever used on 18 this page or elsewhere in the minutes. 19 Page 15, line 19: Substitute "now" for "not" . 20 Page 15, line 35: Substitute "the" for "his" . 21 Page 16, line 32: Substitute "above" for "about" . 22 Page 19, line 26: Substitute "Christen" for "Christensen" . 23 Page 19, line 36: Substitute "charges" for "changes" . 24 Page 22, line 8: Substitute "January" for "February" . 25 Motion carried unanimously. 26 LICENSES/PERMITSfPETITIONS 27 Motion by Ranallo, seconded by Enrooth to grant the following licenses 28 as listed in the December 13, 1988 Council agenda packet: 29 Heating 30 Thermex Corporation, Minneapolis 31 A. Binder & Son, South St. Paul • 1 1 Contractors 2 Construction 70 Inc. , Roseville • 3 Bruce Holten Construction, Inc. , St. Anthony 4 Paul S. Gray, Faribault, MN 5 H & L Remodeling, Inc. , Minneapolis 6 Motion carried unanimously. 7 CLAIMS 8 Motion by Ranallo, seconded by Marks to approve payment of all City 9 accounts payable for November 30th and Liquor Operation accounts payable 10 for November 17th as listed in the December 13th Council agenda as well 11 as all City accounts payable for December 13th distributed before the 12 meeting. 13 motion carried unanimously. 14 Motion by Enrooth, seconded by Ranallo to approve payment of $2,400.00 15 to the Hance & LeVahn law firm for legal services rendered for the month 16 of December, 1988 relative to St. Anthony prosecutions. 17 Motion carried unanimously. 18 Motion by Enrooth, seconded by Ranallo to approve payment of $1,497.98 19 to the Dorsey & Whitney law firm for legal services rendered in 20 connection with the issuance of $210,000 General Obligation Sewer 21 Revenue Bonds for the Foss Road Lift Station. 22 Motion carried unanimously. 23 Motion by Marks, seconded by Ranallo to approve payments of $16,510.79 24 and $2,893 .50 to Briggs and Morgan law firm for legal services rendered 25 during October, 1988 in conjunction with the City's water contamination 26 law suit. 27 Motion carried unanimously. 28 Motion by Marks, seconded by Ranallo to approve payments of $3, 348.00 29 and $3 , 240.00 to Calgon Carbon Corporation for service fees on the 30 temporary carbon filtration facility during October and November, 1988. 31 Motion carried unanimously. 32 A short discussion of the extent of engineering services which would be 33 to get the permanent filtration facility into place preceded the 34 following: 35 Motion by Ranallo, seconded by Makowske to approve payment of $1,179.98 36 to Rieke-Carroll-Muller Associates as per billing in the December 13th 37 Council agenda packet. 2 Lotion carried unanimously. 2 A report on problems with a subcontractor's work on the lift station 3 preceded the following: 4 Motion by Marks, seconded by Enrooth to approve payment of $1,642.85 to 5 Short-Elliott-Hendrickson, Inc. for engineering services from September 6 18 through October 15, 1988 on the replacement of the Foss Road Sewage 7 pumping station. 8 Motion carried unanimously. 9 Motion by Makowske, seconded by Marks to approve payment of $2,807.64 10 to LeRoy Signs for the lettering on the City's new entrance sign. 11 Motion carried unanimously. 12 Motion by Enrooth, seconded by Makowske to approve payment of $2,155.00 13 to Lindberg Concrete for the installation of the brick sign base for the 14 new entrance sign. 15 Motion carried unanimously. -16 Mr. Childs indicated the . sign would be landscaped and "tastefully" 17 lighted at night next spring. ANOM Motion by Marks, seconded by Ranallo to approve payment of $11,220.00 to Advanced Heating & Air Conditioning, Inc. for installation of the 20 HVAC in conjunction with the fire station renovation. 21 Motion. carried unanimously. 22 Motion by Enrooth, seconded by Makowske to approve payments to Dickson 23 Electric, Inc. of $1,790.00 to connect the above roof top HVAC and 24 $1 ,950.00 for electrical work on the temporary carbon filtration 25 facility. 26 Motion carried unanimously. 27 Motion by Marks, seconded by Ranallo to approve payment of $26,082.04 28 to the Metropolitan Waste Control Commission for December sewer 29 services. 30 Motion carried unanimously. 31 Motion by Ranallo, seconded by Enrooth to approve ,payment of $41,344.00 32 as the percentage due Newmech Companies for the Foss Road sewage station 33 replacement. 34 Motion carried unanimously. 3 1 UNFINISHED BUSINESS 2 Pull Tab Ordinance Adopted • 3 Motion by Ranallo, seconded by Enrooth to approve the third reading and 4 adopt the ordinance amendment which permits the sale of pull tabs for 5 charitable purposes in the two City on-sale liquor establishments. 6 ORDINANCE 1988-011 7 AN ORDINANCE RELATING TO LAWFUL GAMBLING IN MUNICIPAL 8 LIQUOR DISPENSARIES FOR THE ON-SALE OF INTOXICATING LIQUOR; 9 AMENDING SECTION 445: 10 OF THE 1973 CODE OF ORDINANCES 10 Voting on the motion: 11 Aye: Ranallo, Enrooth, Sundland, Makowske. 12 Nay: Marks. 13 Motion carried. 14 Action on Pull Tab Lease Deferred 15 The Manager suggested that in view of differences between the consortium 16 and the City related to the lease for the space to be used by the �- 17 consortium, action on the lease and resolution in the agenda packet be 18 deferred for further negotiation. Terry Taylor of the St. Anthony 19 Village Sports Boosters was present but did not speak to the issue. Co 20 REPORTS 21 COUNCIL 22 Marks and Madden Proposed to Represent St. Anthony on Ramsey County 23 Regional Railroad Authority 24 The Councilmember requested that he be appointed to represent the 25 Council on the Intergovernmental Committee. Councilmember Makowske 26 suggested that Planning Commission member John Madden certainly had the 27 professional background to serve on the Technical Committee. She asked 28 that he be contacted and said if he couldn't serve, she had several 29 names to propose in his place. 30 Council Action 31 Motion by Ranallo, seconded by Enrooth to appoint George Marks to 32 represent the Council on the Intergovernmental Committee of the Ramsey 33 County Regional Railroad Authority and to request staff contact John 34 Madden to ascertain his interest in serving on .the Technical Committee. 35 Motion carried unanimously. 4 • r 1 Councilmember Marks Reports Participation in North Mankato Planning and 41 Zoning Institute 3 The Councilmember indicated the above institute had been held December 4 8th. 5 . City Representatives Report °Cordial and Productive" Meeting That 6 Morning with District #282 School Representatives 7 Councilmember Enrooth and Mr. Childs said they perceived greater 8 cooperation was possible between the City and the School District in 9 conjunction with recreation and community services and the Councilmember 10 indicated future meetings would address some of the services which are 11 now duplicated. The City Manager said he perceived some cooperative 12 janitorial services were possible and said he hoped the recently 13 authorized facility study would address some of the current problems 14 caused by the wide separation of City and Community Services offices in 15 the building. 16 Mr. Childs reported it had been decided that a meeting about every other 17 month would enable the two entities to work on arrangements designed to 18 provide greater cooperation between the City and the School District. 19 He said he perceived the School District's main concerns were of a long 20 range nature while the City was now more occupied with short range 21 issues having to do with the renovation of the building and greater 22 utilization of the available space. Mayor Sundland indicated he knew Superintendent Meriwether had been anxious to have this meeting held and he said he personally was very 25 happy to see .a dialogue started with regular meetings scheduled for the 26 future. 27 Council Authorizes Proclamation of Congratulations to St. Charles 28 Borromeo Church on Fiftieth Anniversary 29 Councilmember Makowske gave the Mayor a copy of the program for the 30 Anniversary Mass the local congregation had celebrated the previous 31 Sunday in recognition of establishment of the parish in St. Anthony, 32 December 8, 1938. 33 Council Action 34 Motion by Ranallo, seconded by Enrooth to direct staff to prepare a 35 proclamation congratulating the parishioners and clergy of St. charles 36 Borromeo Church on the 50th anniversary of the establishment of the 37 parish in St. Anthony Village. 38 Motion carried unanimously. 39 City Attorney to Research Costs of Officially Changing City Name to °St. 40 Anthony Village° 0, 5 1 Councilmember Ranallo reported several residents, upon noting the City's 2 new entrance sign, had called him to tell him the fact that the • 3 lettering was for "St. Anthony Village" had confused them. He said 4 their comments were to the effect that the Council had told them not too 5 long ago that St. Anthony was required by statute to be referred to as 6 the "City of St. Anthony" and now, you're telling us its' OK to call it 7 "St. Anthony Village" . " Mr. Soth told him if the change was made, all 8 official documentation statutorily had to be identified as from the 9 "City of St. Anthony Village" but it might be possible to refer to the 10 community as "Village" in other situations without changing the 11 letterheads, etc. When Councilmember Enrooth indicated he wouldn't be 12 interested in making the change if it would cost the City or the 13 residents too much to do so, the City Attorney said he didn't think the 14 change would be too difficult or expensive but he would check it out 15 with the Minnesota Department of State and report his findings back to 16 the Council as soon as he could. 17 There was concurrence that having two cities in Minnesota with the same 18 name is very confusing at times and Mayor Sundland pointed to the fact 19 that 67% of the community had responded to the recent survey by 20 indicating they chose to be identified as from "St. Anthony Village. " 21 PUBLIC HEARING - 22 Gross Golf Course and Sunset Memorial Cemetery Spokespersons object to 23 Having to Pay for Reconstruction of St. Anthony Boulevard 24 At 8:02 P.M. , the Mayor opened the public hearing on the $112,850.95 the CO 25 City proposes assessing against abutting properties for the 26 reconstruction St. Anthony Boulevard between the Burlington Northern 27 Railroad bridge and the south City limit . line. He referred to the 28 Notice of Hearing which had been mailed to the abutting property owners 29 and published in the Bulletin and Resolution 88-047 with which the 30 Council would be adopting special assessments against the only two 31 properties which abut St. Anthony Boulevard in the subject, Gross Golf 32 Course and Sunset Memorial Cemetery. 33 Staff Report 34 Mr. Childs told the representatives of those two properties that under 35 the City Assessment Policy the Council had adopted in February, 1986, 36 the amounts they were being assessed included the costs of: 37 *a 5 ton roadway thickness, even though a 9 ton roadway had been 38 constructed with the difference between a 5 and 9 ton design being 39 paid for by the City; 40 *an 8 foot traffic lane next to their properties needed for ingress 41 and egress with the cost to reconstruct the middle of the road being 42 paid by the City for the use of the general public; 43 curb and gutters for which they would have to pay 100%. 6 • r Mr. Soth added that the City was required to conclude that the amount of the special benefit to each property assessed would be at least equal 3 or greater than the amount of the assessments and . had retained an 4 appraiser to evaluate their properties and -provide evidence that these 5 assessments had met that criteria. The appraiser had written the City 6 a letter assuring that the values of the properties being assessed had 7 increased substantially more than the amounts proposed to be assessed. 8 Assessments Opponents 9 Harvey Feldman, Minneapolis Park & Recreation Board Secretary, 10 summarized December 13th letter from the Board to the City Clerk which 11 he handed to the Council Secretary in which the Park Board "went on 12 record as objecting to being assessed for St.. Anthony Boulevard roadway 13 improvements against Gross Golf Course property in the amount of 14 $56,494 . 50. " 15 The Minneapolis Park Board Secretary reiterated the following points in 16 that letter: 17 *said the Board had an agreement with St. Anthony dated December 17, 18 1965 which stated that the Minneapolis Board of Park Commissioners at v 19 that time would convey an easement for parkway purposes to the Village 20 of St. Anthony with four conditions; 21 *indicated that the condition he would be addressing that evening would be the one which stated that "the City of Minneapolis and its 3 Board shall not without their consent be assessed for boulevard or 24 other improvements within the Village of St. Anthony" ; 25 *argued that St. Anthony should continue to honor the terms of that 26 agreement; 27 *indicated that the Board perceived Gross Golf Course to be "a 28 significant asset to the City of St. Anthony's liveability and should 29 . be treated as a major recreation resource enjoyed by the community"; 30 *said he perceived St. Anthony should see to it that the golf course 31 is utilized to the best of both cities abilities and for the lowest 32 possible cost to the golfer; 33 *insisted that those costs would rise if the Minneapolis Park Board 34 had to pay the proposed assessments. 35 Mayor Sundland read aloud the Board's letter. -When he read the 36 paragraph which indicated the Park Board "does not recall receiving 37 legal notice of the hearing on the proposed improvements and therefore 38 was not able to object at that time and question the benefits received 39 by the improvements" , Mr. Childs produced the Affidavit of Mailing 40 dated December 22, 1987 which certified the Notice of the Hearing had 41 been sent to the Minneapolis Park & Recreation Board at the same address • 7 1 as Mr. Feldman's letter. Mr. Feldman said he hadn't claimed the notice 2 hadn't been sent but only that they hadn't gotten it. He told Council- • 3 member Marks that because of that, the Park Board had never had the 4 opportunity of addressing the issue of whether they would have opposed 5 the improvements. 6 Council/Staff Response 7 Mayor Sundland told Mr. Feldman the City had a copy of the agreement 8 he was referring to and recognized it was bound to "generate some 9 discussion, " however, the Council perceived the roadbed had deteriorated 10 to the point where the City had to take action because unquestionably 11 its condition was adversely affecting the golf course, the cemetery, 12 and the community in general. 13 Councilmember Marks agreed that the poor condition of the roadway was 14 self evident, even to the point where some people had commented that the 15 Boulevard had "the longest set of speed bumps the City had ever had. " 16 Councilmember Enrooth commented that even if the Park Board couldn't 17 recall getting the notice of the hearing, he knew for a fact that the 18 discussions of the improvements between the City and Minneapolis had 19 been carried on continuously since that time and none of those 20 discussions generated a formal objection from the park Board. Mr. 21 Childs agreed, saying the City had dealt with the Park Board relative J' 22 to construction easements, etc. 23 Mr. Feldman then clarified that the Park Board was not objecting to the 24 City improving the road, but the "bottom line" was that the Park Board 25 just wanted St. Anthony to honor its agreement not to assess them for 26 the improvements. He also expressed concerns that "if the City decided 27 not to honor its agreement regarding assessments, would the City also 28 decide not to honor the condition in the agreement which said the City 29 had to maintain and operate the street in the future?" He told 30 Councilmember Ranallo that if they had received the notice of the first 31 hearing, they would have attended and conveyed the same message about 32 the City honoring its agreement as had been expressed that evening. He 33 said he perceived "we didn't get our day in court, where you might have 34 chosen to work out the assessments in a different manner. " However, 35 the Park Board spokesman indicated, he was not prepared to speak for the 36 nine elected Park Board officials as to whether or not they might have 37 been willing to pay less if they had been present at the hearing on 38 the improvements themselves. 39 Mr. Soth read the conditions in the 1965 agreement, including the one 40 which addressed the maintenance and assessment for improvements on the 41 street. He said his firm had researched case law on the latter point 42 as to the validity of such a provision under which the City could agree 43 not to asses a piece of property within the City and had concluded that 44 could be done only with "specific statutory authority", which the City 45 Attorney indicated there had appeared "to have been no such authority 46 in 1965. " He said even if there had been, it would have been necessary 8 • f 1 based on similar cases where there was such statutory authority to limit 2 the duration of such an agreement and the amount related to the value 10of what was being conveyed. The Attorney indicated that even since 4 those cases, (some of which even involved the Minneapolis Park Board) , 5 there had been a Constitutional Amendment in which one of the cases 6 suggests that the amendment itself would even prohibit the legislature 7 from even authorizing such an agreement. He said he therefore had to 8 conclude that "if the City had no authority to agree to exempt a piece 9 of property forever because it would be invalid to do so, that agreement 10 should have no bearing on the City's proposal to assess the Park Board 11 now. " Mr. Soth told Mr. Feldman he had not researched the validity of 12 the agreement not to charge the park Board for maintenance of the 13 parkway as well or whether the restrictions of certain types of traffic 14 would still be in force. 15 Mr. Feldman said he perceived the City in 1965 had come to the Park 16 Board requesting the easement because they wanted to control that 17 roadway. He said the Park Board agreed to grant (for an amount the 18 Board assumes was probably a dollar) the easement, making the parkway 19 a St. Anthony street, which the City would maintain. He said he had 20 a hard time seeing how one of the parties could separate one part of the 21 agreement by saying it was invalid without dealing with all the other 22 parts of the agrement. 23 Mr. Soth told him he assumed the other parts of the agreement were still 24 valid because there is authority for those sections but there was not 25 authority for the City to exempt property for an unlimited period of time or amount forever. Mayor Sundland indicated the City maintained all of its roads, but when the time came to reconstruct them, the City 28 had developed an Assessment Policy whereby abutting property owners 29 shared in the costs. He pointed out that even the non-profit St. 30 Charles Church had been assessed for its share of the costs of 31 reconstructing section -of the same Boulevard in that area. He said he 32 perceived all assessments were based on the benefit received by the 33 abutting property owners and, if even the legislature can't 34 constitutionally property certainly the City can't either. 35 Mr. Soth indicated that even in cases where there had been statutory 36 authority for such an ,agreement, the Courts had ruled that specific 37 amounts had to be spelled out in the agreement which, as far as the 38 City can see, certainly wasn't done in this case. 39 Councilmember Enrooth reiterated that the Park Board and Sunset Memorial 40 Cemetery were only being assessed for a 8 foot traffic lane on a five 41 tone road, which is estimated to amount to only about 20% of the total 42 reconstruction cost. 43 When Mr. Feldman said the golf course didn't make $50,000 a year and 44 there would have to be reconsideration of the golf fees which would have 45 to be charged, he was told the assessments could be paid off in ten 46 years and Councilmember Ranallo pointed out that the golf course hadn't 47 been assessed anything for the past 30 years and a new road could be .. 9 1 expected to last at least 10 or 15 years, so the costs could be 2 considered to be spread out a lot further than one year. • 3 Councilmember Enrooth commented that as a resident who golfs, he would 4 certainly not mind paying another 25 cents a round to have access on 5 a new road rather than the one which was there before reconstruction. 6 He told Mr. Feldman the complaints the City had gotten about the 7 condition of the road prior to its being fixed were "numerous and 8 continuous" and he perceived pro rating the assessment out over the 9 years wouldn't represent a substantial increase in the costs for the 10 golf course. The Councilmember added that he perceived the new roadway 11 would "help the golf course considerably and would greatly facilitate 12 usage. " Mr. Feldman said "golfers will find the best golf course for 13 the money no matter how they have to get there. " He pointed out that 14 the highest number of rounds are played at Gross and Meadowbrook and 15 said that "even without an agreement, Meadowbrook did not charge us for 16 improving the roads. " 17 Robert S. Patterson of the Phillip S. Resnick & Associates law firm 18 reiterated the Sunset Memorial Cemetery position against the "entire 19 amount of the proposed assessment" contained in the letter signed by 20 Michael Kelley, General Manager of Sunset Memorial Cemetery which he 21 handed to the Secretary. These were that: 22 *there were numerous other residents and businesses who potentially 23 benefitted from the improvement, including large businesses adjoining 24 the City of St. Anthony who generated traffic on the boulevard; 25 *the Boulevard provides a major route of ingress and egress to and 26 from the City of St. Anthony and the City of Minneapolis, therefore, 27 should bear a large percentage of the cost of the reconstruction; 28 *the cemetery management was joining in with the Golf Course objection 29 to the assessment because both parties perceived it was unjust to 30 require only two abutting property owners to bear the .entire cost of 31 the reconstruction. 32 Mr. Patterson said he hadn't read the Park Board easement and didn't 33 know whether it affected the cemetery property, but to the extent the 34 Park Board was objecting to the entire $112,850.95 assessment, wanted 35 the record to show that Sunset Memorial was joining in that objection 36 as well as the value of the improvements made in the reconstruction to 37 not only Sunset and the golf course but also the St. Anthony residents 38 as a basis for the assessments. He said as an occasional user of the 39 road and the golf course, he knew a lot of drivers used the boulevard 40 to get in and out of St. Anthony and he perceived there were a lot more 41 people. and businesses who benefited from the use of the road than just 42 those who were going to the golf course or the cemetery. 43 The counsel for the cemetery said he would like to see a copy of the 44 ordinance which adopted the 1986 assessment policy as well as the 45 calculations which determined what the benefits to the two properties 10 JO 1 were. Mr. Soth reiterated that the City had an appraiser review the 2 benefits, but he had not arrived at specific dollar amounts at this point. Mr. Childs indicated the appraiser had used the costs of the 4 project prepared by the engineers this fall which differentiated 5 between the 5 ton and 9 ton road. The City Manager confirmed that the 6 road was a state aid road and the City used its MSA allocation to pay 7 the City's share of the costs just the same as had been done on the 8 other end of the boulevard, which had also bene reconstructed. He 9 corrected the misinformation the lawyer had that there has been any 10 direct federal aid received for -the project. 11 Mr. Patterson said the cemetery, unlike the Park Board, is operated to 12 make a profit for the corporation which owns it. He reiterated that he 13 believed that given all the advantages this street offers other 14 residents and businesses besides the two entities which are being 15 assessed, in the interest of justice the costs should be spread more 16 evenly among the users of the road, particularly the business just north 17 of the golf course, which gets an advantage from that street. 18 Mayor Sundland indicated that was the same argument all property owners 19 make whenever their street is improved and they are assessed for the 20 costs. He said all the residents on the other side of St. Anthony 21 Boulevard had to pay the same share of assessments as were being 22 proposed that evening. The Mayor also pointed out that the former ~- - 23 owners of Sunset Park had been very vocal in their complaints about the 24 condition of the roadway. Councilmember Marks said he understood that 25 when a corporation changed hands, the new owners had to assume all the i6 debts and responsibilities of the previous owners. 27 Mr. Childs pointed out that because state law does not require 28 cemeteries pay property taxes, it should be remembered that the cemetery 29 is receiving with out the cost the benefit of police and fire protection 30 and regular street maintenance, which is considerable. He reiterated 31 that the cemetery and the golf course were not being assessed for the 32 extra width or strength required for the middle of the road which all 33 traffic uses, but only for the 8 feet next to their properties which are 34 needed to get into and out of their properties. 35 Councilmember Marks said he was fairly certain that the same cemetery 36 general manager who had signed the letter of opposition had attended the 37 hearing on the improvements which included estimates of over $400,000 38 for getting the road improved and still had been in favor of going 39 forward with the project. Councilmember Ranallo told him he perceived 40 this was just more of the same- story the Council always hears where the .41 golfers at Gross as well as all the morticians who drove to Sunset had 42 complained for years about the terrible condition of that roadway and 43 continually asked the Councilmembers "when are you going to fix that 44 street?" , but. now "no one wants to pay for it. " 45 Mayor Sundland told Mr. Feldman and Mr. Patterson their objections would 46 be recorded and indicted the figures they had expressed an interested �� 11 1 in seeing would be mailed to them at the addresses listed on their 2 letterheads. 3 The hearing was closed at 8:40 P.M. for the following: 4 Council Action 5 Motion by Marks, seconded by Enrooth to adopt Resolution 88-047. 6 Notion carried unanimously. 7 CONTINUATION OF COUNCIL REPORTS 8 Councilmembers Give Impressions of National League of Cities conference 9 They Attended in Boston. December 3-7 10 Councilmember Makowske indicated she perceived this conference had been 11 only 50% as good as the San Antonio League convention because there 12 weren't as many good workshops this time. However, she said she found 13 the workshops on "Volunteerism" and "Beautification" to be excellent. 14 The one on "Beautification" had shown how well beautification works to 15 upgrade communities like Kansas City and Gary, Indiana, the 16 Councilmember She indicated she would be distributing the brochures and 17 literature which illustrated that point. Councilmember Makowske said 18 since she had returned she had been even more aware of the need for 19 improvements in St. Anthony, especially at locations like the one on 20 29th Avenue "with all the junk and cars in front yard." Mr. Childs 21 said he understood the owner of that residence would be cited by the 22 police that week. CAP 23 Councilmember Makowske said she had found the ways other cities use 24 volunteers to do work the cities have to pay to get done to be most 25 interesting, although that seminary had emphasized the importance of 26 having a staff person assigned to directly oversee any such program. 27 The Councilmember perceived a potential for using senior citizens who 28 have expertise in many fields and want to continue to be active 29 recognizing at the same time that it would be hard to prepare a budget 30 based on such potentialities. 31 The Councilmember reported she and Councilmember Ranallo had both served 32 on the Human Development Committee with the former being a member of the 33 Steering Committee while she had only been a committee person. She 34 reported that in spite of objections from FAIR, one of the resolutions. 35 that committee had passed had supported legislative efforts requiring 36 benefit packages to include six months parental leave which included 37 cities as well as businesses. 38 Councilmember Makowske indicated her concern that the City might have 39 to deal with the issue someday where it would be very hard economically 40 for the City to hold jobs open for an employee for six months or more 41 during parental leave. 12 1 When she commented that both she and Councilmember Ranallo had concluded 41 from this convention that the League was rapidly becoming an organization primarily was concerned with big city issues with only a 4 few seminars offered which addressed small city concerns, Mayor Sundland 5 said it was because he also perceived that happening that he feels it 6 is so important for smaller community officials to keep involved and not 7 just pay their dues. In contrast to the rest of the convention, 8 Councilmember Makowske reported the Minnesota League had arranged a very 9 interesting tour of the JFK Library for the Minnesota conventioners as 10 well as what she perceived to be a very good learning experience, the 11 presentation of a case study by a Harvard professor for which each 12 attendee had to do a lot of background study in advance of his presen- 13 tation. 14 Councilmember Ranallo agreed that many of the resolutions passed to 15 effect national issues could also have local ramifications. One such 16 resolution, passed by the Human Development Committee, called for 17 mandatory health benefits for all employees without specifying how they 18 would be paid for. He said he perceived those who supported that 19 resolution had failed to realize that the biggest employers would no 20 doubt be governmental entities, including the cities. He also reported 21 going to a workshop on "Child Care" where the responsibility for 22 providing those services seemed to be pushed on the states, counties, 23 and cities. 24 The Councilmember indicated he had noticed that among the items 25 demonstrated at the "Waste Management" workshop had been small 30-35 gallon containers on wheels which he contrasted to the 90 gallon containers Waste Management was proposing for St. Anthony. Councilmem- 28 ber Ranallo reported he had learned that almost all cities are confront- 29 ing or are going to confront the problem of recycling with a lot of them 30 just passing ordinances which support recycling. Others are getting 31 into the recycling business themselves, he said, but in contract, 32 Minneapolis gave a workshop in which they reported they were getting 33 out of the rubbish hauling business. 34 Councilmember Ranallo reported he had ordered a copy of the tape in 35 which one of the McNeil Lerner Report reporters had given commentary on 36 the last eight presidential years and what he perceived might be 37 happening in the next four. He also reported every Minnesota delegate 38 who had attended the same Human Development workshop he and 39 Councilmember had, from Carol Johnson, Minneapolis Alderwoman, Jim 40 . Scheibel of St. Paul , Stan Quam of Richfield, and Councilmember 41 Makowske had all gotten up to speak on the issues. He agreed with Mayor 42 Sundland that if the smaller cities didn't continue to participate in 43 these conventions where would be no one to speak up for their rights at 44 all. Councilmember Marks commented that he perceived the smaller cities 45 had no protection from being affected by what he bigger cities do and 46 he perceived their issues to a very substantial degree become the 47 smaller cities issues as well . He pointed to the golf course assessment 48 as an example where forcing the Park Board to pay assessments to St. 49 Anthony may open the door to ".their having to pay their own way for the 13 1 first time as well as having to cooperate with a city which is much 2 smaller. " The Councilmember said he also perceived that by knowing what • 3 the larger cities' issues are, St. Anthony might get a better insight 4 into how to deal with those issues. 5 Councilmember Ranallo said of course, because he serves on the League 6 of Minnesota Cities Board, he perceives those issues are handled better 7 by the. state organization. He therefore urged all the Councilmembers 8 to make plans now to attend the convention the LMC would be sponsoring 9 in Minneapolis, June 6, 7, and 8, 1989. 10 DEPARTMENTS AND COMMITTEES REPORTS 11 The Hance & LeVahn report of cases the law firm had prosecuted for the 12 City in Hennepin County District Court up to November 16, 1988 was 13 ordered as filed as were the October Financial and November Fire 14 Department reports in the agenda packet. 15 During the consideration of the November Liquor Operation Sales Summary, 16 the City Manager indicated he would be requesting a meeting with the 17 Liquor Manager as one of this own reports. 18 Manager Reports Liquor Operation Had Gotten Back $2,600 of the Checks 19 Written on the Bankrupted Advance United Account 20 Mr. Childs reported many of the above had been bought back by the check 21 writers who had then been able to get a settlement from the firm. He 22 reiterated that just because the Liquor Operation lists the check as 23 uncollectible, that doesn't mean collection efforts are stopped, but 24 rather that the City needs to write off the 1987 uncollectible checks 25 for accounting reasons. 26 It was agreed that the "bottom line" when it came to check cashing was 27 that it made a profit of $20,261.12 in 1987 for the City and drew a lot 28 of customers into the City's establishments. 29 Council Action 30 Motion by Enrooth, seconded by Ranallo to authorize the write-off of 31 $9,868.03 in uncollectible checks for 1987 as recommended by the City 32 Manager. 33 Motion carried unanimously. 34 _CITY MANAGER REPORTS 35 December 7, 1988 Staff Meeting Notes 36 Mr. Childs drew the Council's attention to the list of accomplishments 37 the City had made in 1988 which he sought from staff members present at 38 the meeting. As noted in the report, the City Manager indicated the 39 perception was that most of the goals set in the January goal setting 14 '• 1 retreat had been achievable chunks of work which allow for a feeling of aaccomplishment at various mileposts. 3 Executive Session on Negotiations with Army Scheduled After H.R.A. 4 Neeting 5 The City Manager indicated the water contamination lawsuit negotiations 6 had gotten to a final sticking point where he needed further direction 7 from the Council. 8 Council's December 27th Meeting Scheduled for December 21st Instead 9 The main purpose of this meeting would be to act on recommendations from 10 the Planning Commission, December 20th, the Manager said, because there 11 were several applications which had to be handled before the end of the 12 year. 13 Council Action 14 Motion by Makowske, seconded by Marks to reschedule the Council's 15 December 27th meeting to 7: 30 P.M. , December 21st. 16 Motion carried unanimously. --�- 17 1988 Employment Agreement With the City Police Department Approved 18 Motion by Marks, seconded by Makowske to adopt the resolution which approves a one year employment contract with AFSCME Local 57. 20 RESOLUTION 88-051 21 A RESOLUTION RATIFYING THE 1988 AGREEMENT 22 BETWEEN THE CITY OF ST. ANTHONY AND AMERICAN 23 FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES 24 (AFSCME) COUNCIL 14, LOCAL 57, .REPRESENTING THE 25 ST. ANTHONY POLICE DEPARTMENT EMPLOYEES 26 Motion carried unanimously. 27 1989 Goal Setting Retreat Scheduled to be Held January 20-21 28 Because she had been so well received the previous year, Mr. Childs 2.9 indicated he was recommending Barb Arney again serve as the facilitator 30 for these sessions. Councilmember Enrooth indicated he concurred with 31 that choice for this year, but perceived a different facilitator with 32 new techniques and direction might be advisable for 1990. The Manager 33 ' was directed to retain Ms. Arne at her quoted price of $1,980.00. 34 Work Session with Liquor Nanager and Planning Commission Interviews 35 Scheduled for January 11th 0 15 I Mr. Childs reported receiving several applications in addition to those 2 from the three incumbent Commissioners to serve on that board in 1989. • 3 The decision was made to combine those interviews with the work session 4 with Ray Nelson related to the apache Wells and the discussion of off- s sale activity the Council had requested. The date of January 11th was 6 agreed upon with the interviews to be held first at 7:00 P.M. , followed 7 by the discussions with the Liquor Manager. 8 NEW BUSINESS 9 53,450 Delson Plumbing Bid Accepted for Fire Station Renovation 10 Motion by Ranallo, seconded by Enrooth to accept the lowest of the two it quotes form Delson Plumbing and Jack's Plumbing received on the above 12 project and to award the contract for the plumbing to Delson Plumbing 13 for $3,450. 14 Motion carried unanimously. 15 ADJOURNMENT 16 Motion by Marks, seconded by Ranallo to adjourn the meeting at 9:30 P.M. 17 for the St. Anthony Housing and Redevelopment Authority meeting which 18 followed immediately. 19 Motion carried unanimously. 20 Respectfully submitted, 21 Helen Crowe, Secretary 22 23 Mayor 24 ATTEST: 25 City Clerk 16 • C=TY O F S T . ANTHONY HOU S 2 N G AND REDEVELOPMENT AUTHOR 2 TY M=NUTE S DECEMBER 1 3 , 1- 988 1 Chair Sundland called the meeting to order at 9: 31 P.M. 2 ROLL CALL 3 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/ 4 Treasurer Marks, and Commissioners Ranallo 5 and Makowske. 6 Also present: David Childs, Executive Director 7 William Soth, H.R.A. Attorney 8 NOVEMBER 22, 1988 H.R.A. MINUTES 9 Motion by Ranallo, seconded by Makowske to approve with the following 10 change: Page 2, line 23: Substitute "payment" for "payments". 12 Motion carried unanimously. 13 CLAIMS 14 Unhappiness was expressed with the law which required such large 15 expenditures for relocating marginal businesses in the shopping center 16 which is being acquired for the third phase of the Kenzie Terrace 17 Redevelopment Project. The Executive Director_ gave figures which 18 showed these costs had been less than originally expected. 19 H.R.A. Action 20 .Motion by Marks, . seconded by Ranallo to approve payment of all business 21 relocation claims recommended by Federal State Relocation Consulting 22 Services as well as the billing from the consultants for November listed 23 in the H.R.A. agenda packet as follows: 24 *$5,687.50 to Federal State Consulting Services for services in 25 November, 1988; 26 *$9, 250.00 for business relocation claim to Taylor Made Specialties; • 1 .w 1 *$10,956.00 for business relocation claim to Conquest Construction; 2. *$8,375.00 for business relocation claim to Action Acoustics; • 3 *$10,000.00 lump sum payment to Frank's Upholstery; and 4 *$42,620.91 to ACS Audio Warehouse for business relocation claim. 5 Motion carried unanimously. 6 Mr. Childs reported that the relocation claims for the Slick's 7 Alternative potential move up next to the Salvation Army store at Apache 8 might be higher than anticipated because none of the plumbing or 9 electric that they need is in that space. He also indicated the. only 10 business claim left to be paid would be a maximum of $7,500.00 to the 11 St. Anthony Meats Store. He assured the H.R.A. members that the store's 12 current owner was also doing business in the W. W. Johnson Meat Store 13 on Kenzie Terrace and was not the store proprietor who had been 14 prosecuted for fraud. 15 Commissioner Ranallo commented that he perceived Bob and Diane Slick had 16 talked to all the H.R.A. members about the conditional use permit they 17 would be requesting if the move to Apache works out. 18 UPDATE ON EVERGREEN DEVELOPMENT PROJECT 19 Mr. Childs and Mr. Soth briefly discussed the title and easement 20 problems which were holding the townhouse project up, reporting that • 21 Evergreen was taking care of all the necessary legal work and would 22 probably be coming in to sign the Redevelopment Agreement early in 23 January. 24 TENTATIVE CLOSING ON KENZIE TERRACE REDEVELOPMENT PROJECT PROPERTY 25 SCHEDULED FOR DECEMBER 20TH 26 Mr. Childs conceded that a few issues were still left unresolved on the 27 above but he anticipated the City would acquire the shopping center 28 property on the 20th and then turn right around and sell it to 29 Lang/Nelson for the construction of the Kenzington Apartments of St. 30 Anthony. Mr. Soth reported receiving a verbal message that day which 31 indicated the Town and Country Store tenant was ready to sign off on 32 that location and the Walker project attorney had recommended their 33 client do the same on their location. It appears Kraus Anderson has no 34 problem releasing the parking lot parcel for the project and only the 35 adjoining shopping - center representatives were left to indicate 36 concurrence. 37 New Apartment Building Design Greeted With Enthusiasm 38 The Executive Director reported seeing the construction plans for the 39 project and indicated he perceived all three buildings would now have 40 separate villa-type entrances and no long halls which would do away with 2 • IF �. 1 the "dormitory" type buildings first proposed for the project. •2 Commissioner Ranallo reported a conversation with Minneapolis Adlerman 3 Walt Dziedzic on the plane coming back from the NLC convention in Boston 4 where the Minneapolis official had strongly reiterated his opposition 5 to a driveway off Lowry for the project and was assured that wasn't 6 going to happen. 7 Mr. Childs indicated the project plat was still at the surveyors but 8 would need to be executed by the Mayor and City Clerk sometime on or 9 before December 22nd. The Chair said he wouldn't be leaving for 10 Edmonton, Canada until the afternoon of the 22nd. 11 The prospects that the long, hard struggle with getting that area 12 finally developed might be over by the next Council meeting prompted 13 discussions of a big celebration for all who had been involved. 14 ADJOURNMENT 15 Motion by Marks, seconded by Ranallo to adjourn the H.R.A. meeting at 16 9:50 P.M. for the Executive Session on the T.C.A.A.P. lawsuit 17. negotiations. 18 Motion carried unanimously. 19 Respectfully submitted, �0 Helen Crowe, Secretary 3 • C 2 TY OF S T . ANTHONY HOU S=NG AND REDEVELOPMENT AUTHOR 2 TY M=NUTE S DECEMBER 2 1 , 3- 988 1 Chair Sundland called the meeting to order at 8: 24 P.M. 2 ROLL CALL 3 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/ 4 Treasurer Marks, and Commissioners Ranallo 5 and Makowske. 6 Also present: Executive Director David Childs. 7 DECEMBER 13, 1988 H.R.A. MINUTES LAID OVER TO NEXT MEETING 8 CLAIMS aMr. Childs indicated the two claims which had been distributed to the 10 H.R.A. members that evening represented the lump sum relocation claim it for St. Anthony Meats, which would be moving by December 31st from 2529 12 Harding Street in the shopping center to be redeveloped for apartments 13 to Johnson's Meats, 2654 Kenzie Terrace, and the latest billing from the 14 relocation consultants. The Executive Director indicated only two 15 relocation claims remained to be settled before the redevelopers start 16 to demolish the shopping center structures for the construction of the 17 Kenzington Apartments of St. Anthony. The first would pay for the 18 remaining cost of the Harley Davidson business relocation and the 19 second would be for Slick's Alternative for which the owners have 20 applied for a conditional use permit to relocate next to the Salvation 21 Army store in Apache. Mr. Childs said the latter had signed a document 22 indicating they would vacate the premises at 2533 Harding Street by 23 January 7, 1989. 24 H.R.A. Action 25 Motion by Marks, seconded by Ranallo to approve payment of $7,500.00 for 26 moving and related expenses to St. Anthony Meats. 27 Motion carried unanimously. 28 Motion by Ranallo, seconded by Makowske to approve payment of $3,136.25 �9 to Federal-State Relocation Consulting Service, Inc. for consulting �Ip services through December 19, 1988, related to the relocation of 2 • 1 businesses in the St. Anthony Village Shopping Center for the Kenzie 2 Terrace Redevelopment Project. 3 Motion carried unanimously. 4 Redevelopers Refusal to Take Possession of Project Property Before 5 Vacated Delays Closing Until January 10th 6 Mr. Childs reported Lang/Nelson was refusing to take title to property 7 with tenants still present in the buildings unless the City totally 8 indemnified them against any expense incurred should the tenants not be 9 out when title is transferred. He said the H.R.A. Attorney would not 10 recommend a total indemnification and had been concerned that if, for 11 example, the City had to wait 10 days for an Unlawful Detailer to go 12 into effect and there should be a cold snap which prevented the 13 redevelopers from proceeding with demolishing the property, the 14 developer may claim losses because they have fallen behind in the 15 construction schedule. Such litigation could be very hard to defend 16 against. The Executive Director said by delaying the closing to the 17 tenth of January, three days after the Alternative is vacated, the City 18 would be protecting itself from that happening. 19 The Executive Director reported the owners of the .adjacent shopping 20 center had signed off on the additional parcel near the Town and Country 21 Store which was needed for the apartment project and all other issues • 22 except the premise vacancy seemed to have been resolved. 23 There was a brief discussion of the necessity for restriction of traffic 24 through the project area during construction as well as explanatory 25 signage to that effect. 26 ADJOURNMENT 27 Motion by Enrooth, seconded by Marks to adjourn the St. Anthony Housing 28 and Redevelopment Authority meeting at 8:30 P.M. 29 Motion carried unanimously. 30 Respectfully submitted, 31 Helen Crowe, Secretary 32 • 1 AN ORDINANCE RELATING TO LAWFUL GAMBLING IN MUNICIPAL • 2 LIQUOR DISPENSARIES FOR THE ON-SALE OF INTOXICATING LIQUOR; 3 AMENDING SECTION 445:10 OF THE 1973 CODE OF ORDINANCES 4 Voting on the motion: 5 Aye: Ranallo, Enrooth, Sundland, Makowske. 6 Nay: Marks. 7 Notion carried. 8 ADJOURNMENT 9 Motion by Sundland, seconded by Ranallo to adjourn the meeting at 10:25 10 P.M. for the St. Anthony Housing and Redevelopment Authority meeting 11 which followed immediately. 12 Motion carried unanimously. 13 Respectfully submitted, 14 Helen Crowe, Secretary 15 16 Mayor 17 ATTEST: 18 .City Clerk 19 :cjk 26 • PUBLIC HEARING 2 Assessments Hearing on St Anthony Boulevard Reconstruction Continued 3 to December 13th 4 At 10:25 P.M. the Mayor opened the hearing on the proposed assessments 5 against Gross Golf. Course and Sunset Memorial Cemetery property for the 6 above improvement and requested a motion to continue the hearing until 7 the Council's next meeting. 8 Council Action 9 Motion by Enrooth, seconded by Marks to continue the public hearing on 10 the assessments for improvements on the St. Anthony Boulevard it Reconstruction Project until the Council's December 13, 1988 meeting. 12 Notion carried unanimously. 13 NEW BUSINESS 14 Resolution Affirming St. Anthony Affirmative Action Program Adopted 15 Ms. VanderHeyden told the Councilmembers she knew there would need to 16 be some minor changes made in the draft of the above document in their 17 agenda packet but assured them that any typos, etc. would be corrected 408 before the resolution was formally filed. 9 Council Action 20 Motion by Ranallo, seconded by Marks to adopt Resolution 88-045. 21 . RESOLUTION 88-045 22 A RESOLUTION OF AFFIRMATIVE ACTION IN EMPLOYMENT 23 Notion carried unanimously. 24 UNFINISHED BUSINESS 25 Second Reading Approved for Charitable Gambling Ordinance 26 The City Attorney had highlighted the exceptions in the above document 27 as suggested by Councilmember Nakowske at the last Council meeting. 28 Council Action 29 Motion by Ranallo, seconded by Enrooth to approve the second reading of 30 Ordinance 1988-011 which permits the sale of pull tabs for charitable 31 purposes in the two City on-sale liquor establishments. 32 ORDINANCE 1988-011 • 25 1 Motion by Marks, seconded by Ranallo to authorize the issuance of an 2 $18,000.00 check to District #282 as payment for the Parkview building. • 3 Motion carried unanimously. 4 SchoolfCity Committee on Joint Issues to Meet Soon 5 Mr. Childs reminded the Council that part of the purchase agreement 6 had been that the above Committee would be formed as soon as the City 7 took over the building. His recollection was that Ron Laliberte, Kathy 8 Knapp, Community Services Director, City Staff Persons himself-' and Sue 9 VanderHeyden, School Board Member Bob Manske, and Dick Enrooth 10 representing the City Council were to serve on this Committee. The 11 City Manager indicated he would try to schedule a meeting soon to 12 discuss whatever issues the school was concerned about. 13 Dickson's Low Bid of $3,505.00 Accepted for Electrical on Fire Station 14 Remodeling Project 15 Mr. Childs had distributed copies of the above bid from Dickson Electric 16 and the $3,950.00 quote from Empire Electric prior to the meeting and 17 he explained that the bids covered electrical work which would delay the 18 entire remodeling project if it weren't done right now. He also 19 conveyed Mr. Hamer's apologies for not getting the quotes on the 20 agenda. Councilmember Enrooth was told the two base quotes were for 21 the same work and that Dickson had just added the unit costs of extra 22 materials in case the City desired additional work. His explanation • 23 of what electrical work was contemplated preceded the following motion: 24 Council Action 25 Motion by Ranallo, seconded by Enrooth to follow the Public Work 26 Director's recommendation that Dickson Electric's low bid of $31,505.00 27 be accepted for the electrical work on the Fire Station Remodeling 28 Project as long as that work does not exceed that quote. 29 Motion carried unanimously. 30 Manager Indicates Planning Commission Business Might Require Second 31 Council Meeting in December 32 The City Manager said he just wanted the Council to be aware that, 33 although none were finalized yet, there a possibility that the 34 Planning Commission might be meeting on three applications requiring 35 Council action before the end of the year. He suggested that in view 36 of the fact that several Councilmembers have already indicated they 37 would be out of town on the 27th, the Council think about holding a 38 second December meeting on December 21 , 1988, the day after the 39 Commission's December 20th meeting. Mr. Childs said he would have more 40 definite information for the Council's December 13th meeting, but would 41 tentatively schedule a Council meeting without Commission minutes for 42 December 21st. 24 1988 Government Service Training Sessions Underway 2 Councilmember Marks reported the first planning conference had been held 3 last week in Brooklyn Center, another was scheduled for December 1st 4 in North Mankato. Conferences in Alexandria and at the Earle Brown 5 Center at the University would follow later in December. 6 Councilmember Learns Firsthand That It Takes Skill to Drive a Snowplow 7 The Councilmember concluded his report by saying he had realized the 8 above when he had participated in the Public Works Department's Ride- 9 Along Program. He said Dick Kristyniak had extended an offer for him 10 to ride along when he was plowing after the last snowfall and found out 11 that his first impressions that the plows were "big, lumbering, giant- 12 like machines which would be incredibly difficult to manage on heavily 13 trafficked streets" , had been very accurate. He said he's now looking 14 forward to riding along when there's a really big snowfall to plow. 15 CITY MANAGER REPORTS 16 The Council indicated they perceived no more need this year than last 17 year for the services of the Dispute Resolution Center, whose brochure 18 was in their agenda packet. 19 Manager Gives Update on Negotiations With U. S. Army Regarding Water 20 Contamination By Twin City Army Ammunition Plant 41 Mr. Childs indicated he perceived progress was being made and he hoped 22 to be able to make an announcement on the completion of those meetings 23 sometime within the next few weeks. He said he was happy to report 24 that the process on the permanent carbon filtration plant was moving 25 close to schedule and hadn't been delayed too much recently in spite of 26 all the difficulties along the way. 27 AGENDA ADDENDUM 28 Mr. Childs indicated that because he had been on vacation, some of the 29 items which should have been listed had not been included on the agenda. 30 Among these was the announcement that the lettering would be put on 31 the entrance sign late the next afternoon which he thought the 32 Councilmembers might want to know about in advance. 33 Final Payment to be Made to the School District for Parkview 34 Mr. Soth advised that he had received the deed for the building, 35 effective November 1 , 1988, which meant the City could make the final 36 payment of $18,000.00 for the parking lot. 37 Council Action • 23 1 Councilmember Makowske reported there had been about ten persons present 2 for the Committee's first meeting in addition to Mayor Sundland, who had 3 his picture taken with the group. The Councilmember indicated her 4 Committee was going to hold meetings every fourth Monday of the month 5 to begin with and said one of the ,first meetings would be scheduled to 6 be held in the Kenzington Community Room where older residents could 7 be invited to attend and share their recollections about St. Anthony 8 history. In February, the Committee would be hearing advice from 9 members of the Minnesota Historical Society and/or from other small town 10 historical societies on how they set up their organizations and 11 directions on projects which would enable the Committee to fulfill its 12 purpose. 13 The Councilmember then thanked Larry Jones for the "fabulous" article 14 on the Committee he had written in the Bulletin indicating that from the 15 number of calls she had received after the article appeared, she no 16 longer had doubts that St. Anthony residents read the back sections as 17 well as the front of the Bulletin. 18 The Committee liaison then told the newswriter she would be sending him 19 a copy of the committee photo as well as correction of the information 20 she had given for the article which identified the oral history as 21 having been made by the Girl Scouts rather than the Bicentennial 22 committee. 23 Councilmember Perceives Residents Might Be Unaware of How Good the St. 24 Anthony Civic Orchestra Is • 25 Councilmember Makowske reported she and her husband, Don, had attended 26 a concert the past sunday at the St. Anthony High School which they 27 both thought was every bit as good as any they had ever heard before. 28 She said she thought - a lot more publicity should be given to these 29 concerts to make the residents more aware of what a valuable asset they 30 have in the orchestra. Councilmember Marks who plays in the orchestra 31 thanked her for her kind words. 32 Councilmember Enrooth Reports Early Morning Meeting of the Hennepin 33 County Groundwater Committee in Minnetonka 34 The Councilmember reported attendance at the above meeting on a recent 35 snowy morning. He said he perceived this would be a good group which 36 was really approaching the water problems from a different angle. 37 Overview of Anoka/Hennepin Corridor Advisory Committees Progress Given 38 by Councilmember Marks 39 Although he had been on his way home from Washington, D.C. , the night 40 the Advisory Committee had last met, the Councilmember said he 41 perceived the other Councilmembers should have been able to get a good 42 idea about what the Committee was doing from several announcements the 43 media had carried reporting consideration of the University/Central 44 Avenues corridors plus the connection between the two. 22 1 Ms. Olsonoski indicated Bill Sauer, a former St. Anthony Councilmember, and George and Ruth Thompson who were present for the discussion, would be working on the project with her: She said she hoped to be able to 4 take advantage of Bill and Duffy Sauer's experience with queen contests 5 for this project. 6 Mayor Sundland commented that he perceived there was a lot of support 7 and enthusiasm on the Council to help with the float and getting it 8 financed. 9 UNFINISHED BUSINESS 10 Resolution Vacating Portions of Wilson and Coolidge Street and Assuring 11 Relocation of Sanitary Sewer Lines Adopted by Council for LaNel 12 A artment Project 13 Mr. Soth had suggested in his November 21st letter that the existing 14 easement be vacated with the vacation made effective only upon the 15 developers granting a new easement acceptable to the City and the 16 relocating the sewer line to the new easement. A copy of the proposed 17 resolution had been provided with his letter. 18 Council Action 19 Motion by Ranallo, seconded by Marks to adopt Resolution 88-046 with the 20 new provision for vacating the existing utility easement recommended by 21 the City Attorney. 02 RESOLUTION 88-046 23 A RESOLUTION VACATING A PART OF TWO STREETS 24 AND A PORTION OF EASEMENT 25 Notion carried unanimously. 26 DEPARTMENT AND COMMITTEE REPORTS 27 The followin g were accepted and ordered filed as informational. P 28 *Hance and LeVahn report of cases the law firm had prosecuted for the 29 City in Hennepin County District Court up to and including November 30 2, 1988; 31 *October, 1988 Fire Department Report; 32 *September, 1988 Financial Summary. 33 CONTINUATION OF COUNCIL REPORTS 34 First Meeting of St. Anthony Historical Committee Held 21 I Before recessing the meeting at 9:25 P.M. , Mayor Sundland thanked the 2 residents for their input to the planning process for recycling. He • 3 said all the valuable suggestions they had made would be included in the 4 selection of a vendor which would not be made until at least the 5 Council's first meeting in 1989. 6 The meeting was reconvened at 9 :43 P.M. 7 Council Accepts Plans for Theme and Support for City Float 8 Barb Olsonoski, Marketing Director for the Apache Plaza Merchants 9 Association and Councilmember Ranallo reported suggestions they had 10 gotten from attending a float seminar at the Thunderbird Motel the 11 previous weekend which they were recommending be utilized for a 12 community float, which were: 13 *to retain the Dennis Johnson firm to construct, store and deliver 14 the float to each parade site for a maximum of $4,500.00 construction 15 costs and $350 to $400 to be paid to have the float delivered to each 16 site and operated by someone from that company (there would be no 17 charge for the first parade) ; 18 *to pay the insurance costs with a rider to the City's LMC umbrella 19 policy; 20 *have the City officials ride with the queen the first few years to 21 establish St. Anthony's identity and give the Councilmembers public 22 exposure; • 23 *to have the float in neighborhood events like the New Brighton 24 Stockyard Days; Fridley 49ers Day, the Northeaster and Central Avenue 25 parades, as well as the Minneapolis Aquatennial Day parade (only 26 marching bands and larger floats are allowed to participate in the 27 night parade) ; 28 *establish two committees, one to seek sponsors for the float from the 29 local merchants and service organizations, and the other to take care 30 of scheduling the float and queen appearances; 31 *request Larry Jones of the 'Bulletin to report the organization of the 32 float committees and to tell the residents about the float and 33 proposed activities. 34 Councilmember Ranallo indicated he thought that now that there was no 35 longer a marching band which was identified as only from St. Anthony, 36 the community needed something like this float to keep up its image. 37 He reported he had learned that neither the City nor Apache would have 38 the expertise to build the float for the City and the price quoted by 39 the Johnson firm was much lower than he and Ms. Olsonoski had thought 40 would have to be paid for the float. 20 1 Ms: Halpine agreed that households which generate less waste should be 49 rewarded for that economically which would result in people who recycle and compost a good percentage of their waste having to pay a much lower 4 rate. The Solid Waste Supervisor also suggested senior citizens rates 5 and discounts for people who live out of town for six months could be 6 negotiated in a city contract where all parties know exactly what their 7 responsibilities will be. She added that the state and the 8 Metropolitan Council were both emphasizing the importance of having the 9 citizens doing most of the separation and taking responsibility for 10 their own solid waste management, which would be much cheaper in the 11 long run than having all the wastes go to the County incinerators. She 12 also reiterated the information from the Fact Sheet which reported a 13 city could be exempted in 1989 for $18.00 a year in Ramsey County taxes 14 for each single family residence if they financed their own recycling 15 system as North Oaks, White Bear Lake and White Bear Township are 16 already doing. 17 Mayor Sundland explained that St. Anthony had to deal with Ramsey 18 County's as well as Hennepin County's requirements, since there are 19 portions of the City in both jurisdictions. He then thanked Ms. Halpine 20 for providing insight into Ramsey County's regulations. Before closing 21 the forum, the Mayor told Mr. Thompson policing the system to see each 22 residence paid for its own service was one of the issues which would 23 have to be looked at when the contract with the City vendor is 24 developed. 25 The More St. Anthony Recycles, the Less the Residents Will Have to Pax *6 Jim Gencauski and Bob Christensen of Waste Management were present for 27 the discussions and Mr. Gencauski told the residents: 28 *the more. materials his company can divert from the landfills or the 29 incinerator, the less they would have to charge the St. Anthony . 30 customers; 31 *if Waste Management collects both garbage and recyclables for the 32 City, they would be able to keep track of how much is diverted and 33 adjust the rates in accordance after the first year, just as they do 34 in Robbinsdale and Columbia Heights; 35 *the company diverted 85 tons of waste in Robbinsdale which saved 36 them $30.00 a ton in landfill changes and it is estimated those 37 savings could amount to as much as $75.00 a ton for materials 38 diverted from the incinerator; 39 *his firm already grants discounts for periods when customers were 40 out of town and didn't use their service. 41 Residents' Input to be Included in Contract Negotiations For Recycling 42 Hauler. 19 1 understood Waste Management was currently charging only $138.00 a year 2 for curbside service. 3 Mr. Ring said he had the same objections as Mrs. Murphy to having to pay 4 for garbage service he didn't need during the six or seven months his 5 wife and he are living in Wisconsin. The resident stated, however, 6 that he had no complaints whatsoever about the service Waste Management 7 provided during the periods he required such service. 8 Ruth and George Thompson, 3015 - 39th Avenue N.E. , were present for the 9 discussion of a City float which was to be held later that evening. 10 Mrs. Thompson said she perceived having everyone on the same street 11 putting out their garbage on the same day and not having garbage cans 12 sitting out all week long all over the City might outweigh the 13 competition factor. 14 Advantages of Integrating Garbage and Recyclables Collections Touted 15 L)v Ramsey County Waste Manager 16 Colleen Halpine, who indicated she worked for Ramsey County as a Solid 17 Waste Supervisor, said she had studied solid waste issues for years and 18 had brought a fact sheet with her that evening for distribution. Ms. 19 Halpine said Ramsey County has three communities who have recycling 20 contracts with haulers now, which although they were handled 21 differently, probably provided more service for less money to those 22 cities than St. Anthony was paying for its current service. She said 23 her department thought it was better to have only one hauler for any 24 particular area and gave the different methods under which that service • 25 could be handled. She said all the issues the residents were raising 26 that evening could be negotiated and "put down in black and white" in 27 whatever type of contract is written with the hauler or haulers who 28 handle the integrated collection system. The discount for periods when 29 the service is not used could be written into the contract and well 30 advertised by the City. The Ramsey County representative told the 31 residents that as shown on the Fact Sheet, both they and the City would 32 have a lot more control than they currently have over the service under 33 an integrated system which provides garbage collection, curbside 34 recycling and separate yard. waste collection for which the customer 35 -pays with only one billing than under the open hauling system, which 36 charges more for the same services. 37 Ms. Halpine pointed out that in White Bear Township, where haulers 38 provide garbage hauling, recycling services, and yard waste collection 39 under an integrated collection system, residents only pay $9. 25 per 40 month as compared to $13.00 a month residents have to pay in any city 41 which doesn't have a contract with a hauler or a group of haulers to 42 provide all services. The County official warned the residents that 43 after 1990, haulers who now provide only garbage and/or recycling 44 services will probably have to make a second run to pick up brush, 45 grass clippings, and leaves during the growing season, which might 46 require separate haulers for yard waste collection. 18 • 1 He indicated that city uses color coded plastic baskets into which the 41 residents sort out their bottles, cans, and newspapers and he thought were also specifically identified as to address. He reported that the 4 financial incentive to generate less recyclable waste was also built 5 into that system because the residents were given a $6.60 quarterly 6 credit on their billing for recycling at least three times per quarter, 7 which he said amounts to over $26.00 a year. The resident said his 8 greatest concern was with all the proceeds going only to the City's 9 Beautification Fund and nothing returned to the residents who are paying 10 for the pick up who he knew from his own garbage bills had experienced 11 a five fold raise in what they paid since he moved to St. Anthony. 12 Mr. Webber said he thought giving a financial incentive to the residents 13 would serve as a greater encouragement for them to recycle and not 14 ignore the system. The resident then indicated he thought Woodlake's 15 willingness to pickup next to his garage was aesthetically better for 16 the community as a whole because under the present system of irregular 17 pick up by other vendors, there are always empty cans and covers laying 18 out in the street on windy days. He said he didn't think he should have 19 to pay more for that same service under the new program. 20 When Mr. Webber reported talking to Woodlake and finding out that the 21 company was quite disturbed that they hadn't been solicited to provide 22 input or submit a bid to do the City's hauling, Councilmember Enrooth 23 told him that company had been solicited through their parent company, 24 BFI, at the only address the City had on their license, and they had 25 at first declined to participate; had second thoughts about it later, 26 and had brought in the documentation that they had been notified with 4Kthem. when they came into the City Offices the previous day to request they be considered as the City's recycler. The Councilmember also 29 indicated financial incentives to the recycling customers had also been 30 one of the major Task Force recommendations to the Council. 31 Rose Murphy, 2601 - 36th Avenue N.E. said she didn't see any reason for 32 having to pay three months in advance for garbage services when other 33 services like heat and electricity only billed her after she had gotten 34 the service. The resident said she was especially irritated to have 35 Waste Management bill in advance for services she had never received 36 because she had been out of town on vacation. She said Christens, the 37 company which had preceded Waste Management, had always given her a 38 discount for any periods when she didn't require their services. 39 Mayor Sundland reported he had gotten the same type of complaint about 40 garbage cans flying around the street and having to haul their garbage 41 cans down to the street from other City residents, Chet and Ruth Nelson, 42 as had been expressed. by Mr. Webber. The resident's response to that 43 was that although Woodlake wouldn't pick up tree branches or materials 44 of that sort from his garage, they did provide that service for garbage 45 cans which were more apt to be flying around the street if left at the 46 curb. Mr. Webber added that his mother only paid $105.66 to have her 47 garbage and recyclables hauled in St. Louis Park, while he was paying 48 Woodlake $144.00 a year to have all his garbage hauled now and . 17 1 they took over Walters to determine the type of service the new service 2 gave, the City Manager said a survey taken about a year ago had • 3 indicated that Waste Management was the trash hauler for about 1,600 of 4 the City's 2,000 single family residences; Twin City Sanitation served 5 about 200 residents, and Woodlake (BFI) about '150. Krupenny refused to 6 reveal the number of customers they had but staff figured they 7 couldn't be much higher than 50 to 75 homes because that was all that 8 was left. Mr. Childs indicated the Mirror Lake hauler had not been 9 included in those figures because they didn't fit into the single 10 family category and their hauler wasn't licensed to pick up in the 11 City. 12 Mr. Everts reported he had also switched haulers when Walters had been 13 taken over and now had Twin City Sanitation who charged him $4.00 less 14 per quarter than he would have to pay Waste Management, which he said 15 proved to him that "without competition, I would never be able to save 16 _that 1148.00 a year. " 17 Mr. Norr indicated he had also served on the Task Force but hadn't been 18 able to give as much time to it as he would have liked. He responded 19 to Mr. Everts' remarks by saying the competition would still be there 20 with the City negotiating the contract to get the best deal for the 21 residents. The Task Force member said he hoped there would be a 22 single staff member who would be responsible for the garbage billing. 23 Mr. Norr indicated he had talked to the City of St. Louis Park and found 24 that under a program for that whole city they had seen a 35% rate • 25 decrease with the city-negotiated contract to include recyclables. He 26 said any customer with 2,000 homes like St. Anthony should be able to 27 negotiate a lower charge than individual homeowners could. Mr. Everts 28 said he was still not convinced that the City "wouldn't still be 29 stifling free enterprise" by going with only one hauler. 30 Mr. Norr suggested the fees Waste Management charges should be adjusted 31 in accordance with the volume of waste each household generates. He 32 said perhaps they should charge more for everything about 45 gallons 33 they pick up at every house just the same as is now done in Robbinsdale 34 and many communities in Washington State. The Task Force member 35 indicated he liked the idea of making every family responsible for the 36 amount of waste they generated, pointing to himself as an example of 37 a single person household who is very conservative and generates at 38 least four times less garbage than his neighbor with a much larger 39 family. Mr. Norr added that the Citizens League had concluded that if 40 pricing were based on the volume generated, recycling would be much 41 more successful. 42 Councilmember Enrooth thanked him for his suggestions which he said he 43 recalled Mr. Norr had also sent to Mr. Hamer at the end of the study 44 process. 45 Bernie Webber, 3212 - 33rd Avenue N.E, . indicated he was familiar with 46 the system of recycling used in St. Louis Park where his mother lives. 16 • 1 communities, and the third only handled recyclable materials and no other forms of garbage. 3 Jim Cobourn, 3429 Coolidge Street, indicated he agreed with Mr. 4 Wiehoff's complaints about the quality of service since Waste 5 Management took over for Walters and said that was why he had also 6 switched haulers. The resident said his family has always been in 7 favor of recycling and tried to recycle all the materials they could. 8 However, he said he also wanted the option of selecting his own hauler 9 and changing any time he didn't like either the service or the charges. 10 LeRoy Genaw, 3404 Roosevelt Street, indicated a conflict with another 11 commitment had kept him from attending the public hearing on recycling. 12 He read aloud from the list of questions and concerns about the proposed 13 program, which he said bothered him, including whether: 14 *it might not be rather "labor intensive" for Waste Management rather 15 than the residents to separate the recyclables after they're picked 16 up and whether that wasn't just something the ad hoc committee had 17 added to obtain the public's acceptance and participation; 18 *Waste Management customers would continue to deal directly with the 19 garbage hauler or whether the City would not be handling the billing 20 and charging the residents for that service; 21 the recycling service would cause the $34.50 .per quarter the. residents 22 now pay to go up or down. 03 Councilmember Enrooth reiterated that the City expected all hauling 24 charges to go up by $6.00 to $8.00 a month as soon as the County 25 incinerator is put into operation, which the Councilmember said he 26 understood was now scheduled for July, 1989. 27 Stephen Johnson, 3204 Croft Drive, said he hoped the residents who 28 don't generate a lot of recyclable materials would have the option of 29 storing 60 gallon (rather than 90 gallon) containers in their garages, 30 many of which are already overcrowded. Councilmember Enrooth told him 31 that was just the sort of input the City was looking for during the 90 32 day evaluation period. He said 60 gallon containers had been one of 33 the options the study group had left open for further consideration. 34 Mr. McClanahan, who had served as the Task Force Chair, told the 35 residents his ad hoc committee's intent had been to find a recycling 36 program for St. Anthony which would be the most effective; give the City 37 some return; and would at the same time meet the criteria established 38 by the County. He said they knew they couldn't please every resident, 39 but perceived the City's contract with Waste Management, the only hauler 40 who appeared to meet that criteria, could be renegotiated to correct any 41 problems the next time around. 42 When Mr. Wiehoff asked the Task Force Chair whether they had researched 43 the number of customers who had remained with Waste Management after • 15 1 was done and the "service went down while the prices went up. " He added 2 that he didn't think older residents should have to haul. their garbage • 3 down to the curb and wondered whether residents were going to be given 4 a choice of days to have their collections made because the resident 5 said he is out of town all week and he has to put his garbage out on 6 Monday and can't bring the empties back in until he returns on Friday. 7 When Mr. Gondek identified himself as the letter write who had sent 8 letters to all the Councilmembers in which he had drawn a comparison 9 between the City's proposal and Soviet Russia, Mayor Sundland told him 10 it might have been because of that statement that he had received no 11 replies to his letter. Mr. Gondek then suggested that if the City was 12 going to be the only one to deal with the garbage hauler the Council 13 selected, it might be a good idea to include all the Councilmembers' 14 phone numbers on the bills so residents could make any complaints they 15 had about the service directly to them. Councilmember Ranallo told 16 the resident that based on the number of calls he had gotten in response 17 to the Bulletin article about recycling, which had highlighted his own 18 disappointment not to see residents at the public hearing on the same 19 issue, he was certain the Councilmembers would be the first to hear 20 from the residents who are unhappy with the new system. 21 The Councilmember indicated that the City had always had the option of 22 just letting hauler who met the County's criteria handle the recycling, 23 but having had no resident concerns expressed to them, had accepted the 24 Task Force's arguments for having only one vendor. 25 Councilmember Enrooth told the residents there's nothing to prevent any 26 hauler who meets the County's criteria from charging any rate they 27 chose. He added that "just so you don't get surprised, you should be 28 aware that when the County's incinerator goes into operation, your 29 charges, regardless of who your hauler is, will automatically have to 30 go up by roughly $6.00 to $8 .00 a month. " He pointed to the Hennepin 31 County newsletter which had been sent to all county residents as the 32 source of that information. The Councilmember said he hoped the 33 residents realized that raises like that couldn't be blamed on the 34 haulers who only have 'to respond to the conditions imposed on them from 35 government agencies. 36 In response to a question from Councilmember Marks related to the number 37 of haulers who had responded to the City's invitation to submit a 38 proposal, Councilmember Enrooth reiterated' that only three companies, 39 Waste Management, Super Cycle, Inc. , and Knutson had responded at first 40 and a fourth, Reuters, had contacted the City at the -last minute in the 41 process. Even though Task Force members inspected Reuter's facilities, 42 the fact that their process concept had not been accepted by Hennepin 43 County resulted in that proposal not being seriously considered. The 44 Councilmember said several of the vendors', including BFI, the parent 45 company of Woodlake, had at first declined to submit proposals. Only 46 one, Waste Management, appeared to meet all the Task Force's 47 requirements and already picked up about 82% of the City's garbage. One 48 didn't pick up in St. Anthony at all, but did service other 14 • 1 *was just "Republican" enough to oppose giving a contract to only one 2 hauler who he perceived with no competition, could raise his rates 0 next year; 4 *expected there would be "no free lunch" as far as getting back money 5 from recycling went; and 6 *preferred to deal with his own hauler. 7 Jim Wiehoff, 3508 Coolidge Street, identified himself as "representing 8 himself and other community members who vote" reported that when the 9 predecessor to Waste Management did the garbage hauling, the service had 10 been "excellent" , but as soon as Waste Management took over, the 11 service had become very erratic, resulting in garbage being left out on 12 the streets for days at a time. He said he and most of his neighbors 13 had switched to Woodlake because of that poor service. Mr. Wiehoff said 14 . he preferred the "free enterprise system" which enabled them to do that 15 and was concerned that if that were taken away now, the residents would 16 suffer from "big corporation" actions which he deemed inappropriate for 17 such a small community. The resident wanted the City to retain some 18 measure of competition by at least contracting with two services the 19 first year and making a decision as to who would serve the City after 20 that on the service those two provided during -the testing period. Mr. 21 Wiehoff then suggested that selection could even be made by a vote of 22 the community at the next election. The resident added that he had 23 perceived the .Waste Management driver in his area was always in such a 24 hurry that small children in his neighborhood might be endangered. Alvena Law, a resident of Mirror Lake at 4001 Foss Road, said she had 26 to leave the meeting early but was concerned that her complex could 27 not handle the large Waste Management trucks and wanted the residents 28 to be able to retain Larry Saba, the hauler they had now. Councilmember 29 Enrooth indicated there were certain conditions related to haulers which 30 Hennepin County had mandated and those conditions had to be met by the 31 Mirror Lake hauler in terms of recycling all the materials which 32 required by the County. He reiterated that if the City didn't meet 33 those requirements, then the County could select a service which would 34 meet them. The Councilmember told Mrs. Law he didn't believe her hauler 35 had submitted a bid to provide all the City's hauling and that might 36 have been because Mr. .Saba couldn't meet the County requirements. Mr. 37 Childs told him the hauler wasn't even licensed to haul in St. Anthony. 38 He also pointed out that the City was only addressing the concept of 39 servicing single family residents at this time and would have to look 40 at multi-family service later on. 41 Mike Gondek, 2901 St. Anthony Boulevard, was told the final selection 42 of a hauler wouldn't be made until after the first of the year although 43 the Task Force had recommended the City begin negotiating a contract 44 with Waste Management during the required 90 day waiting period. 45 Mr. Gondek said he was also opposed to giving any single vendor a 46 monopoly on the service because he had seen many instances where that • 13 1 The Councilmember had told the members of the public who were present 2 it had been during the Council's October 11th meeting that it had been • 3 determined that in spite of a public hearing on that action as well as 4 many newspaper and City Newsletter articles on the subject, it appeared 5 there were still some residents who were not certain just what the City 6 intended to do, and another public forum to give them the opportunity 7 to provide input to the process might be beneficial during the 90 day 8 waiting period before a contract can be written with any garbage hauler. 9 Residents' Testimony 10 Bob Ring, 3211 Edgemere Avenue: 11 *indicated that because he and his wife spend between six and eight 12 months of the year out of town, principally at their cabin in 13 Wisconsin, they had discontinued using any St. Anthony garbage hauler 14 and carried any garbage they generated here back up to Wisconsin 15 where they generated a lot more; 16 *said he "believed in recycling" and recycled all the waste materials 17 all the waste materials he could himself but was concerned that he 18 might have to pay $15 or $20 a month for service he didn't utilize 19 under the new program. 20 Councilmember Enrooth indicated the Task Force had discussed the 21 possibility that some residents might not have any garbage at all , but 22 questioned whether that was possible and were concerned some of these 23 might represent situations where illegal means of disposing of garbage • 24 like burning or disposal on the site, which they knew was already 25 happening in St. Anthony, posed health hazards for the community. 26 Mr. Pearson identified himself as a Task Force member, saying he was 27 present that night "to support getting recycling started in St. Anthony 28 as soon as possible. " He indicated he had attended five or six 29 meetings and was available to provide insight into the Task Force 30 recommendations. 31 Donald R. Everts,. 2817 St. Anthony Boulevard,_ said he was present in 32 response to the information carried in the Recycling Update article in 33 the Fall Newsletter, which also extended an invitation to attend the 34 open forum. 35 Mr. Everts said he: 36 *like all the other residents, had missed all the previous Council 37 meetings and the Public Hearing on the same issue; 38 *was almost in the same boat as Mr. Ring because he used another 39 garbage hauler and was concerned he would be experiencing a duplicate 40 expense for recycling; 12 • 1 COUNCIL REPORTS 02, Resident's Concerns and Questions About Organized Collection Heard by 3 Council and Recycling Task Force Members During Open Forum 4 At 8:40 P.M. , Mayor Sundland opened the public forum on Resolution 88- 5 040, a resolution of the Council's intent to organize solid waste 6 collection in St. Anthony, which the Council had adopted after a public 7 hearing, September 27 , 1988. The Mayor told the 25-30 residents who 8 were present that: 9 *the State, under the Waste Management Act, had mandated statewide 10 recycling by 1990 and gave the City the choice of looking into 11 recycling and either establishing its own program or letting Hennepin 12 and/or Ramsey Counties who are responsible for getting recycling 13 established, to do it for them; 14 *Hennepin County had indicated it would pay 80% of the City's start 15 up overhead costs if the City took the initiative of establishing its 16 own program; 17 *the Council perceived it would be beneficial for St. Anthony to 18 operate its own program and appointed a Recycling Task Force 19 comprised of St. Anthony citizens as well as Councilmember Enrooth as 20 the Council's liaison, and Public Works Director, Larry Hamer as 21 technical advisor; Whe was personally offering no comments on his own perceptions related 23 to recycling, good, bad, or indifferent. 24 Councilmember Enrooth, as well as Task Force members Lauren 25 McClanahan, 3507 Roosevelt Street N.E. ; . Keith Pearson, 3501 Belden 26 Drive; Paul Norr, 2832 Coolidge Street N.E. , responded to resident 27 concerns about the program recommended by the Task Force, July 18th. 28 The Councilmember indicated the Task Force, comprised of Village 29 residents, had met about five times, during which they had: 30 *looked at proposals submitted by garbage haulers in response to 31 invitations to submit proposals which were sent to all rubbish 32 hauling companies who are licensed to collect rubbish in St. Anthony 33 now, -as well as recycling companies; 34 *had considerable conversation with other residents to whom the Task 35 Force members had access; 36 on September 27th recommended to the Council that St. Anthony should 37 proceed with one hauler, Waste Management, to make both garbage and 38 recyclable collections from all the single family residences in the 39 City, perceiving that company had met all the criteria the Task 40 Force had' set. • 11 i 1 The Councilmember persisted in her argument that having an all brick 2 building gave a "much finer and more substantial, permanent appearance, • 3 besides being much easier to keep up. " When she said she perceived all 4 the developers who had been approached to construct the project 5 understood perfectly well at the start that the City wanted all brick 6 buildings, she was reminded that the buildings which had originally been 7 approved for the project had not been all brick. Gene Nelson, 8 President of Lang/Nelson Companies, reiterated that the developers had 9 already undertaken improvements in the project which were twice as 10 expensive as those for the project the City had originally planned. 11 He said the buildings had been downsized to give them a more 12 interesting appearance and any further expenses would not be 13 economically feasible. He reiterated that he "didn't want these 14 buildings to look like the six or seven story Kenzington, but rather to 15 fit better into the residential environment around the project with 16 their own character which would increase their rentability. " It was his 17 opinion that the amount of wood they proposed on the two larger 18 buildings with the roof drops and separated entrances would add to 19 rather than detract from the character of the buildings and would 20 achieve more of the look the Council wanted than two more three story 21 brick buildings with roof tops straight across. He disagreed with 22 Councilmember Nakowske's assumption that upkeep would be related to the 23 exterior materials, but said that it rather would be related to the 24 style and the physical structure of the property and the people who are 25 operating it. He pointed out that the majority of the project 26 exterior would still be brick and reiterated that he thought the wood 27 sections would add "stature, texture, and character" to the whole 28 project. • 29 The Councilmember agreed that she "loved the villa look" , but found it 30 difficult to give up the brick. Councilmember .Ranallo told her he 31 wanted the brick also but preferred having this project to a "box style" 32 which the City would get with all brick. 33 Nr. Childs reported that the change in the Redevelopment Agreement to 34 accept less brick would have to be handled by the Housing and 35 Redevelopment Authority. 36 Council Action .37 Motion by Enrooth, seconded by Marks to amend the Development Concept 38 Plan and Detail Plan under the P.U.D. section of the City Zoning 39 Ordinance as proposed by Lang/Nelson Associates dated November 4, 1988 40 for Phase 3 of the Kenzie Terrace Redevelopment Project. 41 Voting on the motion: 42 Aye: Enrooth, Sundland, Marks, Ranallo. 43 Nay: Makowske. 44 Notion carried. 10 Mr. Brewer told her not providing as much brick had been a matter of economics once the developers got into changing roof lines and adding 3 separate entrances for the ends of the buildings. However, he added 4 that he was certain that once she saw the buildings up she would change 5 her mind because putting the wood on the top floor of those two large 6 buildings tended to cut the scale down and added more texture and 7 interest to the buildings which would now relate better to the 8 adjoining residential areas. The developer said a need was perceived 9 for a visual transition between the large brick building across Kenzie 10 Terrace, the three story brick Building A and then a reduction of the 11 "mass" effect with the two story villa-type units with clustered 12 entrances. 13 Between 25-30 residents had begun to gather in the Chambers for the 14 recycling forum which followed and the illustrated drawings of the 15 project were shown to them. One person expressed the concern that it 16 might be masonite which the developers were planning to use in the 17 areas which were bricked. Mr. Brewer assured her the wood portions 18 of the buildings would all be in stained cedar wood and would present 19 a project in which the whole City could take pride. 20 Council Actions 21 Motion by Marks, seconded by Enrooth to waive the preliminary plat and 22 approve the final plat which would combine all legal descriptions for 23 property contained in -Phase 3 of the Kenzie Terrace Redevelopment Project into a single parcel described as Lot 1, Block 1, St. Anthony LaNel Addition. Subject property is generally described as the St. 26 Antony Village Shopping Center property and several small adjacent 27 property parcels in the .general vicinity of the 2600 block of Kenzie 28 Terrace. Approval is contingent upon the City Attorney reviewing the 29 replacement of a portion of the sewer easement running through the 30 center of said property which is necessary for siting one of the 31 proposed buildings. 32 Motion carried unanimously. 33 Motion by Marks, seconded by Ranallo to amend the Detail Plan and 34 Development Concept Plan for Phase 3 of the Kenzie Terrace 35 Redevelopment Plan (dated November 4, 1988) from the one approved in 36 August, 1988, to allow a second curb cut for a driveway on Kenzie 37 Terrace with a corresponding cut in the median and/or a new entrance 38 into Building C's underground garage on the other side of the building 39 subject to an update of the traffic study done a year ago to indicate 40 what effect a median cut might have on the traffic low in that area. 41 Motion carried unanimously. 42 Councilmember Makowske Questions WoodjBrick Mix Proposed by Developers • 9 1 The President of the LaNel Financial Group indicated the developers were 2 proposing another entry into the site which would provide ingress and • 3 egress and to only Building C through the existing curb cut which had 4 previously serviced the upholstery shop. He said he perceived the 5 existing median in front of this building would force drivers leaving 6 the site to go north to either access Highway 88 or St. Anthony 7 Boulevard. Mr. Brewer said he would anticipate Building C's residents 8 to develop traffic patterns which would bring them up Stinson rather 9 than trying to make a U turn in front of Kentucky Fried Chicken to reach 10 the building from the south. The developer indicated it would not be 11 advisable from a marketing standpoint to direct traffic around the 12 senior building which would have to be done if the second driveway 13 isn't allowed. He also pointed out that under such a plan those 14 seniors would be cut off from the amenities of the rest of the site and 15 there would be less green space provided in an area where green space 16 is already scarce. 17 Councilmember Ranallo reiterated that the City had promised the 18 Minneapolis neighbors that access to the project would not be provided 19 from Lowry Avenue. Mr. Childs added that traffic would have to be 20 routed over private property for an access to the east to be provided. 21 When Councilmember Ranallo wondered whether, since the City would be 22 eliminating a number of Kenzie Terrace curb cuts for this project, a cut 23 in the median itself couldn't be made to access Building C. Mr. Brewer 24 indicted he thought that might work because it was very likely only the 25 residents of that building would be using that driveway because the 26 project's prospective rental activities would be carried on in Building • 27 B. 28 Commissioner Werenicz indicated he had expected the developers would 29 have already done the traffic flow studies which they had promised the 30 Commissioners they would do to justify the additional curb cut. Mr. 31 Brewer told him that, given the constraints on time to get the project 32 going which wouldn't allow them to redesign the whole site, the 33 developers had instead worked on trying to solve the problem internally 34 without architectural changes. They were unable to do this however, and 35 were now hoping the Council would say they liked the new site plan and 36 then would be willing to let Lang/Nelson to work with staff on a 37 satisfactory method of directing traffic in and out of the site based 38 on the study which had recently been done for the City for the same area 39 by Short-Elliott-Hendrickson, Inc. The City Manager indicated the 40 results of their efforts could still be made at the Council's December 41 13th meeting. 42 Councilmember Makowske Adamant About Having All Brick Buildings 43 The Councilmember said she really appreciated the new villa-type concept 44 in the building design as well as the ponding and moving the project 45 away from Kenzie Terrace but perceived not having brick on the third 46 floor exteriors of Buildings B and C would be "really downgrading the 47 project" . 8 • 1 concerns had been about adding another driveway on Kenzie terrace and 41 the provision of less brick on two of the buildings than had been promised in the Redevelopment Agreement, he indicated. 4 Commissioner Werenicz told the Council the Commissioners had been 5 unanimous in their opposition to another curb cut off Kenzie Terrace, 6 perceiving it would defeat the purpose of the traffic signal the City 7 had just installed to serve the project's main entrance as well as the 8 Kenzington across the street. He said the developers had indicated 9 they would have a traffic study done to see if the Commission concerns 10 were warranted and had even suggested they might be able to turn 11 Building A around to maintain the necessary flow of traffic within the 12 project. 13 The other "bone of contention" had been the Commissioner's perception 14 that the developers were not providing as much brick as promised 15 originally, and which Commissioner Werenicz conceded might have been a 16 tradeoff for a better building design, but still didn't seem to meet 17 the terms of the Redevelopment Agreement. 18 Developers Defense of Changes 19 Paul Brewer, Gene Nelson, and Greg Bronk of Lang/Nelson Associates and 20 a representative of Leonard Lampert Architects were present to answer 21 questions from the Council. 22 Mr. Brewer confirmed the changes in the site plans which would: *move the 50 unit, 3 story senior Building A away from the street and 24 farther from the "huge mass of the Kenzington" across Kenzie Terrace; 25 *at the same time, time that building and the other 75 unit senior 26 Building B and the 76 unit general occupancy Building C closer 27 together; 28 *provide drainage for the site into a pond adjacent to the pool in the 29 center which would provide a focal point for the buildings; 30 *relocate the parking lot exits farther away -from the main entrance 31 where there would be less incline and more room for stacking. 32 Mr. Brewer indicated the developers had perceived a real marketing 33 advantage to providing the villa, clustered entrance type design for 34 Buildings B and C because those are the types of amenities prospective 35. renters seem to be looking for in multi-family housing. He pointed 36 out, however, that whenever more angles and roofing are added to a 37 building, it has to cost more money than it would to just construct a 38 three story building which looks more like a dormitory. That cost 39 factor, and the architectural design which was decided on, called for 40 brick exteriors on the first two floor exteriors of Buildings B and C, 41 wood siding on the highest center portion. • 7 1 which was going in next to him. He indicated staff had reassured him 2 drainage would be provided in a manner which would cause no problems for • 3 this property. The resident added that he and Mr. Hance had come to a 4 satisfactory understanding on all issues which had previously caused 5 him some concern. 6 Councilmember Marks indicated that under his understanding of what 7 constituted a hardship for which a variance could be granted, this 8 request came the closest to meeting the definition of a hardship than 9 he had perceived in many variance applications which the Council had 10 previously granted. it Council Action 12 Motion by Marks, seconded by Enrooth to grant the variance requested 13 by Edward Hance which would allow the construction of the proposed 14 garage at 2813 Silver Lane within a minimum of 13 feet from the front 15 property line as shown in the architect's October 11 , 1988 site and 16 elevation drawings presented at both the Planning Commission's November 17 15, 1988 hearing and- the Council's November 22, 1988 consideration of 18 the variance. In granting the 17 foot variance to the City Ordinance 19 requirement for 30 foot front yard setbacks, the Council finds, as did 20 the Planning Commission, that the applicant had satisfactorily addressed 21 the three statutory requirements for granting a variance and a hardship 22 had been created for the applicant by the strict regulations of the Rice 23 Creek Watershed District regarding setbacks from Silver Lake. 24 Motion carried unanimously, . • 25 Council Approves Amending P.U.D. for Renzington Apartments of St. 26 Anthony 27 Commission Recommendation 28 In addition to copies of the Commission minutes pertaining to the above, 29 the Council agenda packet had included the same documentation as had 30 been provided Commission members for the November 15th hearing. 31 Commissioner Werenicz reported the Commissioners had no problem with 32 recommending the Council waive the preliminary plat and approve the 33 final plat for the 9. 34 acre parcel to include the addition of the 34 triangular parcel of the parking lot west of the Town and Country Store, 35 which will be acquired by the City to make the site changes perceived 36 necessary by the developers. However, he said, as reported extensively 37 in the minutes, several changes in the plans which had been approved in 38 August, resulted in lengthy discussions with staff and the developer's 39 representative. 40 The Commission representative indicated the Commissioners had approved 41 resiting the buildings away from the perimeter of the property; 42 provision of a "villa-type entrance concept for the two largest 43 buildings; and the pond and pool in the center court area. The major 6 • 1 Mr. Hamer who would make sure all the electrical-, plumbing, etc. were ofup to code. 3 Council Action 4 Motion by Makowske, seconded by Ranallo to grant an amendment to the 5 conditional use permit originally issued on February 28, 1984 to Video 6 Update, 2510 Kenzie Terrace N.E. , to include the expansion of the video 7 store's retail space into the adjoining space recently vacated by Popco 8 Cleaners. As recommended by the Planning Commission, the Council 9 imposes the following conditions on the amendment: 10 1. There would be no viewing of tapes in the store, except for bona fide 11 demonstrations of tapes and no viewing would be visible from outside 12 the store. 13 2. The proprietors must comply with all state laws relating to obscenity 14 and to any ordinance- of the City of St. Anthony thereafter relating 15 to obscenity. 16 3. Conviction of the owner or any of the employees of the owner for 17 violation of obscenity laws in the operation of the store would be 18 grounds for revocation of this permit by the City Council. 19 4. There shall be no flashing lights in the front window of the store. 20 5. Approval of the amendment is contingent upon an inspection of the G1 premises by the Building Inspector to ascertain that they meet all 2 City ordinances and codes. 23 Motion carried unanimously. 24 Setback Variance for- Hance Garage Granted With No Objections From 25 Neighbor 26 Commissioner Werenicz indicated that after hearing .very extensive 27 testimony from the applicant, Edward J. Hance, including his response 28 to drainage concerns from the next door neighbor, the Planning 29 Commission had concluded hardships had been demonstrated which justified 30 the City's granting the requested variance for the proposed garage at 31 2813 Silver Lane. The Commissioner explained that the Commissioners had 32 agreed that the configuration of the lot as well as stringent lake 33 setback requirements imposed by the Rice Creek Watershed District 34 appeared to fulfill the three requirements for granting such a variance. 35 He said the Planning Commission also perceived the 13-1/2 foot setback 36 Mr. Hance was proposing was an improvement over the 10 foot setback from 37 the property line which had been provided by the garage which had 38 previously stood on that property. 39 Andrew Szurek, 2809 Silver Lane, whose home is located just east of the 40 Hance property, told the Councilmembers his appearance at the Planning 41 Commission hearing had only been to get more information on the project • 5 1 which the Commission had not been able to get answers during the 2 hearing were cleared up. . 3 Mr. Childs indicated the City Ordinance would not prevent the store from 4 having the lights in the window, but only said they should not be 5 flashing. (He said they are not at this time. ) The City Manager 6 reported the Public Works Director was waiting to hear the Council's 7 direction that evening before proceeding with the inspection and 8 issuance of a permit for the expansion. Councilmember Makowske said she 9 personally had no problem with Mr. Belisle keeping the lights in the 10 window as long as they aren't flashing and are turned off when the store 11 is closed. Councilmember Enrooth indicated he was still concerned that 12 this was just another situation where a store owner takes actions with 13 complete disregard for the City's codes and ordinances and then pleads 14 ignorance and is allowed to continue to be in non-compliance. 15 Mr. Belisle stated that there had been communication problems with the 16 City regarding the lights, reiterating that he had received no response 17 to the letter his franchise lawyer had sent to the City in 1984 18 insisting that the lights should be considered "historical symbols" . 19 He said he had thought the matter was a dead issue when he had gotten 20 no response from the City. 21 Mr. Childs recalled that the Planning Commission had considered the 22 lawyer's letter and refused to accept the historical symbol concept it 23 proposed. The City Manager said although he had no copy of a letter 24 informing Mr. Belisle of that ruling, he thought he had called the 25 store owner. Since that had all happened in 1984, -he couldn't be • 26 absolutely certain what action had been taken so long ago. 27 When Councilmember Ranallo expressed some concerns about the extent of 28 electrical work the store owner and the other Video Update employees had 29 done in the new space, Mr. Belisle said all they had basically done was 30 to life the electrical junction boxes up into the suspended ceiling 31 without disconnecting the conduit at all. Mayor Sundland indicated that 32 was one of the reasons he perceived it would be necessary to make the 33 permit extension contingent upon the Building Inspector's assurance that 34 the remodeling met all the necessary codes and ordinances. 35 Condition #4 in the original permit was not considered relative to the 36 permit because the stop sign it called for had been installed in the 37 meantime. Councilmember Marks said he shared Councilmember Enrooth's 38 sense of frustration with the unauthorized expansion and continuation 39 of con-conforming signage in this store. He recalled experiencing the 40 same type of frustration during the years he served on the Planning 41 Commission when applicants would come in at the last minute to request 42 an "'immediate' variance for a project which had to be constructed 43 before the frost set in, etc." The Councilmember said then as now he 44 considered these to be cases where the owners exhibited very poor 45 planning but wasn't certain what other action the City could take with 46 this expansion already completed. Councilmember Enrooth indicated he 47 would be satisfied to have the property given a thorough inspection by 4 • 1 Payment of the September 22nd statement from Braun Engineering had been 41 tabled at the previous Council meeting for further information and Councilmember Enrooth indicated he still didn't fully understand the 4 company's November 17th explanation to Mr. Hamer. Mr. Childs indicated 5 he perceived a portion of the attachments to that letter had been left 6 out of the agenda packet and explained that the Council would be paying 7 for the testing costs for the concrete, curbing, bituminous on St. 8 Anthony Boulevard and for the concrete work done on Kenzie Terrace in 9 conjunction with the traffic signal installation. He also indicated 10 that these costs had been reversed on the September billing. it Council Action 12 Motion by Marks, seconded by Makowske to approve payment of $4,852.60 13 to Braun Engineering Testing with $4,141. 35 to be paid for the St. 14 Anthony Boulevard project and $711.25 for the Kenzie Terrace Project 15 contingent upon a corrected billing being submitted to staff. 16 Motion carried unanimously. 17 The requested public appearance relating to the St. Anthony float/queen 18 candidate was deferred to later in the agenda. 19 REPORTS 20 NOVEMBER 15, 1988 PLANNING COMMISSION MINUTES - RICK WERENICZ The Planning Commission representative indicated action on the R. L. Johnson Investment Co. request for a sign variance had been tabled for 23 a month to allow the applicants to work with staff on a more acceptable 24 sign proposal . 25 Video Update Expansion Approval Contingent Upon No Flashing Lights and 26 Improvements Meeting Codes 27 Commissioner Werenicz reported the Planning Commission had accepted 28 Craig Belisle's claim that he had not realized he needed a building 29 permit to expand his Video Update business into the space next to his 30 store. The Commission had perceived there might have been failure in 31 communication between staff and the store owner which had resulted in 32 the store's .retention of flashing lights in the windows, which are in 33 violation of the City Sign Ordinance. The Commission was therefore 34 recommending the conditional use permit Video Update received in 1984 35 be expanded to cover the new store space on the condition that the non- 36 conforming lights be removed altogether. 37 Councilmember Enrooth said he was concerned that a businessman who had 38 been operating a store in the City for the number of years Mr. Belisle 39 had would not have become more knowledgeable about the rules and 40 regulations under which he was licensed to operate and he questioned 41 whether the extension should be granted until some of the questions on • 3 1 Contractors: 2 Delory Company, Maplewood, MN • 3 Nordquist Sign Company, Minneapolis, MN 4 Cragg Sign Inc. , Golden Valley, MN 5 Motor Vehicle Starting License:. 6 J & S Automotive (Apache Mobile) , 4000 Silver Lake Road 7 Amusement Devices: 8 Bono's Malt Shop and Arcade (4 machines) 9 Apache Plaza 10 Motion carried unanimously. 11 CLAIMS 12 Motion by Ranallo, seconded by Marks to approve payment of all City and 13 Liquor Operations accounts payable as listed for October 31, 1988 in the 14 November 22nd Council agenda packet as well as all the November 8th City 15 accounts payable distributed_ by the City Manager during that same 16 meeting. 17 Motion carried unanimously. 18 Motion by Marks, seconded by Makowske to approve payment of $639.00 19 annual membership dues in the National League of Cities. • 20 Motion carried unanimously. 21 Motion by Marks, seconded by Ranallo to approve payment of $7, 200.00 to 22 Pacesetter Heating Supply, Inc. for materials necessary for the new 23 HVAC system for the City fire station. 24 Motion carried unanimously. 25 Motion by Enrooth, seconded by Marks to approve payment of the. corrected 26 figure of $158.57 to Rieke Carroll Muller Associates, Inc. for 27 engineering services during October, 1988 on the City's temporary water 28 treatment facility. 29 Motion carried unanimously. 30 Motion by Makowske, seconded by Enrooth to approve payment of $26,082.04 31 to the Metropolitan Waste Control Commission for November sewer 32 service. 33 Motion carried unanimously. 2 • C=TY O F S T . ANTHONY C 2 TY C OUN C= L M 2 NUT E S NOVEMBER 22 , 1 9 8 8 1 The meeting was called to order at 7:32 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 5 Also present: David Childs, City Manager 6 Sue VanderHeyden, Assistant to the City Manager 7 William Soth, City Attorney 8 NOVEMBER 8, 1988 COUNCIL MINUTES 9 Motion by Makowske, seconded by Sundland to approve with the following Opchanges: 11 Page 1, line 17: Substitute "or" for "of" . 12 Page 3, line 12: Substitute "Chain" for "changed" . 13 Page 6, line 39: Substitute "work with" for "replace" . 14 Page 6, line 44: Substitute "St. Anthony" for "City" . 15 Page 6, line 46: Substitute "he" for "the" . 16 Motion carried unanimously. 17' There was general concurrence that copies of the Salvation Army's Master 18 Plan for Silver Lake Camp should be sent as a courtesy to the City of 19 New Brighton. 20 LICENSES/PERMITSZPETITIONS 21 Motion by Ranallo, seconded by Marks to grant the following licenses as 22 listed in the November 22, 1988 Council agenda packet: 23 Heating: 24 -Riccar Heating, Andover, MN 25 Thrane Inc.. , Minneapolis, MN • 1 8 1 Council Perceives Possibility of Only One Council Meeting in December 2 Traditionally, the Council has held no meetings between Christmas and 3 'New Years and several Councilmembers indicated they expected to be out 4 of town during that period. Mr. Childs indicated he knew of no pressing 5 matters which might require Council attention before the first 6 scheduled meeting in January. If an application required action by 7 the Planning Commission December 20th on which a Council decision was 8 needed immediately, he suggested the Council might be able to hold a 9 short meeting on December 21st to take care of just that matter. The 10 final decision on the matter was deferred until the Council's November 11 22nd meeting. 12 NEW BUSINESS 13 Ordinance Amendment Allowing Pull Tabs Given First Reading 14 Mr. Childs indicated the above had been written by the City Attorney 15 and he would refer Councilmember Makowske's suggestion for highlighting 16 the exceptions to Mr. Soth before the next reading. 17 Council Action 18 Motion by Ranallo, seconded by Makowske to approve the first reading 19 of Ordinance 1988-011 which would amend the Charitable Gambling • 20 Ordinance to allow pull tab operations 'in municipal liquor 21 establishments St. Anthony. 22 ORDINANCE 1988-011 23 AN ORDINANCE RELATING TO LAWFUL GAMBLING IN MUNICIPAL 24 LIQUOR DISPENSARIES FOR THE ON-SALE -OF INTOXICATING LIQUOR; 25 AMENDING SECTION 445:10 OF THE 1973 CODE OF ORDINANCES 26 Motion carried unanimously. 27 ADJOURNMENT 28 Motion by Enrooth, seconded by Ranallo to adjourn the meeting at 8:50 29 P.M. 30 Motion carried unanimously. 31 Respectfully submitted, 32 Helen Crowe, Secretary 33 34 Mayor 35 ATTEST: • 36 City Clerk 01 the Minneapolis project where Pfister had been selected to fit the 2 building into the surrounding area and the City's attempt to renovate 3 the existing building into a residential building. However, she 4 admitted at the same time that the lower price Buetow had submitted 5 certainly appealed to her, too. 6 Mayor Sundland told Councilmember Makowske Pfister Architects was his 7 second choice but the fact that they would be working on the Timber 8 Wolves building hadn't convinced him they should be moved up on his 9 list. 10 Councilmember Ranallo indicated that although he had been ill and unable 11 to attend the work session, he had been able to study all three 12 proposals and had only kept Buetow's for this meeting. He pointed to 13 that firm's experience with the Indianola City Hall expansion project 14 where fire and police departments had to be remodeled and improved as 15 an example of a project which would be similar to what the Council 16 wanted to do with the building they're already in. He said he 17 perceived Buetow was the only firm of the three who had designed and 18. remodeled buildings like the Carver County courthouse and the Ramsey 19 County Library. 20 Councilmember Enrooth indicated he had also found Pfister's proposal to 21 be very innovative and thought Mr. Pfister had a lot of good ideas. 22 However, he said he had a hard time perceiving how they would relate to S3 renovating an old building as the City has to do. 24 He indicated the fact that Dave Hall, the architect who was with Mr. 25 Dunwell and specializes in space design, made Buetow's proposal seem 26 more relative to him. The Councilmember said he thought having someone 27 who can tell the City how to use the area which is available to the 28 maximum will be the most important part of the study. 29 Councilmember Ranallo agreed that he perceived a great similarity to 30 what the City wanted and what Buetow had provided with the renovation 31 of the Hennepin County District Court building where they had "evaluated 32 the existing facilities and identified space problems and needs. " 33 Council Action 34 Motion by Ranallo, seconded by Enrooth to retain Buetow Associates to 35 work with City staff on an architectural redesign and space study of 36 the St. Anthony Village Community Center building. 37 Motion carried unanimously. 38 1989 Goal Setting Session Tentatively Scheduled for January 20-21 39 The above date seemed to be the best for the Councilmembers who were 40 present. The City Manager indicated he would let them know if any �1 conflict developed later. 6 • 1 Council Selects Buetow Associates as Architect to Do St Anthony Village 2 Community Center Facility Analysis 3 Three architectural firms . were interviewed by the Council during a 4 special. November 1st workshop held to receive . proposals from firms 5 . interested in doing the above study. Mr. Childs reported Councilmembers 6 Ranallo and Marks had not been able to attend that work session and the 7 final selection had been delayed until this meeting when at least a 8 Council quorum would be present. He reiterated that the City -perceived 9 a necessity to have a study done which at the very least would indicate 10 how space should be configurated in the Center now that the City owns 11 the building. The study would also need to address a change in 12 appearance from a school building to a municipal community center as 13 well as changes in the heating and cooling systems for the building. 14 Mayor Sundland indicated his first choice would be Buetow Associates not 15 only because their $3 ,500 proposal had been so much less than either the 16 $7,500 proposal from Lindberg Pierce, Inc. or $5,800 from Pfister 17 Architects, but also because Buetow is a Roseville firm whose President, 18 Tom Dunwell, is very active on several service organizations in this 19 area which should give him a little more insight into just what the City 20 needed to know before attempting to convert the building into a workable 21 administration space as well as a center which can also be used by the 22 general public. The Mayor said he wouldn't want to "put words in the 23 absent Councilmember Marks' mouth", but a conversation he had with him • 24 at City Hall before he went out of town led the Mayor to conclude 25 Councilmember Marks would vote the same way if he were present that 26 evening. 27 Councilmember Makowske reported receiving two calls from Peter Pfister 28 that afternoon and evening and said he had told her he had also called 29 the City Manager late that afternoon to promote his own firm's 30 selection. She said she had been fairly comfortable with both the 31 Pfister and Buetow November 1st presentations for different reasons. 32 The Councilmember said she thought the reason Mr. Pfister had decided 33 to only call her might have been because he had seen her eyes light up 34 when she had seen some of the creative work his firm had done on other 35 buildings. She indicated she had told Mr. Pfister she was concerned 36 that his firm might not have had the experience of working with City 37 Councils as other architects, which would be required on this project. 38 The Councilmember said Mr. Pfister had called her that day to report his 39 firm had been selected by Minneapolis to replace another architectural 40 firm on the Timber Wolves building. She said her interest in the firm 41 had been heightened when she learned one of the reasons Minneapolis had 42 chosen Pfister had been the firm's ability to work with other architects 43 to sell the project to the public, which would also be required for the 44 City project. Councilmember Makowske said when she questioned the 45 firm's ability to handle both projects at the same time, Mr. Pfister had 46 told her the anticipated the Timber Wolves project to only take from two 47 to four weeks which would free him and another of the firm's principals, • 48 Mr. Sexto, to give their full attention to the City study. The 49 Councilmember indicated she had been able to draw similarities between 5 01 Council sometime in the near future and said he thought it would be 2 helpful for the Council to find out whether the City,s decline represen- 3 ted a national, state, regional or only a local change in drinking 4 patterns. Mr. Childs said he would arrange for the Liquor Manager to 5 come to a Council meeting prepared to answer the Council's concerns. 6 CITY MANAGER REPORTS 7 November 1. 1988 Staff Meeting Notes 8 Comparable Worth Study Draws Three Anneals 9 In reference to Sue VanderHeyden's report that there have been three 10 appeals, one each from the Police, Fire, and Public Works Departments, it resulting from the Comparable Worth Study, the Manager told Councilmem- 12 ber Makowske he perceived all three were very similar to appeals from 13 like departments in other cities who did these studies. He indicated 14 the City's response would probably be based on the responses the other 15 cities made to the appeals. 16 Advanced United Bankruptcy Results in a Number of Uncollectible Checks 17 for City Liquor Operation 18 Ray Nelson is holding up his report on the above checks from his check 19 cashing operation until he knows for certain which checks won't be op, honored by the bankruptcy court, according to Mr. Childs, who said he anticipated that report to be on the Council's next agenda. 22 appointment of Two Police Officers Dependent Only Upon Their Passing 23 Psychological Tests 24 Mr. Childs indicated Police Chief Hickerson's comments meant the tests 25 which were now being administered were the last step in the hiring 26 process. 27 Councilmember Enrooth Amazed by New York City Drug Statistics Reported 28 by Police Chief 29 The above comment was made in response to Chief Hickerson's report on 30 the convention he had attended in Portland, Oregon, where he had learned 31 that in New York City all criminals are tested for drugs and 70% of 32 those tests are positive. Mr. Childs commented that he perceived it 33 had to be terribly. expensive for that city to test all the criminals 34 who are brought in. However, he said he certainly thought the figures 35 quoted by the Police Chief were supported by reports coming in from the 36 nation's teachers that problems with drugs far outweighed the importance 37 of other types of problems experienced by the schools in the past. 38 Mayor Sundland reported his own experience with a survey call earlier 39 that week where he had trouble convincing the caller that his own main 40 concern as an individual was drugs rather than the deficit or any other 0 issue being discussed during the presidential campaign. 4 1 REPORTS • 2 COUNCIL 3 Councilmember Makowske Wants Ordinance Compliance to be Given Considera- 4 tion During Council's 1989 Goal Setting Session 5 The Councilmember drew attention to the November 2nd article in the 6 Northeaster which reported "sweeps" conducted throughout Minneapolis to 7 get unsightly property cleaned up. She said although she was not 8 advocating similar "sweeps" in St. Anthony and recognized it was 9 difficult to legislate cleanliness, she continued to think the concept 10 of keeping our City up was still important and was one the Council might 11 want to consider during that goal setting session. Councilmember 12 Makowske indicated she thought Council concerns with the number of 13 vehicles parked in yards and on lawns should be the basis for further 14 consideration during the January sessions. 15 St Anthony to Nominate Ramsey County CDBG Committee for RCLLG °Agency 16 of the Ouarter° Award 17 Councilmember Makowske said she intended to attend the November 16th 18 meeting of the Ramsey County League of Local Governments where a vote 19 would be taken on the Land Use Enabling Act resolution passed last year 20 and where consideration would be given to the applications submitted by 21 the various cities who belong to the League for the above award. Her • 22 suggestion that St. Anthony give recognition to Ramsey County for the 23 help they had given the City by allocating Community Development Block 24 Grant funding towards the carbon filtration plant was enthusiastically 25 accepted by both the Council and staff members. 26 DEPARTMENTS AND COMMITTEES REPORTS 27 The following reports were ordered filed for information: 28 *Hance & LeVahn report of cases they had prosecuted for the City in 29 the Hennepin County District Court up to and including October 19, 1988; 30 *August, 1988 Financial Monthly Summary. 31 Liquor Manager to Provide Insight on Declining Liquor Revenues at Future 32 Council Meeting 33 The October Liquor Operations Summary prompted' Councilmember Makowske 34 to indicate that she was still concerned that the City liquor revenues 35 continued to decrease percentage-wise from previous years. Councilmem- 36 ber Ranallo said he .would like to hear about the promotions Mr. Nelson 37 was sponsoring to draw in more customers in view of a decline in sales 38 of almost $60,000.00 for the City's two off-sale operations. He asked 39 the City Manager to survey other communities to find out if they were 40 also experiencing the same sort of decreases. Councilmember Enrooth • 41 agreed that the Liquor Manager should be invited to appear before the 3 •1 *the existing gate would then be used as a service entrance; 2 *the new 28 X 69 (2,100 square feet) administration building would be 3 a low profile, standard cedar structure which would be built in the 4 grove of trees next to the new 80 space parking lot; 5 *the vehicle storage building would be 28 X 56 feet with enough room 6 to store four vehicles. Its exterior has been changed from metal to an 7 all wood siding to match the administration building; 8 *the sheds which were in that same area are all gone now and the 9 existing maintenance building would be demolished which would reduce the 10 number of buildings; 11 *the existing road off Silver Lake Road would remain as it is with a 12 changed gate which is rarely used. 13 Mayor Sundland indicated he was much more comfortable with giving a 14 formal approval to these plans than he had been at the last meeting 15 where the Council had only the reduced reproductions of the plans with 16 no one from the Salvation Army. to answer questions regarding building 17 specifics. Councilmember Ranallo told Mr. O'Brien "the camp was a very 18 important portion of St. Anthony Village" and the Council was naturally 19 very interested in seeing that any construction fit in with its natural 20 setting. The architect indicated he could certainly understand their concerns, perceiving that the camp was probably the area's only natural resource. He indicated the Salvation Army hoped the simple 23 improvements they were making at this time would help tie the whole 24 site together. 25 Council Action 26 Motion by Ranallo, seconded by Enrooth to approve the design and plans 27 for the two buildings which the Salvation Army proposes to construct at 28 Silver Lake Camp, 2950 West County Road E. 29 Motion carried unanimously. 30 Ordinance Giving City Officials Small Salary Increases Adopted 31 Motion by Makowske, seconded by Ranallo to approve the third reading and 32 adopt Ordinance 1988-010 which gives the Mayor and other Councilmembers 33 small salary increases in December, 1989. 34 ORDINANCE 1988-010 35 AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER 36 SALARIES, AMENDING SECTION 125:00 OF THE 1973 37 CODE OF ORDINANCES BY ADDING A SECTION Motion carried unanimously. 2 1 CLAIMS 2 Motion by Ranallo, seconded by Enrooth to approve payment of $1,101 .29 3 to Short-Elliott-Hendrickson, Inc. for engineering services from August 4 21 through September 17, 1988 on the replacement of the Foss Road sewage 5 pumping station. 6 Motion carried unanimously. 7 Motion by Enrooth, seconded by Makowske to approve payment of 8 $18,449. 23 to the Briggs and Morgan law firm for legal services rendered 9 during September, 1988 relative to the City's law suit against the U.S. 10 Army et al related to the City's water contamination problems. 11 Motion carried unanimously. 12 Motion by Makowske, seconded by Sundland to approve payment of $438.75 13 to the Dorsey & Whitney law firm for legal services during September, 14 1988. 15 Motion carried unanimously. 16 Motion by Ranallo, seconded by Enrooth to approve payment of $2,400.00 17 to the Hance & LeVahn law firm for legal services rendered during the • 18 month of November, 1988, relative to St. Anthony prosecutions. 19 Motion carried unanimously. 20 UNFINISHED BUSINESS 21 Building Plans for Silver Lake Camp Apvroved by Council 22 The Council had conditionally approved the concept promoted by the 123 Salvation Army's Master Plan for the camp during their October 25th 24 meeting but had withheld formal approval of the two buildings to be 25 constructed at this time until detailed building plans for those 26 structures could be presented by a Salvation Army representative. The 27 Camp Director had responded to this request by indicating in his 28 November 2nd letter to Mr. Childs (included in the agenda packet) that 29 the project architect would attend the Council's November 8th meeting. 30 Architect's Presentation by Tim O'Brien of Hills Gilbertson Architects: 31 The Architect presented all the site, floor and building plans as well 32 as sketches which had been presented during the October 18th Planning 33 Commission meeting and told the Councilmembers: 34 *changes which were planned at this time included the reopening of the 35 stone pillared northwest entrance to the camp resulting in an entrance • 36 which would be farther away from Silver Lake Road; C=TY O F S T . ANTHONY • C 2 TY C OUN C= L M=NUTS S NOVEMBER 8 , 1- 988 1 The meeting having been delayed until after the polls closed, was opened 2 at 8:00 P.M. with the Pledge of Allegiance led by Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Ranallo, Sundland, Enrooth, Makowske. 5 Absent: Marks. 6 Also present: David Childs, City Manager 7 Sue VanderHeyden, Assistant to the City Manager 8 OCTOBER 25. 1988 COUNCIL MINUTES 9 When Councilmember Makowske raised questions about , what had been 10 reported on lines 16-18, Page 3, and lines 32-33 , Page 7, the Secretary 11 was asked to play back the tapes and after consulting with the City 12 Manager to make any necessary changes in the following: 13 Council Action Motion by Makowske, seconded by Sundland to approve the October 25th minutes with the following changes: 16 Page 3, lines 17-18: Substitute "as maintenance free siding as 17 possible of aluminum of vinyl, on the exter- 18 iors. ' The brick, if there's to be any, would 19 only be decorative. " 20 Page 4, line 14: Substitute "driveway" for "street.".. 21 Page 7, lines 8-10: Delete semi-colon after "Proposal in line 8 and 22 move all after the * on line 9 and 10 up to 23 line 8. 24 Page 7, lines 32-33: Substitute "and that the City would be able to 25 voice objections at each annual renewal. " for 26 everything past "during which. . . . . . ." to end of 27 sentence. 28 Page 10, line 38: Change "other" to "others" and delete "men". 29 Page 11, line 16: Insert "Makowske" after "Councilmember" and 30 substitute "concerned" for "had been glad". 31 Page 11, line 17: Substitute "and" for "but" after "water". 02 Notion carried unanimously. 1 which would be. attached to the approval if the operation did not 2 conform to all applicable City and State regulations and codes related 3 to sexual conduct might leave the City open to having to consider 4 requests for operations which might not be as clearly therapeutic as 5 this in the future. The Manager said the City Attorney had not 6 recommended specific language for conditions to be attached to the 7 approval, but was concerned that the City establish standards with 8 this approval which could be consistently applied to any other massage 9 operation which came up later. He also said he saw no problems for 10 Rehab Dynamics complying with these conditions. 11 Mr. Nechas said he certainly understood the City Manager' s concerns 12 and suggested the approval be conditioned upon an operation being a 13 rehabilitative agency regulated by both state and federal standards. 14 Commissioner Brownell commented that he perceived the City' s intent 15 would be protected in this case as long as the rehab center remained 16 Medicare certified. 17 Commissioner Hansen indicated he thought the Commission should try to 18 put the City' s intent into language which, although it might not be 19 as polished as it could be, could be straightened out by the Council 20 and City Attorney when the Council makes its decision on the proposal. 21 22 Commission Recommendation 23 Motion by Brownell, seconded by Werenicz to . recommend the _Council. 24 grant Rehab Dynamics, Inc. a conditional use permit for its facilities 25 located in Suite 220 of the Apache Medical Center, 4001 Stinson 26 Boulevard N.E. , for the purposes of providing a therapeutic massage .27 service as part of its rehabilitative occupational/physical therapy 28 program. The Commission further recommends the following conditions 29 be attached to approval of Rehab Dynamic' s permit: 30 1. The massage therapy should be restricted to Medical approved 31 hours of operation. 32 2. The permit would be automatically revoked if there is any viola- 33 tion of applicable City or state statutes related to criminal 34 sexual conduct by any person associated with the operation. 35 3 . The massage therapy offered in this rehab center must comply with 36 the code of ethics and definition of massage therapy established 3.7 by the American Massage Therapy Association which had been pro- 38 vided by the applicant. Alj 39 Motion carried unanimously. 40 Cahill Garage Request Tabled so Neighbors Can Try to work Out Their. 41 Differences • 12 -- 1 *the massage therapy would be a natural adjunct to the occupational, 2 physical, and speech therapy as well as social,, psychological and 3 audiology services the rehab agency provides their clients under 4 Medicare monitoring in their Apache outpatient clinic as well as in 5 the satellite clinics attached to the 16 long care facilities Rehab 6 Dynamics contracts with throughout the state; 7 *although the massage industry itself is not regulated at all, treat- 8 ments in these clinics would be incorporated within a strictly regu- 9 lated "medical modeled" rehabilitation agency where the same documen- 10 tation would be required for massage patients as are required by 11 prescription from a doctor for the other services provided; 12 *because the major source of their reimbursements come from either 13 state or federal funding, the Rehab Dynamics owners perceived a need 14 to diversify with preventive and wellness programs to include a "med- 15 ically modeled" therapeutic massage for stress management to be paid 16 for by the clients themselves unless ordered by a physician and the 17 costs covered by an insurance company; 18 *any acute type of problem would have to be evaluated and referred to 19 the agency by a physician but in most cases their clients would be 20 people who seek their services for stress management or because they 21 have had muscular problems which they perceive need rehab interven- 22 tion; •23 *any massage client would be handled in the same way as any other 24 medical patient with a file set up and the same safety, infection, 25 etc . standards applied to the treatment; 26 *because the massage giver would be working out of a medical model and 27 out of a medical building, there should be little connection with the 28 undesirable connotation attached to some types of massage. 29 Ms. Fessler discussed the procedure for getting a massage in her 30 clinic with Commissioner werenicz, telling him that since a therapist 31 would only be present to take care of appointments, he would have to 32 make an appointment before he could get a massage in her clinic. She 33 said many of the therapists who had responded to their ad in the paper 34 had told them they preferred working in a Medicare certified clinic to 35 providing the same service in their own homes where they never knew 36 who might be coming . into their home for those services. The rehab 37 owner said they had a medical director and their services were 38 overseen by a group of professionals with degrees on a quarterly 39 basis. Ms. Fessler- indicated the American Massage Therapy 40 Association did have a code of ethics and had established a definition 41 of massage therapy which might be helpful , in setting standards for 42 future massage permits. 43 Mr. Childs assured her that he didn' t for a minute want to leave the 44 impression that he thought this request was anything less than 45 legitimate. However, he perceived that to not address the penalties 11 • 1 The maker of the motions then commented for the benefit of the 2 neighbors who were present that he perceived the Commission had been 3 very sympathetic to their concerns which had resulted in TCF' s 4 proposal being tabled for a month so a traffic study could be done to 5 address those issues. He told them the Commission was not 6 disregarding the concerns they raised that evening, but perceived 7 those questions had been satisfactorily answered in the study which he 8 perceived had resulted in a very good plan. 9 Commission Establishes Massage Therapy Standards with Approval 10 Recommendation for Rehab Dynamics 11 At 8 : 45 P.M. , the Chair Pro Tem opened the public hearing to consider 12 a request from Rehab Dynamics, Inc. in the Apache Medical Center for a 13 conditional use permit to allow office and therapy treatment space, 14 including occupational, physical, and speech therapy, therapeutic 15 massage, etc. in a "C" Commercial zone. He read the notice of the 16 hearing which had been published in the March 2nd Bulletin and sent to 17 all property owners of record within 350 feet of the subject property. 18 No one present reported failure to receive the notice or objected to 19 its content. 20 Mr. Childs had advised in his March 9th memorandum to the Commission 21 that a conditional use permit would be necessary because the zoning 22 ordinance requires conditional approval for all "physical, culture, or 23 health gyms, spas, or clubs" and massage treatments in the past had •24 been interpreted to fall within that classification. He had also 25 suggested the Commission recommend conditions which would limit the 26 applicants to exactly what they propose so future applicants for such 27 services would have to overcome a medically related precedent. 28 The Manager said he perceived this to be a straight forward request 29 but in view of past Council concerns about allowing questionable 30 services into the City had consulted the City Attorney. Mr. Soth had 31 suggested that by running the application through the usual 32 conditional use permit process, the City would be able to find out 33 from the applicants just how those treatments would be provided and 34 would then be able to apply relevance in applicable conditions to the 35 approval. 36 Mr. Childs reiterated that staff had received no calls either for or 37 against the proposal since the notice of the hearing had gone out. 38 Beth Kessler and David Nechas, co-owners of Rehab Dynamics, Inc. , were 39 present and Ms. Kessler indicated hers was a Medicare certified agency 40 which had assumed the office space in the Apache Medical Center, which 41 had previously been occupied by another rehab agency who had been 42 bought out by a national firm. 43 The agency owners, one of whom is a registered occupational therapist 44 • and the other a registered physical therapist, explained to the �5 Commissioners that: 10 i f RN TUI-NA CHINESE ACUPRESSURE MASSAGE RR CERTIFICATE OF COMPLETION This is to certify that A R" GRACE COONEY has completed Introductory Courses I-VIII RN R administered b Dr. Denis Chan R Y g 3 � R RNovember 22 , 88 IRN IRN �i���� , •y, T— .� .�;..... 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I b !Jhis cEZff fi.F4 tfiat �race � Coone� Li fiai sa.tt�,faetozi.fy eom/ifelEd a L'oufuE to gn9fmm. cE ffZxofo9rJ. 4::::;qEtfioJ C�veers wu�ez ouz �ia and sea 'Efi.s �c�at� of 19 O L6Gf1l3�tLLlJ.✓�J �A�v SPORTS MASSAGE TRAINING INSTITUTE &(aNislud 1984 Costa Mesa,California Certificate of Attendance Be it known that Grace Cooney has successfully completed the 50-hour Sports Massage Training Program including Pre-event, Preventive, Restorative, and Post-event massage therapy. The official seal of the Sports Massage Training Institute is hereby affixed in recognition thereof this day of the year of LIP . K. Hungerf ,P Executive Director T om mm T ® , THIS CERTIFICATE IS AWARDED TO: BY American Institute Of Massage Therapy, Inc. FOR PARTICIPATION IN: AT ti• s 4 .ti v IN R CTOR AND DATE \® 1.20 E 16th Street ®/ ® Costa Mesa, California 92627 ��� � )„r:j�?�rOF°e�'y�1; < axe.,s, 'iy`Ya,i t •f1 ii,•''te 11` �7,1�:�' )1M�x+�'�}�da'. .r�-, 1 �,� ...�•€���- /!lpdr,'�a��S�dTii ��-�}y.�pry.�f��y� n ___ � ,aC���j ,. -" �S:'' .�.l_*--/' �{` � 1 _ ��\lli�,d�!Y �`Z; �u+' �A•t J •�., �/. 2�,\��,p��%,K'• "�i;4�1�,� •, M��,¢.�1.�n4fr I�q, - .� ��r+;mR {/ISyY �?�t, f,+!�-�, e�,� �.: ,t��': �fFIl . s?�S•. ..•�'• .�fffai i�•d�� �;�t�i �'�flY�si:.;•� •,y�,��;�►F,a�'sY4& ��, L,.�,y�� '1• � � --- �t�`•.�,:._ i1.Fx�.1�iSt�ti rJj�_ _ R+' �•=� S6�rr� "1�,• ;:y.,:e:.� di` t v�a�o'••��-. ��._��.i:.: ,y �,q-� �. y .'-V _ ,� _,��`' �" •.. - _ .A�e�_'ulr+ pl:n+r a•1y�`►•- i' '- "`1� �' I �- � �• �,•r1 "`_ !��,h..'ry s`�� '�g'� �R�tn:jni, •�i^ J .f.�'ad" ':i` � ��e �ulir, ��.- • .44•n r:0.. 0.:;-..A, ✓,••, •arm �'/ i/ , +_ '' c ;�.. •w. ��. r:fr ti\{.-1 er ''>l%'.',,fi' `i�,.,,.da .r��• + �+► ,y- - .,/.;." ;ti -'�•. .. ilk`` 'rr�( ti�t +Siziffy ;��•, th.ife - :pr;,',� /:b B I - P7 \` `�'ti if$•8'jt�.' _. .•. ir°•,:.:' ,:�k ••:� �.r�t� ,dtir;:•:''•i�-/f:•/:t:�l``..e-••ra' ', -�'�� •'�:� mot% ,�e„•ti;: . . . c! .Of .R1::z=•. ,4 tr': l d +t: ,! 4:t�)a ^s'•: d.P: Y` �.k: { N 1 dill.: -';' > s'� i►.:�__ h 1, ice' _,.r,. l..: t 1,., "+ �..,,: ? l{.r.. 1 1111111 t 11�If>Q�tBHlllu�lllllll�lllllllllllllluu�'DJlllll -•. ..�i;yll`'i�lll�l l �;.__ �"�'' ��.-:l�c�::_-.'”//:Ir�.�•r s7.�.,ilt1.. �h�J�.�� ....��,. =�-��i:�.�....� ; . 1':�� J:• l .!• 1 iY ,J 1'ti /yi !�f _ �:, r. 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C. .•Hr-.:.rl:., ^.k�''+::('+ ',µ�+r•;.,;•.a✓Y,.1Sz,r.� :.,4:�}bif� �,�•kA'.' �r M(k .v�,�'�y,�y,�, = •^1�K � ;; .� 'I ,.^+-�.. , J_ _l-a_ '`;.Cxk'.ti�'fd:t+''.,,,��.Y:ed:i-d�i:�'-i.m•�' 9rJ,.?��tdif- •J�•��.+.ss..rYd•..dy.!•J1�•'J,:.:%.�..l.V'Lk:�d.-+l. :.b! ,1�.1 Z.H.:+,f'::J—.i!f,.1•L.,•!:f",-.4s ,z�mPrtrttn Rtt��tt P Prtt �� Van t f * This certifies that has satisfactorily passed a written and practical exam and/or has graduated from an AMTA curriculum— b approved school, and having submitted evidence of qualifications, is hereby granted this certificate as an Active member of the AMERICAN MASSAGE THERAPY ASSOCIATION. +�•�♦ In witness whereof, these Officers have affixed their hand and Seal of this Association. lul- Ira National President "a•±, N tl al Secretary/Treasurer �= lip r File No. 2961 ati Pirector of Education Member Since December, 19 EN r Organized 1943—incorporated M State of Delaware 1960. This certificate expires February 26, 1989. �a1 o'" +/ °;E•. ..iv' '•kr+:: `-J .3'" .,u ti..':/ ."-`r - - '"wH '. ,.' ,k' ✓.r ~ A I� r II n `wrli""lL,la;'('�!i,ll •_r-��9 'AI 1 n... _ �i i.;>;. F."^I•au,i,'� g5 1R' n'.. .,a+ .it.! -�nt~l� �u �� 11111�111QI =-� (I��..�I .; J•i �. .... ,•,,,� �.u�ullurrtlu..�Imuumuuumu ����ur, �-?; !�;,�i� .��,1G�� + , ; t �.'��•;^ to n� umumllmmlm� llll Il s;• e �n+. h! {, �r,� l�.ty� l7 iFj` 1�.{�', , afi•� I RWo,', :►Ca µ 79yl..•fl:�,�K.,;.f t t;::; ` %� .� ' 1 1��-- �' �. \V �Y t r9 lin;:1 - a �s- N. - -J, r4,`k r./Ac L La .. - ",C WY t i 1:i`� �J�' JL / 0.y A A / y- 6 tea° 14M _ ! G /.! •0 7. •` •'l\l��`".- :4/Jii!' ' �l:'. iN /��1�- Lt's•.-.-.. • i...1Ay� .�.' R+ may 7 yh.� {y r��.• t �' t•.Ltb�.� {. 'F: r ,r}: s i t`` 1, r r•'R7tt`� i t'i ,.i. S f'k• �! .7iRd: .t;: ,�• 4AY t,f3i''R,.::. ., r;�.;:r tas'•s.:,..a� t: Mr 3,.:�::�ts'+�':i.i�j�r;t:�i:.-y•,; ;1e't3.d�;?Z.�'•l - t �!.•,;. .. - , .,� :� a:i'1 n:•::t`';l.' 'u,E�'sal !�.•..,.- •J..,ai+'xn• L. _.�p•,:�, :=•...r 1,.•�. 's'dq `:ira�•--6 '.�,p,�;�•Y.� - ,,l,. 0'1:+1x:1-.=.,.� .A�'1��1a I I o ic our o c alla COUT-1Z U2 '� •\� � C..G. G.C.. � 1 i �dVK.I w Ed� Tal 9bEn On fru::i do of 119 Minnesota Nurses Association 1821 UNIVERSITY AVENUE,SUITE N-377 • ST. PAUL, MINNESOTA 55104 (612) 646-4807 February 11, 1987 Grace Cooney, BS, MT Director Touch of Life School of Massage 12940 Overlook Road Dayton, MN 55327 Dear. Ms. Cooney: The Committee on Continuing Education has reviewed and approved the continuing education program entitled " Basic Massage" for a period of two years from this date to February 11, 1989 It following which the program must be resubmitted for review. A total of 44 Contact Hours have been awarded for your program. • It is. suggested that the following statement be printed on the pro- gram and verification of attendance form. "This program has been approved by the Minnesota Nurses Association's Committee on Continuing Education which is accredited as an approver of Continuing Education in nursing by the North Central Regional Accrediting Com- mittee of the American Nurses Association for Con- tact Hours. It is the responsibility of the participant to ascertain if this offering meets the Minnesota Board of Nursing rules implementing the mandatory continuing education provisions of the Minnesota Nurse Practice Act. " Sincerely, k2alL Y K� Ruth L. Hass, RN, M.N.Admin., Associate Executive Director Administration/Practice/Education RLH:mav 12/12/83 • CONSTITUENT OF THE AMERICAN NURSES'ASSOCIATION Minnesota Nurses Association 1821 UNIVERSITY AVENUE,SUITE N-377 ST. PAUL, MINNESOTA 55104 • (612) 646-4807 February 11, 1987 Grace Cooney, BS, MT Director Touch of Life School of Massage 12940 Overlook Road Dayton,- MN 55327 Dear Ms. Cooney: The Committee on Continuing. Education has reviewed and approved the continuing education program entitled " Advanced Massage" for a period of two years from this date to February 10, 1989 following which the program must be resubmitted for review. A total of 44 Contact Hours have been awarded for your program. It is suggested that the following statement be printed on the pro- • gram and verification of attendance form. "This program has been approved by the Minnesota Nurses Association's Committee on Continuing Education which is accredited as an approver of Continuing Education in nursing by the North Central Regional Accrediting Com- mittee of the American Nurses Association for Con- tact Hours. It is the responsibility of the participant . to ascertain if this offering meets the Minnesota Board of Nursing rules implementing- the mandatory continuing education provisions of the Minnesota Nurse Practice Act. " Sincerely, /\LLJNL CY, l M.II Ruth L. Hass, RN, M.N.Admin. Associate Executive Director Administration/Practice/Education RLH:mav 12/12/83 CONSTITUENT OF THE AMERICAN NURSES'ASSOCIATION CITY OF DAYTON, MINNESOTA FILE NO.CONDITIONAL USE PERMIT THIS CONDITIONAL USE PERMIT HAS BEEN ISSUED TO IN ACCORDANCE WITH THE CITY ORDINANCES OF THE CITY OF DAYTON, FOR THE FOLLOWING USE: ON THE PROPERTY LOCATED AT: i . PURSUANT TO ORDINANCE REQUIREMENTS AND PUBLIC HEARING, THE CITY COUNCIL, ON AUTHORIZED ISSUANCE OF T SAID PERMIT, SUBJECT TO THE FOLLOWING CONDITIONS: VIOLATIONS OF SAID CONDITIONS OR LAWS AND ORDINANCES SHALL CONSTITUTE GROUNDS FOR REVOCATION OF THIS PERMIT. DATE OF ISSUE DkfE OF E P�hATION/REVIEW ISSUED B NAME Ahlb TITLE OF OfffFICAL SIG RE MASSAGE THERAPY . . . MUSCULAR SYSTEM 1. ENHANCES the function of,joints and muscles. FACE The average person car- 2i. IMPROVES circulation rics a large anunmt of NECK & SHOULDERS tension in the nutscles of Rclief fnna chronic tightness and general body tone. the race. Temproman- in the neck and shoulder area dibi lur joint Dysrtnnction cuuscd by stress, pour (TD'(I)a condition involy- posture and job-related tintr- 3. RELIEVES mental and Ing the masseter muscle ti„tts. in Ille•jaw, thought to be physical fatigue. one of the catises of migraine headaches can be addressed Willi massage therapy. I �\I I MASSAGE THERAPY is the 'b �;a ;f4 manipulation of soft tissue for therapeutic purposes and may in- elude but is not limited to ef- `3 ` flcura c etrissa c to potcmcnt i s .compression vibration friction nerve strokes and other Swedish uj.` °? d ABDOMEN LOWER BACK Massage acts as a 1 / I �� Therapeutic natssugc Movements, either b hand or with \ on, "'cellong waste-.,cleanser, applied to the lower hark y � pushing along wostcs and 'I� and spine brings relief mechanical or electrical apparatus , aeemnnlalcd lnxins and . PP � , � qq front stiff, aching tmtseles for the purpose of body massage. / dl ''' replacing and inc with crest' 11 I attributed to weak tour of P y g �� I blood and increased uxy- ! , I s the abdominal nntsrlcs, This may include the use of oil genation of the 15ssnes. ` �� , �.� � � nmsrlc strains and nuts- i� salt glows, hot and cold packs and elc imbalances""Ile pelvic region. :✓ other recognized forms of MASSAGE THERAPY. ��` I' I' ,�' ',,It' MASSAGE THERAPY shall not in- LE GS clude diagnosis or any service or y 'fired legs with nntscle procedure for which a license to ;4 cramps and°nervous" I 'ET twitching are aided by tic practice medicine, Chiropractic, or t)nc of the most ne_ increased circulation. Podiatry is required by law, nor gleeted areas, the feet Athletes, ill training,tip-predate the shortened shall it apply to athletic trainers respnml In increased eir- I 1 culutory flow and flexibili_ about l time brought technicians or physical therapists ly induced by the soft- technicians fly massage I tissue manipulations of therapy. who act under the prescription or Iherapeatic massage. supervision of a person holding an 1, 1 unlimited license to practice medicine or surgery. Accepted by the AMERICAN MASSAGI, TIII;RAPY ASSOCIATION ANT IOR VIEW POSTERIOR VI Nrv.Li/NF CIRCULATORY SYSTEM AMERICAN Massage Increases the MASSAGE THERAPY bland supply and nntrl_ ASSOCIATION lion in muscles without Applications adding t..their load of The American Massage Therapy toxic lactic acid, pro- Association, established in 1943, is duced through voluntary o� muscle contraction. the largest professional association to helps thus a Massa I g representing massage therapists in � �� overcome harmful ,+ °l "fatigue"products the United States and Canada. The resulting from MASSAGE SSAGE 11 AMTA is the only national body cur- l�j� i strenuous exercise or injury. Massage can rently testing and certifying Sports compensate, at least In ` part, for lack of exer- Massage Therapists in the United else and muscular con- States. traction in persons who because of injury, fll- i li ness or age are forced �f to remain Inactive. In these cases, massage helps return venous ' I blood to the heart and Qualified so eases the strain on this vital organ. Massage Therapists Members of the AMERICAN MASSAGE THERAPY ASSOCIATION Therapeutic ii \ Display this emblem. massage has u t.ranr,ullizing cf- I` feet on the central \ \ nervous system. ///�I�X Presented The effects felt \ by the are naturally In- duced by the IF body's own pain ` t killers called en- \ dorphlns.This Is a direct old in iFolt 1--uirrn iz INFORAIATION CONTACT: a dealing with over- stressed lifestyles \ present In our 1, I society. 1 = NERVOUS SYSTEM © 1986 American Diassi crapy Association Now Now BASIC MASSAGE ADVANCED MASSAGE Learn therapeutic healing This class is for those who've massage through Swedish had previous training. Learn techniques while touching on C plt Of_`� advanced Swedish massage tech- acupressure, polarity, and / niques plus trigger point reflexology to relieve O� therapy, sports massage and tension and pain. The history deep muscle work. . of massage, precautions and Time: Classes start every few benefits of massage, basic a � months at 9-1 p.m. or 6-10 p.m. anatomy and relaxation tech- niques will be explored. 12940 Overlook Road we Mon. ,l s 12 or Wed. for 8 Dayton, Minnesota 55327 weeks plus 12 hrs. practice (n, Minnesota outside the class is required. Grace Cooney, Director Cost: $234 ($78 deposit re- Time: Classes start every 4- quired l week in advance, $50 6 weeks at 9-1 p.m. or 6-10 is non-refundable. p.m, on Mon. , Tues. or Wed. for 8 weeks plus 12 hrs. practice outside the class CERTIFICATION is required. Grace Cooney, GS, MT Grace Cooney has been a prac- Participants will be awarded ticing massage therapist for the certificates upon satisfactory pastl0 years and has taught mas- completion of class. The pro- sage for the past 9 years. She gram has been approved by the Cost: $234 ($78 deposit re- is director of the Touch of Minnesota Nurses Association quired 1 week in advance, $50 Life School of Massage in Committee on Continuing Educa- is non-refundable. Dayton, MN. tion for 44 Contact Hours. Certified in massage and other REGISTRATION natural methods of healing such as reflexology, polarity, Reiki , Name NariE1 and with extensive experi- CERTIFICATION ence working with chronic pain Address patients, Grace Cooney brings a Participants will be awarded depth of knowledge and practice City Zip certificates upon satisfactory to her course. She was Vice completion of class. The pro- President of the Minnesota Thera- Class Dep. gram has been approved by the peutic Massage Network .in 1984, Minnesota Nurses Association is past president of Spiritual Phone H W Committee on Continuing Educa- Frontiers Fellowship, is a mem- tion for 44 Contact Hours. ber of the American Massage Send deposit to: Touch of Life Therapy Association and the School of Massage • Sports Massage 0ining Institute. Dayton, MN 55327 12940 Overlook Road Dayton, Minnesota 55327 • (612) 421-2915 November 29, 1988 To I hom it i.ay Concern: I would very ;such like to move my school to your city. It is a good location for me and the rent will be what I can afford. Mainly, I need more space than my home can provide where I have taught for the past 9 years. icy business and students have in- creased to the point where I need an office . I am very respected and well known in the therapeutic massage field in Mnnesota. I know I would provide a reputable and pro- • fessional service for your coi_nmunity. Sincerely, Grace Cooney, Director • j� The proposed conditional use is not specifically listed for this zoning district but it would fit in very well with other businesses that are community service oriented. (see below) 2)- The Touch of Life School will not be detrimental to the health, safety, or general welfare of surrounding residents or e ,iployees but will ti:;ork positively towards these goals as further expanded upon in the next Question. This use should -not be injurious to property values or improvements for it is providing a legitimate therapeutic service .which is almost a necessity in our day and age. 3) The Proposed site for the school is very desirable for the services being offered. Private individuals I.1ay study massage techniques • which they can administer to their families , friends, or clients. I✓assage is becoming a necessity in our age of high stress. The public can, though appointments receive private therapy sessions. For example, an employee of a surrounding business �,ay come in during his break or lunch hoar and receive a 15 minute u__:per body treatment in a chair to reduce stress and pain. This will greatly enhance his productivity and attitude toward his job, family, and communityl • Date: November 28, 19c,A Fee: $100.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: Grace Cooney Phone: 427-62% , 421 -2915 Address: 12940 Overlook Road Davton, Mn. 55327 Status of applicant (owner, buyer, renter, agent, etc. ) : renter Street address and/or legal description of property in question: —2501��4t-h As►_ N.E. Zoning district in which property is located: St. Anthony Conditional use proposed: Touch of Life School of Massage (classes in therapeutic massage, Swedish; and therapeutic massage treatments) Minnesota Statutes and City Ordinances require that the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if • necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. see attached sheet 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. Signature of applicant: / r 12 - 05 - SU' A 010 , 001( CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT 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, December 20, 1988 at 7:45 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: A request from Grace Cooney for a conditional use permit to allow the operation of a school of massage and therapeutic massage treatments in a Commercial "C" zoning classification. • The specific location of the proposed use is 2504 39th Ave. N.E. (just west of the Apache Plaza main center) . 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 Mana g Publish: St. Anthony Bulletin December 7, 1988 Date• 9tf Fee• $100.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: /�i��vrT"�Oj%gN� SL/c. Phone: q-9�/��_ Address: jyoo .f�L[ [' /Y�9N 5'f' /ICE • eop, E Status of applicant (owner, buyer, renter, agent, etc. ) : Street address and/or legal description of property in question: a�l) 3 'q u,e l� Zoning district in which property is located,: �'�11�t%z�d�RL Conditional .use proposed: A201V �Qw n gy °- Minnesota Statutes and City Ordinances require that the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if • necessary. 1). The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. 1,Ve Aee, 'UST �Gi 7-1,o; �+ � � q T/'`cr�'► 0/)e- /3OPA- ST ra ef4 o77f e/- - 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. UVe "OW71'.0 ol,.,e 6ySi��ss //� ,STi,�iJl� Ytaowe ,rVr S' cyPAVs x;/W L 4&V X.4'ev a 'V%ePV& TQ 7Oe, C orrmuarTy 447- ripe 4 Oew ei;V[ AOoe7T oe 7Xe Corno - 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. &1e .,"e 7"0' ,90 {v- ux417r i� ice fir Signature of applicant: CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT 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, January 17, 1989 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 Diane and Robert Slick for a conditional use permit to allow operation of the "Alternative" , a non-alcoholic lounge at - -38th Avenue N.E. , in the space located immediately west of the Salvation Army Thrift Store as provided in a "C" Commercial zoning classification. 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 Publish: Bulletin, January 4, 1989 MAILING LIST - SLICK'S ALTERNATIVE _ 1/89 Farmer's Insurance Baker's Square Apache Veterinary Clinic • q P Y 3805 Stinson Boulevard 3701 Stinson Boulevard 2501 -37th Avenue N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 C. G. Rein Ed's Car Wash American Family Insurance 949 Sibley Memorial Highway 2415-39th Avneue N.E. 3800 Apache Lane St. Paul , MN 55118 St. Anthony, MN 55421 St. Anthony, MN 55421 Apache Office Building Firestone Tire & Rubber Pizza Hut 2500-39th Avenue N.E. 3901 Stinson Boulevard 3801 Stinson Boulevard St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Sentinel Management Apache Car Wash Soo Line Railroad 5151 Edina Industrial Blvd. 3725 Stinson Boulevard 105 S. 5th St. & Marquette Minneapolis, MN 55435 St. Anthony, MN 55421 Minneapolis, MN 55402 Re: ' Equinox Apartments JVK Construction- EFH Co. 11484 Martin Street 1601 E. Highway 13, #204 Coon Rapids, MN 55433 Burnsville, MN 55337 C=TY OF S T . ANTHONY P LANN 2 NG C OMM 2 S S 2 ON AGENDA 7 : 30 P _ M _ COUN C 2 L CHAMBERS A. Call to Order. B. Roll Call. C. Minutes. 1. December 20, 1988 Planning Commission. D. Designate Commission Representative to the Council Meeting on January 24, 1989. E. Public Hearings. 1. 7: 35 P.M. - Slick's Alternative, for - 38th Avenue N.E. , conditional use request (#01-89) . 2. 8:00 P.M. - Eberhardt Co. , for 2900-2955 Pentagon Drive; sign variance request (#02- 89) . F. Miscellaneous. 1. Planning Workshop. G. Adjournment. •